Am. Sub. H. B. No. 119 As Passed by the Senate

As Passed by the Senate

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 9.30, 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, 122.17, 122.171,

122.602, 122.652, 124.152, 125.01, 125.02,

125.021, 125.022, 125.023, 125.04, 125.041,

125.05, 125.06, 125.07, 125.071, 125.072, 125.073,

125.08, 125.081, 125.082, 125.09, 125.10, 125.11,

125.15, 125.18, 125.25, 125.30, 125.45, 125.93,

125.96, 125.97, 125.98, 126.03, 126.07, 126.08,

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, 173.85,

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, 333.02,

333.04, 340.03, 505.37, 505.376, 505.705, 517.08,

519.12, 711.001, 711.05, 711.10, 711.131, 718.051,

718.13, 901.171, 1306.20, 1306.21, 1347.06,

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, 2113.041,

2117.061, 2117.25, 2151.362, 2305.2341, 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, 3310.41,

3311.24, 3311.51, 3311.521, 3313.532, 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,

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, 3319.55, 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, 3353.02, 3353.03, 3354.10, 3355.01,

3357.01, 3357.10, 3358.06, 3365.01, 3381.04,

3501.01, 3501.05, 3501.11, 3501.17, 3501.31,

3505.062, 3505.063, 3505.23, 3513.21, 3517.106,

3517.11, 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, 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, 4511.101, 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,

4753.02, 4753.05, 4753.11, 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, 5101.27, 5101.51, 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, 5111.011, 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,

5111.915, 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, 5703.57, 5703.80, 5705.01,

5705.214, 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, 5739.09, 5739.12, 5739.122, 5739.21,

101

5741.02, 5741.03, 5741.121, 5743.01, 5743.20,

102

5745.02, 5745.05, 5745.13, 5747.01, 5747.03,

103

5747.47, 5747.50, 5747.501, 5747.51, 5747.54,

104

5747.98, 5748.01, 5748.02, 5748.021, 5749.02,

105

5751.20, 5751.21, 5751.23, 5907.15, 6109.21,

106

6111.04, 6111.44, 6119.06, 6121.04, and 6131.23;

107

to amend, for the purpose of adopting new section

108

numbers as indicated in parentheses, sections

109

125.18 (126.17), 125.30 (126.18), 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), 5111.95 (5111.033),

116

5111.96 (5111.034), and 5126.057 (5126.0511); to

117

enact new sections 3318.47, 3323.01, 3323.011,

118

3323.06, 3323.08, 3323.11, 3704.14, and 5123.16

119

and sections 5.2235, 109.521, 117.112, 122.051,

120

122.071, 122.076, 122.174, 125.011, 126.04,

121

126.19, 126.24, 126.40, 131.51, 167.10, 167.101,

122

167.102, 167.103, 167.104, 167.105, 173.351,

123

173.401, 183.061, 183.51, 183.52, 901.261,

124

1713.031, 3119.032, 3123.23, 3301.0724, 3301.162,

125

3303.20, 3310.51 to 3310.63, 3313.82, 3314.016,

126

3314.017, 3314.086, 3314.087, 3314.088, 3314.19,

127

3317.161, 3323.014, 3323.041, 3323.052, 3327.17,

128

3333.201, 3333.50, 3333.55, 3333.60, 3333.61,

129

3333.62, 3333.63, 3333.64, 3333.65, 3333.66,

130

3333.67, 3333.68, 3333.69, 3333.70, 3345.02,

131

3353.20, 3353.21, 3353.22, 3353.23, 3353.24,

132

3353.25, 3353.26, 3353.27, 3353.28, 3353.29,

133

3353.30, 3355.15, 3357.13, 3701.047, 3701.135,

134

4303.071, 4303.232, 4303.233, 4511.093, 4517.261,

135

4703.071, 4753.073, 4753.101, 4766.22, 4923.26,

136

5101.272, 5101.541, 5101.573, 5101.574, 5101.575,

137

5101.591, 5107.04, 5107.121, 5107.71, 5107.711,

138

5107.712, 5107.713, 5107.714, 5107.715, 5107.716,

139

5107.717, 5111.017, 5111.0120, 5111.0121,

140

5111.028, 5111.029, 5111.031, 5111.032, 5111.085,

141

5111.102, 5111.69, 5111.70, 5111.701, 5111.702,

142

5111.703, 5111.704, 5111.705, 5111.706, 5111.707,

143

5111.708, 5111.709, 5111.7010, 5111.84, 5111.894,

144

5123.033, 5123.0414, 5123.0415, 5123.0416,

145

5123.161, 5123.162, 5123.163, 5123.164, 5123.165,

146

5123.166, 5123.167, 5123.168, 5123.169, 5123.605,

147

5126.059, 5126.0510, 5126.0512, 5302.221,

148

5309.082, 5533.531, 5533.632, 5533.91, 5705.219,

149

5733.48, 5739.029, 5739.124, 5739.213, 5741.122,

150

5747.77, 5748.022, 5907.16, and 6111.0381; to

151

repeal sections 103.141, 125.95, 183.02, 183.27,

152

183.32, 3318.47, 3318.48, 3318.49, 3323.01,

153

3323.06, 3323.08, 3323.11, 3333.29, 3704.14,

154

4911.021, 5111.161, 5123.16, 5123.182, 5123.199,

155

5126.035, 5126.036, 5126.053, 5126.431, 5126.44,

156

5126.451, 5743.331, 5747.61, 5747.62, and 5747.63

157

of the Revised Code; to amend Sections 203.50,

158

209.10, 227.10, and 555.08 of Am. Sub. H.B. 67 of

159

the 127th General Assembly; to amend Section

160

252.70 of Am. Sub. H.B. 530 of the 126th General

161

Assembly, to amend Section 235.30 of Am. Sub. H.B.

162

530 of the 126th General Assembly, as subsequently

163

amended, to amend Sections 227.10, 235.10.50,

164

235.50.80, and 329.10 of Am. Sub. H.B. 699 of the

165

126th General Assembly, to amend Section 235.20.20

166

of Am. Sub. H.B. 699 of the 126th General

167

Assembly, as subsequently amended, to amend

168

Section 203.20 of Sub. S.B. 321 of the 126th

169

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

170

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

171

subsequently amended, to repeal Section 3 of Am.

172

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

173

to repeal the version of section 3702.68 of the

174

Revised Code that was to have taken effect July 1,

175

2007, to make operating appropriations for the

176

biennium beginning July 1, 2007, and ending June

177

30, 2009, and to provide authorization and

178

conditions for the operation of state programs; to

179

suspend sections 3718.02, 3718.05, 3718.06,

180

3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and

181

6111.441 of the Revised Code until July 1, 2009,

182

and to amend sections 711.001, 711.05, 711.10,

183

711.131, 4736.01, 6111.04, and 6111.44 and to

184

enact section 3718.022 of the Revised Code

185

effective July 1, 2009; to confirm and to order

186

implementation of sections 9.833, 9.90, 3311.19,

187

3313.12, 3313.202, 3313.33, 4117.03, and 4117.08

188

and to confirm and to order complete

189

implementation of section 9.901 of the Revised

190

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

191

of the 126th General Assembly; to repeal Section

192

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

193

Assembly; and to amend sections 9.833, 9.90,

194

9.901, 3313.202, 3313.33, and 4117.03 of the

195

Revised Code to make other specifications

196

pertaining to that implementation as have become

197

necessary; and to terminate operation of section

198

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

199

repealing the section on that date.

200

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

Section 101.01. That sections 9.30, 9.821, 9.822, 9.823,	201
9.83, 107.12, 107.40, 109.57, 109.572, 109.93, 111.18, 117.11,	202
119.07, 120.33, 121.48, 122.17, 122.171, 122.602, 122.652,	203
124.152, 125.01, 125.02, 125.021, 125.022, 125.023, 125.04,	204
125.041, 125.05, 125.06, 125.07, 125.071, 125.072, 125.073,	205
125.08, 125.081, 125.082, 125.09, 125.10, 125.11, 125.15, 125.18,	206
125.25, 125.30, 125.45, 125.93, 125.96, 125.97, 125.98, 126.03,	207
126.07, 126.08, 126.21, 126.22, 127.16, 131.44, 133.01, 133.081,	208
149.311, 151.08, 151.40, 156.02, 164.03, 164.08, 164.09, 166.08,	209
167.04, 173.04, 173.35, 173.85, 173.86, 174.03, 174.06, 183.01,	210
183.021, 183.17, 183.33, 183.34, 183.35, 305.31, 307.672, 307.695,	211
307.98, 307.981, 308.04, 317.08, 319.202, 319.54, 322.01, 323.131,	212
323.151, 323.152, 323.153, 323.154, 325.31, 329.04, 329.05,	213
329.14, 333.02, 333.04, 340.03, 505.37, 505.376, 505.705, 517.08,	214
519.12, 711.001, 711.05, 711.10, 711.131, 718.051, 718.13,	215
901.171, 1306.20, 1306.21, 1347.06, 1503.05, 1504.02, 1506.01,	216
1506.99, 1513.08, 1513.18, 1514.081, 1514.40, 1521.01, 1521.20,	217
1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26, 1521.27,	218
1521.28, 1521.29, 1521.99, 1531.06, 1531.35, 1555.08, 1557.03,	219
2113.041, 2117.061, 2117.25, 2151.362, 2305.2341, 2913.40,	220
2921.42, 2927.023, 2935.03, 3109.04, 3109.041, 3119.022, 3119.023,	221
3119.05, 3119.27, 3119.29, 3119.30, 3119.32, 3125.12, 3301.011,	222
3301.07, 3301.0711, 3301.0714, 3301.0718, 3301.12, 3301.311,	223
3301.53, 3302.03, 3302.10, 3310.41, 3311.24, 3311.51, 3311.521,	224
3313.532, 3313.603, 3313.615, 3313.64, 3313.646, 3313.66,	225
3313.661, 3313.841, 3313.843, 3313.97, 3313.974, 3313.977,	226
3313.978, 3313.98, 3313.983, 3314.015, 3314.02, 3314.06, 3314.061,	227
3314.074, 3314.08, 3314.083, 3317.01, 3317.012, 3317.013,	228
3317.014, 3317.015, 3317.016, 3317.017, 3317.02, 3317.021,	229
3317.022, 3317.023, 3317.024, 3317.025, 3317.026, 3317.027,	230
3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03, 3317.031,	231
3317.032, 3317.04, 3317.05, 3317.051, 3317.052, 3317.06, 3317.063,	232
3317.07, 3317.08, 3317.15, 3317.16, 3317.19, 3317.20, 3317.201,	233
3318.01, 3318.011, 3318.023, 3318.12, 3318.15, 3318.26, 3318.36,	234
3319.55, 3321.03, 3323.011, 3323.02, 3323.03, 3323.031, 3323.04,	235
3323.05, 3323.051, 3323.07, 3323.09, 3323.091, 3323.12, 3323.13,	236
3323.14, 3323.141, 3323.142, 3323.143, 3323.15, 3323.17, 3323.18,	237
3323.20, 3323.30, 3325.011, 3325.02, 3327.01, 3327.05, 3327.16,	238
3333.04, 3333.122, 3333.36, 3333.38, 3345.05, 3345.32, 3353.02,	239
3353.03, 3354.10, 3355.01, 3357.01, 3357.10, 3358.06, 3365.01,	240
3381.04, 3501.01, 3501.05, 3501.11, 3501.17, 3501.31, 3505.062,	241
3505.063, 3505.23, 3513.21, 3517.106, 3517.11, 3599.17, 3599.19,	242
3599.37, 3701.74, 3701.741, 3702.52, 3702.5211, 3702.5212,	243
3702.5213, 3702.57, 3702.68, 3704.03, 3705.24, 3706.01, 3706.03,	244
3706.041, 3706.05, 3706.07, 3718.03, 3721.51, 3721.541, 3721.56,	245
3727.391, 3734.57, 3735.672, 3743.17, 3743.19, 3743.25, 3743.75,	246
3745.04, 3745.11, 3767.41, 3769.087, 3770.03, 3770.06, 3905.36,	247
3923.281, 4112.12, 4112.13, 4141.09, 4301.20, 4301.24, 4301.43,	248
4303.03, 4503.06, 4503.061, 4503.064, 4503.065, 4503.066,	249
4503.067, 4503.10, 4503.102, 4503.35, 4505.06, 4511.101, 4513.241,	250
4513.263, 4513.35, 4715.251, 4717.07, 4723.32, 4723.621, 4723.63,	251
4723.64, 4723.65, 4723.66, 4731.053, 4731.142, 4731.22, 4735.10,	252
4735.141, 4736.01, 4743.05, 4753.02, 4753.05, 4753.11, 4755.03,	253
4766.05, 4775.08, 4921.40, 5101.141, 5101.16, 5101.162, 5101.21,	254
5101.211, 5101.212, 5101.213, 5101.24, 5101.242, 5101.244,	255
5101.27, 5101.51, 5101.571, 5101.572, 5101.58, 5101.59, 5101.802,	256
5101.98, 5104.04, 5104.30, 5107.02, 5107.03, 5107.05, 5107.10,	257
5107.12, 5107.14, 5107.16, 5107.17, 5107.18, 5107.281, 5107.30,	258
5107.36, 5107.41, 5107.42, 5107.70, 5111.01, 5111.011, 5111.013,	259
5111.014, 5111.016, 5111.019, 5111.0111, 5111.0112, 5111.023,	260
5111.03, 5111.06, 5111.084, 5111.10, 5111.101, 5111.11, 5111.112,	261
5111.113, 5111.163, 5111.17, 5111.172, 5111.20, 5111.851,	262
5111.871, 5111.872, 5111.8814, 5111.89, 5111.891, 5111.915,	263
5111.95, 5111.96, 5112.341, 5115.12, 5119.611, 5123.01, 5123.012,	264
5123.043, 5123.045, 5123.046, 5123.047, 5123.048, 5123.049,	265
5123.0411, 5123.051, 5123.19, 5123.196, 5123.198, 5123.20,	266
5123.211, 5123.38, 5123.41, 5123.51, 5123.60, 5123.602, 5123.99,	267
5126.038, 5126.04, 5126.041, 5126.042, 5126.046, 5126.05,	268
5126.054, 5126.055, 5126.056, 5126.057, 5126.06, 5126.12, 5126.15,	269
5126.18, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45,	270
5126.47, 5139.43, 5323.01, 5323.02, 5323.99, 5528.54, 5531.10,	271
5537.04, 5537.16, 5537.99, 5703.57, 5703.80, 5705.01, 5705.214,	272
5705.25, 5705.29, 5705.44, 5709.68, 5711.01, 5713.011, 5725.24,	273
5727.06, 5727.45, 5727.81, 5727.84, 5727.85, 5727.86, 5727.87,	274
5733.12, 5733.39, 5733.98, 5739.02, 5739.032, 5739.033, 5739.09,	275
5739.12, 5739.122, 5739.21, 5741.02, 5741.03, 5741.121, 5743.01,	276
5743.20, 5745.02, 5745.05, 5745.13, 5747.01, 5747.03, 5747.47,	277
5747.50, 5747.501, 5747.51, 5747.54, 5747.98, 5748.01, 5748.02,	278
5748.021, 5749.02, 5751.20, 5751.21, 5751.23, 5907.15, 6109.21,	279
6111.04, 6111.44, 6119.06, 6121.04, and 6131.23 be amended;	280
sections 125.18 (126.17), 125.30 (126.18), 1521.20 (1506.38),	281
1521.21 (1506.39), 1521.22 (1506.40), 1521.23 (1506.41), 1521.24	282
(1506.42), 1521.25 (1506.43), 1521.26 (1506.44), 1521.27	283
(1506.45), 1521.28 (1506.46), 1521.29 (1506.47), 1521.30	284
(1506.48), 3323.011 (3323.013), 3702.63 (3702.591), 3702.68	285
(3702.59), 5111.95 (5111.033), 5111.96 (5111.034), and 5126.057	286
(5126.0511) be amended for the purpose of adopting new section	287
numbers as indicated in parentheses; and new sections 3318.47,	288
3323.01, 3323.011, 3323.06, 3323.08, 3323.11, 3704.14, and 5123.16	289
and sections 5.2235, 109.521, 117.112, 122.051, 122.071, 122.076,	290
122.174, 125.011, 126.04, 126.19, 126.24, 126.40, 131.51, 167.10,	291
167.101, 167.102, 167.103, 167.104, 167.105, 173.351, 173.401,	292
183.061, 183.51, 183.52, 901.261, 1713.031, 3319.302, 3123.23,	293
3301.0724, 3301.162, 3303.20, 3310.51, 3310.52, 3310.53, 3310.54,	294
3310.55, 3310.56, 3310.57, 3310.58, 3310.59, 3310.60, 3310.61,	295
3310.62, 3310.63, 3313.82, 3314.016, 3314.017, 3314.086, 3314.087,	296
3314.088, 3314.19, 3317.161, 3323.014, 3323.041, 3323.052,	297
3327.17, 3333.201, 3333.50, 3333.55, 3333.60, 3333.61, 3333.62,	298
3333.63, 3333.64, 3333.65, 3333.66, 3333.67, 3333.68, 3333.69,	299
3333.70, 3345.02, 3353.20, 3353.21, 3353.22, 3353.23, 3353.24,	300
3353.25, 3353.26, 3353.27, 3353.28, 3353.29, 3353.30, 3355.15,	301
3357.13, 3701.047, 3701.135, 4303.071, 4303.232, 4303.233,	302
4511.093, 4517.261, 4703.071, 4753.073, 4753.101, 4766.22,	303
4923.26, 5101.272, 5101.541, 5101.573, 5101.574, 5101.575,	304
5101.591, 5107.04, 5107.121, 5107.71, 5107.711, 5107.712,	305
5107.713, 5107.714, 5107.715, 5107.716, 5107.717, 5111.017,	306
5111.0120, 5111.0121, 5111.028, 5111.029, 5111.031, 5111.032,	307
5111.085, 5111.102, 5111.69, 5111.70, 5111.701, 5111.702,	308
5111.703, 5111.704, 5111.705, 5111.706, 5111.707, 5111.708,	309
5111.709, 5111.7010, 5111.84, 5111.894, 5123.033, 5123.0414,	310
5123.0415, 5123.0416, 5123.161, 5123.162, 5123.163, 5123.164,	311
5123.165, 5123.166, 5123.167, 5123.168, 5123.169, 5123.605,	312
5126.059, 5126.0510, 5126.0512, 5302.221, 5309.082, 5533.531,	313
5533.632, 5533.91, 5705.219, 5733.48, 5739.029, 5739.124,	314
5739.213, 5741.122, 5747.77, 5748.022, 5907.16, and 6111.0381 of	315
the Revised Code be enacted to read as follows:	316

Sec. 5.2235. The month of May is designated as "Nutrition and	317
Physical Fitness Month" to increase public awareness of the	318
paramount roles that nutrition and physical fitness play in	319
promoting a healthy lifestyle for all of the citizens of this	320
state.	321

Sec. 9.30. The appropriate public officer of the state,	322
county, municipal corporation, township, school, or other public	323
body or institution, may acquire the service, product, or	324
commodity of a public utility at the schedule of rates and charges	325
applicable to such service, product, or commodity on file with the	326
public utilities commission, or the applicable charge established	327
by a utility operating its property not for profit, at any	328
location where such public utility service, product, or commodity	329
is not available, from alternate public utilities, without the	330
necessity of advertising to obtain bids, and without notice,	331
irrespective of the amount of money involved. Nothing in this	332
section supersedes sections 125.01 to 125.15 of the Revised Code	333
for the acquisition of telecommunication utility services by state	334
agencies.	335

Sec. 9.821. (A) The department of administrative services	336
shall direct and manage for state agencies all risk management and	337
insurance programs authorized under section 9.822 of the Revised	338
Code.	339

(B) The office of risk management is hereby established	340
within the department of administrative services. The director of	341
administrative services, or a deputy director appointed by the	342
director, shall control and supervise the office.	343

(C) The office may take any of the following actions that it	344
determines to be in the best interests of the state:	345

(1) Provide all insurance coverages for the state, including,	346
but not limited to, automobile liability, casualty, property,	347
public liability, and~~, except as provided in division (C)(6) of~~	348
~~this section,~~ fidelity ~~bond insurance~~bonding. The cost of	349
insurance coverage shall be paid from appropriations made to the	350
state agencies that the office has designated to receive the	351
coverage.	352

(2) Provide coverage of legal expenses that are necessary and	353
related to the legal defense of claims against the state;	354

(3) Purchase insurance policies consistent with sections	355
125.01 to 125.111 of the Revised Code, develop and administer	356
self-insurance programs, or do both;	357

(4) Consolidate and combine state insurance coverages;

358

(5) Provide technical services in risk management and	359
insurance to state agencies;	360

(6)~~(a) Establish and administer a self-insured fidelity bond~~	361
~~program for a particular class or subclass of state officer,~~	362
~~employee, or agent, if, prior to the establishment and~~	363
~~administration of this program, the director does both of the~~	364
~~following:~~	365

~~(i) Holds a hearing in accordance with Chapter 119. of the~~	366
~~Revised Code to determine whether fidelity bond insurance for that~~	367
~~particular class or subclass of state officer, employee, or agent~~	368
~~is available in the voluntary market;~~	369

~~(ii) If, as a result of that hearing, the director determines~~	370
~~that fidelity bond insurance for a particular class or subclass of~~	371
~~state officer, employee, or agent is unavailable in the voluntary~~	372
~~market and that the absence of this insurance threatens the~~	373
~~operation of state government and will be detrimental to the~~	374
~~general welfare of the citizens of this state, adopts rules in~~	375
~~accordance with Chapter 119. of the Revised Code to establish~~	376
~~standards and procedures governing the establishment,~~	377
~~administration, and termination of the fidelity bond program for~~	378
~~that particular class or subclass of state officer, employee, or~~	379
~~agent.~~	380

~~(b) Division (C)(6)(a) of this section does not apply to any~~	381
~~self-insured blanket fidelity bond program that, on September 20,~~	382
~~1993, has been established pursuant to section 9.831 of the~~	383
~~Revised Code.~~	384

~~(7) Except as provided in division (C)(6) of this section,~~	385
~~adopt~~Adopt and publish, in accordance with section 111.15 of the	386
Revised Code, necessary rules and procedures governing the	387
administration of the state's insurance and risk management	388
activities.	389

(D) No state agency, except a state agency exempted under	390
section 125.02 or 125.04 of the Revised Code from the department's	391
purchasing authority, shall purchase any insurance described in	392
this section except as authorized by the department, when the	393
office of risk management determines that the purchase is in the	394
best interest of the state pursuant to division (C)(1) of this	395
section, and in accordance with terms, conditions, and procurement	396
methods established by the department.	397

(E) With respect to any civil action, demand, or claim	398
against the state that could be filed in the court of claims,	399
nothing in sections 9.82 to 9.823 of the Revised Code shall be	400
interpreted to permit the settlement or compromise of those civil	401
actions, demands, or claims, except in the manner provided in	402
Chapter 2743. of the Revised Code.	403

Sec. 9.822. (A) The department of administrative services	404
through the office of risk management shall establish an insurance	405
plan or plans that may provide for self-insurance or the purchase	406
of insurance, or both, for ~~any~~either of the following purposes:	407

(1) Insuring state real and personal property against losses	408
occasioned by fire, windstorm, or other accidents and perils;	409

(2) Insuring the state and its officers and employees against	410
liability resulting from any civil action, demand, or claim	411
against the state or its officers and employees arising out of any	412
act or omission of an officer or employee in the performance of	413
official duties, except acts and omissions for which	414
indemnification is prohibited under section 9.87 of the Revised	415
Code;.	416

~~(3) Insuring~~(B) The department of administrative services	417
through the office of risk management shall establish one or more	418
insurance plans that provide for the purchase of insurance for the	419
purpose of insuring the state through the fidelity bonding of	420
state officers, employees, and agents who are required by law to	421
provide a fidelity bond. Nothing in this section shall be	422
construed to allow the department of administrative services	423
through the office of risk management to administer the state's	424
fidelity bonding program through a program of self-insurance.	425

~~(B)(1) Prior to the establishment of any self-insured~~	426
~~fidelity bond program for a particular class or subclass of state~~	427
~~officer, employee, or agent authorized pursuant to division (A)(3)~~	428
~~of this section, the director of administrative services shall~~	429
~~follow the procedures for holding a hearing and adopting rules set~~	430
~~forth in division (C)(6)(a) of section 9.821 of the Revised Code.~~	431

~~(2) Division (B)(1) of this section does not apply to any~~	432
~~self-insured blanket fidelity bond program that, on September 20,~~	433
~~1993, has been established pursuant to section 9.831 of the~~	434
~~Revised Code.~~	435

~~(3) The director shall prepare annually a written report~~	436
~~detailing any self-insured fidelity bond program established~~	437
~~pursuant to division (A)(3) of this section. The report shall~~	438
~~include, but is not limited to, information relating to premiums~~	439
~~collected, income from recovery, loss experience, and~~	440
~~administrative costs of the program. A copy of the report,~~	441
~~together with a copy of those portions of the most recent reports~~	442
~~submitted under division (D) of section 9.823 of the Revised Code~~	443
~~that pertain to any such self-insured fidelity bond program, shall~~	444
~~be submitted to the speaker of the house of representatives and~~	445
~~the president of the senate by the last day of March of each year.~~	446

Sec. 9.823. (A) All contributions collected by the director	447
of administrative services under division (E) of this section	448
shall be deposited into the state treasury to the credit of the	449
risk management reserve fund, which is hereby created. The fund	450
shall be used to provide insurance and self-insurance for the	451
state under ~~section~~sections 9.822 and 9.83 of the Revised Code.	452
All investment earnings of the fund shall be credited to it.	453

(B) The director, through the office of risk management,	454
shall operate the risk management reserve fund on an actuarially	455
sound basis.	456

(C) Reserves shall be maintained in the risk management	457
reserve fund in any amount that is necessary and adequate, in the	458
exercise of sound and prudent actuarial judgment, to cover	459
potential liability claims, expenses, fees, or damages. Money in	460
the fund may be applied to the payment of liability claims that	461
are filed against the state in the court of claims and determined	462
in the manner provided for under Chapter 2743. of the Revised	463
Code. The director may procure the services of a qualified	464
actuarial firm for the purpose of recommending the specific amount	465
of money that would be required to maintain adequate reserves for	466
a given period of time.	467

(D) A report of the amounts reserved and disbursements made	468
from the reserves, together with a written report of a competent	469
property and casualty actuary, shall be submitted, on or before	470
the last day of March for the preceding calendar year, to the	471
speaker of the house of representatives and the president of the	472
senate. The actuary shall certify the adequacy of the rates of	473
contributions, the sufficiency of excess insurance, and whether	474
the amounts reserved conform to the requirements of this section,	475
are computed in accordance with accepted loss reserving standards,	476
and are fairly stated in accordance with sound loss reserving	477
principles. The report shall include disbursements made for the	478
administration of the fund, including claims paid, cost of legal	479
representation of state agencies and employees, and fees paid to	480
consultants.	481

(E) The director shall collect from each state agency or any	482
participating state body its contribution to the risk management	483
reserve fund for the purpose of purchasing insurance or	484
administering self-insurance programs for coverages authorized	485
under ~~section~~sections 9.822 and 9.83 of the Revised Code. The	486
contribution shall be determined by the director, with the	487
approval of the director of budget and management, and shall be	488
based upon actuarial assumptions and the relative risk and loss	489
experience of each state agency or participating state body. The	490
contribution shall further include a reasonable sum to cover the	491
department's administrative costs.	492

Sec. 9.83. (A) The state and any political subdivision may	493
procure a policy or policies of insurance insuring its officers	494
and employees against liability for injury, death, or loss to	495
person or property that arises out of the operation of an	496
automobile, truck, motor vehicle with auxiliary equipment,	497
self-propelling equipment or trailer, aircraft, or watercraft by	498
the officers or employees while engaged in the course of their	499
employment or official responsibilities for the state or the	500
political subdivision. The state is authorized to expend funds to	501
pay judgments that are rendered in any court against its officers	502
or employees and that result from such operation, and is	503
authorized to expend funds to compromise claims for liability	504
against its officers or employees that result from such operation.	505
No insurer shall deny coverage under such a policy, and the state	506
shall not refuse to pay judgments or compromise claims, on the	507
ground that an automobile, truck, motor vehicle with auxiliary	508
equipment, self-propelling equipment or trailer, aircraft, or	509
watercraft was not being used in the course of an officer's or	510
employee's employment or official responsibilities for the state	511
or a political subdivision unless the officer or employee who was	512
operating an automobile, truck, motor vehicle with auxiliary	513
equipment, or self-propelling equipment or trailer is convicted of	514
a violation of section 124.71 of the Revised Code as a result of	515
the same events.	516

(B) Funds shall be reserved as necessary, in the exercise of	517
sound and prudent actuarial judgment, to cover potential expense,	518
fees, damage, loss, or other liability. The ~~superintendent of~~	519
~~insurance~~office of risk management may recommend or, if the state	520
requests of the ~~superintendent~~office of risk management, shall	521
recommend, a specific amount for any period of time that, in the	522
~~superintendent's~~ opinion of the office of risk management,	523
represents such a judgment.	524

(C) Nothing in this section shall be construed to require the	525
department of administrative services to purchase liability	526
insurance for all state vehicles in a single policy of insurance	527
or to cover all state vehicles under a single plan of	528
self-insurance.	529

(D) Insurance procured by the state pursuant to this section	530
shall be procured as provided in section 125.03 of the Revised	531
Code.	532

(E) For purposes of liability insurance procured under this	533
section to cover the operation of a motor vehicle by a prisoner	534
for whom the insurance is procured, "employee" includes a prisoner	535
in the custody of the department of rehabilitation and correction	536
who is enrolled in a work program that is established by the	537
department pursuant to section 5145.16 of the Revised Code and in	538
which the prisoner is required to operate a motor vehicle, as	539
defined in section 4509.01 of the Revised Code, and who is engaged	540
in the operation of a motor vehicle in the course of the work	541
program.	542

(F) ~~There is hereby created in the state treasury the vehicle~~	543
~~liability fund.~~ All contributions collected by the director of	544
administrative services under division (I) of this section shall	545
be deposited into the ~~fund. The fund shall be used to provide~~	546
~~insurance and self-insurance for the state under this section. All~~	547
~~investment earnings of the fund shall be credited to it~~risk	548
management reserve fund created in section 9.823 of the Revised	549
Code to the credit of the vehicle liability program.	550

(G) ~~The director of administrative services, through the~~	551
~~office of risk management, shall operate the vehicle liability~~	552
~~fund on an actuarially sound basis.~~	553

~~(H)~~ Reserves shall be maintained in the ~~vehicle liability~~	554
risk management reserve fund to the credit of the vehicle	555
liability program in any amount that is necessary and adequate, in	556
the exercise of sound and prudent actuarial judgment, to cover	557
potential liability claims, expenses, fees, or damages. Money in	558
the fund may be applied to the payment of liability claims that	559
are filed against the state in the court of claims and determined	560
in the manner provided in Chapter 2743. of the Revised Code. The	561
director of administrative services may procure the services of a	562
qualified actuarial firm for the purpose of recommending the	563
specific amount of money that is required to maintain adequate	564
reserves for a specified period of time.	565

~~(I)~~(H) The director of administrative services shall collect	566
from each state agency or any participating state body its	567
contribution to the vehicle liability ~~fund~~program for the purpose	568
of purchasing insurance or administering self-insurance programs	569
for coverage authorized under this section. The amount of the	570
contribution shall be determined by the director, with the	571
approval of the director of budget and management. It shall be	572
based upon actuarial assumptions and the relative risk and loss	573
experience of each state agency or participating state body. The	574
amount of the contribution also shall include a reasonable sum to	575
cover administrative costs of the department of administrative	576
services. The amounts collected pursuant to this division shall be	577
deposited in the risk management reserve fund to the credit of the	578
vehicle liability program.	579

Sec. 107.12. (A) As used in this section, "organization"	580
means a faith-based or other organization that is exempt from	581
federal income taxation under section 501(c)(3) of the Internal	582
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended, and	583
provides charitable services to needy residents of this state.	584

(B) There is hereby established within the office of the	585
governor the governor's office of faith-based and community	586
initiatives. The office shall:	587

(1) Serve as a clearinghouse of information on federal,	588
state, and local funding for charitable services performed by	589
organizations;	590

(2) Encourage organizations to seek public funding for their	591
charitable services;	592

(3) Act as a liaison between state agencies and	593
organizations;	594

(4) Advise the governor, general assembly, and the advisory	595
board of the governor's office of faith-based community	596
initiatives on the barriers that exist to collaboration between	597
organizations and governmental entities and on ways to remove the	598
barriers.	599

(C) The governor shall appoint an executive assistant to	600
manage the office and perform or oversee the performance of the	601
duties of the office.	602

(D)(1) There is hereby created the advisory board of the	603
governor's office of faith-based and community initiatives. The	604
board shall consist of members appointed as follows:	605

(a) The directors of aging, alcohol and drug addiction	606
services, rehabilitation and correction, health, job and family	607
services, mental health, and youth services shall each appoint to	608
the board one employee of that director's department.	609

(b) The speaker of the house of representatives shall appoint	610
to the board two members of the house of representatives, not more	611
than one of whom shall be from the same political party and at	612
least one of whom shall be from the legislative black caucus. The	613
speaker of the house of representatives shall consult with the	614
president of the legislative black caucus in making the	615
legislative black caucus member appointment. The president of the	616
senate shall appoint to the board two members of the senate, not	617
more than one of whom shall be from the same political party.	618

(c) The governor, speaker of the house of representatives,	619
and president of the senate shall each appoint to the board three	620
representatives of the nonprofit, faith-based and other nonprofit	621
community.	622

(2) ~~The appointments to the board shall be made within thirty~~	623
~~days after the effective date of this section.~~ Terms of the office	624
shall be one year. Any vacancy that occurs on the board shall be	625
filled in the same manner as the original appointment. The members	626
of the board shall serve without compensation.	627

(3) At its initial meeting, the board shall elect a	628
chairperson. The chairperson shall be a member of the board who is	629
a member of the house of representatives.	630

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

631

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

632

(2) Publish a report of its activities on or before the first	633
day of August of each year, and deliver copies of the report to	634
the governor, the speaker and minority leader of the house of	635
representatives, and the president and minority leader of the	636
senate.	637

(F) No member of the board or organization that the member is	638
affiliated or involved with is eligible to receive any grant that	639
the office administers or assists in administering.	640

Sec. 107.40. (A) There is hereby created the governor's	641
residence advisory commission. The commission shall provide for	642
the preservation, restoration, acquisition, and conservation of	643
all decorations, objects of art, chandeliers, china, silver,	644
statues, paintings, furnishings, accouterments, and other	645
aesthetic materials that have been acquired, donated, loaned, or	646
otherwise obtained by the state for the governor's residence and	647
that have been approved by the commission. In addition, the	648
commission shall provide for the maintenance of plants that have	649
been acquired, donated, loaned, or otherwise obtained by the state	650
for the governor's residence and that have been approved by the	651
commission.	652

(B) The commission shall be responsible for the care,	653
provision, repair, and placement of furnishings and other objects	654
and accessories of the grounds and public areas of the first story	655
of the governor's residence and for the care and placement of	656
plants on the grounds. In exercising this responsibility, the	657
commission shall preserve and seek to further establish all of the	658
following:	659

(1) The authentic ambiance and decor of the historic era	660
during which the governor's residence was constructed;	661

(2) The grounds as a representation of Ohio's natural	662
ecosystems;	663

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

664

(a) To preserve, sustain, and encourage the use of native	665
flora throughout the state;	666

(b) To replicate the state's physiographic regions, plant	667
communities, and natural landscapes;	668

(c) To serve as an educational garden that demonstrates the	669
artistic, industrial, political, horticultural, and geologic	670
history of the state through the use of plants;	671

(d) To serve as a reservoir of rare species of plants from	672
the physiographic regions of the state.	673

These duties shall not affect the obligation of the	674
department of administrative services to provide for ~~the~~and adopt	675
policies and procedures regarding the use, general maintenance,	676
and operating expenses of the governor's residence.	677

(C) The commission shall consist of eleven members. One	678
member shall be the director of administrative services or the	679
director's designee, who shall serve during the director's term of	680
office and shall serve as chairperson. One member shall be the	681
director of the Ohio historical society or the director's	682
designee, who shall serve during the director's term of office and	683
shall serve as vice-chairperson. One member shall represent the	684
Columbus landmarks foundation. One member shall represent the	685
Bexley historical society. One member shall be the mayor of the	686
city of Bexley, who shall serve during the mayor's term of office.	687
One member shall be the chief executive officer of the Franklin	688
park conservatory joint recreation district, who shall serve	689
during the term of employment as chief executive officer. The	690
remaining five members shall be appointed by the governor with the	691
advice and consent of the senate. The five members appointed by	692
the governor shall be persons with knowledge of Ohio history,	693
architecture, decorative arts, or historic preservation, and one	694
of those members shall have knowledge of landscape architecture,	695
garden design, horticulture, and plants native to this state.	696

(D) Of the initial appointees, the representative of the	697
Columbus landmarks foundation shall serve for a term expiring	698
December 31, 1996, and the representative of the Bexley historical	699
society shall serve for a term expiring December 31, 1997. Of the	700
five members appointed by the governor, three shall serve for	701
terms ending December 31, 1998, and two shall serve for terms	702
ending December 31, 1999. Thereafter, each term shall be for four	703
years, commencing on the first day of January and ending on the	704
last day of December. The member having knowledge of landscape	705
architecture, garden design, horticulture, and plants native to	706
this state initially shall be appointed upon the first vacancy on	707
the commission occurring on or after June 30, 2006.	708

Each member shall hold office from the date of the member's	709
appointment until the end of the term for which the member was	710
appointed. Any member appointed to fill a vacancy occurring prior	711
to the end of the term for which the member's predecessor was	712
appointed shall hold office for the remainder of the term. Any	713
member shall continue in office subsequent to the expiration of	714
the term until the member's successor takes office.	715

(E) Six members of the commission constitute a quorum, and	716
the affirmative vote of six members is required for approval of	717
any action by the commission.	718

(F) After each initial member of the commission has been	719
appointed, the commission shall meet and select one member as	720
secretary and another as treasurer. Organizational meetings of the	721
commission shall be held at the time and place designated by call	722
of the chairperson. Meetings of the commission may be held	723
anywhere in the state and shall be in compliance with Chapters	724
121. and 149. of the Revised Code. The commission may adopt,	725
pursuant to section 111.15 of the Revised Code, rules necessary to	726
carry out the purposes of this section.	727

(G) Members of the commission shall serve without	728
remuneration, but shall be compensated for actual and necessary	729
expenses incurred in the performance of their official duties.	730

(H) All expenses incurred in carrying out this section are	731
payable solely from money accrued under this section or	732
appropriated for these purposes by the general assembly, and the	733
commission shall incur no liability or obligation beyond such	734
money.	735

(I) ~~The~~Except as otherwise provided in this division, the	736
commission may accept any payment for the use of the governor's	737
residence or may accept any donation, gift, bequest, or devise for	738
the governor's residence or as an endowment for the maintenance	739
and care of the garden on the grounds of the governor's residence	740
in furtherance of its duties. The commission shall not accept any	741
donation, gift, bequest, or devise from a person, individual, or	742
member of an individual's immediate family if the person or	743
individual is receiving payments under a contract with the state	744
or a state agency for the purchase of supplies, services, or	745
equipment or for the construction, reconstruction, improvement,	746
enlargement, alteration, repair, painting, or decoration of a	747
public improvement, except for payments received under an	748
employment contract or a collective bargaining agreement. Any	749
revenue received by the commission shall be deposited into the	750
governor's residence fund, which is hereby established in the	751
state treasury, for use by the commission in accordance with the	752
performance of its duties. All investment earnings of the fund	753
shall be credited to the fund. Title to all property acquired by	754
the commission shall be taken in the name of the state and shall	755
be held for the use and benefit of the commission.	756

(J) Nothing in this section limits the ability of a person or	757
other entity to purchase decorations, objects of art, chandeliers,	758
china, silver, statues, paintings, furnishings, accouterments,	759
plants, or other aesthetic materials for placement in the	760
governor's residence or on the grounds of the governor's residence	761
or donation to the commission. No such object or plant, however,	762
shall be placed on the grounds or public areas of the first story	763
of the governor's residence without the consent of the commission.	764

(K) The heritage garden established under this section shall	765
be officially known as "the heritage garden at the Ohio governor's	766
residence."	767

(L) As used in this section, "heritage garden" means the	768
botanical garden of native plants established at the governor's	769
residence.	770

Sec. 109.521. There is hereby created in the state treasury	771
the bureau of criminal identification and investigation asset	772
forfeiture and cost reimbursement fund. All amounts awarded to the	773
bureau of criminal identification and investigation as a result of	774
shared federal asset forfeiture and state and local moneys	775
designated as restitution for reimbursement of the costs of	776
investigations shall be deposited into this fund. The moneys in	777
this fund shall be used in accordance with federal asset	778
forfeiture rules, regulations, and laws. Interest earned on the	779
money in this fund shall be credited to the fund.	780

Sec. 109.57. (A)(1) The superintendent of the bureau of	781
criminal identification and investigation shall procure from	782
wherever procurable and file for record photographs, pictures,	783
descriptions, fingerprints, measurements, and other information	784
that may be pertinent of all persons who have been convicted of	785
committing within this state a felony, any crime constituting a	786
misdemeanor on the first offense and a felony on subsequent	787
offenses, or any misdemeanor described in division (A)(1)(a) or	788
(A)(10)(a) of section 109.572 of the Revised Code, of all children	789
under eighteen years of age who have been adjudicated delinquent	790
children for committing within this state an act that would be a	791
felony or an offense of violence if committed by an adult or who	792
have been convicted of or pleaded guilty to committing within this	793
state a felony or an offense of violence, and of all well-known	794
and habitual criminals. The person in charge of any county,	795
multicounty, municipal, municipal-county, or multicounty-municipal	796
jail or workhouse, community-based correctional facility, halfway	797
house, alternative residential facility, or state correctional	798
institution and the person in charge of any state institution	799
having custody of a person suspected of having committed a felony,	800
any crime constituting a misdemeanor on the first offense and a	801
felony on subsequent offenses, or any misdemeanor described in	802
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	803
Code or having custody of a child under eighteen years of age with	804
respect to whom there is probable cause to believe that the child	805
may have committed an act that would be a felony or an offense of	806
violence if committed by an adult shall furnish such material to	807
the superintendent of the bureau. Fingerprints, photographs, or	808
other descriptive information of a child who is under eighteen	809
years of age, has not been arrested or otherwise taken into	810
custody for committing an act that would be a felony or an offense	811
of violence if committed by an adult, has not been adjudicated a	812
delinquent child for committing an act that would be a felony or	813
an offense of violence if committed by an adult, has not been	814
convicted of or pleaded guilty to committing a felony or an	815
offense of violence, and is not a child with respect to whom there	816
is probable cause to believe that the child may have committed an	817
act that would be a felony or an offense of violence if committed	818
by an adult shall not be procured by the superintendent or	819
furnished by any person in charge of any county, multicounty,	820
municipal, municipal-county, or multicounty-municipal jail or	821
workhouse, community-based correctional facility, halfway house,	822
alternative residential facility, or state correctional	823
institution, except as authorized in section 2151.313 of the	824
Revised Code.	825

(2) Every clerk of a court of record in this state, other	826
than the supreme court or a court of appeals, shall send to the	827
superintendent of the bureau a weekly report containing a summary	828
of each case involving a felony, involving any crime constituting	829
a misdemeanor on the first offense and a felony on subsequent	830
offenses, involving a misdemeanor described in division (A)(1)(a)	831
or (A)(10)(a) of section 109.572 of the Revised Code, or involving	832
an adjudication in a case in which a child under eighteen years of	833
age was alleged to be a delinquent child for committing an act	834
that would be a felony or an offense of violence if committed by	835
an adult. The clerk of the court of common pleas shall include in	836
the report and summary the clerk sends under this division all	837
information described in divisions (A)(2)(a) to (f) of this	838
section regarding a case before the court of appeals that is	839
served by that clerk. The summary shall be written on the standard	840
forms furnished by the superintendent pursuant to division (B) of	841
this section and shall include the following information:	842

(a) The incident tracking number contained on the standard	843
forms furnished by the superintendent pursuant to division (B) of	844
this section;	845

(b) The style and number of the case;

846

847

(d) The date that the person was convicted of or pleaded	848
guilty to the offense, adjudicated a delinquent child for	849
committing the act that would be a felony or an offense of	850
violence if committed by an adult, found not guilty of the	851
offense, or found not to be a delinquent child for committing an	852
act that would be a felony or an offense of violence if committed	853
by an adult, the date of an entry dismissing the charge, an entry	854
declaring a mistrial of the offense in which the person is	855
discharged, an entry finding that the person or child is not	856
competent to stand trial, or an entry of a nolle prosequi, or the	857
date of any other determination that constitutes final resolution	858
of the case;	859

(e) A statement of the original charge with the section of	860
the Revised Code that was alleged to be violated;	861

(f) If the person or child was convicted, pleaded guilty, or	862
was adjudicated a delinquent child, the sentence or terms of	863
probation imposed or any other disposition of the offender or the	864
delinquent child.	865

If the offense involved the disarming of a law enforcement	866
officer or an attempt to disarm a law enforcement officer, the	867
clerk shall clearly state that fact in the summary, and the	868
superintendent shall ensure that a clear statement of that fact is	869
placed in the bureau's records.	870

(3) The superintendent shall cooperate with and assist	871
sheriffs, chiefs of police, and other law enforcement officers in	872
the establishment of a complete system of criminal identification	873
and in obtaining fingerprints and other means of identification of	874
all persons arrested on a charge of a felony, any crime	875
constituting a misdemeanor on the first offense and a felony on	876
subsequent offenses, or a misdemeanor described in division	877
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and	878
of all children under eighteen years of age arrested or otherwise	879
taken into custody for committing an act that would be a felony or	880
an offense of violence if committed by an adult. The	881
superintendent also shall file for record the fingerprint	882
impressions of all persons confined in a county, multicounty,	883
municipal, municipal-county, or multicounty-municipal jail or	884
workhouse, community-based correctional facility, halfway house,	885
alternative residential facility, or state correctional	886
institution for the violation of state laws and of all children	887
under eighteen years of age who are confined in a county,	888
multicounty, municipal, municipal-county, or multicounty-municipal	889
jail or workhouse, community-based correctional facility, halfway	890
house, alternative residential facility, or state correctional	891
institution or in any facility for delinquent children for	892
committing an act that would be a felony or an offense of violence	893
if committed by an adult, and any other information that the	894
superintendent may receive from law enforcement officials of the	895
state and its political subdivisions.	896

(4) The superintendent shall carry out Chapter 2950. of the	897
Revised Code with respect to the registration of persons who are	898
convicted of or plead guilty to either a sexually oriented offense	899
that is not a registration-exempt sexually oriented offense or a	900
child-victim oriented offense and with respect to all other duties	901
imposed on the bureau under that chapter.	902

(5) The bureau shall perform centralized recordkeeping	903
functions for criminal history records and services in this state	904
for purposes of the national crime prevention and privacy compact	905
set forth in section 109.571 of the Revised Code and is the	906
criminal history record repository as defined in that section for	907
purposes of that compact. The superintendent or the	908
superintendent's designee is the compact officer for purposes of	909
that compact and shall carry out the responsibilities of the	910
compact officer specified in that compact.	911

(B) The superintendent shall prepare and furnish to every	912
county, multicounty, municipal, municipal-county, or	913
multicounty-municipal jail or workhouse, community-based	914
correctional facility, halfway house, alternative residential	915
facility, or state correctional institution and to every clerk of	916
a court in this state specified in division (A)(2) of this section	917
standard forms for reporting the information required under	918
division (A) of this section. The standard forms that the	919
superintendent prepares pursuant to this division may be in a	920
tangible format, in an electronic format, or in both tangible	921
formats and electronic formats.	922

(C) The superintendent may operate a center for electronic,	923
automated, or other data processing for the storage and retrieval	924
of information, data, and statistics pertaining to criminals and	925
to children under eighteen years of age who are adjudicated	926
delinquent children for committing an act that would be a felony	927
or an offense of violence if committed by an adult, criminal	928
activity, crime prevention, law enforcement, and criminal justice,	929
and may establish and operate a statewide communications network	930
to gather and disseminate information, data, and statistics for	931
the use of law enforcement agencies. The superintendent may	932
gather, store, retrieve, and disseminate information, data, and	933
statistics that pertain to children who are under eighteen years	934
of age and that are gathered pursuant to sections 109.57 to 109.61	935
of the Revised Code together with information, data, and	936
statistics that pertain to adults and that are gathered pursuant	937
to those sections. In addition to any other authorized use of	938
information, data, and statistics of that nature, the	939
superintendent or the superintendent's designee may provide and	940
exchange the information, data, and statistics pursuant to the	941
national crime prevention and privacy compact as described in	942
division (A)(5) of this section.	943

(D) The information and materials furnished to the	944
superintendent pursuant to division (A) of this section and	945
information and materials furnished to any board or person under	946
division (F) or (G) of this section are not public records under	947
section 149.43 of the Revised Code.	948

(E) The attorney general shall adopt rules, in accordance	949
with Chapter 119. of the Revised Code, setting forth the procedure	950
by which a person may receive or release information gathered by	951
the superintendent pursuant to division (A) of this section. A	952
reasonable fee may be charged for this service. If a temporary	953
employment service submits a request for a determination of	954
whether a person the service plans to refer to an employment	955
position has been convicted of or pleaded guilty to an offense	956
listed in division (A)(1), (3), (4), (5), or (6) of section	957
109.572 of the Revised Code, the request shall be treated as a	958
single request and only one fee shall be charged.	959

(F)(1) As used in division (F)(2) of this section, "head	960
start agency" means an entity in this state that has been approved	961
to be an agency for purposes of subchapter II of the "Community	962
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	963
as amended.	964

(2)(a) In addition to or in conjunction with any request that	965
is required to be made under section 109.572, 2151.86, 3301.32, or	966
3301.541, division (C) of section 3310.58, or section 3319.39,	967
3701.881, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	968
5153.111 of the Revised Code, the board of education of any school	969
district; the director of mental retardation and developmental	970
disabilities; any county board of mental retardation and	971
developmental disabilities; any entity under contract with a	972
county board of mental retardation and developmental disabilities;	973
the chief administrator of any chartered nonpublic school; the	974
chief administrator of a registered private provider that is not	975
also a chartered nonpublic school; the chief administrator of any	976
home health agency; the chief administrator of or person operating	977
any child day-care center, type A family day-care home, or type B	978
family day-care home licensed or certified under Chapter 5104. of	979
the Revised Code; the administrator of any type C family day-care	980
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	981
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	982
general assembly; the chief administrator of any head start	983
agency; or the executive director of a public children services	984
agency may request that the superintendent of the bureau	985
investigate and determine, with respect to any individual who has	986
applied for employment in any position after October 2, 1989, or	987
any individual wishing to apply for employment with a board of	988
education may request, with regard to the individual, whether the	989
bureau has any information gathered under division (A) of this	990
section that pertains to that individual. On receipt of the	991
request, the superintendent shall determine whether that	992
information exists and, upon request of the person, board, or	993
entity requesting information, also shall request from the federal	994
bureau of investigation any criminal records it has pertaining to	995
that individual. The superintendent or the superintendent's	996
designee also may request criminal history records from other	997
states or the federal government pursuant to the national crime	998
prevention and privacy compact set forth in section 109.571 of the	999
Revised Code. Within thirty days of the date that the	1000
superintendent receives a request, the superintendent shall send	1001
to the board, entity, or person a report of any information that	1002
the superintendent determines exists, including information	1003
contained in records that have been sealed under section 2953.32	1004
of the Revised Code, and, within thirty days of its receipt, shall	1005
send the board, entity, or person a report of any information	1006
received from the federal bureau of investigation, other than	1007
information the dissemination of which is prohibited by federal	1008
law.	1009

(b) When a board of education or a registered private	1010
provider is required to receive information under this section as	1011
a prerequisite to employment of an individual pursuant to division	1012
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	1013
may accept a certified copy of records that were issued by the	1014
bureau of criminal identification and investigation and that are	1015
presented by an individual applying for employment with the	1016
district in lieu of requesting that information itself. In such a	1017
case, the board or provider shall accept the certified copy issued	1018
by the bureau in order to make a photocopy of it for that	1019
individual's employment application documents and shall return the	1020
certified copy to the individual. In a case of that nature, a	1021
district or provider only shall accept a certified copy of records	1022
of that nature within one year after the date of their issuance by	1023
the bureau.	1024

(3) The state board of education may request, with respect to	1025
any individual who has applied for employment after October 2,	1026
1989, in any position with the state board or the department of	1027
education, any information that a school district board of	1028
education is authorized to request under division (F)(2) of this	1029
section, and the superintendent of the bureau shall proceed as if	1030
the request has been received from a school district board of	1031
education under division (F)(2) of this section.	1032

(4) When the superintendent of the bureau receives a request	1033
for information under section 3319.291 of the Revised Code, the	1034
superintendent shall proceed as if the request has been received	1035
from a school district board of education under division (F)(2) of	1036
this section.	1037

(5) When a recipient of a classroom reading improvement grant	1038
paid under section 3301.86 of the Revised Code requests, with	1039
respect to any individual who applies to participate in providing	1040
any program or service funded in whole or in part by the grant,	1041
the information that a school district board of education is	1042
authorized to request under division (F)(2)(a) of this section,	1043
the superintendent of the bureau shall proceed as if the request	1044
has been received from a school district board of education under	1045
division (F)(2)(a) of this section.	1046

(G) In addition to or in conjunction with any request that is	1047
required to be made under section 3701.881, 3712.09, 3721.121, or	1048
3722.151 of the Revised Code with respect to an individual who has	1049
applied for employment in a position that involves providing	1050
direct care to an older adult, the chief administrator of a home	1051
health agency, hospice care program, home licensed under Chapter	1052
3721. of the Revised Code, adult day-care program operated	1053
pursuant to rules adopted under section 3721.04 of the Revised	1054
Code, or adult care facility may request that the superintendent	1055
of the bureau investigate and determine, with respect to any	1056
individual who has applied after January 27, 1997, for employment	1057
in a position that does not involve providing direct care to an	1058
older adult, whether the bureau has any information gathered under	1059
division (A) of this section that pertains to that individual.	1060

In addition to or in conjunction with any request that is	1061
required to be made under section 173.27 of the Revised Code with	1062
respect to an individual who has applied for employment in a	1063
position that involves providing ombudsperson services to	1064
residents of long-term care facilities or recipients of	1065
community-based long-term care services, the state long-term care	1066
ombudsperson, ombudsperson's designee, or director of health may	1067
request that the superintendent investigate and determine, with	1068
respect to any individual who has applied for employment in a	1069
position that does not involve providing such ombudsperson	1070
services, whether the bureau has any information gathered under	1071
division (A) of this section that pertains to that applicant.	1072

In addition to or in conjunction with any request that is	1073
required to be made under section 173.394 of the Revised Code with	1074
respect to an individual who has applied for employment in a	1075
position that involves providing direct care to an individual, the	1076
chief administrator of a community-based long-term care agency may	1077
request that the superintendent investigate and determine, with	1078
respect to any individual who has applied for employment in a	1079
position that does not involve providing direct care, whether the	1080
bureau has any information gathered under division (A) of this	1081
section that pertains to that applicant.	1082

On receipt of a request under this division, the	1083
superintendent shall determine whether that information exists	1084
and, on request of the individual requesting information, shall	1085
also request from the federal bureau of investigation any criminal	1086
records it has pertaining to the applicant. The superintendent or	1087
the superintendent's designee also may request criminal history	1088
records from other states or the federal government pursuant to	1089
the national crime prevention and privacy compact set forth in	1090
section 109.571 of the Revised Code. Within thirty days of the	1091
date a request is received, the superintendent shall send to the	1092
requester a report of any information determined to exist,	1093
including information contained in records that have been sealed	1094
under section 2953.32 of the Revised Code, and, within thirty days	1095
of its receipt, shall send the requester a report of any	1096
information received from the federal bureau of investigation,	1097
other than information the dissemination of which is prohibited by	1098
federal law.	1099

(H) Information obtained by a government entity or person	1100
under this section is confidential and shall not be released or	1101
disseminated.	1102

(I) The superintendent may charge a reasonable fee for	1103
providing information or criminal records under division (F)(2) or	1104
(G) of this section.	1105

(J) As used in this section, "registered private provider"	1106
means a nonpublic school or entity registered with the	1107
superintendent of public instruction under section 3310.41 of the	1108
Revised Code to participate in the autism scholarship program or	1109
section 3310.58 of the Revised Code to participate in the special	1110
education scholarship pilot program.	1111

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	1112
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013	1113
of the Revised Code, a completed form prescribed pursuant to	1114
division (C)(1) of this section, and a set of fingerprint	1115
impressions obtained in the manner described in division (C)(2) of	1116
this section, the superintendent of the bureau of criminal	1117
identification and investigation shall conduct a criminal records	1118
check in the manner described in division (B) of this section to	1119
determine whether any information exists that indicates that the	1120
person who is the subject of the request previously has been	1121
convicted of or pleaded guilty to any of the following:	1122

(a) A violation of section 2903.01, 2903.02, 2903.03,	1123
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1124
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1125
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1126
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1127
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1128
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1129
2925.06, or 3716.11 of the Revised Code, felonious sexual	1130
penetration in violation of former section 2907.12 of the Revised	1131
Code, a violation of section 2905.04 of the Revised Code as it	1132
existed prior to July 1, 1996, a violation of section 2919.23 of	1133
the Revised Code that would have been a violation of section	1134
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1135
had the violation been committed prior to that date, or a	1136
violation of section 2925.11 of the Revised Code that is not a	1137
minor drug possession offense;	1138

(b) A violation of an existing or former law of this state,	1139
any other state, or the United States that is substantially	1140
equivalent to any of the offenses listed in division (A)(1)(a) of	1141
this section.	1142

(2) On receipt of a request pursuant to section 5123.081 of	1143
the Revised Code with respect to an applicant for employment in	1144
any position with the department of mental retardation and	1145
developmental disabilities, pursuant to section 5126.28 of the	1146
Revised Code with respect to an applicant for employment in any	1147
position with a county board of mental retardation and	1148
developmental disabilities, or pursuant to section 5126.281 of the	1149
Revised Code with respect to an applicant for employment in a	1150
direct services position with an entity contracting with a county	1151
board for employment, a completed form prescribed pursuant to	1152
division (C)(1) of this section, and a set of fingerprint	1153
impressions obtained in the manner described in division (C)(2) of	1154
this section, the superintendent of the bureau of criminal	1155
identification and investigation shall conduct a criminal records	1156
check. The superintendent shall conduct the criminal records check	1157
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 has been convicted of or	1160
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
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	1164
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	1165
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1166
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	1167
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	1168
2925.03, or 3716.11 of the Revised Code;	1169

(b) An existing or former municipal ordinance or law of this	1170
state, any other state, or the United States that is substantially	1171
equivalent to any of the offenses listed in division (A)(2)(a) of	1172
this section.	1173

(3) On receipt of a request pursuant to section 173.27,	1174
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	1175
completed form prescribed pursuant to division (C)(1) of this	1176
section, and a set of fingerprint impressions obtained in the	1177
manner described in division (C)(2) of this section, the	1178
superintendent of the bureau of criminal identification and	1179
investigation shall conduct a criminal records check with respect	1180
to any person who has applied for employment in a position for	1181
which a criminal records check is required by those sections. The	1182
superintendent shall conduct the criminal records check in the	1183
manner described in division (B) of this section to determine	1184
whether any information exists that indicates that the person who	1185
is the subject of the request previously has been convicted of or	1186
pleaded guilty to any of the following:	1187

(a) A violation of section 2903.01, 2903.02, 2903.03,	1188
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1189
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1190
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1191
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1192
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1193
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1194
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1195
2925.22, 2925.23, or 3716.11 of the Revised Code;	1196

(b) An existing or former law of this state, any other state,	1197
or the United States that is substantially equivalent to any of	1198
the offenses listed in division (A)(3)(a) of this section.	1199

(4) On receipt of a request pursuant to section 3701.881 of	1200
the Revised Code with respect to an applicant for employment with	1201
a home health agency as a person responsible for the care,	1202
custody, or control of a child, a completed form prescribed	1203
pursuant to division (C)(1) of this section, and a set of	1204
fingerprint impressions obtained in the manner described in	1205
division (C)(2) of this section, the superintendent of the bureau	1206
of criminal identification and investigation shall conduct a	1207
criminal records check. The superintendent shall conduct the	1208
criminal records check in the manner described in division (B) of	1209
this section to determine whether any information exists that	1210
indicates that the person who is the subject of the request	1211
previously has been convicted of or pleaded guilty to any of the	1212
following:	1213

(a) A violation of section 2903.01, 2903.02, 2903.03,	1214
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1215
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	1216
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1217
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1218
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1219
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1220
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	1221
violation of section 2925.11 of the Revised Code that is not a	1222
minor drug possession offense;	1223

(b) An existing or former law of this state, any other state,	1224
or the United States that is substantially equivalent to any of	1225
the offenses listed in division (A)(4)(a) of this section.	1226

(5) On receipt of a request pursuant to section ~~5111.95 or~~	1227
~~5111.96~~5111.032, 5111.033, or 5111.034 of the Revised Code ~~with~~	1228
~~respect to an applicant for employment with a waiver agency~~	1229
~~participating in a department of job and family services~~	1230
~~administered home and community-based waiver program or an~~	1231
~~independent provider participating in a department administered~~	1232
~~home and community-based waiver program in a position that~~	1233
~~involves providing home and community-based waiver services to~~	1234
~~consumers with disabilities~~, a completed form prescribed pursuant	1235
to division (C)(1) of this section, and a set of fingerprint	1236
impressions obtained in the manner described in division (C)(2) of	1237
this section, the superintendent of the bureau of criminal	1238
identification and investigation shall conduct a criminal records	1239
check. The superintendent shall conduct the criminal records check	1240
in the manner described in division (B) of this section to	1241
determine whether any information exists that indicates that the	1242
person who is the subject of the request previously has been	1243
convicted of or, has pleaded guilty to, or has been found eligible	1244
for intervention in lieu of conviction for any of the following:	1245

(a) A violation of section 2903.01, 2903.02, 2903.03,	1246
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	1247
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	1248
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1249
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	1250
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	1251
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	1252
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	1253
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	1254
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	1255
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	1256
3716.11 of the Revised Code, felonious sexual penetration in	1257
violation of former section 2907.12 of the Revised Code, a	1258
violation of section 2905.04 of the Revised Code as it existed	1259
prior to July 1, 1996, a violation of section 2919.23 of the	1260
Revised Code that would have been a violation of section 2905.04	1261
of the Revised Code as it existed prior to July 1, 1996, had the	1262
violation been committed prior to that date;	1263

(b) An existing or former law of this state, any other state,	1264
or the United States that is substantially equivalent to any of	1265
the offenses listed in division (A)(5)(a) of this section.	1266

(6) On receipt of a request pursuant to section 3701.881 of	1267
the Revised Code with respect to an applicant for employment with	1268
a home health agency in a position that involves providing direct	1269
care to an older adult, a completed form prescribed pursuant to	1270
division (C)(1) of this section, and a set of fingerprint	1271
impressions obtained in the manner described in division (C)(2) of	1272
this section, the superintendent of the bureau of criminal	1273
identification and investigation shall conduct a criminal records	1274
check. The superintendent shall conduct the criminal records check	1275
in the manner described in division (B) of this section to	1276
determine whether any information exists that indicates that the	1277
person who is the subject of the request previously has been	1278
convicted of or pleaded guilty to any of the following:	1279

(a) A violation of section 2903.01, 2903.02, 2903.03,	1280
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1281
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1282
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1283
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1284
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1285
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1286
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1287
2925.22, 2925.23, or 3716.11 of the Revised Code;	1288

(b) An existing or former law of this state, any other state,	1289
or the United States that is substantially equivalent to any of	1290
the offenses listed in division (A)(6)(a) of this section.	1291

(7) When conducting a criminal records check upon a request	1292
pursuant to section 3319.39 of the Revised Code for an applicant	1293
who is a teacher, in addition to the determination made under	1294
division (A)(1) of this section, the superintendent shall	1295
determine whether any information exists that indicates that the	1296
person who is the subject of the request previously has been	1297
convicted of or pleaded guilty to any offense specified in section	1298
3319.31 of the Revised Code.	1299

(8) On a request pursuant to section 2151.86 of the Revised	1300
Code, a completed form prescribed pursuant to division (C)(1) of	1301
this section, and a set of fingerprint impressions obtained in the	1302
manner described in division (C)(2) of this section, the	1303
superintendent of the bureau of criminal identification and	1304
investigation shall conduct a criminal records check in the manner	1305
described in division (B) of this section to determine whether any	1306
information exists that indicates that the person who is the	1307
subject of the request previously has been convicted of or pleaded	1308
guilty to any of the following:	1309

(a) A violation of section 2903.01, 2903.02, 2903.03,	1310
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1311
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1312
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1313
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1314
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1315
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1316
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	1317
violation of section 2905.04 of the Revised Code as it existed	1318
prior to July 1, 1996, a violation of section 2919.23 of the	1319
Revised Code that would have been a violation of section 2905.04	1320
of the Revised Code as it existed prior to July 1, 1996, had the	1321
violation been committed prior to that date, a violation of	1322
section 2925.11 of the Revised Code that is not a minor drug	1323
possession offense, or felonious sexual penetration in violation	1324
of former section 2907.12 of the Revised Code;	1325

(b) A violation of an existing or former law of this state,	1326
any other state, or the United States that is substantially	1327
equivalent to any of the offenses listed in division (A)(8)(a) of	1328
this section.	1329

(9) When conducting a criminal records check on a request	1330
pursuant to section 5104.013 of the Revised Code for a person who	1331
is an owner, licensee, or administrator of a child day-care center	1332
or type A family day-care home, an authorized provider of a	1333
certified type B family day-care home, or an adult residing in a	1334
type A or certified type B home, or when conducting a criminal	1335
records check or a request pursuant to section 5104.012 of the	1336
Revised Code for a person who is an applicant for employment in a	1337
center, type A home, or certified type B home, the superintendent,	1338
in addition to the determination made under division (A)(1) of	1339
this section, shall determine whether any information exists that	1340
indicates that the person has been convicted of or pleaded guilty	1341
to any of the following:	1342

(a) A violation of section 2913.02, 2913.03, 2913.04,	1343
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1344
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	1345
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	1346
2921.13, or 2923.01 of the Revised Code, a violation of section	1347
2923.02 or 2923.03 of the Revised Code that relates to a crime	1348
specified in this division or division (A)(1)(a) of this section,	1349
or a second violation of section 4511.19 of the Revised Code	1350
within five years of the date of application for licensure or	1351
certification.	1352

(b) A violation of an existing or former law of this state,	1353
any other state, or the United States that is substantially	1354
equivalent to any of the offenses or violations described in	1355
division (A)(9)(a) of this section.	1356

(10) Upon receipt of a request pursuant to section 5153.111	1357
of the Revised Code, a completed form prescribed pursuant to	1358
division (C)(1) of this section, and a set of fingerprint	1359
impressions obtained in the manner described in division (C)(2) of	1360
this section, the superintendent of the bureau of criminal	1361
identification and investigation shall conduct a criminal records	1362
check in the manner described in division (B) of this section to	1363
determine whether any information exists that indicates that the	1364
person who is the subject of the request previously has been	1365
convicted of or pleaded guilty to any of the following:	1366

(a) A violation of section 2903.01, 2903.02, 2903.03,	1367
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1368
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1369
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1370
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1371
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1372
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1373
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	1374
felonious sexual penetration in violation of former section	1375
2907.12 of the Revised Code, a violation of section 2905.04 of the	1376
Revised Code as it existed prior to July 1, 1996, a violation of	1377
section 2919.23 of the Revised Code that would have been a	1378
violation of section 2905.04 of the Revised Code as it existed	1379
prior to July 1, 1996, had the violation been committed prior to	1380
that date, or a violation of section 2925.11 of the Revised Code	1381
that is not a minor drug possession offense;	1382

(b) A violation of an existing or former law of this state,	1383
any other state, or the United States that is substantially	1384
equivalent to any of the offenses listed in division (A)(10)(a) of	1385
this section.	1386

(11) On receipt of a request for a criminal records check	1387
from an individual pursuant to section 4749.03 or 4749.06 of the	1388
Revised Code, accompanied by a completed copy of the form	1389
prescribed in division (C)(1) of this section and a set of	1390
fingerprint impressions obtained in a manner described in division	1391
(C)(2) of this section, the superintendent of the bureau of	1392
criminal identification and investigation shall conduct a criminal	1393
records check in the manner described in division (B) of this	1394
section to determine whether any information exists indicating	1395
that the person who is the subject of the request has been	1396
convicted of or pleaded guilty to a felony in this state or in any	1397
other state. If the individual indicates that a firearm will be	1398
carried in the course of business, the superintendent shall	1399
require information from the federal bureau of investigation as	1400
described in division (B)(2) of this section. The superintendent	1401
shall report the findings of the criminal records check and any	1402
information the federal bureau of investigation provides to the	1403
director of public safety.	1404

(12) On receipt of a request pursuant to section 1322.03,	1405
1322.031, or 4763.05 of the Revised Code, a completed form	1406
prescribed pursuant to division (C)(1) of this section, and a set	1407
of fingerprint impressions obtained in the manner described in	1408
division (C)(2) of this section, the superintendent of the bureau	1409
of criminal identification and investigation shall conduct a	1410
criminal records check with respect to any person who has applied	1411
for a license, permit, or certification from the department of	1412
commerce or a division in the department. The superintendent shall	1413
conduct the criminal records check in the manner described in	1414
division (B) of this section to determine whether any information	1415
exists that indicates that the person who is the subject of the	1416
request previously has been convicted of or pleaded guilty to any	1417
of the following: a violation of section 2913.02, 2913.11,	1418
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	1419
criminal offense involving theft, receiving stolen property,	1420
embezzlement, forgery, fraud, passing bad checks, money	1421
laundering, or drug trafficking, or any criminal offense involving	1422
money or securities, as set forth in Chapters 2909., 2911., 2913.,	1423
2915., 2921., 2923., and 2925. of the Revised Code; or any	1424
existing or former law of this state, any other state, or the	1425
United States that is substantially equivalent to those offenses.	1426

(13) Not later than thirty days after the date the	1427
superintendent receives the request, completed form, and	1428
fingerprint impressions, the superintendent shall send the person,	1429
board, or entity that made the request any information, other than	1430
information the dissemination of which is prohibited by federal	1431
law, the superintendent determines exists with respect to the	1432
person who is the subject of the request that indicates that the	1433
person previously has been convicted of or pleaded guilty to any	1434
offense listed or described in division (A)(1), (2), (3), (4),	1435
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	1436
appropriate. The superintendent shall send the person, board, or	1437
entity that made the request a copy of the list of offenses	1438
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	1439
(9), (10), (11), or (12) of this section, as appropriate. If the	1440
request was made under section 3701.881 of the Revised Code with	1441
regard to an applicant who may be both responsible for the care,	1442
custody, or control of a child and involved in providing direct	1443
care to an older adult, the superintendent shall provide a list of	1444
the offenses specified in divisions (A)(4) and (6) of this	1445
section.	1446

(B) The superintendent shall conduct any criminal records	1447
check requested under section 121.08, 173.27, 173.394, 1322.03,	1448
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	1449
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	1450
~~5111.95, 5111.96~~5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1451
5126.281, or 5153.111 of the Revised Code as follows:	1452

(1) The superintendent shall review or cause to be reviewed	1453
any relevant information gathered and compiled by the bureau under	1454
division (A) of section 109.57 of the Revised Code that relates to	1455
the person who is the subject of the request, including any	1456
relevant information contained in records that have been sealed	1457
under section 2953.32 of the Revised Code;	1458

(2) If the request received by the superintendent asks for	1459
information from the federal bureau of investigation, the	1460
superintendent shall request from the federal bureau of	1461
investigation any information it has with respect to the person	1462
who is the subject of the request and shall review or cause to be	1463
reviewed any information the superintendent receives from that	1464
bureau.	1465

(3) The superintendent or the superintendent's designee may	1466
request criminal history records from other states or the federal	1467
government pursuant to the national crime prevention and privacy	1468
compact set forth in section 109.571 of the Revised Code.	1469

(C)(1) The superintendent shall prescribe a form to obtain	1470
the information necessary to conduct a criminal records check from	1471
any person for whom a criminal records check is required by	1472
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	1473
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1474
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, ~~5111.95, 5111.96~~	1475
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1476
5153.111 of the Revised Code. The form that the superintendent	1477
prescribes pursuant to this division may be in a tangible format,	1478
in an electronic format, or in both tangible and electronic	1479
formats.	1480

(2) The superintendent shall prescribe standard impression	1481
sheets to obtain the fingerprint impressions of any person for	1482
whom a criminal records check is required by section 121.08,	1483
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	1484
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	1485
4763.05, 5104.012, 5104.013, ~~5111.95, 5111.96~~5111.032, 5111.033,	1486
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	1487
Code. Any person for whom a records check is required by any of	1488
those sections shall obtain the fingerprint impressions at a	1489
county sheriff's office, municipal police department, or any other	1490
entity with the ability to make fingerprint impressions on the	1491
standard impression sheets prescribed by the superintendent. The	1492
office, department, or entity may charge the person a reasonable	1493
fee for making the impressions. The standard impression sheets the	1494
superintendent prescribes pursuant to this division may be in a	1495
tangible format, in an electronic format, or in both tangible and	1496
electronic formats.	1497

(3) Subject to division (D) of this section, the	1498
superintendent shall prescribe and charge a reasonable fee for	1499
providing a criminal records check requested under section 121.08,	1500
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	1501
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	1502
4763.05, 5104.012, 5104.013, ~~5111.95, 5111.96~~5111.032, 5111.033,	1503
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	1504
Code. The person making a criminal records request under section	1505
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	1506
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03,	1507
4749.06, 4763.05, 5104.012, 5104.013, ~~5111.95, 5111.96,~~5111.033,	1508
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	1509
Code shall pay the fee prescribed pursuant to this division. A	1510
person making a request under section 3701.881 of the Revised Code	1511
for a criminal records check for an applicant who may be both	1512
responsible for the care, custody, or control of a child and	1513
involved in providing direct care to an older adult shall pay one	1514
fee for the request. In the case of a request under section	1515
5111.032 of the Revised Code, the fee shall be paid in the manner	1516
specified in that section.	1517

(4) The superintendent of the bureau of criminal	1518
identification and investigation may prescribe methods of	1519
forwarding fingerprint impressions and information necessary to	1520
conduct a criminal records check, which methods shall include, but	1521
not be limited to, an electronic method.	1522

(D) A determination whether any information exists that	1523
indicates that a person previously has been convicted of or	1524
pleaded guilty to any offense listed or described in division	1525
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1526
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	1527
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this section	1528
that is made by the superintendent with respect to information	1529
considered in a criminal records check in accordance with this	1530
section is valid for the person who is the subject of the criminal	1531
records check for a period of one year from the date upon which	1532
the superintendent makes the determination. During the period in	1533
which the determination in regard to a person is valid, if another	1534
request under this section is made for a criminal records check	1535
for that person, the superintendent shall provide the information	1536
that is the basis for the superintendent's initial determination	1537
at a lower fee than the fee prescribed for the initial criminal	1538
records check.	1539

(E) When the superintendent receives a request for	1540
information from a registered private provider, the superintendent	1541
shall proceed as if the request has been received from a school	1542
district board of education under section 3319.39 of the Revised	1543
Code. The superintendent shall apply division (A)(7) of this	1544
section to any such request for an applicant who is a teacher.	1545

(F) As used in this section:

1546

(1) "Criminal records check" means any criminal records check	1547
conducted by the superintendent of the bureau of criminal	1548
identification and investigation in accordance with division (B)	1549
of this section.	1550

(2) ~~"Home and community-based waiver services" and "waiver~~	1551
~~agency" have the same meanings as in section 5111.95 of the~~	1552
~~Revised Code.~~	1553

~~(3) "Independent provider" has the same meaning as in section~~	1554
~~5111.96 of the Revised Code.~~	1555

~~(4)~~ "Minor drug possession offense" has the same meaning as	1556
in section 2925.01 of the Revised Code.	1557

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

1558

(4) "Registered private provider" means a nonpublic school or	1559
entity registered with the superintendent of public instruction	1560
under section 3310.41 of the Revised Code to participate in the	1561
autism scholarship program or section 3310.58 of the Revised Code	1562
to participate in the special education scholarship pilot program.	1563

Sec. 109.93. The attorney general education fund is hereby	1564
created in the ~~custody of the treasurer of~~ state treasury. The	1565
fund shall consist of gifts and grants received by the attorney	1566
general for the purposes of the fund. The fund shall be	1567
administered by the attorney general and shall be used to support	1568
various educational programs. These educational programs may	1569
include programs for consumer protection, victims of crime,	1570
environmental protection, drug abuse, child abuse, peace officer	1571
training, crime prevention, and law. The fund may also be used to	1572
pay costs associated with the solicitation of gifts and grants for	1573
the purposes of the fund, and the costs of administering the fund.	1574
The fund shall not be used to replace money spent by local	1575
programs for similar purposes.	1576

Sec. 111.18. (A) The secretary of state shall keep a record	1577
of all fees collected by the secretary of state and, subject to	1578
division (B) of section 1309.528 of the Revised Code and except as	1579
otherwise provided in the Revised Code, shall pay them into the	1580
state treasury to the credit of the corporate and uniform	1581
commercial code filing fund created by section 1309.528 of the	1582
Revised Code.	1583

(B) The secretary of state may implement alternative payment	1584
programs that permit payment of any fee charged by the secretary	1585
of state by means other than cash, check, money order, or credit	1586
card; an alternative payment program may include, but is not	1587
limited to, one that permits a fee to be paid by electronic means	1588
of transmission. Fees paid under an alternative payment program	1589
shall be deposited to the credit of the secretary of state	1590
alternative payment program fund, which is hereby created~~. The~~	1591
~~secretary of state alternative payment program fund shall be~~ in	1592
the ~~custody of the treasurer of state but shall not be part of the~~	1593
state treasury. Any investment income of the secretary of state	1594
alternative payment program fund shall be credited to that fund	1595
and used to operate the alternative payment program. Within two	1596
working days following the deposit of funds to the credit of the	1597
secretary of state alternative payment program fund, the secretary	1598
of state shall pay those funds ~~into the state treasury~~ to the	1599
credit of the corporate and uniform commercial code filing fund,	1600
subject to division (B) of section 1309.401 of the Revised Code	1601
and except as otherwise provided in the Revised Code.	1602

The secretary of state shall adopt rules necessary to carry	1603
out the purposes of this division.	1604

Sec. 117.11. (A) Except as otherwise provided in this	1605
division and in section 117.112 of the Revised Code, the auditor	1606
of state shall audit each public office at least once every two	1607
fiscal years. The auditor of state shall audit a public office	1608
each fiscal year if that public office is required to be audited	1609
on an annual basis pursuant to "The Single Audit Act of 1984," 98	1610
Stat. 2327, 31 U.S.C.A. 7501 et seq., as amended. In the annual or	1611
biennial audit, inquiry shall be made into the methods, accuracy,	1612
and legality of the accounts, financial reports, records, files,	1613
and reports of the office, whether the laws, rules, ordinances,	1614
and orders pertaining to the office have been observed, and	1615
whether the requirements and rules of the auditor of state have	1616
been complied with. Except as otherwise provided in this division	1617
or where auditing standards or procedures dictate otherwise, each	1618
audit shall cover at least one fiscal year. If a public office is	1619
audited only once every two fiscal years, the audit shall cover	1620
both fiscal years.	1621

(B) In addition to the annual or biennial audit provided for	1622
in division (A) of this section, the auditor of state may conduct	1623
an audit of a public office at any time when so requested by the	1624
public office or upon the auditor of state's own initiative if the	1625
auditor of state has reasonable cause to believe that an	1626
additional audit is in the public interest.	1627

(C)(1) The auditor of state shall identify any public office	1628
in which the auditor of state will be unable to conduct an audit	1629
at least once every two fiscal years as required by division (A)	1630
of this section and shall provide immediate written notice to the	1631
clerk of the legislative authority or governing board of the	1632
public office so identified. Within six months of the receipt of	1633
such notice, the legislative authority or governing board may	1634
engage an independent certified public accountant to conduct an	1635
audit pursuant to section 117.12 of the Revised Code.	1636

(2) When the chief fiscal officer of a public office notifies	1637
the auditor of state that an audit is required at a time prior to	1638
the next regularly scheduled audit by the auditor of state, the	1639
auditor of state shall either cause an earlier audit to be made by	1640
the auditor of state or authorize the legislative authority or	1641
governing board of the public office to engage an independent	1642
certified public accountant to conduct the required audit. The	1643
scope of the audit shall be as authorized by the auditor of state.	1644

(3) The auditor of state shall approve the scope of an audit	1645
under division (C)(1) or (2) of this section as set forth in the	1646
contract for the proposed audit before the contract is executed on	1647
behalf of the public office that is to be audited. The independent	1648
accountant conducting an audit under division (C)(1) or (2) of	1649
this section shall be paid by the public office.	1650

(D) If a uniform accounting network is established under	1651
section 117.101 of the Revised Code, the auditor of state or a	1652
certified public accountant employed pursuant to this section or	1653
section 115.56 or 117.112 of the Revised Code shall, to the extent	1654
practicable, utilize services offered by the network in order to	1655
conduct efficient and economical audits of public offices.	1656

(E) The auditor of state shall, in accordance with division	1657
(A)(3) of section 9.65 of the Revised Code and this section, audit	1658
an annuity program for volunteer fire fighters established by a	1659
political subdivision under section 9.65 of the Revised Code. As	1660
used in this section, "volunteer fire fighters" and "political	1661
subdivision" have the same meanings as in division (C) of section	1662
9.65 of the Revised Code.	1663

Sec. 117.112. The auditor of state shall audit the Buckeye	1664
tobacco settlement financing authority each fiscal year in	1665
accordance with this chapter. The auditor may engage an	1666
independent certified public accountant to conduct the audit.	1667

Sec. 119.07. Except when a statute prescribes a notice and	1668
the persons to whom it shall be given, in all cases in which	1669
section 119.06 of the Revised Code requires an agency to afford an	1670
opportunity for a hearing prior to the issuance of an order, the	1671
agency shall give notice to the party informing ~~him~~the party of	1672
~~his~~the party's right to a hearing. Notice shall be given by	1673
registered mail, return receipt requested, and shall include the	1674
charges or other reasons for the proposed action, the law or rule	1675
directly involved, and a statement informing the party that hethe	1676
party is entitled to a hearing if hethe party requests it within	1677
thirty days of the time of mailing the notice. The notice shall	1678
also inform the party that at the hearing hethe party may appear	1679
in person, by ~~his~~the party's attorney, or by such other	1680
representative as is permitted to practice before the agency, or	1681
may present ~~his~~the party's position, arguments, or contentions in	1682
writing and that at the hearing hethe party may present evidence	1683
and examine witnesses appearing for and against ~~him~~the party. A	1684
copy of the notice shall be mailed to attorneys or other	1685
representatives of record representing the party. This paragraph	1686
does not apply to situations in which such section provides for a	1687
hearing only when it is requested by the party.	1688

When a statute specifically permits the suspension of a	1689
license without a prior hearing, notice of the agency's order	1690
shall be sent to the party by registered mail, return receipt	1691
requested, not later than the business day next succeeding such	1692
order. The notice shall state the reasons for the agency's action,	1693
cite the law or rule directly involved, and state that the party	1694
will be afforded a hearing if hethe party requests it within	1695
thirty days of the time of mailing the notice. A copy of the	1696
notice shall be mailed to attorneys or other representatives of	1697
record representing the party.	1698

Whenever a party requests a hearing in accordance with this	1699
section and section 119.06 of the Revised Code, the agency shall	1700
immediately set the date, time, and place for the hearing and	1701
forthwith notify the party thereof. The date set for the hearing	1702
shall be within fifteen days, but not earlier than seven days,	1703
after the party has requested a hearing, unless otherwise agreed	1704
to by both the agency and the party.	1705

When any notice sent by registered mail, as required by	1706
sections 119.01 to 119.13 of the Revised Code, is returned because	1707
~~of failure of delivery~~the party fails to claim the notice, the	1708
agency shall send the notice by ordinary mail to the party at the	1709
party's last known address and shall obtain a certificate of	1710
mailing. Service by ordinary mail is complete when the certificate	1711
of mailing is obtained unless the notice is returned showing	1712
failure of delivery.	1713

If any notice sent by registered or ordinary mail is returned	1714
for failure of delivery, the agency either shall make personal	1715
delivery of the notice by an employee or agent of the agency or	1716
shall cause a summary of the substantive provisions of the notice	1717
to be published once a week for three consecutive weeks in a	1718
newspaper of general circulation in the county where the last	1719
known ~~place of residence or business~~address of the party is	1720
located. When notice is given by publication, a ~~copy of the~~	1721
~~newspaper~~proof of publication affidavit, with the first	1722
publication of the notice ~~marked~~set forth in the affidavit, shall	1723
be mailed by ordinary mail to the party at the party's last known	1724
address and the notice shall be deemed received as of the date of	1725
the last publication. An employee or agent of the agency may make	1726
personal delivery of the notice upon a party at any time.	1727

Refusal of delivery by personal service or by mail is not	1728
failure of delivery and service is deemed to be complete. Failure	1729
of delivery occurs only when a mailed notice is returned by the	1730
postal authorities marked undeliverable, address or addressee	1731
unknown, or forwarding address unknown or expired. A party's last	1732
known address is the mailing address of the party appearing in the	1733
records of the agency.	1734

The failure of an agency to give the notices for any hearing	1735
required by sections 119.01 to 119.13 of the Revised Code in the	1736
manner provided in this section shall invalidate any order entered	1737
pursuant to the hearing.	1738

Sec. 120.33. (A) In lieu of using a county public defender	1739
or joint county public defender to represent indigent persons in	1740
the proceedings set forth in division (A) of section 120.16 of the	1741
Revised Code, the board of county commissioners of any county may	1742
adopt a resolution to pay counsel who are either personally	1743
selected by the indigent person or appointed by the court. The	1744
resolution shall include those provisions the board of county	1745
commissioners considers necessary to provide effective	1746
representation of indigent persons in any proceeding for which	1747
counsel is provided under this section. The resolution shall	1748
include provisions for contracts with any municipal corporation	1749
under which the municipal corporation shall reimburse the county	1750
for counsel appointed to represent indigent persons charged with	1751
violations of the ordinances of the municipal corporation.	1752

(1) In a county that adopts a resolution to pay counsel, an	1753
indigent person shall have the right to do either of the	1754
following:	1755

(a) To select the person's own personal counsel to represent	1756
the person in any proceeding included within the provisions of the	1757
resolution;	1758

(b) To request the court to appoint counsel to represent the	1759
person in such a proceeding.	1760

(2) The court having jurisdiction over the proceeding in a	1761
county that adopts a resolution to pay counsel shall, after	1762
determining that the person is indigent and entitled to legal	1763
representation under this section, do either of the following:	1764

(a) By signed journal entry recorded on its docket, enter the	1765
name of the lawyer selected by the indigent person as counsel of	1766
record;	1767

(b) Appoint counsel for the indigent person if the person has	1768
requested the court to appoint counsel and, by signed journal	1769
entry recorded on its dockets, enter the name of the lawyer	1770
appointed for the indigent person as counsel of record.	1771

(3) The board of county commissioners shall establish a	1772
schedule of fees by case or on an hourly basis to be paid to	1773
counsel for legal services provided pursuant to a resolution	1774
adopted under this section. Prior to establishing the schedule,	1775
the board of county commissioners shall request the bar	1776
association or associations of the county to submit a proposed	1777
schedule. The schedule submitted shall be subject to the review,	1778
amendment, and approval of the board of county commissioners.	1779

(4) Counsel selected by the indigent person or appointed by	1780
the court at the request of an indigent person in a county that	1781
adopts a resolution to pay counsel, except for counsel appointed	1782
to represent a person charged with any violation of an ordinance	1783
of a municipal corporation that has not contracted with the county	1784
commissioners for the payment of appointed counsel, shall be paid	1785
by the county and shall receive the compensation and expenses the	1786
court approves. Each request for payment shall be accompanied by a	1787
financial disclosure form and an affidavit of indigency that are	1788
completed by the indigent person on forms prescribed by the state	1789
public defender. Compensation and expenses shall not exceed the	1790
amounts fixed by the board of county commissioners in the schedule	1791
adopted pursuant to division (A)(3) of this section. No court	1792
shall approve compensation and expenses that exceed the amount	1793
fixed pursuant to division (A)(3) of this section.	1794

The fees and expenses approved by the court shall not be	1795
taxed as part of the costs and shall be paid by the county.	1796
However, if the person represented has, or may reasonably be	1797
expected to have, the means to meet some part of the cost of the	1798
services rendered to the person, the person shall pay the county	1799
an amount that the person reasonably can be expected to pay.	1800
Pursuant to section 120.04 of the Revised Code, the county shall	1801
pay to the state public defender a percentage of the payment	1802
received from the person in an amount proportionate to the	1803
percentage of the costs of the person's case that were paid to the	1804
county by the state public defender pursuant to this section. The	1805
money paid to the state public defender shall be credited to the	1806
client payment fund created pursuant to division (B)(5) of section	1807
120.04 of the Revised Code.	1808

The county auditor shall draw a warrant on the county	1809
treasurer for the payment of counsel in the amount fixed by the	1810
court, plus the expenses the court fixes and certifies to the	1811
auditor. The county auditor shall report periodically, but not	1812
less than annually, to the board of county commissioners and to	1813
the ~~Ohio~~state public defender ~~commission~~ the amounts paid out	1814
pursuant to the approval of the court. The board of county	1815
commissioners, after review and approval of the auditor's report,	1816
or the county auditor, with permission from and notice to the	1817
board of county commissioners, may then certify it to the state	1818
public defender for reimbursement. ~~If a~~The state public defender	1819
may pay a requested reimbursement only if the request for	1820
reimbursement is ~~not~~ accompanied by a financial disclosure form	1821
and an affidavit of indigency completed by the indigent person on	1822
forms prescribed by the state public defender~~, the state public~~	1823
~~defender shall not pay the requested reimbursement~~or if the court	1824
certifies by electronic signature as prescribed by the state	1825
public defender that a financial disclosure form and affidavit of	1826
indigency have been completed by the indigent person and are	1827
available for inspection. If a request for the reimbursement of	1828
the cost of counsel in any case is not received by the state	1829
public defender within ninety days after the end of the calendar	1830
month in which the case is finally disposed of by the court,	1831
unless the county has requested and the state public defender has	1832
granted an extension of the ninety-day limit, the state public	1833
defender shall not pay the requested reimbursement. The state	1834
public defender shall also review the report and, in accordance	1835
with the standards, guidelines, and maximums established pursuant	1836
to divisions (B)(7) and (8) of section 120.04 of the Revised Code,	1837
prepare a voucher for fifty per cent of the total cost of each	1838
county appointed counsel system in the period of time covered by	1839
the certified report and a voucher for fifty per cent of the costs	1840
and expenses that are reimbursable under section 120.35 of the	1841
Revised Code, if any, or, if the amount of money appropriated by	1842
the general assembly to reimburse counties for the operation of	1843
county public defender offices, joint county public defender	1844
offices, and county appointed counsel systems is not sufficient to	1845
pay fifty per cent of the total cost of all of the offices and	1846
systems other than costs and expenses that are reimbursable under	1847
section 120.35 of the Revised Code, for the lesser amount required	1848
by section 120.34 of the Revised Code.	1849

(5) If any county appointed counsel system fails to maintain	1850
the standards for the conduct of the system established by the	1851
rules of the Ohio public defender commission pursuant to divisions	1852
(B) and (C) of section 120.03 or the standards established by the	1853
state public defender pursuant to division (B)(7) of section	1854
120.04 of the Revised Code, the Ohio public defender commission	1855
shall notify the board of county commissioners of the county that	1856
the county appointed counsel system has failed to comply with its	1857
rules or the standards of the state public defender. Unless the	1858
board of county commissioners corrects the conduct of its	1859
appointed counsel system to comply with the rules and standards	1860
within ninety days after the date of the notice, the state public	1861
defender may deny all or part of the county's reimbursement from	1862
the state provided for in division (A)(4) of this section.	1863

(B) In lieu of using a county public defender or joint county	1864
public defender to represent indigent persons in the proceedings	1865
set forth in division (A) of section 120.16 of the Revised Code,	1866
and in lieu of adopting the resolution and following the procedure	1867
described in division (A) of this section, the board of county	1868
commissioners of any county may contract with the state public	1869
defender for the state public defender's legal representation of	1870
indigent persons. A contract entered into pursuant to this	1871
division may provide for payment for the services provided on a	1872
per case, hourly, or fixed contract basis.	1873

(C) If a court appoints an attorney pursuant to this section	1874
to represent a petitioner in a postconviction relief proceeding	1875
under section 2953.21 of the Revised Code, the petitioner has	1876
received a sentence of death, and the proceeding relates to that	1877
sentence, the attorney who represents the petitioner in the	1878
proceeding pursuant to the appointment shall be certified under	1879
Rule 20 of the Rules of Superintendence for the Courts of Ohio to	1880
represent indigent defendants charged with or convicted of an	1881
offense for which the death penalty can be or has been imposed.	1882

Sec. 121.48. There is hereby created the office of the	1883
inspector general, to be headed by the inspector general.	1884

The governor shall appoint the inspector general, subject to	1885
section 121.49 of the Revised Code and the advice and consent of	1886
the senate. The inspector general shall hold office for a term	1887
coinciding with the term of the appointing governor. The governor	1888
may remove the inspector general from office only after delivering	1889
written notice to the inspector general of the reasons for which	1890
the governor intends to remove the inspector general from office	1891
and providing the inspector general with an opportunity to appear	1892
and show cause why the inspector general should not be removed.	1893

In addition to the duties imposed by section 121.42 of the	1894
Revised Code, the inspector general shall manage the office of the	1895
inspector general. The inspector general shall establish and	1896
maintain offices in Columbus.	1897

The inspector general may ~~appoint~~employ and fix the	1898
compensation of one or more deputy inspectors general. Each deputy	1899
inspector general shall serve for a term coinciding with the term	1900
of the appointing inspector general, and shall perform the duties,	1901
including the performance of investigations, that are assigned by	1902
the inspector general. All deputy inspectors general are in the	1903
unclassified service and serve at the pleasure of the inspector	1904
general.	1905

In addition to deputy inspectors general, the inspector	1906
general may ~~appoint~~employ and fix the compensation of	1907
professional, technical, and clerical employees that are necessary	1908
for the effective and efficient operation of the office of the	1909
inspector general. All professional, technical, and clerical	1910
employees of the office of the inspector general are in the	1911
unclassified service and serve at the pleasure of the appointing	1912
inspector general.	1913

The inspector general may enter into any contracts that are	1914
necessary to the operation of the office of the inspector general.	1915
The contracts may include, but are not limited to, contracts for	1916
the services of persons who are experts in a particular field and	1917
whose expertise is necessary to the successful completion of an	1918
investigation.	1919

Not later than the first day of March in each year, the	1920
inspector general shall publish an annual report summarizing the	1921
activities of the inspector general's office during the previous	1922
calendar year. The annual report shall not disclose the results of	1923
any investigation insofar as the results are designated as	1924
confidential under section 121.44 of the Revised Code.	1925

The inspector general shall provide copies of the inspector	1926
general's annual report to the governor and the general assembly.	1927
The inspector general also shall provide a copy of the annual	1928
report to any other person who requests the copy and pays a fee	1929
prescribed by the inspector general. The fee shall not exceed the	1930
cost of reproducing and delivering the annual report.	1931

Sec. 122.051. There is hereby created in the state treasury	1932
the international trade cooperative projects fund. The fund shall	1933
consist of moneys received from private and nonprofit	1934
organizations involved in cooperative agreements related to	1935
import/export and direct foreign investment activities and cash	1936
transfers from other state agencies or any state or local	1937
government to encourage, promote, and assist trade and commerce	1938
between this state and foreign nations, pursuant to section 122.05	1939
and division (E) of section 122.04 of the Revised Code.	1940

Sec. 122.071. There is hereby created in the state treasury	1941
the travel and tourism cooperative projects fund consisting of all	1942
grants, gifts, and contributions made to the director of	1943
development for marketing and promotion of travel and tourism	1944
within this state pursuant to division (F) of section 122.04 and	1945
section 122.07 of the Revised Code.	1946

Sec. 122.076. There is hereby created in the state treasury	1947
the energy projects fund consisting of nonfederal revenue that is	1948
remitted to the director of development for the purpose of energy	1949
projects. Money in the fund shall be used by the department of	1950
development for energy projects and to pay the costs incurred in	1951
administering the energy projects.	1952

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

1953

(1) "Full-time employee" means an individual who is employed	1954
for consideration for at least an average of thirty-five hours a	1955
week or, who renders any other standard of service generally	1956
accepted by custom or specified by contract as full-time	1957
employment, or who is employed for consideration for such time or	1958
renders such service but is on family or medical leave under the	1959
federal Family and Medical Leave Act of 1993, Pub. L. No. 103-3,	1960
107 Stat. 6, as amended, or on active duty reserve or Ohio	1961
national guard service.	1962

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

1963

(a) A full-time employee first employed by a taxpayer in the	1964
project that is the subject of the agreement after the taxpayer	1965
enters into a tax credit agreement with the tax credit authority	1966
under this section;	1967

(b) A full-time employee first employed by a taxpayer in the	1968
project that is the subject of the tax credit after the tax credit	1969
authority approves a project for a tax credit under this section	1970
in a public meeting, as long as the taxpayer enters into the tax	1971
credit agreement prepared by the department of development after	1972
such meeting within sixty days after receiving the agreement from	1973
the department. If the taxpayer fails to enter into the agreement	1974
within sixty days, "new employee" has the same meaning as under	1975
division (A)(2)(a) of this section. A full-time employee may be	1976
considered a "new employee" of a taxpayer, despite previously	1977
having been employed by a related member of the taxpayer, if all	1978
of the following apply:	1979

(i) The related member is a party to the tax credit agreement	1980
at the time the employee is first employed with the taxpayer;	1981

(ii) The related member will remain subject to the tax	1982
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	1983
under Chapter 5751. of the Revised Code for the remainder of the	1984
term of the tax credit, and the tax credit is taken against	1985
liability for that same tax through the remainder of the term of	1986
the tax credit; and	1987

(iii) The employee was considered a new employee of the	1988
related member prior to employment with the taxpayer.	1989

Under division (A)(2)(a) or (b) of this section, if the tax	1990
credit authority determines it appropriate, "new employee" also	1991
may include an employee re-hired or called back from lay-off to	1992
work in a new facility or on a new product or service established	1993
or produced by the taxpayer after entering into the agreement	1994
under this section or after the tax credit authority approves the	1995
tax credit in a public meeting. Except as otherwise provided in	1996
this paragraph, "new employee" does not include any employee of	1997
the taxpayer who was previously employed in this state by a	1998
related member of the taxpayer and whose employment was shifted to	1999
the taxpayer after the taxpayer entered into the tax credit	2000
agreement or after the tax credit authority approved the credit in	2001
a public meeting, or any employee of the taxpayer for which the	2002
taxpayer has been granted a certificate under division (B) of	2003
section 5709.66 of the Revised Code. However, if the taxpayer is	2004
engaged in the enrichment and commercialization of uranium or	2005
uranium products or is engaged in research and development	2006
activities related thereto and if the tax credit authority	2007
determines it appropriate, "new employee" may include an employee	2008
of the taxpayer who was previously employed in this state by a	2009
related member of the taxpayer and whose employment was shifted to	2010
the taxpayer after the taxpayer entered into the tax credit	2011
agreement or after the tax credit authority approved the credit in	2012
a public meeting. "New employee" does not include an employee of	2013
the taxpayer who is employed in an employment position that was	2014
relocated to a project from other operations of the taxpayer in	2015
this state or from operations of a related member of the taxpayer	2016
in this state. In addition, "new employee" does not include a	2017
child, grandchild, parent, or spouse, other than a spouse who is	2018
legally separated from the individual, of any individual who is an	2019
employee of the taxpayer and who has a direct or indirect	2020
ownership interest of at least five per cent in the profits,	2021
capital, or value of the taxpayer. Such ownership interest shall	2022
be determined in accordance with section 1563 of the Internal	2023
Revenue Code and regulations prescribed thereunder.	2024

(3) "New income tax revenue" means the total amount withheld	2025
under section 5747.06 of the Revised Code by the taxpayer during	2026
the taxable year, or during the calendar year that includes the	2027
tax period, from the compensation of new employees for the tax	2028
levied under Chapter 5747. of the Revised Code.	2029

(4) "Related member" has the same meaning as under division	2030
(A)(6) of section 5733.042 of the Revised Code without regard to	2031
division (B) of that section.	2032

(B) The tax credit authority may make grants under this	2033
section to foster job creation in this state. Such a grant shall	2034
take the form of a refundable credit allowed against the tax	2035
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	2036
under Chapter 5751. of the Revised Code. The credit shall be	2037
claimed for the taxable years or tax periods specified in the	2038
taxpayer's agreement with the tax credit authority under division	2039
(D) of this section. With respect to taxes imposed under section	2040
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the	2041
credit shall be claimed in the order required under section	2042
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of	2043
the credit available for a taxable year or for a calendar year	2044
that includes a tax period equals the new income tax revenue for	2045
that year multiplied by the percentage specified in the agreement	2046
with the tax credit authority. Any credit granted under this	2047
section against the tax imposed by section 5733.06 or 5747.02 of	2048
the Revised Code, to the extent not fully utilized against such	2049
tax for taxable years ending prior to 2008, shall automatically be	2050
converted without any action taken by the tax credit authority to	2051
a credit against the tax levied under Chapter 5751. of the Revised	2052
Code for tax periods beginning on or after July 1, 2008, provided	2053
that the person to whom the credit was granted is subject to such	2054
tax. The converted credit shall apply to those calendar years in	2055
which the remaining taxable years specified in the agreement end.	2056

(C) A taxpayer or potential taxpayer who proposes a project	2057
to create new jobs in this state may apply to the tax credit	2058
authority to enter into an agreement for a tax credit under this	2059
section. The director of development shall prescribe the form of	2060
the application. After receipt of an application, the authority	2061
may enter into an agreement with the taxpayer for a credit under	2062
this section if it determines all of the following:	2063

(1) The taxpayer's project will create new jobs in this	2064
state;	2065

(2) The taxpayer's project is economically sound and will	2066
benefit the people of this state by increasing opportunities for	2067
employment and strengthening the economy of this state;	2068

(3) Receiving the tax credit is a major factor in the	2069
taxpayer's decision to go forward with the project.	2070

(D) An agreement under this section shall include all of the	2071
following:	2072

(1) A detailed description of the project that is the subject	2073
of the agreement;	2074

(2) The term of the tax credit, which shall not exceed	2075
fifteen years, and the first taxable year, or first calendar year	2076
that includes a tax period, for which the credit may be claimed;	2077

(3) A requirement that the taxpayer shall maintain operations	2078
at the project location for at least twice the number of years as	2079
the term of the tax credit;	2080

(4) The percentage, as determined by the tax credit	2081
authority, of new income tax revenue that will be allowed as the	2082
amount of the credit for each taxable year or for each calendar	2083
year that includes a tax period;	2084

(5) A specific method for determining how many new employees	2085
are employed during a taxable year or during a calendar year that	2086
includes a tax period;	2087

(6) A requirement that the taxpayer annually shall report to	2088
the director of development the number of new employees, the new	2089
income tax revenue withheld in connection with the new employees,	2090
and any other information the director needs to perform the	2091
director's duties under this section;	2092

(7) A requirement that the director of development annually	2093
shall verify the amounts reported under division (D)(6) of this	2094
section, and after doing so shall issue a certificate to the	2095
taxpayer stating that the amounts have been verified;	2096

(8)(a) A provision requiring that the taxpayer, except as	2097
otherwise provided in division (D)(8)(b) of this section, shall	2098
not relocate employment positions from elsewhere in this state to	2099
the project site that is the subject of the agreement for the	2100
lesser of five years from the date the agreement is entered into	2101
or the number of years the taxpayer is entitled to claim the tax	2102
credit.	2103

(b) The taxpayer may relocate employment positions from	2104
elsewhere in this state to the project site that is the subject of	2105
the agreement if the director of development determines both of	2106
the following:	2107

(i) That the site from which the employment positions would	2108
be relocated is inadequate to meet market and industry conditions,	2109
expansion plans, consolidation plans, or other business	2110
considerations affecting the taxpayer;	2111

(ii) That the legislative authority of the county, township,	2112
or municipal corporation from which the employment positions would	2113
be relocated has been notified of the relocation.	2114

For purposes of this section, the movement of an employment	2115
position from one political subdivision to another political	2116
subdivision shall be considered a relocation of an employment	2117
position, but the transfer of an individual employee from one	2118
political subdivision to another political subdivision shall not	2119
be considered a relocation of an employment position as long as	2120
the individual's employment position in the first political	2121
subdivision is refilled.	2122

(E) If a taxpayer fails to meet or comply with any condition	2123
or requirement set forth in a tax credit agreement, the tax credit	2124
authority may amend the agreement to reduce the percentage or term	2125
of the tax credit. The reduction of the percentage or term shall	2126
take effect (1) in the taxable year immediately following the	2127
taxable year in which the authority amends the agreement or the	2128
director of development notifies the taxpayer in writing of such	2129
failure, or (2) in the first tax period beginning in the calendar	2130
year immediately following the calendar year in which the	2131
authority amends the agreement or the director notifies the	2132
taxpayer in writing of such failure. If the taxpayer fails to	2133
annually report any of the information required by division (D)(6)	2134
of this section within the time required by the director, the	2135
reduction of the percentage or term may take effect in the current	2136
taxable year. If the taxpayer relocates employment positions in	2137
violation of the provision required under division (D)(8)(a) of	2138
this section, the taxpayer shall not claim the tax credit under	2139
section 5733.0610 of the Revised Code for any tax years following	2140
the calendar year in which the relocation occurs, or shall not	2141
claim the tax credit under section 5725.32, 5729.032, or 5747.058	2142
of the Revised Code for the taxable year in which the relocation	2143
occurs and any subsequent taxable years, and shall not claim the	2144
tax credit under division (A) of section 5751.50 of the Revised	2145
Code for any tax period in the calendar year in which the	2146
relocation occurs and any subsequent tax periods.	2147

(F) Projects that consist solely of point-of-final-purchase	2148
retail facilities are not eligible for a tax credit under this	2149
section. If a project consists of both point-of-final-purchase	2150
retail facilities and nonretail facilities, only the portion of	2151
the project consisting of the nonretail facilities is eligible for	2152
a tax credit and only the new income tax revenue from new	2153
employees of the nonretail facilities shall be considered when	2154
computing the amount of the tax credit. If a warehouse facility is	2155
part of a point-of-final-purchase retail facility and supplies	2156
only that facility, the warehouse facility is not eligible for a	2157
tax credit. Catalog distribution centers are not considered	2158
point-of-final-purchase retail facilities for the purposes of this	2159
division, and are eligible for tax credits under this section.	2160

(G) Financial statements and other information submitted to	2161
the department of development or the tax credit authority by an	2162
applicant or recipient of a tax credit under this section, and any	2163
information taken for any purpose from such statements or	2164
information, are not public records subject to section 149.43 of	2165
the Revised Code. However, the chairperson of the authority may	2166
make use of the statements and other information for purposes of	2167
issuing public reports or in connection with court proceedings	2168
concerning tax credit agreements under this section. Upon the	2169
request of the tax commissioner or, if the applicant or recipient	2170
is an insurance company, upon the request of the superintendent of	2171
insurance, the chairperson of the authority shall provide to the	2172
commissioner or superintendent any statement or information	2173
submitted by an applicant or recipient of a tax credit in	2174
connection with the credit. The commissioner or superintendent	2175
shall preserve the confidentiality of the statement or	2176
information.	2177

(H) A taxpayer claiming a credit under this section shall	2178
submit to the tax commissioner or, if the taxpayer is an insurance	2179
company, to the superintendent of insurance, a copy of the	2180
director of development's certificate of verification under	2181
division (D)(7) of this section with the taxpayer's tax report or	2182
return for the taxable year or for the calendar year that includes	2183
the tax period. Failure to submit a copy of the certificate with	2184
the report or return does not invalidate a claim for a credit if	2185
the taxpayer submits a copy of the certificate to the commissioner	2186
or superintendent within sixty days after the commissioner or	2187
superintendent requests it.	2188

(I) The director of development, after consultation with the	2189
tax commissioner and the superintendent of insurance and in	2190
accordance with Chapter 119. of the Revised Code, shall adopt	2191
rules necessary to implement this section. The rules may provide	2192
for recipients of tax credits under this section to be charged	2193
fees to cover administrative costs of the tax credit program. The	2194
fees collected shall be credited to the tax incentive programs	2195
operating fund created in section 122.174 of the Revised Code. At	2196
the time the director gives public notice under division (A) of	2197
section 119.03 of the Revised Code of the adoption of the rules,	2198
the director shall submit copies of the proposed rules to the	2199
chairpersons of the standing committees on economic development in	2200
the senate and the house of representatives.	2201

(J) For the purposes of this section, a taxpayer may include	2202
a partnership, a corporation that has made an election under	2203
subchapter S of chapter one of subtitle A of the Internal Revenue	2204
Code, or any other business entity through which income flows as a	2205
distributive share to its owners. A ~~credit received under this~~	2206
~~section by a~~ partnership, S-corporation, or other such business	2207
entity ~~shall be apportioned among~~may elect to pass the credit	2208
received under this section through to the persons to whom the	2209
income or profit of the partnership, S-corporation, or other	2210
entity is distributed,. The election shall be made on the annual	2211
report required under division (D)(6) of this section. The	2212
election applies to and is irrevocable for the credit for which	2213
the report is submitted. If the election is made, the credit shall	2214
be apportioned among those persons in the same proportions as	2215
those in which the income or profit is distributed.	2216

(K) If the director of development determines that a taxpayer	2217
who has received a credit under this section is not complying with	2218
the requirement under division (D)(3) of this section, the	2219
director shall notify the tax credit authority of the	2220
noncompliance. After receiving such a notice, and after giving the	2221
taxpayer an opportunity to explain the noncompliance, the tax	2222
credit authority may require the taxpayer to refund to this state	2223
a portion of the credit in accordance with the following:	2224

(1) If the taxpayer maintained operations at the project	2225
location for at least one and one-half times the number of years	2226
of the term of the tax credit, an amount not exceeding twenty-five	2227
per cent of the sum of any previously allowed credits under this	2228
section;	2229

(2) If the taxpayer maintained operations at the project	2230
location for at least the number of years of the term of the tax	2231
credit, an amount not exceeding fifty per cent of the sum of any	2232
previously allowed credits under this section;	2233

(3) If the taxpayer maintained operations at the project	2234
location for less than the number of years of the term of the tax	2235
credit, an amount not exceeding one hundred per cent of the sum of	2236
any previously allowed credits under this section.	2237

In determining the portion of the tax credit to be refunded	2238
to this state, the tax credit authority shall consider the effect	2239
of market conditions on the taxpayer's project and whether the	2240
taxpayer continues to maintain other operations in this state.	2241
After making the determination, the authority shall certify the	2242
amount to be refunded to the tax commissioner or superintendent of	2243
insurance, as appropriate. If the amount is certified to the	2244
commissioner, the commissioner shall make an assessment for that	2245
amount against the taxpayer under Chapter 5733., 5747., or 5751.	2246
of the Revised Code. If the amount is certified to the	2247
superintendent, the superintendent shall make an assessment for	2248
that amount against the taxpayer under Chapter 5725. or 5729. of	2249
the Revised Code. The time limitations on assessments under those	2250
chapters do not apply to an assessment under this division, but	2251
the commissioner or superintendent, as appropriate, shall make the	2252
assessment within one year after the date the authority certifies	2253
to the commissioner or superintendent the amount to be refunded.	2254

(L) On or before the thirty-first day of March each year, the	2255
director of development shall submit a report to the governor, the	2256
president of the senate, and the speaker of the house of	2257
representatives on the tax credit program under this section. The	2258
report shall include information on the number of agreements that	2259
were entered into under this section during the preceding calendar	2260
year, a description of the project that is the subject of each	2261
such agreement, and an update on the status of projects under	2262
agreements entered into before the preceding calendar year.	2263

(M) There is hereby created the tax credit authority, which	2264
consists of the director of development and four other members	2265
appointed as follows: the governor, the president of the senate,	2266
and the speaker of the house of representatives each shall appoint	2267
one member who shall be a specialist in economic development; the	2268
governor also shall appoint a member who is a specialist in	2269
taxation. Of the initial appointees, the members appointed by the	2270
governor shall serve a term of two years; the members appointed by	2271
the president of the senate and the speaker of the house of	2272
representatives shall serve a term of four years. Thereafter,	2273
terms of office shall be for four years. Initial appointments to	2274
the authority shall be made within thirty days after January 13,	2275
1993. Each member shall serve on the authority until the end of	2276
the term for which the member was appointed. Vacancies shall be	2277
filled in the same manner provided for original appointments. Any	2278
member appointed to fill a vacancy occurring prior to the	2279
expiration of the term for which the member's predecessor was	2280
appointed shall hold office for the remainder of that term.	2281
Members may be reappointed to the authority. Members of the	2282
authority shall receive their necessary and actual expenses while	2283
engaged in the business of the authority. The director of	2284
development shall serve as chairperson of the authority, and the	2285
members annually shall elect a vice-chairperson from among	2286
themselves. Three members of the authority constitute a quorum to	2287
transact and vote on the business of the authority. The majority	2288
vote of the membership of the authority is necessary to approve	2289
any such business, including the election of the vice-chairperson.	2290

The director of development may appoint a professional	2291
employee of the department of development to serve as the	2292
director's substitute at a meeting of the authority. The director	2293
shall make the appointment in writing. In the absence of the	2294
director from a meeting of the authority, the appointed substitute	2295
shall serve as chairperson. In the absence of both the director	2296
and the director's substitute from a meeting, the vice-chairperson	2297
shall serve as chairperson.	2298

(N) For purposes of the credits granted by this section	2299
against the taxes imposed under sections 5725.18 and 5729.03 of	2300
the Revised Code, "taxable year" means the period covered by the	2301
taxpayer's annual statement to the superintendent of insurance.	2302

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

2303

(1) "Capital investment project" means a plan of investment	2304
at a project site for the acquisition, construction, renovation,	2305
or repair of buildings, machinery, or equipment, or for	2306
capitalized costs of basic research and new product development	2307
determined in accordance with generally accepted accounting	2308
principles, but does not include any of the following:	2309

(a) Payments made for the acquisition of personal property	2310
through operating leases;	2311

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

2312

(c) Payments made to a related member as defined in section	2313
5733.042 of the Revised Code or to an elected consolidated	2314
taxpayer or a combined taxpayer as defined in section 5751.01 of	2315
the Revised Code.	2316

(2) "Eligible business" means a business with Ohio operations	2317
satisfying all of the following:	2318

(a) Employed an average of at least one thousand employees in	2319
full-time employment positions at a project site during each of	2320
the twelve months preceding the application for a tax credit under	2321
this section; and	2322

(b) On or after January 1, 2002, has made or has caused to be	2323
made payments for the capital investment project, including	2324
payments made by an unrelated third party entity as a result of a	2325
lease of not less than twenty years in term, of either of the	2326
following:	2327

(i) At least two hundred million dollars in the aggregate at	2328
the project site during a period of three consecutive calendar	2329
years including the calendar year that includes a day of the	2330
taxpayer's taxable year or tax period with respect to which the	2331
credit is granted;	2332

(ii) If the average wage of all full-time employment	2333
positions at the project site is greater than four hundred per	2334
cent of the federal minimum wage, at least one hundred million	2335
dollars in the aggregate at the project site during a period of	2336
three consecutive calendar years including the calendar year that	2337
includes a day of the taxpayer's taxable year or tax period with	2338
respect to which the credit is granted.	2339

(c) Is engaged at the project site primarily as a	2340
manufacturer or is providing significant corporate administrative	2341
functions;. If the investment under division (A)(2)(b) of this	2342
section was made by a third party entity as a result of a lease of	2343
not less than twenty years in term, the project must include	2344
headquarters operations that are part of a mixed use development	2345
that includes at least two of the following: office, hotel,	2346
research and development, or retail facilities.	2347

(d) Has had a capital investment project reviewed and	2348
approved by the tax credit authority as provided in divisions (C),	2349
(D), and (E) of this section.	2350

(3) "Full-time employment position" means a position of	2351
employment for consideration for at least an average of	2352
thirty-five hours a week that has been filled for at least one	2353
hundred eighty days immediately preceding the filing of an	2354
application under this section and for at least one hundred eighty	2355
days during each taxable year or each calendar year that includes	2356
a tax period with respect to which the credit is granted, or is	2357
employed in such position for consideration for such time, but is	2358
on active duty reserve or Ohio national guard service.	2359

(4) "Manufacturer" has the same meaning as in section	2360
5739.011 of the Revised Code.	2361

(5) "Project site" means an integrated complex of facilities	2362
in this state, as specified by the tax credit authority under this	2363
section, within a fifteen-mile radius where a taxpayer is	2364
primarily operating as an eligible business.	2365

(6) "Applicable corporation" means a corporation satisfying	2366
all of the following:	2367

(a)(i) For the entire taxable year immediately preceding the	2368
tax year, the corporation develops software applications primarily	2369
to provide telecommunication billing and information services	2370
through outsourcing or licensing to domestic or international	2371
customers.	2372

(ii) Sales and licensing of software generated at least six	2373
hundred million dollars in revenue during the taxable year	2374
immediately preceding the tax year the corporation is first	2375
entitled to claim the credit provided under division (B) of this	2376
section.	2377

(b) For the entire taxable year immediately preceding the tax	2378
year, the corporation or one or more of its related members	2379
provides customer or employee care and technical support for	2380
clients through one or more contact centers within this state, and	2381
the corporation and its related members together have a daily	2382
average, based on a three-hundred-sixty-five-day year, of at least	2383
five hundred thousand successful customer contacts through one or	2384
more of their contact centers, wherever located.	2385

(c) The corporation is eligible for the credit under division	2386
(B) of this section for the tax year.	2387

(7) "Related member" has the same meaning as in section	2388
5733.042 of the Revised Code as that section existed on the	2389
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	2390
general assembly, September 29, 1997.	2391

(8) "Successful customer contact" means a contact with an end	2392
user via telephone, including interactive voice recognition or	2393
similar means, where the contact culminates in a conversation or	2394
connection other than a busy signal or equipment busy.	2395

(9) "Telecommunications" means all forms of	2396
telecommunications service as defined in section 5739.01 of the	2397
Revised Code, and includes services in wireless, wireline, cable,	2398
broadband, internet protocol, and satellite.	2399

(10)(a) "Applicable difference" means the difference between	2400
the tax for the tax year under Chapter 5733. of the Revised Code	2401
applying the law in effect for that tax year, and the tax for that	2402
tax year if section 5733.042 of the Revised Code applied as that	2403
section existed on the effective date of its amendment by Am. Sub.	2404
H.B. 215 of the 122nd general assembly, September 29, 1997,	2405
subject to division (A)(10)(b) of this section.	2406

(b) If the tax rate set forth in division (B) of section	2407
5733.06 of the Revised Code for the tax year is less than eight	2408
and one-half per cent, the tax calculated under division	2409
(A)(10)(a) of this section shall be computed by substituting a tax	2410
rate of eight and one-half per cent for the rate set forth in	2411
division (B) of section 5733.06 of the Revised Code for the tax	2412
year.	2413

(c) If the resulting difference is negative, the applicable	2414
tax difference for the tax year shall be zero.	2415

(B) The tax credit authority created under section 122.17 of	2416
the Revised Code may grant tax credits under this section for the	2417
purpose of fostering job retention in this state. Upon application	2418
by an eligible business and upon consideration of the	2419
recommendation of the director of budget and management, tax	2420
commissioner, and director of development under division (C) of	2421
this section, the tax credit authority may grant to an eligible	2422
business a nonrefundable credit against the tax imposed by section	2423
5733.06 or 5747.02 of the Revised Code for a period up to fifteen	2424
taxable years and against the tax levied by Chapter 5751. of the	2425
Revised Code for a period of up to fifteen calendar years	2426
provided, however, that if the project site is leased, the term of	2427
the tax credit cannot exceed the lesser of fifteen years or	2428
one-half the term of the lease, including any permitted renewal	2429
periods. The credit shall be in an amount not exceeding	2430
seventy-five per cent of the Ohio income tax withheld from the	2431
employees of the eligible business occupying full-time employment	2432
positions at the project site during the calendar year that	2433
includes the last day of such business' taxable year or tax period	2434
with respect to which the credit is granted. The amount of the	2435
credit shall not be based on the Ohio income tax withheld from	2436
full-time employees for a calendar year prior to the calendar year	2437
in which the minimum investment requirement referred to in	2438
division (A)(2)(b) of this section is completed. The credit shall	2439
be claimed only for the taxable years or tax periods specified in	2440
the eligible business' agreement with the tax credit authority	2441
under division (E) of this section, but in no event shall the	2442
credit be claimed for a taxable year or tax period terminating	2443
before the date specified in the agreement. Any credit granted	2444
under this section against the tax imposed by section 5733.06 or	2445
5747.02 of the Revised Code, to the extent not fully utilized	2446
against such tax for taxable years ending prior to 2008, shall	2447
automatically be converted without any action taken by the tax	2448
credit authority to a credit against the tax levied under Chapter	2449
5751. of the Revised Code for tax periods beginning on or after	2450
July 1, 2008, provided that the person to whom the credit was	2451
granted is subject to such tax. The converted credit shall apply	2452
to those calendar years in which the remaining taxable years	2453
specified in the agreement end.	2454

The credit computed under this division is in addition to any	2455
credit allowed under division (M) of this section which the tax	2456
credit authority may also include in the agreement.	2457

Any unused portion of a tax credit may be carried forward for	2458
not more than three additional years after the year for which the	2459
credit is granted.	2460

(C) A taxpayer that proposes a capital investment project to	2461
retain jobs in this state may apply to the tax credit authority to	2462
enter into an agreement for a tax credit under this section. The	2463
director of development shall prescribe the form of the	2464
application. After receipt of an application, the authority shall	2465
forward copies of the application to the director of budget and	2466
management, the tax commissioner, and the director of development,	2467
each of whom shall review the application to determine the	2468
economic impact the proposed project would have on the state and	2469
the affected political subdivisions and shall submit a summary of	2470
their determinations and recommendations to the authority.	2471

(D) Upon review of the determinations and recommendations	2472
described in division (C) of this section, the tax credit	2473
authority may enter into an agreement with the taxpayer for a	2474
credit under this section if the authority determines all of the	2475
following:	2476

(1) The taxpayer's capital investment project will result in	2477
the retention of full-time employment positions in this state.	2478

(2) The taxpayer is economically sound and has the ability to	2479
complete the proposed capital investment project.	2480

(3) The taxpayer intends to and has the ability to maintain	2481
operations at the project site for at least twice the term of the	2482
credit.	2483

(4) Receiving the credit is a major factor in the taxpayer's	2484
decision to begin, continue with, or complete the project.	2485

(5) The political subdivisions in which the project is	2486
located have agreed to provide substantial financial support to	2487
the project.	2488

(E) An agreement under this section shall include all of the	2489
following:	2490

(1) A detailed description of the project that is the subject	2491
of the agreement, including the amount of the investment, the	2492
period over which the investment has been or is being made, and	2493
the number of full-time employment positions at the project site.	2494

(2) The method of calculating the number of full-time	2495
employment positions as specified in division (A)(3) of this	2496
section.	2497

(3) The term and percentage of the tax credit, and the first	2498
year for which the credit may be claimed.	2499

(4) A requirement that the taxpayer maintain operations at	2500
the project site for at least twice the number of years as the	2501
term of the credit.	2502

(5) A requirement that the taxpayer retain a specified number	2503
of full-time employment positions at the project site and within	2504
this state for the term of the credit, including a requirement	2505
that the taxpayer continue to employ at least one thousand	2506
employees in full-time employment positions at the project site	2507
during the entire term of any agreement, subject to division	2508
(E)(7) of this section.	2509

(6) A requirement that the taxpayer annually report to the	2510
director of development the number of full-time employment	2511
positions subject to the credit, the amount of tax withheld from	2512
employees in those positions, the amount of the payments made for	2513
the capital investment project, and any other information the	2514
director needs to perform the director's duties under this	2515
section.	2516

(7) A requirement that the director of development annually	2517
review the annual reports of the taxpayer to verify the	2518
information reported under division (E)(6) of this section and	2519
compliance with the agreement. Upon verification, the director	2520
shall issue a certificate to the taxpayer stating that the	2521
information has been verified and identifying the amount of the	2522
credit for the taxable year. Unless otherwise specified by the tax	2523
credit authority in a resolution and included as part of the	2524
agreement, the director shall not issue a certificate for any year	2525
in which the total number of filled full-time employment positions	2526
for each day of the calendar year divided by three hundred	2527
sixty-five is less than ninety per cent of the full-time	2528
employment positions specified in division (E)(5) of this section.	2529
In determining the number of full-time employment positions, no	2530
position shall be counted that is filled by an employee who is	2531
included in the calculation of a tax credit under section 122.17	2532
of the Revised Code.	2533

(8)(a) A provision requiring that the taxpayer, except as	2534
otherwise provided in division (E)(8)(b) of this section, shall	2535
not relocate employment positions from elsewhere in this state to	2536
the project site that is the subject of the agreement for the	2537
lesser of five years from the date the agreement is entered into	2538
or the number of years the taxpayer is entitled to claim the	2539
credit.	2540

(b) The taxpayer may relocate employment positions from	2541
elsewhere in this state to the project site that is the subject of	2542
the agreement if the director of development determines both of	2543
the following:	2544

(i) That the site from which the employment positions would	2545
be relocated is inadequate to meet market and industry conditions,	2546
expansion plans, consolidation plans, or other business	2547
considerations affecting the taxpayer;	2548

(ii) That the legislative authority of the county, township,	2549
or municipal corporation from which the employment positions would	2550
be relocated has been notified of the relocation.	2551

For purposes of this section, the movement of an employment	2552
position from one political subdivision to another political	2553
subdivision shall be considered a relocation of an employment	2554
position unless the movement is confined to the project site. The	2555
transfer of an individual employee from one political subdivision	2556
to another political subdivision shall not be considered a	2557
relocation of an employment position as long as the individual's	2558
employment position in the first political subdivision is	2559
refilled.	2560

(9) A waiver by the taxpayer of any limitations periods	2561
relating to assessments or adjustments resulting from the	2562
taxpayer's failure to comply with the agreement.	2563

(F) If a taxpayer fails to meet or comply with any condition	2564
or requirement set forth in a tax credit agreement, the tax credit	2565
authority may amend the agreement to reduce the percentage or term	2566
of the credit. The reduction of the percentage or term shall take	2567
effect (1) in the taxable year immediately following the taxable	2568
year in which the authority amends the agreement or the director	2569
of development notifies the taxpayer in writing of such failure,	2570
or (2) in the first tax period beginning in the calendar year	2571
immediately following the calendar year in which the authority	2572
amends the agreement or the director notifies the taxpayer in	2573
writing of such failure. If the taxpayer fails to annually report	2574
any of the information required by division (E)(6) of this section	2575
within the time required by the director, the reduction of the	2576
percentage or term may take effect in the current taxable year. If	2577
the taxpayer relocates employment positions in violation of the	2578
provision required under division (D)(8)(a) of this section, the	2579
taxpayer shall not claim the tax credit under section 5733.0610 of	2580
the Revised Code for any tax years following the calendar year in	2581
which the relocation occurs, shall not claim the tax credit under	2582
section 5747.058 of the Revised Code for the taxable year in which	2583
the relocation occurs and any subsequent taxable years, and shall	2584
not claim the tax credit under division (A) of section 5751.50 of	2585
the Revised Code for the tax period in which the relocation occurs	2586
and any subsequent tax periods.	2587

(G) Financial statements and other information submitted to	2588
the department of development or the tax credit authority by an	2589
applicant for or recipient of a tax credit under this section, and	2590
any information taken for any purpose from such statements or	2591
information, are not public records subject to section 149.43 of	2592
the Revised Code. However, the chairperson of the authority may	2593
make use of the statements and other information for purposes of	2594
issuing public reports or in connection with court proceedings	2595
concerning tax credit agreements under this section. Upon the	2596
request of the tax commissioner, the chairperson of the authority	2597
shall provide to the commissioner any statement or other	2598
information submitted by an applicant for or recipient of a tax	2599
credit in connection with the credit. The commissioner shall	2600
preserve the confidentiality of the statement or other	2601
information.	2602

(H) A taxpayer claiming a tax credit under this section shall	2603
submit to the tax commissioner a copy of the director of	2604
development's certificate of verification under division (E)(7) of	2605
this section with the taxpayer's tax report or return for the	2606
taxable year or for the calendar year that includes the tax	2607
period. Failure to submit a copy of the certificate with the	2608
report or return does not invalidate a claim for a credit if the	2609
taxpayer submits a copy of the certificate to the commissioner	2610
within sixty days after the commissioner requests it.	2611

(I) For the purposes of this section, a taxpayer may include	2612
a partnership, a corporation that has made an election under	2613
subchapter S of chapter one of subtitle A of the Internal Revenue	2614
Code, or any other business entity through which income flows as a	2615
distributive share to its owners. A ~~tax credit received under this~~	2616
~~section by a~~ partnership, S-corporation, or other such business	2617
entity ~~shall be apportioned among~~may elect to pass the credit	2618
received under this section through to the persons to whom the	2619
income or profit of the partnership, S-corporation, or other	2620
entity is distributed,. The election shall be made on the annual	2621
report required under division (E)(6) of this section. The	2622
election applies to and is irrevocable for the credit for which	2623
the report is submitted. If the election is made, the credit shall	2624
be apportioned among those persons in the same proportions as	2625
those in which the income or profit is distributed.	2626

(J) If the director of development determines that a taxpayer	2627
that received a tax credit under this section is not complying	2628
with the requirement under division (E)(4) of this section, the	2629
director shall notify the tax credit authority of the	2630
noncompliance. After receiving such a notice, and after giving the	2631
taxpayer an opportunity to explain the noncompliance, the	2632
authority may terminate the agreement and require the taxpayer to	2633
refund to the state all or a portion of the credit claimed in	2634
previous years, as follows:	2635

(1) If the taxpayer maintained operations at the project site	2636
for less than the term of the credit, the amount required to be	2637
refunded shall not exceed the amount of any tax credits previously	2638
allowed and received under this section.	2639

(2) If the taxpayer maintained operations at the project site	2640
longer than the term of the credit but less than one and one-half	2641
times the term of the credit, the amount required to be refunded	2642
shall not exceed fifty per cent of the sum of any tax credits	2643
previously allowed and received under this section.	2644

(3) If the taxpayer maintained operations at the project site	2645
for at least one and one-half times the term of the credit but	2646
less than twice the term of the credit, the amount required to be	2647
refunded shall not exceed twenty-five per cent of the sum of any	2648
tax credits previously allowed and received under this section.	2649

In determining the portion of the credit to be refunded to	2650
this state, the authority shall consider the effect of market	2651
conditions on the taxpayer's project and whether the taxpayer	2652
continues to maintain other operations in this state. After making	2653
the determination, the authority shall certify the amount to be	2654
refunded to the tax commissioner. The commissioner shall make an	2655
assessment for that amount against the taxpayer under Chapter	2656
5733., 5747., or 5751. of the Revised Code. The time limitations	2657
on assessments under those chapters do not apply to an assessment	2658
under this division, but the commissioner shall make the	2659
assessment within one year after the date the authority certifies	2660
to the commissioner the amount to be refunded.	2661

If the director of development determines that a taxpayer	2662
that received a tax credit under this section has reduced the	2663
number of employees agreed to under division (E)(5) of this	2664
section by more than ten per cent, the director shall notify the	2665
tax credit authority of the noncompliance. After receiving such	2666
notice, and after providing the taxpayer an opportunity to explain	2667
the noncompliance, the authority may amend the agreement to reduce	2668
the percentage or term of the tax credit. The reduction in the	2669
percentage or term shall take effect in the taxable year, or in	2670
the calendar year that includes the tax period, in which the	2671
authority amends the agreement.	2672

(K) The director of development, after consultation with the	2673
tax commissioner and in accordance with Chapter 119. of the	2674
Revised Code, shall adopt rules necessary to implement this	2675
section. The rules may provide for recipients of tax credits under	2676
this section to be charged fees to cover administrative costs of	2677
the tax credit program. The fees collected shall be credited to	2678
the tax incentive programs operating fund created in section	2679
122.174 of the Revised Code. At the time the director gives public	2680
notice under division (A) of section 119.03 of the Revised Code of	2681
the adoption of the rules, the director shall submit copies of the	2682
proposed rules to the chairpersons of the standing committees on	2683
economic development in the senate and the house of	2684
representatives.	2685

(L) On or before the thirty-first day of March of each year,	2686
the director of development shall submit a report to the governor,	2687
the president of the senate, and the speaker of the house of	2688
representatives on the tax credit program under this section. The	2689
report shall include information on the number of agreements that	2690
were entered into under this section during the preceding calendar	2691
year, a description of the project that is the subject of each	2692
such agreement, and an update on the status of projects under	2693
agreements entered into before the preceding calendar year.	2694

(M)(1) A nonrefundable credit shall be allowed to an	2695
applicable corporation and its related members in an amount equal	2696
to the applicable difference. The credit is in addition to the	2697
credit granted to the corporation or related members under	2698
division (B) of this section. The credit is subject to divisions	2699
(B) to (E) and division (J) of this section.	2700

(2) A person qualifying as an applicable corporation under	2701
this section for a tax year does not necessarily qualify as an	2702
applicable corporation for any other tax year. No person is	2703
entitled to the credit allowed under division (M) of this section	2704
for the tax year immediately following the taxable year during	2705
which the person fails to meet the requirements in divisions	2706
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	2707
to the credit allowed under division (M) of this section for any	2708
tax year for which the person is not eligible for the credit	2709
provided under division (B) of this section.	2710

Sec. 122.174. There is hereby created in the state treasury	2711
the tax incentive programs operating fund. Money collected	2712
pursuant to division (I) of section 121.17, division (K) of	2713
section 122.171, division (C) of section 3735.672, and division	2714
(C) of section 5709.68 of the Revised Code shall be credited to	2715
the fund. The director of development shall use money in the fund	2716
to pay expenses related to the administration of the tax credit	2717
programs authorized by sections 122.17, 122.171, 3735.672, and	2718
5709.68 of the Revised Code.	2719

Sec. 122.602. (A) There is hereby created in the department	2720
of development the capital access loan program to assist	2721
participating financial institutions in making program loans to	2722
eligible businesses that face barriers in accessing working	2723
capital and obtaining fixed asset financing. In administering the	2724
program, the director of development may do any of the following:	2725

(1) Receive and accept grants, gifts, and contributions of	2726
money, property, labor, and other things of value to be held,	2727
used, and applied only for the purpose for which the grants,	2728
gifts, and contributions are made, from individuals, private and	2729
public corporations, the United States or any agency of the United	2730
States, the state or any agency of the state, or any political	2731
subdivision of the state;	2732

(2) Agree to repay any contribution of money or return any	2733
property contributed or the value of that property at the times,	2734
in the amounts, and on the terms and conditions, excluding the	2735
payment of interest, that the director consents to at the time a	2736
contribution is made; and evidence obligations by notes, bonds, or	2737
other written instruments;	2738

(3) Adopt rules under Chapter 119. of the Revised Code to	2739
carry out the purposes of the program specified in sections 122.60	2740
to 122.605 of the Revised Code;	2741

(4) Engage in all other acts, and enter into contracts and	2742
execute all instruments, necessary or appropriate to carry out the	2743
purposes specified in sections 122.60 to 122.605 of the Revised	2744
Code.	2745

(B) The director shall determine the eligibility of a	2746
financial institution to participate in the program and may set a	2747
limit on the number of financial institutions that may participate	2748
in the program.	2749

(C) To be considered eligible by the director to participate	2750
in the program, a financial institution shall enter into a	2751
participation agreement with the department that sets out the	2752
terms and conditions under which the department will deposit	2753
moneys from the fund into the financial institution's program	2754
reserve account, specifies the criteria for loan qualification	2755
under the program, and contains any additional terms the director	2756
considers necessary.	2757

(D) After receiving the certification required under division	2758
(C) of section 122.603 of the Revised Code, the director may	2759
disburse moneys from the fund to a participating financial	2760
institution for deposit in its program reserve account if the	2761
director determines that the capital access loan involved meets	2762
all of the following criteria:	2763

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

2764

(2) It will be used by the eligible business for a project,	2765
activity, or enterprise that fosters economic development.	2766

(3) It will not be made in order to enroll in the program	2767
prior debt that is not covered under the program and that is owed	2768
or was previously owed by an eligible business to the financial	2769
institution.	2770

(4) It will not be utilized for a project or development	2771
related to the on-site construction or purchase of residential	2772
housing.	2773

(5) It will not be used to finance passive real estate	2774
ownership.	2775

(6) It conforms to the requirements of divisions (E), (F),	2776
(G), (H), and (I) of this section, and to the rules adopted by the	2777
director under division (A)(3) of this section.	2778

(E) The director shall not approve a capital access loan to	2779
an eligible business that exceeds two hundred fifty thousand	2780
dollars for working capital or five hundred thousand dollars for	2781
the purchase of fixed assets. An eligible business may apply for	2782
the maximum amount of both working capital and the purchase of	2783
fixed assets in the same capital access loan.	2784

(F) A financial institution may apply to the director for the	2785
approval of a capital access loan to any business that is owned or	2786
operated by a person that has previously defaulted under any state	2787
financial assistance program.	2788

(G) Eligible businesses that apply for a capital access loan	2789
shall comply with section 9.66 of the Revised Code.	2790

(H) A financial institution may apply to the director for the	2791
approval of a capital access loan that refinances a nonprogram	2792
loan made by another financial institution.	2793

(I) The director shall not approve a capital access loan that	2794
refinances a nonprogram loan made by the same financial	2795
institution, unless the amount of the refinanced loan exceeds the	2796
existing debt, in which case only the amount exceeding the	2797
existing debt is eligible for a loan under the program.	2798

~~(J) The director shall not approve any capital access loan~~	2799
~~made after June 30, 2007, or enter into a participation agreement~~	2800
~~with any financial institution after that date.~~	2801

Sec. 122.652. (A)(1) An applicant seeking a grant or loan for	2802
a brownfield cleanup or remediation project from the clean Ohio	2803
revitalization fund created in section 122.658 of the Revised Code	2804
shall request an application form from the appropriate integrating	2805
committee with geographical jurisdiction over the project for	2806
which a grant or loan is sought. The applicant shall complete the	2807
application and include all of the information required by	2808
sections 122.65 to 122.658 of the Revised Code and policies and	2809
requirements established under section 122.657 of the Revised	2810
Code.	2811

(2) In addition to the information that is required to be	2812
included in the application under division (A)(1) of this section,	2813
an applicant shall include an affidavit signed by the authorized	2814
representative of the applicant certifying that the applicant did	2815
not cause or contribute to the release of hazardous substances or	2816
petroleum at the brownfield that is the subject of the	2817
application.	2818

No person shall submit a false affidavit under division	2819
(A)(2) of this section.	2820

(3) After completion of the application, but prior to the	2821
submission of the application to the integrating committee under	2822
division (B) of this section, the applicant shall conduct a public	2823
meeting concerning the application and the proposed cleanup or	2824
remediation. Not later than forty-five days prior to conducting	2825
the public meeting, the applicant shall provide notice of the	2826
date, time, and location of the public meeting in a newspaper of	2827
general circulation in the county in which the property that is	2828
the subject of the application is located. In addition, not later	2829
than forty-five days prior to the hearing, the applicant shall	2830
post notice of the date, time, and location of the public meeting	2831
at the property on a sign that measures not less than four feet by	2832
four feet or, if the political subdivision in which the sign is to	2833
be posted prohibits a sign of that size, the maximum size of sign	2834
permitted by that political subdivision.	2835

In addition, not later than forty-five days prior to the	2836
public meeting, the applicant shall provide a copy of the	2837
application to a public library in the vicinity of the property	2838
for public review. The submission of the application and the	2839
location of the public library shall be included in the notice	2840
required under this division. The general public may submit	2841
comments to the applicant concerning the application prior to and	2842
at the public meeting.	2843

(B) An applicant shall submit a completed application, all	2844
required information, and an application summary to the	2845
appropriate integrating committee. Based on a review of the	2846
application summaries submitted to it, an integrating committee	2847
or, if required under division (C) of this section, the executive	2848
committee of the integrating committee shall prioritize all	2849
applications in accordance with criteria and procedures	2850
established pursuant to section 122.657 of the Revised Code. The	2851
integrating committee shall choose not more than six applications	2852
annually that it determines merit funding and shall forward those	2853
applications and all accompanying information to the clean Ohio	2854
council. In prioritizing and choosing applications under this	2855
division, an integrating committee or, if required under division	2856
(C) of this section, the executive committee of the integrating	2857
committee shall consult with local and regional economic	2858
development agencies or resources, community development agencies	2859
or organizations, local business organizations, and other	2860
appropriate entities located or operating in the geographic	2861
jurisdiction of the integrating committee.	2862

Notwithstanding this division or division (C) of this	2863
section, if an integrating committee receives only one application	2864
in any given year, the chair of the integrating committee or, if	2865
required under division (C) of this section, the chair of the	2866
executive committee of the integrating committee may forward that	2867
application to the clean Ohio council as the district's top	2868
priority project for that year without a vote of the full	2869
integrating committee or executive committee, as applicable.	2870

(C) For purposes of division (B) of this section, all	2871
decisions of an integrating committee that is required to be	2872
organized in accordance with division (A)(5) or (6) of section	2873
164.04 of the Revised Code shall be approved by its executive	2874
committee that is required to be established under division (A)(7)	2875
or (8) of that section. The affirmative vote of at least seven	2876
members of an executive committee established under division	2877
(A)(7) of section 164.04 of the Revised Code, or of at least nine	2878
members of an executive committee established under division	2879
(A)(8) of that section, is required for any action taken by an	2880
executive committee for purposes of division (B) of this section.	2881
A decision of an executive committee may be rejected by a vote of	2882
at least two-thirds of the full membership of the applicable	2883
integrating committee not later than thirty days after the	2884
executive committee action. If an executive committee is required	2885
under this division to prioritize applications under division (B)	2886
of this section, only applications that are approved by the	2887
executive committee may be submitted to the clean Ohio council for	2888
purposes of sections 122.65 to 122.659 of the Revised Code.	2889

(D) The clean Ohio council shall supply application forms to	2890
each integrating committee.	2891

Sec. 124.152. (A)(1) Except as provided in divisions (A)(2)	2892
and (3) of this section, each exempt employee shall be paid a	2893
salary or wage in accordance with schedule E-1 or schedule E-2 of	2894
division (B), (C), or (D) of this section, as applicable.	2895

(2) Each exempt employee who holds a position in the	2896
unclassified civil service pursuant to division (A)(26) or (30) of	2897
section 124.11 of the Revised Code may be paid a salary or wage in	2898
accordance with schedule E-1, schedule E-1 for step seven only, or	2899
schedule E-2 of division (B) or, (C), (D), (E), (F), or (G) of	2900
this section, as applicable.	2901

(3)(a) Except as provided in division (A)(3)(b) of this	2902
section, each exempt employee who was paid a salary or wage at	2903
step 7 in the employee's pay range on June 28, 2003, in accordance	2904
with the applicable schedule E-1 of former section 124.152 of the	2905
Revised Code and who continued to be so paid on June 29, 2003,	2906
shall be paid a salary or wage in the corresponding pay range in	2907
schedule E-1 for step seven only of division ~~(C)~~(E), (F), or (G)	2908
of this section, as applicable, for as long as the employee	2909
remains in the position the employee held as of July 1, 2003.	2910

(b) Except as provided in division (A)(3)(c) of this section,	2911
if an exempt employee who is being paid a salary or wage in	2912
accordance with schedule E-1 for step seven only of division	2913
~~(C)~~(E), (F), or (G) of this section, as applicable, moves to	2914
another position, the employee shall not receive a salary or wage	2915
for that position or any other position in the future in	2916
accordance with that schedule.	2917

(c) If an exempt employee who is being paid a salary or wage	2918
in accordance with schedule E-1 for step seven only of division	2919
~~(C)~~(E), (F), or (G) of this section, as applicable, moves to	2920
another position assigned to pay range 12 or above, the appointing	2921
authority ~~has the discretion to~~may assign the employee to be paid	2922
a salary or wage in the appropriate pay range for that position in	2923
accordance with the applicable schedule E-1 for step seven only,	2924
provided that the appointing authority so notifies the director of	2925
administrative services in writing at the time the employee is	2926
appointed to that position.	2927

(B) Beginning on the first day of the pay period that	2928
includes July 1, 2006, each exempt employee who must be paid in	2929
accordance with schedule E-1 or schedule E-2 of this section shall	2930
be paid a salary or wage in accordance with the following schedule	2931
of rates:	2932

Schedule E-1

2933

Pay Ranges and Step Values

2934

		Step	Step	Step	Step	Step	Step	2935
	Range	1	2	3	4	5	6	2936
1	Hourly	9.40	9.82	10.24	10.68			2937
	Annually	19552	20426	21299	22214			2938
2	Hourly	11.40	11.88	12.40	12.94			2939
	Annually	23712	24710	25792	26915			2940
3	Hourly	11.94	12.48	13.03	13.60			2941
	Annually	24835	25958	27102	28288			2942
4	Hourly	12.54	13.10	13.72	14.34			2943
	Annually	26083	27248	28538	29827			2944
5	Hourly	13.15	13.75	14.34	14.97			2945
	Annually	27352	28600	29827	31138			2946
6	Hourly	13.86	14.43	15.07	15.69			2947
	Annually	28829	30014	31346	32635			2948
7	Hourly	14.72	15.27	15.88	16.44	17.08		2949
	Annually	30618	31762	33030	34195	35526		2950
8	Hourly	15.56	16.24	16.95	17.71	18.46		2951
	Annually	32365	33779	35256	36837	38397		2952
9	Hourly	16.60	17.46	18.32	19.23	20.21		2953
	Annually	34528	36317	38106	39998	42037		2954
10	Hourly	17.91	18.89	19.90	21.05	22.18		2955
	Annually	37253	39291	41392	43784	46134		2956
11	Hourly	19.50	20.64	21.84	23.06	24.38		2957
	Annually	40560	42931	45427	47965	50710		2958
12	Hourly	21.51	22.72	23.94	25.27	26.68	28.13	2959
	Annually	44741	47258	49795	52562	55494	58510	2960
13	Hourly	23.71	25.01	26.39	27.80	29.36	30.96	2961
	Annually	49317	52021	54891	57824	61069	64397	2962
14	Hourly	26.08	27.55	29.03	30.62	32.35	34.15	2963
	Annually	54246	57304	60382	63690	67288	71032	2964
15	Hourly	28.64	30.25	31.96	33.72	35.59	37.55	2965
	Annually	59571	62920	66477	70138	74027	78104	2966
16	Hourly	31.58	33.33	35.17	37.14	39.19	41.43	2967
	Annually	65686	69326	73154	77251	81515	86174	2968
17	Hourly	34.80	36.72	38.78	40.92	43.20	45.61	2969
	Annually	72384	76378	80662	85114	89856	94869	2970
18	Hourly	38.35	40.47	42.75	45.10	47.60	50.26	2971
	Annually	79768	84178	88920	93808	99008	104541	2972

Schedule E-2

2973

	Range	Minimum	Maximum	2974
41	Hourly	16.23	34.77	2975
	Annually	33758	72322	2976
42	Hourly	17.89	38.41	2977
	Annually	37211	79893	2978
43	Hourly	19.70	42.30	2979
	Annually	40976	87984	2980
44	Hourly	21.73	46.21	2981
	Annually	45198	96117	2982
45	Hourly	24.01	50.44	2983
	Annually	49941	104915	2984
46	Hourly	26.43	55.13	2985
	Annually	54974	114670	2986
47	Hourly	29.14	60.16	2987
	Annually	60611	125133	2988
48	Hourly	32.14	65.65	2989
	Annually	66851	136552	2990
49	Hourly	35.44	70.89	2991
	Annually	73715	147451	2992

(C) Beginning on the first day of the pay period that	2993
includes July 1, 2007, each exempt employee who must be paid in	2994
accordance with schedule E-1 or schedule E-2 of this section shall	2995
be paid a salary or wage in accordance with the following schedule	2996
of rates:	2997

Schedule E-1

2998

Pay Ranges and Step Values

2999

		Step	Step	Step	Step	Step	Step	3000
	Range	1	2	3	4	5	6	3001
1	Hourly	9.73	10.16	10.60	11.05			3002
	Annually	20238	21133	22048	22984			3003
2	Hourly	11.80	12.30	12.83	13.39			3004
	Annually	24544	25584	26686	27851			3005
3	Hourly	12.36	12.92	13.49	14.08			3006
	Annually	25709	26874	28059	29286			3007
4	Hourly	12.98	13.56	14.20	14.84			3008
	Annually	26998	28205	29536	30867			3009
5	Hourly	13.61	14.23	14.84	15.49			3010
	Annually	28309	29598	30867	32219			3011
6	Hourly	14.35	14.94	15.60	16.24			3012
	Annually	29848	31075	32448	33779			3013
7	Hourly	15.24	15.80	16.44	17.02	17.68		3014
	Annually	31699	32864	34195	35402	36774		3015
8	Hourly	16.10	16.81	17.54	18.33	19.11		3016
	Annually	33488	34965	36483	38126	39749		3017
9	Hourly	17.18	18.07	18.96	19.90	20.92		3018
	Annually	35734	37586	39437	41392	43514		3019
10	Hourly	18.54	19.55	20.60	21.79	22.96		3020
	Annually	38563	40664	42848	45323	47757		3021
11	Hourly	20.18	21.36	22.60	23.87	25.23		3022
	Annually	41974	44429	47008	49650	52478		3023
12	Hourly	22.26	23.52	24.78	26.15	27.61	29.11	3024
	Annually	46301	48922	51542	54392	57429	60549	3025
13	Hourly	24.54	25.89	27.31	28.77	30.39	32.04	3026
	Annually	51043	53851	56805	59842	63211	66643	3027
14	Hourly	26.99	28.51	30.05	31.69	33.48	35.35	3028
	Annually	56139	59301	62504	65915	69638	73528	3029
15	Hourly	29.64	31.31	33.08	34.90	36.84	38.86	3030
	Annually	61651	65125	68806	72592	76627	80829	3031
16	Hourly	32.69	34.50	36.40	38.44	40.56	42.88	3032
	Annually	67995	71760	75712	79955	84365	89190	3033
17	Hourly	36.02	38.01	40.14	42.35	44.71	47.21	3034
	Annually	74922	79061	83491	88088	92997	98197	3035
18	Hourly	39.69	41.89	44.25	46.68	49.27	52.02	3036
	Annually	82555	87131	92040	97094	102482	108202	3037

Schedule E-2

3038

	Range	Minimum	Maximum	3039
41	Hourly	16.23	35.99	3040
	Annually	33758	74859	3041
42	Hourly	17.89	39.75	3042
	Annually	37211	82680	3043
43	Hourly	19.70	43.78	3044
	Annually	40976	91062	3045
44	Hourly	21.73	47.83	3046
	Annually	45198	99486	3047
45	Hourly	24.01	52.21	3048
	Annually	49941	108597	3049
46	Hourly	26.43	57.06	3050
	Annually	54974	118685	3051
47	Hourly	29.14	62.27	3052
	Annually	60611	129522	3053
48	Hourly	32.14	67.95	3054
	Annually	66851	141336	3055
49	Hourly	35.44	73.37	3056
	Annually	73715	152610	3057

(D) Beginning on the first day of the pay period that	3058
includes July 1, 2008, each exempt employee who must be paid in	3059
accordance with schedule E-1 or schedule E-2 of this section shall	3060
be paid a salary or wage in accordance with the following schedule	3061
of rates:	3062

Schedule E-1

3063

Pay Ranges and Step Values

3064

		Step	Step	Step	Step	Step	Step	3065
	Range	1	2	3	4	5	6	3066
1	Hourly	10.07	10.52	10.97	11.44			3067
	Annually	20946	21882	22818	23795			3068
2	Hourly	12.21	12.73	13.28	13.86			3069
	Annually	25397	26478	27622	28829			3070
3	Hourly	12.79	13.37	13.96	14.57			3071
	Annually	26603	27810	29037	30306			3072
4	Hourly	13.43	14.03	14.70	15.36			3073
	Annually	27934	29182	30576	31949			3074
5	Hourly	14.09	14.73	15.36	16.03			3075
	Annually	29307	30638	31949	33342			3076
6	Hourly	14.85	15.46	16.15	16.81			3077
	Annually	30888	32157	33592	34965			3078
7	Hourly	15.77	16.35	17.02	17.62	18.30		3079
	Annually	32802	34008	35402	36650	38064		3080
8	Hourly	16.66	17.40	18.15	18.97	19.78		3081
	Annually	34653	36192	37752	39458	41142		3082
9	Hourly	17.78	18.70	19.62	20.60	21.65		3083
	Annually	36982	38896	40810	42848	45032		3084
10	Hourly	19.19	20.23	21.32	22.55	23.76		3085
	Annually	39915	42078	44346	46904	49421		3086
11	Hourly	20.89	22.11	23.39	24.71	26.11		3087
	Annually	43451	45989	48651	51397	54309		3088
12	Hourly	23.04	24.34	25.65	27.07	28.58	30.13	3089
	Annually	47923	50627	53352	56306	59446	62670	3090
13	Hourly	25.40	26.80	28.27	29.78	31.45	33.16	3091
	Annually	52832	55744	58802	61942	65416	68973	3092
14	Hourly	27.93	29.51	31.10	32.80	34.65	36.59	3093
	Annually	58094	61381	64688	68224	72072	76107	3094
15	Hourly	30.68	32.41	34.24	36.12	38.13	40.22	3095
	Annually	63814	67413	71219	75130	79310	83658	3096
16	Hourly	33.83	35.71	37.67	39.79	41.98	44.38	3097
	Annually	70366	74277	78354	82763	87318	92310	3098
17	Hourly	37.28	39.34	41.54	43.83	46.27	48.86	3099
	Annually	77542	81827	86403	91166	96242	101629	3100
18	Hourly	41.08	43.36	45.80	48.31	50.99	53.84	3101
	Annually	85446	90189	95264	100485	106059	111987	3102

Schedule E-2

3103

	Range	Minimum	Maximum	3104
41	Hourly	16.23	37.25	3105
	Annually	33758	77480	3106
42	Hourly	17.89	41.14	3107
	Annually	37211	85571	3108
43	Hourly	19.70	45.31	3109
	Annually	40976	94245	3110
44	Hourly	21.73	49.50	3111
	Annually	45198	102960	3112
45	Hourly	24.01	54.04	3113
	Annually	49941	112403	3114
46	Hourly	26.43	59.06	3115
	Annually	54974	122845	3116
47	Hourly	29.14	64.45	3117
	Annually	60611	134056	3118
48	Hourly	32.14	70.33	3119
	Annually	66851	146286	3120
49	Hourly	35.44	75.94	3121
	Annually	73715	157955	3122

(E) Beginning on the first day of the pay period that	3123
includes July 1, 2006, each exempt employee who must be paid in	3124
accordance with schedule E-1 for step seven only shall be paid a	3125
salary or wage in accordance with the following schedule of rates:	3126

Schedule E-1 for Step Seven Only

3127

Pay Ranges and Step Seven Values

3128

	Range		3129
12	Hourly	29.68	3130
	Annually	61734	3131
13	Hourly	32.66	3132
	Annually	67933	3133
14	Hourly	36.01	3134
	Annually	74901	3135
15	Hourly	39.61	3136
	Annually	82389	3137
16	Hourly	43.70	3138
	Annually	90896	3139
17	Hourly	48.13	3140
	Annually	100110	3141
18	Hourly	53.02	3142
	Annually	110282	3143

~~(D)~~(F) Beginning on the first day of the pay period that	3144
includes July 1, 2007, each exempt employee who must be paid in	3145
accordance with schedule E-1 for step seven only shall be paid a	3146
salary or wage in accordance with the following schedule of rates:	3147

Schedule E-1 for Step Seven Only

3148

Pay Ranges and Step Values

3149

	Range		3150
12	Hourly	30.72	3151
	Annually	63898	3152
13	Hourly	33.80	3153
	Annually	70304	3154
14	Hourly	37.27	3155
	Annually	77522	3156
15	Hourly	41.00	3157
	Annually	85280	3158
16	Hourly	45.23	3159
	Annually	94078	3160
17	Hourly	49.81	3161
	Annually	103605	3162
18	Hourly	54.88	3163
	Annually	114150	3164

(G) Beginning on the first day of the pay period that	3165
includes July 1, 2008, each exempt employee who must be paid in	3166
accordance with salary schedule E-1 for step seven only shall be	3167
paid a salary or wage in accordance with the following schedule of	3168
rates:	3169

Schedule E-1 for Step Seven Only

3170

Pay Ranges and Step Values

3171

	Range		3172
12	Hourly	31.80	3173
	Annually	66144	3174
13	Hourly	34.98	3175
	Annually	72758	3176
14	Hourly	38.57	3177
	Annually	80226	3178
15	Hourly	42.44	3179
	Annually	88275	3180
16	Hourly	46.81	3181
	Annually	97365	3182
17	Hourly	51.55	3183
	Annually	107224	3184
18	Hourly	56.80	3185
	Annually	118144	3186

(H) As used in this section, "exempt employee" means a	3187
permanent full-time or permanent part-time employee paid directly	3188
by warrant of the director of budget and management whose position	3189
is included in the job classification plan established under	3190
division (A) of section 124.14 of the Revised Code but who is not	3191
considered a public employee for the purposes of Chapter 4117. of	3192
the Revised Code. As used in this section, "exempt employee" also	3193
includes a permanent full-time or permanent part-time employee of	3194
the secretary of state, auditor of state, treasurer of state, or	3195
attorney general who has not been placed in an appropriate	3196
bargaining unit by the state employment relations board.	3197

Sec. 125.01. As used in this chapter:

3198

(A) "Order" means a copy of a contract or a statement of the	3199
nature of a contemplated expenditure, a description of the	3200
property or supplies to be purchased or service to be performed,	3201
other than a service performed by officers and regular employees	3202
of the state, and per diem of the national guard, and the total	3203
sum of the expenditure to be made therefor, if the sum is fixed	3204
and ascertained, otherwise the estimated sum thereof, and an	3205
authorization to pay for the contemplated expenditure, signed by	3206
the person instructed and authorized to pay upon receipt of a	3207
proper invoice.	3208

(B) "Information technology" means technologies and services	3209
used for information processing, including, but not limited to,	3210
software, computing hardware, communications technologies, and	3211
related services.	3212

(C) "Invoice" means an itemized listing showing delivery of	3213
the supplies or performance of the service described in the order,	3214
and the date of the purchase or rendering of the service, or an	3215
itemization of the things done, material supplied, or labor	3216
furnished, and the sum due pursuant to the contract or obligation.	3217

~~(C)~~(D) "Products" means materials, manufacturer's supplies,	3218
merchandise, goods, wares, and foodstuffs.	3219

~~(D)~~(E) "Produced" means the manufacturing, processing,	3220
mining, developing, and making of a thing into a new article with	3221
a distinct character in use through the application of input,	3222
within the state, of Ohio products, labor, skill, or other	3223
services. "Produced" does not include the mere assembling or	3224
putting together of non-Ohio products or materials.	3225

~~(E)~~(F) "Ohio products" means products that are mined,	3226
excavated, produced, manufactured, raised, or grown in the state	3227
by a person where the input of Ohio products, labor, skill, or	3228
other services constitutes no less than twenty-five per cent of	3229
the manufactured cost. With respect to mined products, such	3230
products shall be mined or excavated in this state.	3231

~~(F)~~(G) "Purchase" means to buy, rent, lease, lease purchase,	3232
or otherwise acquire supplies or services. "Purchase" also	3233
includes all functions that pertain to the obtaining of supplies	3234
or services, including description of requirements, selection and	3235
solicitation of sources, preparation and award of contracts, all	3236
phases of contract administration, and receipt and acceptance of	3237
the supplies and services and payment for them.	3238

(H) "Purchasing authority" means the department of	3239
administrative services or the office of information technology as	3240
set forth in section 125.011 of the Revised Code.	3241

~~(G)~~(I) "Services" means the furnishing of labor, time, or	3242
effort by a person, not involving the delivery of a specific end	3243
product other than a report which, if provided, is merely	3244
incidental to the required performance. "Services" does not	3245
include services furnished pursuant to employment agreements or	3246
collective bargaining agreements.	3247

~~(H)~~(J) "Supplies" means all property, including, but not	3248
limited to, equipment, materials, other tangible assets, and	3249
insurance, but excluding real property or an interest in real	3250
property.	3251

~~(I)~~(K) "Competitive selection" means any of the following	3252
procedures for making purchases:	3253

(1) Competitive sealed bidding under section 125.07 of the	3254
Revised Code;	3255

(2) Competitive sealed proposals under section 125.071 of the	3256
Revised Code;	3257

(3) Reverse auctions under section 125.072 of the Revised	3258
Code.	3259

Sec. 125.011. Except for information technology supplies and	3260
services, the department of administrative services shall be the	3261
purchasing authority for all supplies and services for the	3262
purposes of and subject to the limitations of sections 125.01 to	3263
125.11, 125.15, and 125.25 of the Revised Code. The office of	3264
information technology shall be the purchasing authority for	3265
information technology supplies and services in accordance with	3266
section 126.17 of the Revised Code for the purposes of and subject	3267
to the limitations of sections 125.01 to 125.11, 125.15, and	3268
125.25 of the Revised Code. The department of administrative	3269
services and the office of information technology shall consult	3270
with each other to promote consistency when adopting any rules	3271
under sections 125.01 to 125.11, 125.15, and 125.25 of the Revised	3272
Code.	3273

Sec. 125.02. Except as to the adjutant general, the capital	3274
square review and advisory board, the department of rehabilitation	3275
and correction as specified in division (D) of section 125.04 of	3276
the Revised Code, the general assembly, the bureau of workers'	3277
compensation, and institutions administered by boards of trustees,	3278
~~the department of administrative services~~a purchasing authority	3279
may purchase supplies and services for the use of state agencies.	3280

So far as possible, the ~~department of administrative services~~	3281
purchasing authority shall make all purchases from the department	3282
of rehabilitation and correction in the exercise of the functions	3283
of the department of rehabilitation and correction in the	3284
management of state institutions.	3285

The ~~department of administrative services~~purchasing	3286
authority shall prescribe uniform rules governing forms of	3287
specifications, advertisements for proposals, the opening of bids,	3288
the making of awards and contracts, and the purchase of supplies	3289
and performance of work.	3290

Nothing in this section precludes the bureau from entering	3291
into a contract with ~~the department of administrative services~~a	3292
purchasing authority for the ~~department~~purchasing authority to	3293
purchase supplies, or services for the use of the bureau.	3294

Sec. 125.021. (A) ~~Except as to the military department, the~~	3295
~~general assembly, the bureau of workers' compensation, the~~	3296
~~industrial commission, and institutions administered by boards of~~	3297
~~trustees, the office of information technology may contract for,~~	3298
~~operate, and superintend telephone, other telecommunication, and~~	3299
~~computer services for state agencies. Nothing in this division~~	3300
~~precludes the bureau or the commission from contracting with the~~	3301
~~office to authorize the office to contract for, operate, or~~	3302
~~superintend those services for the bureau or the commission.~~	3303

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

3304

~~(a)~~(1) "Active duty" means active duty pursuant to an	3305
executive order of the president of the United States, an act of	3306
the congress of the United States, or section 5919.29 or 5923.21	3307
of the Revised Code.	3308

~~(b)~~(2) "Immediate family" means a person's spouse residing in	3309
the person's household, brothers and sisters of the whole or of	3310
the half blood, children, including adopted children and	3311
stepchildren, parents, and grandparents.	3312

~~(2)~~(B) The office of information technology may enter into a	3313
contract to purchase bulk long distance telephone services and	3314
make them available at cost, or may make bulk long distance	3315
telephone services available at cost under any existing contract	3316
the office has entered into, to members of the immediate family of	3317
persons deployed on active duty so that those family members can	3318
communicate with the persons so deployed. If the office enters	3319
into contracts under division (B)~~(2)~~ of this section, it shall do	3320
so in accordance with sections 125.01 to 125.11 of the Revised	3321
Code and in a nondiscriminatory manner that does not place any	3322
potential vendor at a competitive disadvantage.	3323

~~(3)~~(C) If the office decides to exercise either option under	3324
division (B)~~(2)~~ of this section, it shall adopt, and may amend,	3325
rules under Chapter 119. of the Revised Code to implement that	3326
division.	3327

Sec. 125.022. ~~The department of administrative services~~A	3328
purchasing authority may enter into cooperative purchasing	3329
agreements with one or more other states or groups of states or	3330
with any political subdivision of this state described in division	3331
(B) of section 125.04 of the Revised Code for the purpose of	3332
purchasing services or supplies produced from or containing	3333
recycled materials for the use of state agencies.	3334

Sec. 125.023. During the period of an emergency as defined	3335
in section 5502.21 of the Revised Code, the ~~department of~~	3336
~~administrative services~~purchasing authority may suspend, with	3337
regard to the emergency management agency established in section	3338
5502.22 of the Revised Code or any other state agency	3339
participating in recovery activities as defined in section 5502.21	3340
of the Revised Code, the purchasing and contracting requirements	3341
contained in sections 125.02 to 125.111 of the Revised Code and	3342
any of the requirements of Chapter 153. of the Revised Code that	3343
otherwise would apply to the agency. The director of public safety	3344
or the executive director of the emergency management agency shall	3345
make the request for the suspension of these requirements to the	3346
department of administrative services and the office of	3347
information technology concurrently with the request to the	3348
governor or the president of the United States for the declaration	3349
of an emergency. The governor also shall include in any	3350
proclamation the governor issues declaring an emergency language	3351
requesting the suspension of those requirements during the period	3352
of the emergency.	3353

Sec. 125.04. (A) Except as provided in division (D) of this	3354
section, the ~~department of administrative services~~purchasing	3355
authorities shall determine what supplies and services are	3356
purchased by or for state agencies. Whenever ~~the department of~~	3357
~~administrative services~~a purchasing authority makes any change or	3358
addition to the lists of supplies and services that it determines	3359
to purchase for state agencies, it shall provide a list to the	3360
agencies of the changes or additions and indicate when the	3361
~~department~~purchasing authority will be prepared to furnish each	3362
item listed. Except for the requirements of division (B) of	3363
section 125.11 of the Revised Code, sections 125.04 to 125.08 and	3364
125.09 to 125.15 of the Revised Code do not apply to or affect the	3365
educational institutions of the state. The ~~department~~purchasing	3366
authorities shall not include the bureau of workers' compensation	3367
in the lists of supplies, equipment, and services purchased and	3368
furnished by the ~~department~~purchasing authorities.	3369

Nothing in this division precludes the bureau from entering	3370
into a contract with the ~~department~~purchasing authorities for the	3371
~~department~~purchasing authorities to perform services relative to	3372
supplies, equipment, and services contained in this division for	3373
the bureau.	3374

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

3375

(a) "Emergency medical service organization" has the same	3376
meaning as in section 4765.01 of the Revised Code.	3377

(b) "Political subdivision" means any county, township,	3378
municipal corporation, school district, conservancy district,	3379
township park district, park district created under Chapter 1545.	3380
of the Revised Code, regional transit authority, regional airport	3381
authority, regional water and sewer district, or port authority.	3382
"Political subdivision" also includes any other political	3383
subdivision described in the Revised Code that has been approved	3384
by the department to participate in the department's contracts	3385
under this division.	3386

(c) "Private fire company" has the same meaning as in section	3387
9.60 of the Revised Code.	3388

(2) Subject to division (C) of this section, ~~the department~~	3389
~~of administrative services~~a purchasing authority may permit a	3390
political subdivision, county board of elections, private fire	3391
company, or private, nonprofit emergency medical service	3392
organization to participate in contracts into which the ~~department~~	3393
purchasing authority has entered for the purchase of supplies and	3394
services. The ~~department~~purchasing authority may charge the	3395
entity a reasonable fee to cover the administrative costs the	3396
~~department~~purchasing authority incurs as a result of	3397
participation by the entity in such a purchase contract.	3398

A political subdivision desiring to participate in such	3399
purchase contracts shall file with the ~~department~~purchasing	3400
authority a certified copy of an ordinance or resolution of the	3401
legislative authority or governing board of the political	3402
subdivision. The resolution or ordinance shall request that the	3403
political subdivision be authorized to participate in such	3404
contracts and shall agree that the political subdivision will be	3405
bound by such terms and conditions as the ~~department~~purchasing	3406
authority prescribes and that it will directly pay the vendor	3407
under each purchase contract. A board of elections desiring to	3408
participate in such purchase contracts shall file with the	3409
purchasing authority a written request for inclusion in the	3410
program. A private fire company or private, nonprofit emergency	3411
medical service organization desiring to participate in such	3412
purchase contracts shall file with the ~~department~~purchasing	3413
authority a written request for inclusion in the program signed by	3414
the chief officer of the company or organization. ~~The~~A request	3415
for inclusion shall include an agreement to be bound by such terms	3416
and conditions as the ~~department~~purchasing authority prescribes	3417
and to make direct payments to the vendor under each purchase	3418
contract.	3419

The ~~department~~purchasing authority shall include in its	3420
annual report an estimate of the cost it incurs by permitting	3421
political subdivisions, county boards of elections, private fire	3422
companies, and private, nonprofit emergency medical service	3423
organizations to participate in contracts pursuant to this	3424
division. The ~~department~~purchasing authority may require such	3425
entities to file a report with the ~~department~~purchasing	3426
authority, as often as it finds necessary, stating how many such	3427
contracts the entities participated in within a specified period	3428
of time, and any other information the ~~department~~purchasing	3429
authority requires.	3430

(3) Purchases made by a political subdivision or a county	3431
board of elections under this division are exempt from any	3432
competitive selection procedures otherwise required by law. No	3433
political subdivision shall make any purchase under this division	3434
when bids have been received for such purchase by the subdivision,	3435
unless such purchase can be made upon the same terms, conditions,	3436
and specifications at a lower price under this division.	3437

(C) A political subdivision as defined in division (B) of	3438
this section or a county board of elections may purchase supplies	3439
or services from another party, including ~~another~~a political	3440
subdivision, instead of through participation in contracts	3441
described in division (B) of this section if the political	3442
subdivision or county board of elections can purchase those	3443
supplies or services from the other party upon equivalent terms,	3444
conditions, and specifications but at a lower price than it can	3445
through those contracts. Purchases that a political subdivision or	3446
county board of elections makes under this division are exempt	3447
from any competitive selection procedures otherwise required by	3448
law. A political subdivision or county board of elections that	3449
makes any purchase under this division shall maintain sufficient	3450
information regarding the purchase to verify that the political	3451
subdivision or county board of elections satisfied the conditions	3452
for making a purchase under this division. Nothing in this	3453
division restricts any action taken by a county or township as	3454
authorized by division (A)(1) of section 9.48 of the Revised Code.	3455

(D) This section does not apply to supplies or services	3456
required by the legislative or judicial branches, ~~boards of~~	3457
~~elections,~~ the capitol square review and advisory board, the	3458
adjutant general, to supplies or services purchased by a state	3459
agency directly as provided in division (A) or (E) of section	3460
125.05 of the Revised Code, to purchases of supplies or services	3461
for the emergency management agency as provided in section 125.023	3462
of the Revised Code, or to purchases of supplies or services for	3463
the department of rehabilitation and correction in its operation	3464
of the program for the employment of prisoners established under	3465
section 5145.16 of the Revised Code that shall be made pursuant to	3466
rules adopted by the director of administrative services and the	3467
director of rehabilitation and correction in accordance with	3468
Chapter 119. of the Revised Code. The rules may provide for the	3469
exemption of the program for the employment of prisoners from the	3470
requirements of division (A) of this section.	3471

Sec. 125.041. Nothing in sections 125.02, 125.03 to 125.08,	3472
125.12 to 125.16, ~~125.18,~~ 125.31 to 125.76, or 125.831, or 126.17	3473
of the Revised Code shall be construed as limiting the attorney	3474
general, auditor of state, secretary of state, or treasurer of	3475
state in any of the following:	3476

(A) Purchases for less than the dollar amounts for the	3477
purchase of supplies or services determined pursuant to division	3478
(D) of section 125.05 of the Revised Code;	3479

(B) Purchases that equal or exceed the dollar amounts for the	3480
purchase of supplies or services determined pursuant to division	3481
(D) of section 125.05 of the Revised Code with the approval of the	3482
controlling board, if that approval is required by section 127.16	3483
of the Revised Code;	3484

(C) The final determination of the nature or quantity making	3485
any purchase of supplies or services to be purchased pursuant to	3486
section 125.06 of the Revised Code;	3487

(D) The final determination and disposal of excess and	3488
surplus supplies;	3489

(E) The inventory of state property;

3490

(F) The purchase of printing;

3491

(G) Activities related to information technology development	3492
and use;	3493

(H) The fleet management program.

3494

Sec. 125.05. Except as provided in division (E) of this	3495
section, no state agency shall purchase any supplies or services	3496
except as provided in divisions (A) to (C) of this section.	3497

(A) Subject to division (D) of this section, a state agency	3498
may, without competitive selection, make any purchase of services	3499
that cost fifty thousand dollars or less or any purchase of	3500
supplies that cost twenty-five thousand dollars or less. The	3501
agency, at its determination, may make the purchase directly or	3502
may make the purchase from or through the ~~department of~~	3503
~~administrative services, whichever the agency determines~~proper	3504
purchasing authority. The ~~department~~purchasing authority shall	3505
establish written procedures to assist state agencies when they	3506
make direct purchases. If the agency makes the purchase directly,	3507
it shall make the purchase by a term contract whenever possible.	3508

(B) Subject to division (D) of this section, a state agency	3509
wanting to purchase services that cost more than fifty thousand	3510
dollars or supplies that cost more than twenty-five thousand	3511
dollars shall, unless otherwise authorized by law, make the	3512
purchase from or through the ~~department~~proper purchasing	3513
authority. The ~~department~~purchasing authority shall make the	3514
purchase by competitive selection under section 125.07 of the	3515
Revised Code. If the ~~director of administrative services~~	3516
purchasing authority determines that it is not possible or not	3517
advantageous to the state for the ~~department~~purchasing authority	3518
to make the purchase, the ~~department~~purchasing authority shall	3519
grant the agency a release and permit under section 125.06 of the	3520
Revised Code to make the purchase. Section 127.16 of the Revised	3521
Code does not apply to purchases the ~~department~~purchasing	3522
authority makes under this section.	3523

(C) An agency that has been granted a release and permit to	3524
make a purchase may make the purchase without competitive	3525
selection if after making the purchase the cumulative purchase	3526
threshold as computed under division (F) of section 127.16 of the	3527
Revised Code would:	3528

(1) Be exceeded and the controlling board approves the	3529
purchase;	3530

(2) Not be exceeded and the ~~department of administrative~~	3531
~~services~~purchasing authority approves the purchase.	3532

(D) Not later than January 31, 1997, the amounts specified in	3533
divisions (A) and (B) of this section and, not later than the	3534
thirty-first day of January of each second year thereafter, any	3535
amounts computed by adjustments made under this division, shall be	3536
increased or decreased by the average percentage increase or	3537
decrease in the consumer price index prepared by the United States	3538
bureau of labor statistics (U.S. City Average for Urban Wage	3539
Earners and Clerical Workers: "All Items 1982-1984=100") for the	3540
twenty-four calendar month period prior to the immediately	3541
preceding first day of January over the immediately preceding	3542
twenty-four calendar month period, as reported by the bureau. The	3543
director of administrative services shall make this determination	3544
and adjust the appropriate amounts accordingly.	3545

(E) If the eTech Ohio commission, the department of	3546
education, or the Ohio education computer network determines that	3547
it can purchase software services or supplies for specified school	3548
districts at a price less than the price for which the districts	3549
could purchase the same software services or supplies for	3550
themselves, the commission, department, or network shall certify	3551
that fact to the ~~department of administrative services~~office of	3552
information technology and, acting as an agent for the specified	3553
school districts, shall make that purchase without following the	3554
provisions in divisions (A) to (D) of this section.	3555

Sec. 125.06. ~~The department of administrative services~~A	3556
purchasing authority may, pursuant to division (B) of section	3557
125.05 of the Revised Code and subject to such rules as the	3558
~~director of administrative services~~particular purchasing	3559
authority may adopt, issue a release and permit to the agency to	3560
secure supplies or services. A release and permit shall specify	3561
the supplies or services to which it applies, the time during	3562
which it is operative, and the reason for its issuance. A release	3563
and permit for ~~computer services~~information technology services	3564
shall also specify the type of services to be rendered, the number	3565
and type of machines to be employed, and may specify the amount of	3566
such services to be performed. One copy of every release and	3567
permit shall be filed with the agency to which it is issued, and	3568
one copy shall be retained by the ~~department~~purchasing authority.	3569

Sec. 125.07. ~~The department of administrative services~~A	3570
purchasing authority, in making a purchase by competitive	3571
selection pursuant to division (B) of section 125.05 of the	3572
Revised Code, shall give notice in the following manner:	3573

(A) The ~~department~~purchasing authority shall advertise the	3574
intended purchases by notice that is posted by mail or electronic	3575
means and that is for the benefit of competing persons producing	3576
or dealing in the supplies or services to be purchased, including,	3577
but not limited to, the persons whose names appear on the	3578
appropriate list provided for in section 125.08 of the Revised	3579
Code. The notice may be in the form of the bid or proposal	3580
document or of a listing in a periodic bulletin, or in any other	3581
form the ~~director of administrative services~~purchasing authority	3582
considers appropriate to sufficiently notify qualified competing	3583
persons of the intended purchases.	3584

(B) The notice required under division (A) of this section	3585
shall include the time and place where bids or proposals will be	3586
accepted and opened, or, when bids are made in a reverse auction,	3587
the time when bids will be accepted; the conditions under which	3588
bids or proposals will be received; the terms of the proposed	3589
purchases; and an itemized list of the supplies or services to be	3590
purchased and the estimated quantities or amounts of them.	3591

(C) The posting of the notice required under division (A) of	3592
this section shall be completed by the number of days the ~~director~~	3593
purchasing authority determines preceding the day when the bids or	3594
proposals will be opened or accepted.	3595

(D) The ~~department~~purchasing authority also shall maintain,	3596
in a public place in its office, a bulletin board upon which it	3597
shall post and maintain a copy of the notice required under	3598
division (A) of this section for at least the number of days the	3599
~~director~~purchasing authority determines under division (C) of	3600
this section preceding the day of the opening or acceptance of the	3601
bids or proposals. The failure to so additionally post the notice	3602
shall invalidate all proceedings had and any contract entered into	3603
pursuant to the proceedings.	3604

Sec. 125.071. (A) In accordance with rules the ~~director of~~	3605
~~administrative services~~purchasing authority shall adopt, the	3606
~~director~~purchasing authority may make purchases by competitive	3607
sealed proposal whenever the ~~director~~purchasing authority	3608
determines that the use of competitive sealed bidding is not	3609
possible or not advantageous to the state.	3610

(B) Proposals shall be solicited through a request for	3611
proposals. The request for proposals shall state the relative	3612
importance of price and other evaluation factors. Notice of the	3613
request for proposals shall be given in accordance with rules the	3614
director shall adopt.	3615

(C) Proposals shall be opened so as to avoid disclosure of	3616
contents to competing offerors.	3617

In order to ensure fair and impartial evaluation, proposals	3618
and related documents submitted in response to a request for	3619
proposals are not available for public inspection and copying	3620
under section 149.43 of the Revised Code until after the award of	3621
the contract.	3622

(D) As provided in the request for proposals, and under rules	3623
the ~~director~~purchasing authority shall adopt, discussions may be	3624
conducted with responsible offerors who submit proposals	3625
determined to be reasonably susceptible of being selected for	3626
award for the purpose of ensuring full understanding of, and	3627
responsiveness to, solicitation requirements. Offerors shall be	3628
accorded fair and equal treatment with respect to any opportunity	3629
for discussion regarding any clarification, correction, or	3630
revision of proposals. No disclosure of any information derived	3631
from proposals submitted by competing offerors shall occur when	3632
discussions are conducted.	3633

(E) Award may be made to the offeror whose proposal is	3634
determined to be the most advantageous to this state, taking into	3635
consideration factors such as price and the evaluation criteria	3636
set forth in the request for proposals. The contract file shall	3637
contain the basis on which the award is made.	3638

Sec. 125.072. (A) As used in this section, "reverse auction"	3639
means a purchasing process in which offerors submit bids in	3640
competing to sell services or supplies in an open environment via	3641
the internet.	3642

(B) Whenever ~~the director of administrative services~~a	3643
purchasing authority determines that the use of a reverse auction	3644
is advantageous to the state, the ~~director~~purchasing authority,	3645
in accordance with rules the ~~director~~purchasing authority shall	3646
adopt, may purchase services or supplies by reverse auction.	3647

(C) The ~~director~~purchasing authority, by rule, may authorize	3648
a state agency that is authorized to purchase services or supplies	3649
directly to purchase them by reverse auction in the same manner as	3650
this section and the rules adopted under this section authorize	3651
the ~~director~~purchasing authority to do so.	3652

Sec. 125.073. (A) The ~~department of administrative services~~	3653
purchasing authorities shall actively promote and accelerate the	3654
use of electronic procurement, including reverse auctions as	3655
defined by section 125.072 of the Revised Code, by implementing	3656
the relevant recommendations concerning electronic procurement	3657
from the "2000 Management Improvement Commission Report to the	3658
Governor" when exercising its statutory powers.	3659

(B) Beginning July 1, 2004, the department of administrative	3660
services shall annually on or before the first day of July report	3661
to the committees in each house of the general assembly dealing	3662
with finance indicating the effectiveness of electronic	3663
procurement. Beginning July 1, 2008, the office of information	3664
technology shall annually on or before the last day of December,	3665
report to the committees in each house of the general assembly	3666
dealing with finance indicating the effectiveness during the prior	3667
fiscal year of electronic procurement of information technology	3668
supplies and services.	3669

Sec. 125.08. (A) The department of administrative services	3670
may divide the state into purchasing districts wherein supplies or	3671
services are to be delivered and shall describe those districts on	3672
all applications for the notification list provided for in this	3673
section.	3674

Any person may have that person's name and address, or the	3675
name and address of an agent, placed on the competitive selection	3676
notification list of the department of administrative services by	3677
sending to the department the person's name and address, together	3678
with a list of the supplies or services described in the manner	3679
prescribed by the department produced or dealt in by the person	3680
with a request for such listing, a list of the districts in which	3681
the person desires to participate, and all other information the	3682
director of administrative services may prescribe. The director of	3683
administrative services shall provide the lists to the office of	3684
information technology. Whenever any name and address together	3685
with a list of the supplies or services produced or dealt in is so	3686
listed, the ~~department~~purchasing authorities shall post notice,	3687
as provided in division (A) of section 125.07 of the Revised Code,	3688
for the benefit of the persons listed on the notification list	3689
that are qualified Ohio business enterprises, which shall include	3690
Ohio penal industries as defined by rule of the director of	3691
administrative services, or have a significant Ohio presence in	3692
this state's economy, except that, in those circumstances in which	3693
the ~~director~~purchasing authority considers it in the best	3694
interest of this state, the ~~director~~purchasing authority shall	3695
post notice, as provided in division (A) of section 125.07 of the	3696
Revised Code, for the benefit of all persons listed on the	3697
notification list. The ~~department~~purchasing authority need only	3698
provide competitive selection documents for a proposed contract to	3699
persons who specifically request the documents.	3700

The director may remove a person from the notification list	3701
and place the person on an inactive list if the person fails to	3702
respond to any notices of proposed purchases that appear in four	3703
consecutive bulletins or other forms of notification that list	3704
those notices. Upon written request to the director by the person	3705
so removed, the director may return the person to the notification	3706
list if the person provides sufficient evidence regarding intent	3707
to offer bids or proposals to the state. The director shall not	3708
remove any person from the list without notice to the person. The	3709
notice may be a part of the notices of proposed purchase.	3710

(B) Any person who is certified by the equal employment	3711
opportunity coordinator of the department of administrative	3712
services in accordance with the rules adopted under division	3713
(B)(1) of section 123.151 of the Revised Code as a minority	3714
business enterprise may have that person's name placed on a	3715
special minority business enterprise notification list to be used	3716
in connection with contracts awarded under section 125.081 of the	3717
Revised Code. The minority business enterprise notification list	3718
shall be used for bidding on contracts set aside for minority	3719
business enterprises only. In all other respects, the list shall	3720
be maintained and used in the same manner and according to the	3721
same procedures as the notification list provided for under	3722
division (A) of this section, except that a firm shall not be	3723
removed from the list unless the coordinator determines that the	3724
firm is no longer a minority business enterprise. A minority	3725
business enterprise may have its name placed on both the	3726
notification lists provided for in this section.	3727

(C) The director of administrative services may require an	3728
annual registration fee for the listings provided for in division	3729
(A) or (B) of this section. This fee shall not be more than ten	3730
dollars. The department may charge a fee for any compilation of	3731
descriptions of supplies or services. This fee shall be	3732
reasonable and shall not exceed the cost required to maintain the	3733
notification lists and provide for the distribution of the	3734
proposed purchase to the persons whose names appear on the lists.	3735

Sec. 125.081. (A) From the purchases that the ~~department of~~	3736
~~administrative services is~~purchasing authorities are required by	3737
law to make through competitive selection, ~~the director of~~	3738
~~administrative services~~each purchasing authority shall select a	3739
number of such purchases, the aggregate value of which equals	3740
approximately fifteen per cent of the estimated total value of all	3741
such purchases to be made in the current fiscal year. The ~~director~~	3742
purchasing authority shall set aside the purchases selected for	3743
competition only by minority business enterprises, as defined in	3744
division (E)(1) of section 122.71 of the Revised Code. The	3745
competitive selection procedures for such purchases set aside	3746
shall be the same as for all other purchases the ~~department~~	3747
purchasing authority is required to make through competitive	3748
selection, except that only minority business enterprises	3749
certified by the equal employment opportunity coordinator of the	3750
department of administrative services in accordance with the rules	3751
adopted under division (B)(1) of section 123.151 of the Revised	3752
Code and listed by the director under division (B) of section	3753
125.08 of the Revised Code shall be qualified to compete.	3754

(B) To the extent that any agency of the state, other than	3755
the department of administrative services, the office of	3756
information technology, the legislative and judicial branches,	3757
boards of elections, and the adjutant general, is authorized to	3758
make purchases, the agency shall set aside a number of purchases,	3759
the aggregate value of which equals approximately fifteen per cent	3760
of the aggregate value of such purchases for the current fiscal	3761
year for competition by minority business enterprises only. The	3762
procedures for such purchases shall be the same as for all other	3763
such purchases made by the agency, except that only minority	3764
business enterprises certified by the equal employment opportunity	3765
coordinator in accordance with rules adopted under division (B)(1)	3766
of section 123.151 of the Revised Code shall be qualified to	3767
compete.	3768

(C) In the case of purchases set aside under division (A) or	3769
(B) of this section, if no bid is submitted by a minority business	3770
enterprise, the purchase shall be made according to usual	3771
procedures. The contracting agency shall from time to time set	3772
aside such additional purchases for which only minority business	3773
enterprises may compete, as are necessary to replace those	3774
purchases previously set aside for which no minority business	3775
enterprises bid and to ensure that, in any fiscal year, the	3776
aggregate amount of contracts awarded to minority business	3777
enterprises will equal approximately fifteen per cent of the total	3778
amount of contracts awarded by the agency.	3779

(D) The provisions of this section shall not preclude any	3780
minority business enterprise from competing for any other state	3781
purchases that are not specifically set aside for minority	3782
business enterprises.	3783

(E) No funds of any state agency shall be expended in any	3784
fiscal year for any purchase for which competitive selection is	3785
required, until the ~~director of the department of administrative~~	3786
~~services certifies~~purchasing authorities certify to the equal	3787
employment opportunity coordinator, the clerk of the senate, and	3788
the clerk of the house of representatives of the general assembly	3789
that approximately fifteen per cent of the aggregate amount of the	3790
projected expenditure for such purchases in the fiscal year has	3791
been set aside as provided for in this section.	3792

(F) Any person who intentionally misrepresents self as	3793
owning, controlling, operating, or participating in a minority	3794
business enterprise for the purpose of obtaining contracts,	3795
subcontracts, or any other benefits under this section shall be	3796
guilty of theft by deception as provided for in section 2913.02 of	3797
the Revised Code.	3798

Sec. 125.082. (A) When purchasing equipment, materials, or	3799
supplies, the general assembly; the offices of all elected state	3800
officers; all departments, boards, offices, commissions, agencies,	3801
institutions, including, without limitation, state-supported	3802
institutions of higher education, and other instrumentalities of	3803
this state; the supreme court; all courts of appeals; and all	3804
courts of common pleas, may purchase recycled products in	3805
accordance with the guidelines adopted under division (B) of this	3806
section if the products are available and meet the performance	3807
specifications of the procuring entities. Purchases of recycled	3808
products shall comply with any rules adopted under division (C) of	3809
this section.	3810

(B) The ~~director of administrative services~~purchasing	3811
authorities shall adopt rules in accordance with Chapter 119. of	3812
the Revised Code establishing guidelines for the procurement of	3813
recycled products pursuant to division (A) of this section. To the	3814
extent practicable, the guidelines shall do all of the following:	3815

(1) Be consistent with and substantially equivalent to any	3816
relevant regulations adopted by the administrator of the United	3817
States environmental protection agency pursuant to the "Resource	3818
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	3819
6921, as amended;	3820

(2) Establish the minimum percentage of recycled materials	3821
the various products shall contain in order to be considered	3822
"recycled" for the purposes of division (A) of this section;	3823

(3) So far as practicable and economically feasible,	3824
incorporate specifications for recycled-content materials to	3825
promote the use and purchase of recycled products by state	3826
agencies.	3827

(C) The ~~director~~purchasing authorities may adopt rules in	3828
accordance with Chapter 119. of the Revised Code establishing a	3829
maximum percentage by which the cost of recycled products	3830
purchased under division (A) of this section may exceed the cost	3831
of comparable products made of virgin materials.	3832

(D) The department of administrative services, the office of	3833
information technology, and the department of natural resources	3834
annually shall prepare and submit to the governor, president of	3835
the senate, and speaker of the house of representatives a report	3836
that describes, so far as practicable, the value and types of	3837
recycled products that are purchased with moneys disbursed from	3838
the state treasury by the general assembly; the offices of all	3839
elected state officers; and all departments, boards, offices,	3840
commissions, agencies, and institutions of this state.	3841

Sec. 125.09. (A) Pursuant to section 125.07 of the Revised	3842
Code, ~~the department of administrative services~~a purchasing	3843
authority may prescribe such conditions under which competitive	3844
sealed bids will be received and terms of the proposed purchase as	3845
it considers necessary; provided, that all such conditions and	3846
terms shall be reasonable and shall not unreasonably restrict	3847
competition, and bidders may bid upon all or any item of the	3848
supplies or services listed in such notice. Those bidders claiming	3849
the preference for United States and Ohio products outlined in	3850
this chapter shall designate in their bids either that the product	3851
to be supplied is an Ohio product or that under the rules	3852
established by the ~~director of administrative services~~purchasing	3853
authority they qualify as having a significant Ohio economic	3854
presence.	3855

(B) The ~~department~~purchasing authority may require that each	3856
bidder provide sufficient information about the energy efficiency	3857
or energy usage of the bidder's product or service.	3858

(C) The ~~director of administrative services~~purchasing	3859
authority shall, by rule adopted pursuant to Chapter 119. of the	3860
Revised Code, prescribe criteria and procedures for use by all	3861
state agencies in giving preference to United States and Ohio	3862
products as required by division (B) of section 125.11 of the	3863
Revised Code. The rules shall extend to:	3864

(1) Criteria for determining that a product is produced or	3865
mined in the United States rather than in another country or	3866
territory;	3867

(2) Criteria for determining that a product is produced or	3868
mined in Ohio;	3869

(3) Information to be submitted by bidders as to the nature	3870
of a product and the location where it is produced or mined;	3871

(4) Criteria and procedures to be used by the ~~director~~	3872
purchasing authorities to qualify bidders located in states	3873
bordering Ohio who might otherwise be excluded from being awarded	3874
a contract by operation of this section and section 125.11 of the	3875
Revised Code. The criteria and procedures shall recognize the	3876
level and regularity of interstate commerce between Ohio and the	3877
border states and provide that the non-Ohio businesses may qualify	3878
for award of a contract as long as they are located in a state	3879
that imposes no greater restrictions than are contained in this	3880
section and section 125.11 of the Revised Code upon persons	3881
located in Ohio selling products or services to agencies of that	3882
state. The criteria and procedures shall also provide that a	3883
non-Ohio business shall not bid on a contract for state printing	3884
in this state if the business is located in a state that excludes	3885
Ohio businesses from bidding on state printing contracts in that	3886
state.	3887

(5) Criteria and procedures to be used to qualify bidders	3888
whose manufactured products, except for mined products, are	3889
produced in other states or in North America, but the bidders have	3890
a significant Ohio economic presence in terms of the number of	3891
employees or capital investment a bidder has in this state.	3892
Bidders with a significant Ohio economic presence shall qualify	3893
for award of a contract on the same basis as if their products	3894
were produced in this state.	3895

(6) Criteria and procedures for the ~~director~~purchasing	3896
authority to grant waivers of the requirements of division (B) of	3897
section 125.11 of the Revised Code on a contract-by-contract basis	3898
where compliance with those requirements would result in the state	3899
agency paying an excessive price for the product or acquiring a	3900
disproportionately inferior product;	3901

(7) Such other requirements or procedures reasonably	3902
necessary to implement the system of preferences established	3903
pursuant to division (B) of section 125.11 of the Revised Code.	3904

In adopting the rules required under this division, the	3905
~~director~~purchasing authority shall, to the maximum extent	3906
possible, conform to the requirements of the federal "Buy America	3907
Act," 47 Stat. 1520, (1933), 41 U.S.C.A. 10a-10d, as amended, and	3908
to the regulations adopted thereunder.	3909

Sec. 125.10. (A) ~~The department of administrative services~~A	3910
purchasing authority may require that all competitive sealed bids,	3911
competitive sealed proposals, and bids received in a reverse	3912
auction be accompanied by a performance bond or other cash surety	3913
acceptable to the ~~director of administrative services~~purchasing	3914
authority, in the sum and with the sureties it prescribes, payable	3915
to the state, and conditioned that the person submitting the bid	3916
or proposal, if that person's bid or proposal is accepted, will	3917
faithfully execute the terms of the contract and promptly make	3918
deliveries of the supplies purchased.	3919

(B) A sealed copy of each competitive sealed bid or	3920
competitive sealed proposal shall be filed with the ~~department~~	3921
purchasing authority prior to the time specified in the notice for	3922
opening of the bids or proposals. All competitive sealed bids and	3923
competitive sealed proposals shall be publicly opened in the	3924
office of the ~~department~~purchasing authority at the time	3925
specified in the notice. A representative of the auditor of state	3926
shall be present at the opening of all competitive sealed bids and	3927
competitive sealed proposals, and shall certify the opening of	3928
each competitive sealed bid and competitive sealed proposal. No	3929
competitive sealed bid or competitive sealed proposal shall be	3930
considered valid unless it is so certified.	3931

Sec. 125.11. (A) Subject to division (B) of this section,	3932
contracts awarded pursuant to a reverse auction under section	3933
125.072 of the Revised Code or pursuant to competitive sealed	3934
bidding, including contracts awarded under section 125.081 of the	3935
Revised Code, shall be awarded to the lowest responsive and	3936
responsible bidder on each item in accordance with section 9.312	3937
of the Revised Code. When the contract is for meat products as	3938
defined in section 918.01 of the Revised Code or poultry products	3939
as defined in section 918.21 of the Revised Code, only those bids	3940
received from vendors offering products from establishments on the	3941
current list of meat and poultry vendors established and	3942
maintained by the director of administrative services under	3943
section 125.17 of the Revised Code shall be eligible for	3944
acceptance. The ~~department of administrative services~~purchasing	3945
authority may accept or reject any or all bids in whole or by	3946
items, except that when the contract is for services or products	3947
available from a qualified nonprofit agency pursuant to sections	3948
125.60 to 125.6012 or 4115.31 to 4115.35 of the Revised Code, the	3949
contract shall be awarded to that agency.	3950

(B) Prior to awarding a contract under division (A) of this	3951
section, the ~~department of administrative services~~purchasing	3952
authority or the state agency responsible for evaluating a	3953
contract for the purchase of products shall evaluate the bids	3954
received according to the criteria and procedures established	3955
pursuant to divisions (C)(1) and (2) of section 125.09 of the	3956
Revised Code for determining if a product is produced or mined in	3957
the United States and if a product is produced or mined in this	3958
state. The ~~department~~purchasing authority or other state agency	3959
shall first remove bids that offer products that have not been or	3960
that will not be produced or mined in the United States. From	3961
among the remaining bids, the ~~department~~purchasing authority or	3962
other state agency shall select the lowest responsive and	3963
responsible bid, in accordance with section 9.312 of the Revised	3964
Code, from among the bids that offer products that have been	3965
produced or mined in this state where sufficient competition can	3966
be generated within this state to ensure that compliance with	3967
these requirements will not result in an excessive price for the	3968
product or acquiring a disproportionately inferior product. If	3969
there are two or more qualified bids that offer products that have	3970
been produced or mined in this state, it shall be deemed that	3971
there is sufficient competition to prevent an excessive price for	3972
the product or the acquiring of a disproportionately inferior	3973
product.	3974

(C) Division (B) of this section applies to contracts for	3975
which competitive bidding is waived by the controlling board.	3976

(D) Division (B) of this section does not apply to the	3977
purchase by the division of liquor control of spirituous liquor.	3978

(E) The director of administrative services shall publish in	3979
the form of a model act for use by counties, townships, municipal	3980
corporations, or any other political subdivision described in	3981
division (B) of section 125.04 of the Revised Code, a system of	3982
preferences for products mined and produced in this state and in	3983
the United States and for Ohio-based contractors. The model act	3984
shall reflect substantial equivalence to the system of preferences	3985
in purchasing and public improvement contracting procedures under	3986
which the state operates pursuant to this chapter and section	3987
153.012 of the Revised Code. To the maximum extent possible,	3988
consistent with the Ohio system of preferences in purchasing and	3989
public improvement contracting procedures, the model act shall	3990
incorporate all of the requirements of the federal "Buy America	3991
Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and	3992
the rules adopted under that act.	3993

Before and during the development and promulgation of the	3994
model act, the director shall consult with appropriate statewide	3995
organizations representing counties, townships, and municipal	3996
corporations so as to identify the special requirements and	3997
concerns these political subdivisions have in their purchasing and	3998
public improvement contracting procedures. The director shall	3999
promulgate the model act by rule adopted pursuant to Chapter 119.	4000
of the Revised Code and shall revise the act as necessary to	4001
reflect changes in this chapter or section 153.012 of the Revised	4002
Code.	4003

The director shall make available copies of the model act,	4004
supporting information, and technical assistance to any township,	4005
county, or municipal corporation wishing to incorporate the	4006
provisions of the act into its purchasing or public improvement	4007
contracting procedure.	4008

Sec. 125.15. All state agencies required to secure any	4009
equipment, materials, supplies, or services from ~~the department of~~	4010
~~administrative services~~a purchasing authority shall make	4011
acquisition in the manner and upon forms prescribed by ~~the~~	4012
~~director of administrative services~~that purchasing authority and	4013
shall reimburse the ~~department~~purchasing authority for the	4014
equipment, materials, supplies, or services, including a	4015
reasonable sum to cover ~~the department's~~ administrative costs and	4016
costs relating to energy efficiency and conservation programs,	4017
whenever reimbursement is required by the ~~department~~purchasing	4018
authority. The money so paid shall be deposited in the state	4019
treasury to the credit of the general services fund for use by the	4020
department of administrative services or the information	4021
technology fund for use by the office of information technology,	4022
as appropriate. Those funds are hereby created.	4023

Sec. 125.25. (A) ~~The director of administrative services~~A	4024
purchasing authority may debar a vendor from consideration for	4025
contract awards upon a finding based upon a reasonable belief that	4026
the vendor has done any of the following:	4027

(1) Abused the selection process by repeatedly withdrawing	4028
bids or proposals before purchase orders or contracts are issued	4029
or failing to accept orders based upon firm bids;	4030

(2) Failed to substantially perform a contract according to	4031
its terms, conditions, and specifications within specified time	4032
limits;	4033

(3) Failed to cooperate in monitoring contract performance by	4034
refusing to provide information or documents required in a	4035
contract, failed to respond to complaints to the vendor, or	4036
accumulated repeated justified complaints regarding performance of	4037
a contract;	4038

(4) Attempted to influence a public employee to breach	4039
ethical conduct standards or to influence a contract award;	4040

(5) Colluded to restrain competition by any means;

4041

(6) Been convicted of a criminal offense related to the	4042
application for or performance of any public or private contract,	4043
including, but not limited to, embezzlement, theft, forgery,	4044
bribery, falsification or destruction of records, receiving stolen	4045
property, and any other offense that directly reflects on the	4046
vendor's business integrity;	4047

(7) Been convicted under state or federal antitrust laws;

4048

(8) Deliberately or willfully submitted false or misleading	4049
information in connection with the application for or performance	4050
of a public contract;	4051

(9) Violated any other responsible business practice or	4052
performed in an unsatisfactory manner as determined by ~~the~~	4053
~~director~~a purchasing authority;	4054

(10) Through the default of a contract or through other means	4055
had a determination of unresolved finding for recovery by the	4056
auditor of state under section 9.24 of the Revised Code;	4057

(11) Acted in such a manner as to be debarred from	4058
participating in a contract with any governmental agency.	4059

(B) When ~~the director~~a purchasing authority reasonably	4060
believes that grounds for debarment exist, the ~~director~~purchasing	4061
authority shall send the vendor a notice of proposed debarment	4062
indicating the grounds for the proposed debarment and the	4063
procedure for requesting a hearing on the proposed debarment. The	4064
hearing shall be conducted in accordance with Chapter 119. of the	4065
Revised Code. If the vendor does not respond with a request for a	4066
hearing in the manner specified in Chapter 119. of the Revised	4067
Code, the ~~director~~purchasing authority shall issue the debarment	4068
decision without a hearing and shall notify the vendor of the	4069
decision by certified mail, return receipt requested.	4070

(C) The ~~director~~purchasing authority shall determine the	4071
length of the debarment period and may rescind the debarment at	4072
any time upon notification to the vendor. During the period of	4073
debarment, the vendor is not eligible to participate in any state	4074
contract. After the debarment period expires, the vendor shall be	4075
eligible to be awarded contracts by state agencies.	4076

(D) The ~~director, through the~~ office of information	4077
technology and the ~~office of procurement~~department of	4078
administrative services, shall maintain a list of all vendors	4079
currently debarred under this section.	4080

Sec. 125.45. The department of administrative services shall	4081
maintain facilities to perform office reproduction services for	4082
all boards, commissions, or departments except for the bureau of	4083
workers' compensation. Upon written application to the department	4084
of administrative services, permission may be granted to a board,	4085
commission, or department to perform such services outside the	4086
central facility and such permission shall state the extent of the	4087
services which the department, board, or commission shall perform.	4088

Office reproduction services using stencils, masters, or	4089
plates are restricted to duplicating equipment not larger than	4090
seventeen by twenty-two inches. Not to exceed five thousand press	4091
impressions shall be produced of any such order except that up to	4092
one thousand production copies may be produced of any item	4093
consisting of multiple pages and except that over five thousand,	4094
but not more than ten thousand, press impressions may be produced	4095
if the director of administrative services determines that there	4096
is an emergency due to the timing of service delivery or another	4097
factor that may cause financial hardship to the state.	4098

Nothing in this section precludes the bureau from entering	4099
into a contract with the department of administrative services for	4100
the department to perform office reproduction services for the	4101
bureau.	4102

~~Neither the department nor any other~~No state agency, other	4103
than the department of administrative services, shall perform	4104
printing or office reproduction services for political	4105
subdivisions.	4106

Sec. 125.93. The state forms management program shall do	4107
each of the following:	4108

(A) Assist state agencies in establishing internal forms	4109
management capabilities;	4110

(B) ~~Study, develop, coordinate, and initiate forms of~~	4111
~~interagency and common administrative usage, and establish basic~~	4112
~~design and specification criteria to standardize state forms;~~	4113

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

4114

~~(D)~~(C) Assist, train, and instruct state agencies and their	4115
forms management representatives in forms management techniques,	4116
and provide direct forms management assistance to new state	4117
agencies as they are created;	4118

~~(E) Maintain a central forms repository of all state forms to~~	4119
~~facilitate standardization of the forms, eliminate redundant~~	4120
~~forms, and provide a central source of information on forms usage~~	4121
~~and availability~~.	4122

Sec. 125.96. The director of administrative services may	4123
adopt, amend, or rescind rules necessary to carry out the powers	4124
and duties imposed upon the state forms management program and	4125
state agencies by sections 125.92 to 125.98 of the Revised Code.	4126
~~The director shall adopt, and may amend or rescind, rules~~	4127
~~providing each of the following:~~	4128

~~(A) After a date to be determined by the state forms~~	4129
~~management program, no state agency shall utilize any form, other~~	4130
~~than a form subject to division (B) of section 125.95 of the~~	4131
~~Revised Code, the management of which has not been delegated to~~	4132
~~the agency by the program under division (A) of that section or~~	4133
~~been approved by the program.~~	4134

~~(B) The notice required by section 125.97 of the Revised Code~~	4135
~~shall appear in a standard place and a standard manner on each~~	4136
~~form to which the notice applies, and shall include specified~~	4137
~~indicia of approval by the state forms management program.~~	4138

~~(C) Any form required by a state agency on an emergency basis~~	4139
~~may be given interim approval by the state forms management~~	4140
~~program if the form is accompanied by a letter from the director~~	4141
~~or other head of the agency setting forth the nature of the~~	4142
~~emergency and requesting interim approval.~~	4143

Sec. 125.97. All forms~~, other than those forms subject to~~	4144
~~division (B) of section 125.95 of the Revised Code,~~ used to obtain	4145
information from private business, agriculture, or local	4146
governments, except those forms used by the tax commissioner for	4147
administration of taxes and programs, shall contain a conspicuous	4148
notice on the first page setting forth the authorization for the	4149
form and stating whether providing the information sought is	4150
required or voluntary, and any penalties that apply to failure to	4151
provide the information.	4152

Sec. 125.98. (A) Each state agency shall appoint a forms	4153
management representative, who may be from existing personnel. The	4154
appointee shall cooperate with, and provide other necessary	4155
assistance to, the director of administrative services and the	4156
state forms management program in implementing the program. A	4157
forms management representative shall do all of the following:	4158

(1) Manage the agency's forms management program and	4159
cooperate with and provide other necessary assistance to the	4160
director of administrative services in implementing the state	4161
forms management program;	4162

(2) Monitor the use and reproduction of all forms to ensure	4163
that all policies, procedures, guidelines, and standards	4164
established by the agency and the director of administrative	4165
services are followed;	4166

(3) ~~Ensure that every form used by the agency is presented to~~	4167
~~the state forms management program for registration prior to its~~	4168
~~reproduction;~~	4169

~~(4)~~ Maintain ~~a master forms file history file, in numeric~~	4170
~~order, of all agency forms;~~	4171

~~(5) Verify and update the~~all historical information on all	4172
forms in the agency's central forms repository database.	4173

(B) Any state agency, as defined in section 1.60 of the	4174
Revised Code, not included within the definition of a state agency	4175
in section 125.91 of the Revised Code may elect to participate in	4176
the state forms management program. The program may provide to any	4177
such agency any service required or authorized by sections 125.92	4178
to 125.98 of the Revised Code to be performed for a state agency.	4179

Sec. 126.03. (A) The director of budget and management	4180
shall:	4181

(1) Prepare biennially a capital plan and, with the	4182
concurrence of the governor, submit it to the general assembly.	4183
The capital plan shall contain recommendations as to the	4184
acquisition of real estate and the construction of public	4185
improvements. The capital plan shall extend through a period of at	4186
least six years in the future and shall identify the projects	4187
which should be undertaken in each biennium of the period through	4188
which the plan extends, together with estimated costs of all such	4189
recommended projects.	4190

(2) Require biennially, from the chief administrative	4191
authorities of affected state agencies, their recommendations as	4192
to the acquisition of real estate and construction of public	4193
improvements which will be needed through a period of at least six	4194
years in the future, together with a description of each proposed	4195
public improvement and the estimated capacity of the improvement	4196
in terms of its proposed use, a demonstration of the need for the	4197
real estate or public improvement, the benefits in governmental	4198
operations expected to result from the acquisition or	4199
construction, the state agencies which will occupy or control the	4200
real estate or improvement, and the location of the real estate or	4201
public improvement. The director shall evaluate such recommended	4202
projects as to their validity and as to the comparative degree of	4203
need among them; notify the chief administrative authorities of	4204
the recommending agencies of the action taken on each such	4205
recommendation; and consult with and seek the recommendations of	4206
the chief administrative authorities of the affected agencies on	4207
all projects being considered for inclusion in the capital plan,	4208
whether originally proposed by the director of budget and	4209
management or by a state agency.	4210

(3) At the request and with the concurrence of the governor,	4211
prepare and recommend to the general assembly a biennial capital	4212
budget that includes the recommendations of the director as to	4213
projects to be undertaken or revised during the fiscal biennium	4214
following the latest biennium for which a capital appropriations	4215
act was enacted. The capital budget shall include all projects	4216
which the director considers to be necessary and feasible, whether	4217
originally proposed by the director or by a state agency.	4218

(B) In the capital plan and capital budget prepared under	4219
this section, the director of budget and management shall not	4220
provide for the acquisition of rights-of-way for, construction of,	4221
or reconstruction of transportation facilities by the director of	4222
transportation, other than transportation facilities financed by	4223
the Ohio building authority. Division (A)(2) of this section does	4224
not require the director of transportation to provide to the	4225
director of budget and management recommendations for the	4226
acquisition of rights-of-way for, construction of, or	4227
reconstruction of transportation facilities, other than	4228
transportation facilities financed by the Ohio building authority.	4229

(C)(1) In order to reflect the issuance of obligations under	4230
division (C) of section 183.51 of the Revised Code in lieu of	4231
direct obligations of the state, each capital budget prepared and	4232
recommended shall limit capital appropriations funded by direct	4233
obligations of the state as necessary to ensure that debt service	4234
payable from the general revenue fund in a fiscal year shall not	4235
exceed the following percentages of the total estimated revenue of	4236
the state for the general revenue fund plus net state lottery	4237
proceeds:	4238

(a) Four and one-quarter per cent for fiscal years 2009	4239
through 2012;	4240

(b) Four and one-half per cent for fiscal years 2013 through	4241
2020.	4242

(2) The percentages described in division (C)(1) of this	4243
section shall be calculated in accordance with section 126.16 of	4244
the Revised Code and Article VIII, Section 17, Ohio Constitution.	4245
The percentage may be adjusted or waived by the controlling board	4246
on request of the director. The director shall notify the	4247
president of the senate, the speaker of the house of	4248
representatives, and the chairpersons of the finance and	4249
appropriations committees of the house of representatives and	4250
senate whenever any issuance of direct obligations of the state	4251
results in debt service payable from the general revenue fund	4252
exceeding the applicable limitation described in division (C)(1)	4253
of this section.	4254

Sec. 126.04. Funds appropriated for purposes of fulfilling	4255
the state's obligations under the consent order filed March 5,	4256
2007, in Martin v. Strickland, Case No. 89-CV-00362, in the United	4257
States district court for the southern district of Ohio, eastern	4258
division, shall be in an appropriation item that authorizes	4259
expenditures only for purposes of fulfilling the state's	4260
obligations under the consent order.	4261

Sec. 126.07. NoExcept as provided in division (B) of	4262
section 126.21 of the Revised Code, no contract, agreement, or	4263
obligation involving the expenditure of money chargeable to an	4264
appropriation, nor any resolution or order for the expenditure of	4265
money chargeable to an appropriation, shall be valid and	4266
enforceable unless the director of budget and management first	4267
certifies that there is a balance in the appropriation not already	4268
obligated to pay existing obligations, in an amount at least equal	4269
to the portion of the contract, agreement, obligation, resolution,	4270
or order to be performed in the current fiscal year. Any written	4271
contract or agreement entered into by the state shall contain a	4272
clause stating that the obligations of the state are subject to	4273
this section.	4274

The chief administrative officer of a state agency is	4275
responsible for the preaudit and approval of expenditures and	4276
other transactions of the agency. In order to ~~make~~initiate the	4277
making of a payment from the state treasury, the person in a state	4278
agency who requests that the payment be made shall first submit to	4279
the ~~director~~chief administrative officer of the agency all	4280
invoices, claims, vouchers, and other ~~evidentiary matter~~	4281
documentation related to the payment. ~~If the director approves~~	4282
~~payment to be made, the director shall draw a warrant as provided~~	4283
~~in section 126.35 of the Revised Code.~~The chief administrative	4284
officer shall examine each voucher and all other documentation	4285
required to support the voucher and determine whether they meet	4286
all the requirements established by the director of budget and	4287
management for making the payment. If they do meet those	4288
requirements, the chief administrative officer shall certify to	4289
the director the approval of the chief administrative officer for	4290
payment.	4291

Prior to drawing a warrant as provided in section 126.35 of	4292
the Revised Code, the director may review and audit the voucher,	4293
any documentation accompanying the voucher, and any other	4294
documentation related to the transaction that the director may	4295
require to determine if the transaction is in accordance with law.	4296
The director shall not approve payment to be made if the director	4297
finds that there is not an unobligated balance in the	4298
appropriation for the payment, that the payment is not for a valid	4299
claim against the state that is legally due, or that insufficient	4300
~~evidentiary matter~~documentation has been submitted. If the	4301
director does not approve payment, the director shall notify the	4302
agency of the reasons the director has not given approval.	4303

In approving payments to be made under this section, the	4304
director, upon receipt of certification from the director of job	4305
and family services pursuant to section 4141.231 of the Revised	4306
Code, shall withhold from amounts otherwise payable to a person	4307
who is the subject of the director of jobs and family services'	4308
certification, the amount certified to be due and unpaid to the	4309
director of job and family services, and shall approve for payment	4310
to the director of job and family services, the amount withheld.	4311

As used in this section and in section 126.21 of the Revised	4312
Code, "chief administrative officer" means either of the	4313
following:	4314

(A) The director of the agency or, in the case of a state	4315
agency without a director, the equivalent officer of that agency;	4316

(B) The designee of the chief administrative officer for the	4317
purposes of such sections.	4318

Sec. 126.08. The director of budget and management may	4319
exercise control over the financial transactions of state	4320
agencies, including approving, disapproving, voiding, or	4321
invalidating encumbrances or transactions, except those in the	4322
judicial and legislative branches, by:	4323

(A) Requiring encumbrancing documents or any other financial	4324
information to be submitted to the director~~, where such submission~~	4325
~~is prescribed by law or where the director considers such~~	4326
~~submission necessary~~ to evaluate the legality of ~~a proposed~~an	4327
expenditure, ~~and by approving or disapproving any encumbrance~~	4328
~~requested,~~ except that the director shall not disapprove any	4329
encumbrancing document submitted by the attorney general, auditor	4330
of state, secretary of state, or treasurer of state unless there	4331
is an insufficient unobligated balance in the appropriation or the	4332
encumbrance does not meet all other legal requirements. Those	4333
portions of an appropriation that are encumbered are not available	4334
for expenditure for any purpose other than that indicated on the	4335
encumbrancing document. If any requirements of the director	4336
regarding the submission of encumbrancing documents or other	4337
financial information are not complied with, or if any	4338
encumbrancing document is disapproved in whole or in part, the	4339
director shall notify the submitting agency thereof and shall not	4340
authorize payment unless the reasons for disapproval are	4341
corrected.	4342

(B) Requiring the allocation and allotment of any	4343
appropriation by quarter or by any other period of time.	4344

(C) Reporting to the attorney general for such action, civil	4345
or criminal, as the attorney general considers necessary, all	4346
facts showing improper payment of public money or misappropriation	4347
of public property;	4348

(D) By adopting rules for carrying into effect any powers	4349
granted by this chapter.	4350

~~Sec. 125.18.~~ Sec. 126.17. (A) There is hereby established the	4351
~~office of information technology housed within the department of~~	4352
~~administrative services. The office shall be under the supervision~~	4353
position of ~~a chief information officer to~~state chief information	4354
officer, who shall be appointed by the ~~governor~~director of budget	4355
and management and subject to removal at the pleasure of the	4356
~~governor~~director. ~~The chief information officer shall serve as~~	4357
~~the director of the office.~~The state chief information officer	4358
shall report to the director of budget and management and shall be	4359
an assistant director of the office of budget and management in	4360
addition to the assistant director created in section 121.05 of	4361
the Revised Code. There is hereby created the office of	4362
information technology in the office of budget and management. The	4363
office of information technology shall be supervised by the state	4364
chief information officer, subject to the authority of the	4365
director of budget and management. The state chief information	4366
officer shall have all authority granted to the office of	4367
information technology, and the exercise of that authority shall	4368
be subject to the approval of the director of budget and	4369
management.	4370

(B) The ~~director of the office of information technology~~	4371
state chief information officer shall ~~advise~~annually submit a	4372
report to the governor regarding the statewide superintendence of	4373
information technology and implementation of statewide information	4374
technology policy.	4375

(C) The ~~director of the office of information technology~~	4376
state chief information officer shall lead, oversee, and direct	4377
state agency activities related to information technology	4378
development and use. In that regard, the ~~director~~state chief	4379
information officer shall do all of the following:	4380

(1) Coordinate and superintend statewide efforts to promote	4381
common use and development of technology by state agencies. The	4382
office of information technology shall establish policies and	4383
standards that govern and direct state agency participation in	4384
statewide programs and initiatives.	4385

(2) Establish policies and standards for the acquisition and	4386
use of information technology by state agencies, including, but	4387
not limited to, hardware, software, technology services, and	4388
security, with which state agencies shall comply;	4389

(3) Establish criteria and review processes to identify state	4390
agency information technology projects that require alignment or	4391
oversight. As appropriate, the ~~office of information technology~~	4392
state chief information officer shall provide ~~the governor and~~ the	4393
director of budget and management with notice and advice regarding	4394
the appropriate allocation of resources for those projects. The	4395
~~director of the office of information technology~~state chief	4396
information officer may ~~require state agencies to provide, and may~~	4397
prescribe the form and manner by which ~~they~~state agencies must	4398
provide, and may require state agencies to provide, information to	4399
fulfill the ~~director's~~state chief information officer's alignment	4400
and oversight role.	4401

(D) The office of information technology ~~shall have~~has the	4402
~~same~~ authority ~~given to the department of administative services~~	4403
~~under~~for the purchase of information technology supplies and	4404
services for state agencies consistent with sections 125.01,	4405
125.011, 125.02, 125.023, 125.04, 125.05, 125.06, 125.07, 125.071,	4406
125.072, 125.081, 125.09, 125.10, 125.11, 125.15, and 125.25 of	4407
the Revised Code ~~for the purchase of information technology~~	4408
~~supplies and services for state agencies~~.	4409

(E) The office of information technology may make contracts	4410
for, operate, and superintend technology supplies and services for	4411
state agencies in accordance with this chapter.	4412

(F) The office of information technology may establish	4413
cooperative agreements with federal and local government agencies	4414
and state agencies that are not under the authority of the	4415
governor for the provision of technology services and the	4416
development of technology projects.	4417

(G) As used in this section, "state agency" ~~means~~includes	4418
every organized body, office, or agency established by the laws of	4419
the state for the exercise of any function of state government,	4420
other than any state-supported institution of higher education,	4421
the office of the auditor of state, treasurer of state, secretary	4422
of state, or attorney general, the public employees retirement	4423
system, the Ohio police and fire pension fund, the state teachers	4424
retirement system, the school employees retirement system, the	4425
state highway patrol retirement system, the general assembly or	4426
any legislative agency, or the courts or any judicial agency.	4427

(H) There is hereby created in the state treasury the IT	4428
governance fund for the purpose of carrying out the office of	4429
information technology's responsibilities described in this	4430
section. The fund shall consist of revenues generated from payroll	4431
charges, billed services, administrative assessments, and other	4432
revenues designated to support the responsibilities described in	4433
this section.	4434

~~Sec. 125.30.~~ Sec. 126.18. (A) The ~~department of administrative~~	4435
~~services~~office of information technology shall do both of the	4436
following:	4437

(1) Create a business reply form that is capable of	4438
containing information that a private business is required to	4439
provide to state agencies on a regular basis. The ~~director of~~	4440
~~administrative services~~office of information technology shall	4441
adopt rules in accordance with Chapter 119. of the Revised Code	4442
specifying the information that the form shall contain. ~~Subject to~~	4443
~~division (E) of this section, state~~State agencies shall use the	4444
business reply form to obtain information from private businesses.	4445

(2) ~~Create an on-line computer network system to allow~~	4446
~~private businesses to electronically file the business reply form~~	4447
Maintain the Ohio business gateway, as defined in section 718.051	4448
of the Revised Code.	4449

In creating the business reply form described in division	4450
(A)(1) of this section, the ~~director~~office of information	4451
technology may consider the recommendations of interested parties	4452
from the small business community who have direct knowledge of and	4453
familiarity with the current state reporting requirements that	4454
apply to, and the associated forms that are filed by, small	4455
businesses.	4456

(B) The ~~director~~office of information technology shall	4457
establish procedures by which state agencies may share the	4458
information that is collected through the form established under	4459
division (A) of this section. These procedures shall provide that	4460
information that has been designated as confidential by any state	4461
agency shall not be made available to the other state agencies	4462
having access to the business reply form.	4463

(C) ~~Not later than September 30, 1999, the director~~The	4464
office of information technology may report to the director of	4465
budget and management and to the committees ~~that handle~~having	4466
jurisdiction over finance and ~~the committees that handle~~ state	4467
government affairs in the house of representatives and the senate	4468
on the progress of state agencies in complying with division	4469
(A)(1) of this section. The ~~director~~office of information	4470
technology may recommend a five per cent reduction in the future	4471
appropriations of any state agency that has failed to comply with	4472
that division without good cause.	4473

(D) As used in this section:

4474

(1) "State agency" ~~means the secretary of state, the~~	4475
~~department of job and family services regarding duties it performs~~	4476
~~pursuant to Title XLI of the Revised Code, the bureau of workers'~~	4477
~~compensation, the department of administrative services, and any~~	4478
~~other state agency that elects to participate in the pilot program~~	4479
~~as provided in division (E) of this section~~has the same meaning	4480
as defined in section 126.17 of the Revised Code.	4481

(2) "Form" has the same meaning as ~~in division (B) of~~defined	4482
in section 125.91 of the Revised Code.	4483

~~(E) The provisions of this section pertaining to the business~~	4484
~~reply form constitute a two-year pilot program. Not later than one~~	4485
~~year after January 21, 1998, the department of administrative~~	4486
~~services shall complete the planning and preparation that is~~	4487
~~necessary to implement the pilot program. The director of~~	4488
~~administrative services may request other state agencies, as~~	4489
~~defined in division (A) of section 125.91 of the Revised Code, to~~	4490
~~participate in the pilot program. If the director so requests, the~~	4491
~~state agency may participate in the program. The provisions of~~	4492
~~this section shall cease to have effect three years after January~~	4493
~~21, 1998. Within ninety days after the completion of the pilot~~	4494
~~program, the director of administrative services shall report to~~	4495
~~the director of budget and management and the committees described~~	4496
~~in division (C) of this section on the effectiveness of the pilot~~	4497
~~program.~~	4498

Sec. 126.19. (A) There is established the multi-agency radio	4499
communications system (MARCS). The system shall be a computer and	4500
communications network to provide voice and data communications	4501
statewide maintained by the office of information technology.	4502
MARCS shall supply a communications backbone for statewide public	4503
safety uses in a single system shared by several state agencies.	4504
The system shall provide mobile voice, data, vehicle location	4505
services, and computer-aided dispatching. The office of	4506
information technology shall promote MARCS as a statewide	4507
interoperable communications system for public safety agencies at	4508
all levels of government. Subject to the approval of the MARCS	4509
steering committee, the office of information technology may make	4510
MARCS available to agencies for uses not related to public safety.	4511

(B) There is hereby established a MARCS steering committee	4512
consisting of the designees of the state chief information	4513
officer; the directors of public safety, health, natural	4514
resources, transportation, rehabilitation and correction, and	4515
youth services; and a designee not from a state agency who shall	4516
be appointed by the state chief information officer. The state	4517
chief information officer or the officer's designee shall chair	4518
the committee. The committee shall provide assistance to the	4519
office of information technology for effective and efficient	4520
implementation of the MARCS system as well as develop policies for	4521
the ongoing management of the system. Upon dates prescribed by the	4522
state chief information officer, the MARCS steering committee	4523
shall report to the state chief information officer on the	4524
progress of MARCS implementation and the development of policies	4525
related to the system. The MARCS steering committee may permit	4526
secondary uses of MARCS not related to public safety so long as	4527
those secondary uses do not interfere with the system's primary	4528
use for public safety.	4529

Sec. 126.21. (A) The director of budget and management shall	4530
do all of the following:	4531

(1) Keep all necessary accounting records;

4532

(2) Prescribe and maintain the accounting system of the state	4533
and establish appropriate accounting procedures and charts of	4534
accounts;	4535

(3) Establish procedures for the use of written, electronic,	4536
optical, or other communications media for approving and reviewing	4537
payment vouchers;	4538

(4) Reconcile, in the case of any variation between the	4539
amount of any appropriation and the aggregate amount of items of	4540
the appropriation, with the advice and assistance of the state	4541
agency affected by it and the legislative service commission,	4542
totals so as to correspond in the aggregate with the total	4543
appropriation. In the case of a conflict between the item and the	4544
total of which it is a part, the item shall be considered the	4545
intended appropriation.	4546

(5) Evaluate on an ongoing basis and, if necessary, recommend	4547
improvements to the internal controls used in state agencies;	4548

(6) Authorize the establishment of petty cash accounts. The	4549
director ~~of budget and management~~ may withdraw approval for any	4550
petty cash account and require the officer in charge to return to	4551
the state treasury any unexpended balance shown by the officer's	4552
accounts to be on hand. Any officer who is issued a warrant for	4553
petty cash shall render a detailed account of the expenditures of	4554
the petty cash and shall report when requested the balance of	4555
petty cash on hand at any time.	4556

(7) Process orders, invoices, vouchers, claims, and payrolls	4557
and prepare financial reports and statements;	4558

(8) Perform extensions, reviews, and compliance checks prior	4559
to or after approving a payment as the director considers	4560
necessary;	4561

(9) Issue the official comprehensive annual financial report	4562
of the state. The report shall cover all funds of the state	4563
reporting entity and shall include basic financial statements and	4564
required supplementary information prepared in accordance with	4565
generally accepted accounting principles and other information as	4566
the director provides. All state agencies, authorities,	4567
institutions, offices, retirement systems, and other component	4568
units of the state reporting entity as determined by the director	4569
shall furnish the director whatever financial statements and other	4570
information the director requests for the report, in the form, at	4571
the times, covering the periods, and with the attestation the	4572
director prescribes. The information for state institutions of	4573
higher education, as defined in section 3345.011 of the Revised	4574
Code, shall be submitted to the ~~director~~chancellor by the Ohio	4575
board of regents. The board shall establish a due date by which	4576
each such institution shall submit the information to the board,	4577
but no such date shall be later than one hundred twenty days after	4578
the end of the state fiscal year unless a later date is approved	4579
by the director.	4580

(B) In addition to the director's duties under division (A)	4581
of this section, the director ~~of budget and management~~ may	4582
establish and administer one or more state payment card programs	4583
that permit or require state agencies to use a payment card to	4584
purchase equipment, materials, supplies, or services in accordance	4585
with guidelines issued by the director. The chief administrative	4586
officer of a state agency that uses a payment card for such	4587
purposes shall ensure that purchases made with the card are made	4588
in accordance with the guidelines issued by the director and do	4589
not exceed the unexpended, unencumbered, unobligated balance in	4590
the appropriation to be charged for the purchase. State agencies	4591
may ~~only~~ participate in only those state payment card programs	4592
that the director establishes pursuant to this section.	4593

(C) In addition to the director's duties under divisions (A)	4594
and (B) of this section, the director may enter into any contract	4595
or agreement necessary for and incidental to the performance of	4596
the director's duties or the duties of the office of budget and	4597
management.	4598

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

4599

(A) Perform accounting services for and design and implement	4600
accounting systems with state agencies;	4601

(B) Provide other accounting services, including the	4602
maintenance and periodic auditing of the financial records of and	4603
submission of vouchers by state agencies, provision of assistance	4604
in the analysis of the financial position of state agencies, and	4605
preparation and submission of reports;	4606

(C) Change any accounting code appearing in appropriations	4607
acts of the general assembly.	4608

Sec. 126.24. The OAKS support organization fund is hereby	4609
created in the state treasury for the purpose of paying the	4610
operating expenses of the state's enterprise resource planning	4611
system. The fund shall consist of cash transfers from the	4612
accounting and budgeting fund and the human resources services	4613
fund, and other revenues designated to support the operating costs	4614
of the Ohio administrative knowledge system. All investment	4615
earnings of the fund shall be credited to the fund.	4616

Sec. 126.40. There is hereby created in the state treasury	4617
the forgery recovery fund. The fund shall consist of all moneys	4618
collected by the attorney general from the resolution of cases of	4619
fraud or forgery involving warrants issued by the director of the	4620
office of budget and management. The director shall use the fund	4621
to pay costs associated with the reissue of state warrants to	4622
payees whose warrants were fraudulently redeemed.	4623

Sec. 127.16. (A) Upon the request of either a state agency	4624
or the director of budget and management and after the controlling	4625
board determines that an emergency or a sufficient economic reason	4626
exists, the controlling board may approve the making of a purchase	4627
without competitive selection as provided in division (B) of this	4628
section.	4629

(B) Except as otherwise provided in this section, no state	4630
agency, using money that has been appropriated to it directly,	4631
shall:	4632

(1) Make any purchase from a particular supplier, that would	4633
amount to fifty thousand dollars or more when combined with both	4634
the amount of all disbursements to the supplier during the fiscal	4635
year for purchases made by the agency and the amount of all	4636
outstanding encumbrances for purchases made by the agency from the	4637
supplier, unless the purchase is made by competitive selection or	4638
with the approval of the controlling board;	4639

(2) Lease real estate from a particular supplier, if the	4640
lease would amount to seventy-five thousand dollars or more when	4641
combined with both the amount of all disbursements to the supplier	4642
during the fiscal year for real estate leases made by the agency	4643
and the amount of all outstanding encumbrances for real estate	4644
leases made by the agency from the supplier, unless the lease is	4645
made by competitive selection or with the approval of the	4646
controlling board.	4647

(C) Any person who authorizes a purchase in violation of	4648
division (B) of this section shall be liable to the state for any	4649
state funds spent on the purchase, and the attorney general shall	4650
collect the amount from the person.	4651

(D) Nothing in division (B) of this section shall be	4652
construed as:	4653

(1) A limitation upon the authority of the director of	4654
transportation as granted in sections 5501.17, 5517.02, and	4655
5525.14 of the Revised Code;	4656

(2) Applying to medicaid provider agreements under Chapter	4657
5111. of the Revised Code or payments or provider agreements under	4658
the disability medical assistance program established under	4659
Chapter 5115. of the Revised Code;	4660

(3) Applying to the purchase of examinations from a sole	4661
supplier by a state licensing board under Title XLVII of the	4662
Revised Code;	4663

(4) Applying to entertainment contracts for the Ohio state	4664
fair entered into by the Ohio expositions commission, provided	4665
that the controlling board has given its approval to the	4666
commission to enter into such contracts and has approved a total	4667
budget amount for such contracts as agreed upon by commission	4668
action, and that the commission causes to be kept itemized records	4669
of the amounts of money spent under each contract and annually	4670
files those records with the clerk of the house of representatives	4671
and the clerk of the senate following the close of the fair;	4672

(5) Limiting the authority of the chief of the division of	4673
mineral resources management to contract for reclamation work with	4674
an operator mining adjacent land as provided in section 1513.27 of	4675
the Revised Code;	4676

(6) Applying to investment transactions and procedures of any	4677
state agency, except that the agency shall file with the board the	4678
name of any person with whom the agency contracts to make, broker,	4679
service, or otherwise manage its investments, as well as the	4680
commission, rate, or schedule of charges of such person with	4681
respect to any investment transactions to be undertaken on behalf	4682
of the agency. The filing shall be in a form and at such times as	4683
the board considers appropriate.	4684

(7) Applying to purchases made with money for the per cent	4685
for arts program established by section 3379.10 of the Revised	4686
Code;	4687

(8) Applying to purchases made by the rehabilitation services	4688
commission of services, or supplies, that are provided to persons	4689
with disabilities, or to purchases made by the commission in	4690
connection with the eligibility determinations it makes for	4691
applicants of programs administered by the social security	4692
administration;	4693

(9) Applying to payments by the department of job and family	4694
services under section 5111.13 of the Revised Code for group	4695
health plan premiums, deductibles, coinsurance, and other	4696
cost-sharing expenses;	4697

(10) Applying to any agency of the legislative branch of the	4698
state government;	4699

(11) Applying to agreements or contracts entered into under	4700
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	4701
Revised Code;	4702

(12) Applying to purchases of services by the adult parole	4703
authority under section 2967.14 of the Revised Code or by the	4704
department of youth services under section 5139.08 of the Revised	4705
Code;	4706

(13) Applying to dues or fees paid for membership in an	4707
organization or association;	4708

(14) Applying to purchases of utility services pursuant to	4709
section 9.30 of the Revised Code;	4710

(15) Applying to purchases made in accordance with rules	4711
adopted by the department of administrative services of motor	4712
vehicle, aviation, or watercraft fuel, or emergency repairs of	4713
such vehicles;	4714

(16) Applying to purchases of tickets for passenger air	4715
transportation;	4716

(17) Applying to purchases necessary to provide public	4717
notifications required by law or to provide notifications of job	4718
openings;	4719

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

4720

(19) Applying to purchases of liquor for resale by the	4721
division of liquor control;	4722

(20) Applying to purchases of motor courier and freight	4723
services made in accordance with department of administrative	4724
services rules;	4725

(21) Applying to purchases from the United States postal	4726
service and purchases of stamps and postal meter replenishment	4727
from vendors at rates established by the United States postal	4728
service;	4729

(22) Applying to purchases of books, periodicals, pamphlets,	4730
newspapers, maintenance subscriptions, and other published	4731
materials;	4732

(23) Applying to purchases from other state agencies,	4733
including state-assisted institutions of higher education;	4734

(24) Limiting the authority of the director of environmental	4735
protection to enter into contracts under division (D) of section	4736
3745.14 of the Revised Code to conduct compliance reviews, as	4737
defined in division (A) of that section;	4738

(25) Applying to purchases from a qualified nonprofit agency	4739
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	4740
the Revised Code;	4741

(26) Applying to payments by the department of job and family	4742
services to the United States department of health and human	4743
services for printing and mailing notices pertaining to the tax	4744
refund offset program of the internal revenue service of the	4745
United States department of the treasury;	4746

(27) Applying to contracts entered into by the department of	4747
mental retardation and developmental disabilities under ~~sections~~	4748
section 5123.18~~, 5123.182, and 5123.199~~ of the Revised Code;	4749

(28) Applying to payments made by the department of mental	4750
health under a physician recruitment program authorized by section	4751
5119.101 of the Revised Code;	4752

(29) Applying to contracts entered into with persons by the	4753
director of commerce for unclaimed funds collection and remittance	4754
efforts as provided in division (F) of section 169.03 of the	4755
Revised Code. The director shall keep an itemized accounting of	4756
unclaimed funds collected by those persons and amounts paid to	4757
them for their services.	4758

(30) Applying to purchases made by a state institution of	4759
higher education in accordance with the terms of a contract	4760
between the vendor and an inter-university purchasing group	4761
comprised of purchasing officers of state institutions of higher	4762
education;	4763

(31) Applying to the department of job and family services'	4764
purchases of health assistance services under the children's	4765
health insurance program part I provided for under section 5101.50	4766
of the Revised Code or the children's health insurance program	4767
part II provided for under section 5101.51 of the Revised Code;	4768

(32) Applying to payments by the attorney general from the	4769
reparations fund to hospitals and other emergency medical	4770
facilities for performing medical examinations to collect physical	4771
evidence pursuant to section 2907.28 of the Revised Code;	4772

(33) Applying to contracts with a contracting authority or	4773
administrative receiver under division (B) of section 5126.056 of	4774
the Revised Code;	4775

(34) Applying to reimbursements paid to the United States	4776
department of veterans affairs for pharmaceutical and patient	4777
supply purchases made on behalf of the Ohio veterans' home agency;	4778

(35) Applying to agreements entered into with terminal	4779
distributors of dangerous drugs under section 173.79 of the	4780
Revised Code;	4781

(36) Applying to payments by the superintendent of the bureau	4782
of criminal identification and investigation to the federal bureau	4783
of investigation for criminal records checks pursuant to section	4784
109.572 of the Revised Code.	4785

(E) Notwithstanding division (B)(1) of this section, the	4786
cumulative purchase threshold shall be seventy-five thousand	4787
dollars for the departments of mental retardation and	4788
developmental disabilities, mental health, rehabilitation and	4789
correction, and youth services.	4790

(F) When determining whether a state agency has reached the	4791
cumulative purchase thresholds established in divisions (B)(1),	4792
(B)(2), and (E) of this section, all of the following purchases by	4793
such agency shall not be considered:	4794

(1) Purchases made through competitive selection or with	4795
controlling board approval;	4796

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

4797

(3) For the purposes of the thresholds of divisions (B)(1)	4798
and (E) of this section only, leases of real estate.	4799

(G) As used in this section, "competitive selection,"	4800
"purchase," "supplies," and "services" have the same meanings as	4801
in section 125.01 of the Revised Code.	4802

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

4803

(1) "Surplus revenue" means the excess, if any, of the total	4804
fund balance over the required year-end balance.	4805

(2) "Total fund balance" means the sum of the unencumbered	4806
balance in the general revenue fund on the last day of the	4807
preceding fiscal year plus the balance in the budget stabilization	4808
fund.	4809

(3) "Required year-end balance" means the sum of the	4810
following:	4811

(a) Five per cent of the general revenue fund revenues for	4812
the preceding fiscal year;	4813

(b) "Ending fund balance," which means one-half of one per	4814
cent of general revenue fund revenues for the preceding fiscal	4815
year;	4816

(c) "Carryover balance," which means, with respect to a	4817
fiscal biennium, the excess, if any, of the estimated general	4818
revenue fund appropriation and transfer requirement for the second	4819
fiscal year of the biennium over the estimated general revenue	4820
fund revenue for that fiscal year;	4821

(d) "Capital appropriation reserve," which means the amount,	4822
if any, of general revenue fund capital appropriations made for	4823
the current biennium that the director of budget and management	4824
has determined will be encumbered or disbursed;	4825

(e) "Income tax reduction impact reserve," which means an	4826
amount equal to the reduction projected by the director of budget	4827
and management in income tax revenue in the current fiscal year	4828
attributable to the previous reduction in the income tax rate made	4829
by the tax commissioner pursuant to division (B) of section	4830
5747.02 of the Revised Code.	4831

(4) "Estimated general revenue fund appropriation and	4832
transfer requirement" means the most recent adjusted	4833
appropriations made by the general assembly from the general	4834
revenue fund and includes both of the following:	4835

(a) Appropriations made and transfers of appropriations from	4836
the first fiscal year to the second fiscal year of the biennium in	4837
provisions of acts of the general assembly signed by the governor	4838
but not yet effective;	4839

(b) Transfers of appropriation from the first fiscal year to	4840
the second fiscal year of the biennium approved by the controlling	4841
board.	4842

(5) "Estimated general revenue fund revenue" means the most	4843
recent such estimate available to the director of budget and	4844
management.	4845

(B)(1) Not later than the thirty-first day of July each year,	4846
the director of budget and management shall determine the surplus	4847
revenue that existed on the preceding thirtieth day of June and	4848
transfer from the general revenue fund, to the extent of the	4849
unobligated, unencumbered balance on the preceding thirtieth day	4850
of June in excess of one-half of one per cent of the general	4851
revenue fund revenues in the preceding fiscal year, the following:	4852

(a) First, to the budget stabilization fund, any amount	4853
necessary for the balance of the budget stabilization fund to	4854
equal five per cent of the general revenue fund revenues of the	4855
preceding fiscal year;	4856

(b) Then, to the income tax reduction fund, which is hereby	4857
created in the state treasury, an amount equal to the surplus	4858
revenue.	4859

(2) Not later than the thirty-first day of July each year,	4860
the director shall determine the percentage that the balance in	4861
the income tax reduction fund is of the amount of revenue that the	4862
director estimates will be received from the tax levied under	4863
section 5747.02 of the Revised Code in the current fiscal year	4864
without regard to any reduction under division (B) of that	4865
section. If that percentage exceeds thirty-five one hundredths of	4866
one per cent, the director shall certify the percentage to the tax	4867
commissioner not later than the thirty-first day of July.	4868

(C) The director of budget and management shall transfer	4869
money in the income tax reduction fund to the general revenue	4870
fund, the local government fund, and the library and local	4871
government support fund~~, and the local government revenue~~	4872
~~assistance fund~~ as necessary to offset revenue reductions	4873
resulting from the reductions in taxes required under division (B)	4874
of section 5747.02 of the Revised Code in the respective amounts	4875
and percentages prescribed by ~~divisions~~division (A)~~(1), (2), and~~	4876
~~(4)~~ of section 5747.03 and divisions (A) and (B) of section 131.51	4877
of the Revised Code as if the amount transferred had been	4878
collected as taxes under Chapter 5747. of the Revised Code. If no	4879
reductions in taxes are made under that division that affect	4880
revenue received in the current fiscal year, the director shall	4881
not transfer money from the income tax reduction fund to the	4882
general revenue fund, the local government fund, and the library	4883
and local government support fund~~, and the local government~~	4884
~~revenue assistance fund~~.	4885

Sec. 131.51. (A) Beginning January 2008, on or before the	4886
fifth day of each month, the director of budget and management	4887
shall credit to the local government fund three and sixty-eight	4888
one hundredths per cent of total tax revenue credited to the	4889
general revenue fund during the preceding month. In determining	4890
the total tax revenue credited to the general revenue fund during	4891
the preceding month, the director shall include amounts	4892
transferred from that fund during the preceding month pursuant to	4893
divisions (A) and (B) of this section. Money shall be distributed	4894
from the local government fund as required under section 5747.50	4895
of the Revised Code during the same month in which it is credited	4896
to the fund.	4897

(B) Beginning January 2008, on or before the fifth day of	4898
each month, the director of budget and management shall credit to	4899
the library and local government support fund, two and twenty-two	4900
one hundredths per cent of the total tax revenue credited to the	4901
general revenue fund during the preceding month. In determining	4902
the total tax revenue credited to the general revenue fund during	4903
the preceding month, the director shall include amounts	4904
transferred from that fund during the preceding month pursuant to	4905
divisions (A) and (B) of this section. Money shall be distributed	4906
from the library and local government support fund as required	4907
under section 5747.47 of the Revised Code during the same month in	4908
which it is credited to the fund.	4909

(C) The director of budget and management shall develop a	4910
schedule identifying the specific tax revenue sources to be used	4911
to make the monthly transfers required under divisions (A) and (B)	4912
of this section. The director may, from time to time, revise the	4913
schedule as the director considers necessary.	4914

Sec. 133.01. As used in this chapter, in sections 9.95,	4915
9.96, and 2151.655 of the Revised Code, in other sections of the	4916
Revised Code that make reference to this chapter unless the	4917
context does not permit, and in related proceedings, unless	4918
otherwise expressly provided:	4919

(A) "Acquisition" as applied to real or personal property	4920
includes, among other forms of acquisition, acquisition by	4921
exercise of a purchase option, and acquisition of interests in	4922
property, including, without limitation, easements and	4923
rights-of-way, and leasehold and other lease interests initially	4924
extending or extendable for a period of at least sixty months.	4925

(B) "Anticipatory securities" means securities, including	4926
notes, issued in anticipation of the issuance of other securities.	4927

(C) "Board of elections" means the county board of elections	4928
of the county in which the subdivision is located. If the	4929
subdivision is located in more than one county, "board of	4930
elections" means the county board of elections of the county that	4931
contains the largest portion of the population of the subdivision	4932
or that otherwise has jurisdiction in practice over and	4933
customarily handles election matters relating to the subdivision.	4934

(D) "Bond retirement fund" means the bond retirement fund	4935
provided for in section 5705.09 of the Revised Code, and also	4936
means a sinking fund or any other special fund, regardless of the	4937
name applied to it, established by or pursuant to law or the	4938
proceedings for the payment of debt charges. Provision may be made	4939
in the applicable proceedings for the establishment in a bond	4940
retirement fund of separate accounts relating to debt charges on	4941
particular securities, or on securities payable from the same or	4942
common sources, and for the application of moneys in those	4943
accounts only to specified debt charges on specified securities or	4944
categories of securities. Subject to law and any provisions in the	4945
applicable proceedings, moneys in a bond retirement fund or	4946
separate account in a bond retirement fund may be transferred to	4947
other funds and accounts.	4948

(E) "Capitalized interest" means all or a portion of the	4949
interest payable on securities from their date to a date stated or	4950
provided for in the applicable legislation, which interest is to	4951
be paid from the proceeds of the securities.	4952

(F) "Chapter 133. securities" means securities authorized by	4953
or issued pursuant to or in accordance with this chapter.	4954

(G) "County auditor" means the county auditor of the county	4955
in which the subdivision is located. If the subdivision is located	4956
in more than one county, "county auditor" means the county auditor	4957
of the county that contains the highest amount of the tax	4958
valuation of the subdivision or that otherwise has jurisdiction in	4959
practice over and customarily handles property tax matters	4960
relating to the subdivision. In the case of a county that has	4961
adopted a charter, "county auditor" means the officer who	4962
generally has the duties and functions provided in the Revised	4963
Code for a county auditor.	4964

(H) "Credit enhancement facilities" means letters of credit,	4965
lines of credit, stand-by, contingent, or firm securities purchase	4966
agreements, insurance, or surety arrangements, guarantees, and	4967
other arrangements that provide for direct or contingent payment	4968
of debt charges, for security or additional security in the event	4969
of nonpayment or default in respect of securities, or for making	4970
payment of debt charges to and at the option and on demand of	4971
securities holders or at the option of the issuer or upon certain	4972
conditions occurring under put or similar arrangements, or for	4973
otherwise supporting the credit or liquidity of the securities,	4974
and includes credit, reimbursement, marketing, remarketing,	4975
indexing, carrying, interest rate hedge, and subrogation	4976
agreements, and other agreements and arrangements for payment and	4977
reimbursement of the person providing the credit enhancement	4978
facility and the security for that payment and reimbursement.	4979

(I) "Current operating expenses" or "current expenses" means	4980
the lawful expenditures of a subdivision, except those for	4981
permanent improvements and for payments of debt charges of the	4982
subdivision.	4983

(J) "Debt charges" means the principal, including any	4984
mandatory sinking fund deposits and mandatory redemption payments,	4985
interest, and any redemption premium, payable on securities as	4986
those payments come due and are payable. The use of "debt charges"	4987
for this purpose does not imply that any particular securities	4988
constitute debt within the meaning of the Ohio Constitution or	4989
other laws.	4990

(K) "Financing costs" means all costs and expenses relating	4991
to the authorization, including any required election, issuance,	4992
sale, delivery, authentication, deposit, custody, clearing,	4993
registration, transfer, exchange, fractionalization, replacement,	4994
payment, and servicing of securities, including, without	4995
limitation, costs and expenses for or relating to publication and	4996
printing, postage, delivery, preliminary and final official	4997
statements, offering circulars, and informational statements,	4998
travel and transportation, underwriters, placement agents,	4999
investment bankers, paying agents, registrars, authenticating	5000
agents, remarketing agents, custodians, clearing agencies or	5001
corporations, securities depositories, financial advisory	5002
services, certifications, audits, federal or state regulatory	5003
agencies, accounting and computation services, legal services and	5004
obtaining approving legal opinions and other legal opinions,	5005
credit ratings, redemption premiums, and credit enhancement	5006
facilities. Financing costs may be paid from any moneys available	5007
for the purpose, including, unless otherwise provided in the	5008
proceedings, from the proceeds of the securities to which they	5009
relate and, as to future financing costs, from the same sources	5010
from which debt charges on the securities are paid and as though	5011
debt charges.	5012

(L) "Fiscal officer" means the following, or, in the case of	5013
absence or vacancy in the office, a deputy or assistant authorized	5014
by law or charter to act in the place of the named officer, or if	5015
there is no such authorization then the deputy or assistant	5016
authorized by legislation to act in the place of the named officer	5017
for purposes of this chapter, in the case of the following	5018
subdivisions:	5019

(1) A county, the county auditor;

5020

(2) A municipal corporation, the city auditor or village	5021
clerk or clerk-treasurer, or the officer who, by virtue of a	5022
charter, has the duties and functions provided in the Revised Code	5023
for the city auditor or village clerk or clerk-treasurer;	5024

(3) A school district, the treasurer of the board of	5025
education;	5026

(4) A regional water and sewer district, the secretary of the	5027
board of trustees;	5028

(5) A joint township hospital district, the treasurer of the	5029
district;	5030

(6) A joint ambulance district, the clerk of the board of	5031
trustees;	5032

(7) A joint recreation district, the person designated	5033
pursuant to section 755.15 of the Revised Code;	5034

(8) A detention facility district or a district organized	5035
under section 2151.65 of the Revised Code or a combined district	5036
organized under sections 2152.41 and 2151.65 of the Revised Code,	5037
the county auditor of the county designated by law to act as the	5038
auditor of the district;	5039

(9) A township, a fire district organized under division (C)	5040
of section 505.37 of the Revised Code, or a township police	5041
district, the fiscal officer of the township;	5042

(10) A joint fire district, the clerk of the board of	5043
trustees of that district;	5044

(11) A regional or county library district, the person	5045
responsible for the financial affairs of that district;	5046

(12) A joint solid waste management district, the fiscal	5047
officer appointed by the board of directors of the district under	5048
section 343.01 of the Revised Code;	5049

(13) A joint emergency medical services district, the person	5050
appointed as fiscal officer pursuant to division (D) of section	5051
307.053 of the Revised Code;	5052

(14) A fire and ambulance district, the person appointed as	5053
fiscal officer under division (B) of section 505.375 of the	5054
Revised Code;	5055

(15) A subdivision described in division (MM)(17) of this	5056
section, the officer who is designated by law as or performs the	5057
functions of its chief fiscal officer.	5058

(M) "Fiscal year" has the same meaning as in section 9.34 of	5059
the Revised Code.	5060

(N) "Fractionalized interests in public obligations" means	5061
participations, certificates of participation, shares, or other	5062
instruments or agreements, separate from the public obligations	5063
themselves, evidencing ownership of interests in public	5064
obligations or of rights to receive payments of, or on account of,	5065
principal or interest or their equivalents payable by or on behalf	5066
of an obligor pursuant to public obligations.	5067

(O) "Fully registered securities" means securities in	5068
certificated or uncertificated form, registered as to both	5069
principal and interest in the name of the owner.	5070

(P) "Fund" means to provide for the payment of debt charges	5071
and expenses related to that payment at or prior to retirement by	5072
purchase, call for redemption, payment at maturity, or otherwise.	5073

(Q) "General obligation" means securities to the payment of	5074
debt charges on which the full faith and credit and the general	5075
property taxing power, including taxes within the tax limitation	5076
if available to the subdivision, of the subdivision are pledged.	5077

(R) "Interest" or "interest equivalent" means those payments	5078
or portions of payments, however denominated, that constitute or	5079
represent consideration for forbearing the collection of money, or	5080
for deferring the receipt of payment of money to a future time.	5081

(S) "Internal Revenue Code" means the "Internal Revenue Code	5082
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	5083
includes any laws of the United States providing for application	5084
of that code.	5085

(T) "Issuer" means any public issuer and any nonprofit	5086
corporation authorized to issue securities for or on behalf of any	5087
public issuer.	5088

(U) "Legislation" means an ordinance or resolution passed by	5089
a majority affirmative vote of the then members of the taxing	5090
authority unless a different vote is required by charter	5091
provisions governing the passage of the particular legislation by	5092
the taxing authority.	5093

(V) "Mandatory sinking fund redemption requirements" means	5094
amounts required by proceedings to be deposited in a bond	5095
retirement fund for the purpose of paying in any year or fiscal	5096
year by mandatory redemption prior to stated maturity the	5097
principal of securities that is due and payable, except for	5098
mandatory prior redemption requirements as provided in those	5099
proceedings, in a subsequent year or fiscal year.	5100

(W) "Mandatory sinking fund requirements" means amounts	5101
required by proceedings to be deposited in a year or fiscal year	5102
in a bond retirement fund for the purpose of paying the principal	5103
of securities that is due and payable in a subsequent year or	5104
fiscal year.	5105

(X) "Net indebtedness" has the same meaning as in division	5106
(A) of section 133.04 of the Revised Code.	5107

(Y) "Obligor," in the case of securities or fractionalized	5108
interests in public obligations issued by another person the debt	5109
charges or their equivalents on which are payable from payments	5110
made by a public issuer, means that public issuer.	5111

(Z) "One purpose" relating to permanent improvements means	5112
any one permanent improvement or group or category of permanent	5113
improvements for the same utility, enterprise, system, or project,	5114
development or redevelopment project, or for or devoted to the	5115
same general purpose, function, or use or for which	5116
self-supporting securities, based on the same or different sources	5117
of revenues, may be issued or for which special assessments may be	5118
levied by a single ordinance or resolution. "One purpose"	5119
includes, but is not limited to, in any case any off-street	5120
parking facilities relating to another permanent improvement, and:	5121

(1) Any number of roads, highways, streets, bridges,	5122
sidewalks, and viaducts;	5123

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

5124

(3) In the case of a county, any number of permanent	5125
improvements for courthouse, jail, county offices, and other	5126
county buildings, and related facilities;	5127

(4) In the case of a school district, any number of	5128
facilities and buildings for school district purposes, and related	5129
facilities.	5130

(AA) "Outstanding," referring to securities, means securities	5131
that have been issued, delivered, and paid for, except any of the	5132
following:	5133

(1) Securities canceled upon surrender, exchange, or	5134
transfer, or upon payment or redemption;	5135

(2) Securities in replacement of which or in exchange for	5136
which other securities have been issued;	5137

(3) Securities for the payment, or redemption or purchase for	5138
cancellation prior to maturity, of which sufficient moneys or	5139
investments, in accordance with the applicable legislation or	5140
other proceedings or any applicable law, by mandatory sinking fund	5141
redemption requirements, mandatory sinking fund requirements, or	5142
otherwise, have been deposited, and credited for the purpose in a	5143
bond retirement fund or with a trustee or paying or escrow agent,	5144
whether at or prior to their maturity or redemption, and, in the	5145
case of securities to be redeemed prior to their stated maturity,	5146
notice of redemption has been given or satisfactory arrangements	5147
have been made for giving notice of that redemption, or waiver of	5148
that notice by or on behalf of the affected security holders has	5149
been filed with the subdivision or its agent for the purpose.	5150

(BB) "Paying agent" means the one or more banks, trust	5151
companies, or other financial institutions or qualified persons,	5152
including an appropriate office or officer of the subdivision,	5153
designated as a paying agent or place of payment of debt charges	5154
on the particular securities.	5155

(CC) "Permanent improvement" or "improvement" means any	5156
property, asset, or improvement certified by the fiscal officer,	5157
which certification is conclusive, as having an estimated life or	5158
period of usefulness of five years or more, and includes, but is	5159
not limited to, real estate, buildings, and personal property and	5160
interests in real estate, buildings, and personal property,	5161
equipment, furnishings, and site improvements, and reconstruction,	5162
rehabilitation, renovation, installation, improvement,	5163
enlargement, and extension of property, assets, or improvements so	5164
certified as having an estimated life or period of usefulness of	5165
five years or more. The acquisition of all the stock ownership of	5166
a corporation is the acquisition of a permanent improvement to the	5167
extent that the value of that stock is represented by permanent	5168
improvements. A permanent improvement for parking, highway, road,	5169
and street purposes includes resurfacing, but does not include	5170
ordinary repair.	5171

(DD) "Person" has the same meaning as in section 1.59 of the	5172
Revised Code and also includes any federal, state, interstate,	5173
regional, or local governmental agency, any subdivision, and any	5174
combination of those persons.	5175

(EE) "Proceedings" means the legislation, certifications,	5176
notices, orders, sale proceedings, trust agreement or indenture,	5177
mortgage, lease, lease-purchase agreement, assignment, credit	5178
enhancement facility agreements, and other agreements,	5179
instruments, and documents, as amended and supplemented, and any	5180
election proceedings, authorizing, or providing for the terms and	5181
conditions applicable to, or providing for the security or sale or	5182
award of, public obligations, and includes the provisions set	5183
forth or incorporated in those public obligations and proceedings.	5184

(FF) "Public issuer" means any of the following that is	5185
authorized by law to issue securities or enter into public	5186
obligations:	5187

(1) The state, including an agency, commission, officer,	5188
institution, board, authority, or other instrumentality of the	5189
state;	5190

(2) A taxing authority, subdivision, district, or other local	5191
public or governmental entity, and any combination or consortium,	5192
or public division, district, commission, authority, department,	5193
board, officer, or institution, thereof;	5194

(3) Any other body corporate and politic, or other public	5195
entity.	5196

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

5197

(1) Securities;

5198

(2) Obligations of a public issuer to make payments under	5199
installment sale, lease, lease purchase, or similar agreements,	5200
which obligations bear interest or interest equivalent.	5201

(HH) "Refund" means to fund and retire outstanding	5202
securities, including advance refunding with or without payment or	5203
redemption prior to maturity.	5204

(II) "Register" means the books kept and maintained by the	5205
registrar for registration, exchange, and transfer of registered	5206
securities.	5207

(JJ) "Registrar" means the person responsible for keeping the	5208
register for the particular registered securities, designated by	5209
or pursuant to the proceedings.	5210

(KK) "Securities" means bonds, notes, certificates of	5211
indebtedness, commercial paper, and other instruments in writing,	5212
including, unless the context does not admit, anticipatory	5213
securities, issued by an issuer to evidence its obligation to	5214
repay money borrowed, or to pay interest, by, or to pay at any	5215
future time other money obligations of, the issuer of the	5216
securities, but not including public obligations described in	5217
division (GG)(2) of this section.	5218

(LL) "Self-supporting securities" means securities or	5219
portions of securities issued for the purpose of paying costs of	5220
permanent improvements to the extent that receipts of the	5221
subdivision, other than the proceeds of taxes levied by that	5222
subdivision, derived from or with respect to the improvements or	5223
the operation of the improvements being financed, or the	5224
enterprise, system, project, or category of improvements of which	5225
the improvements being financed are part, are estimated by the	5226
fiscal officer to be sufficient to pay the current expenses of	5227
that operation or of those improvements or enterprise, system,	5228
project, or categories of improvements and the debt charges	5229
payable from those receipts on securities issued for the purpose.	5230
Until such time as the improvements or increases in rates and	5231
charges have been in operation or effect for a period of at least	5232
six months, the receipts therefrom, for purposes of this	5233
definition, shall be those estimated by the fiscal officer, except	5234
that those receipts may include, without limitation, payments made	5235
and to be made to the subdivision under leases or agreements in	5236
effect at the time the estimate is made. In the case of an	5237
operation, improvements, or enterprise, system, project, or	5238
category of improvements without at least a six-month history of	5239
receipts, the estimate of receipts by the fiscal officer, other	5240
than those to be derived under leases and agreements then in	5241
effect, shall be confirmed by the taxing authority.	5242

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

5243

(1) A county, including a county that has adopted a charter	5244
under Article X, Ohio Constitution;	5245

(2) A municipal corporation, including a municipal	5246
corporation that has adopted a charter under Article XVIII, Ohio	5247
Constitution;	5248

(3) A school district;

5249

(4) A regional water and sewer district organized under	5250
Chapter 6119. of the Revised Code;	5251

(5) A joint township hospital district organized under	5252
section 513.07 of the Revised Code;	5253

(6) A joint ambulance district organized under section 505.71	5254
of the Revised Code;	5255

(7) A joint recreation district organized under division (C)	5256
of section 755.14 of the Revised Code;	5257

(8) A detention facility district organized under section	5258
2152.41, a district organized under section 2151.65, or a combined	5259
district organized under sections 2152.41 and 2151.65 of the	5260
Revised Code;	5261

(9) A township police district organized under section 505.48	5262
of the Revised Code;	5263

(10) A township;

5264

(11) A joint fire district organized under section 505.371 of	5265
the Revised Code;	5266

(12) A county library district created under section 3375.19	5267
or a regional library district created under section 3375.28 of	5268
the Revised Code;	5269

(13) A joint solid waste management district organized under	5270
section 343.01 or 343.012 of the Revised Code;	5271

(14) A joint emergency medical services district organized	5272
under section 307.052 of the Revised Code;	5273

(15) A fire and ambulance district organized under section	5274
505.375 of the Revised Code;	5275

(16) A fire district organized under division (C) of section	5276
505.37 of the Revised Code;	5277

(17) Any other political subdivision or taxing district or	5278
other local public body or agency authorized by this chapter or	5279
other laws to issue Chapter 133. securities.	5280

(NN) "Taxing authority" means in the case of the following	5281
subdivisions:	5282

(1) A county, a county library district, or a regional	5283
library district, the board or boards of county commissioners, or	5284
other legislative authority of a county that has adopted a charter	5285
under Article X, Ohio Constitution, but with respect to such a	5286
library district acting solely as agent for the board of trustees	5287
of that district;	5288

(2) A municipal corporation, the legislative authority;

5289

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

5290

(4) A regional water and sewer district, a joint ambulance	5291
district, a joint recreation district, a fire and ambulance	5292
district, or a joint fire district, the board of trustees of the	5293
district;	5294

(5) A joint township hospital district, the joint township	5295
hospital board;	5296

(6) A detention facility district or a district organized	5297
under section 2151.65 of the Revised Code, a combined district	5298
organized under sections 2152.41 and 2151.65 of the Revised Code,	5299
or a joint emergency medical services district, the joint board of	5300
county commissioners;	5301

(7) A township, a fire district organized under division (C)	5302
of section 505.37 of the Revised Code, or a township police	5303
district, the board of township trustees;	5304

(8) A joint solid waste management district organized under	5305
section 343.01 or 343.012 of the Revised Code, the board of	5306
directors of the district;	5307

(9) A subdivision described in division (MM)(17) of this	5308
section, the legislative or governing body or official.	5309

(OO) "Tax limitation" means the "ten-mill limitation" as	5310
defined in section 5705.02 of the Revised Code without diminution	5311
by reason of section 5705.313 of the Revised Code or otherwise,	5312
or, in the case of a municipal corporation or county with a	5313
different charter limitation on property taxes levied to pay debt	5314
charges on unvoted securities, that charter limitation. Those	5315
limitations shall be respectively referred to as the "ten-mill	5316
limitation" and the "charter tax limitation."	5317

(PP) "Tax valuation" means the aggregate of the valuations of	5318
property subject to ad valorem property taxation by the	5319
subdivision on the real property, personal property, and public	5320
utility property tax lists and duplicates most recently certified	5321
for collection, and shall be calculated without deductions of the	5322
valuations of otherwise taxable property exempt in whole or in	5323
part from taxation by reason of exemptions of certain amounts of	5324
taxable value under division (C) of section 5709.01 or, tax	5325
reductions under section 323.152 of the Revised Code, or similar	5326
laws now or in the future in effect.	5327

For purposes of section 133.06 of the Revised Code, "tax	5328
valuation" shall not include the valuation of tangible personal	5329
property used in business, telephone or telegraph property,	5330
interexchange telecommunications company property, or personal	5331
property owned or leased by a railroad company and used in	5332
railroad operations listed under or described in section 5711.22,	5333
division (B) or (F) of section 5727.111, or section 5727.12 of the	5334
Revised Code.	5335

(QQ) "Year" means the calendar year.

5336

(RR) "Administrative agent," "agent," "commercial paper,"	5337
"floating rate interest structure," "indexing agent," "interest	5338
rate hedge," "interest rate period," "put arrangement," and	5339
"remarketing agent" have the same meanings as in section 9.98 of	5340
the Revised Code.	5341

(SS) "Sales tax supported" means obligations to the payment	5342
of debt charges on which an additional sales tax or additional	5343
sales taxes have been pledged by the taxing authority of a county	5344
pursuant to section 133.081 of the Revised Code.	5345

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

5346

(1) "Anticipation notes" means notes issued in anticipation	5347
of the sales tax supported bonds authorized by this section;	5348

(2) "Authorizing proceedings" means the resolution,	5349
legislation, trust agreement, certification, and other agreements,	5350
instruments, and documents, as amended and supplemented,	5351
authorizing, or providing for the security or sale or award of,	5352
sales tax supported bonds, and includes the provisions set forth	5353
or incorporated in those bonds and proceedings;	5354

(3) "County sales tax" means any sales tax levied by the	5355
taxing authority of a county pursuant to section 5739.021 or	5356
5739.026 of the Revised Code, and any tax levied by that taxing	5357
authority upon storage, use, or consumption under section 5741.021	5358
or 5741.023 of the Revised Code. However, "county sales tax" does	5359
not include a sales tax subject to referendum or a sales tax that	5360
was adopted as an emergency measure and is subject to initiative	5361
petition under section 5739.022 of the Revised Code.	5362

(4) "Sales tax supported bonds" means the sales tax supported	5363
bonds authorized by this section, including anticipation notes;	5364

(5) "Refunding bonds" means sales tax supported bonds issued	5365
to provide for the refunding of the sales tax supported bonds	5366
referred to in this section as refunded obligations.	5367

(B) The taxing authority of a county which has levied a	5368
county sales tax for the purpose of providing additional general	5369
revenues of the county pursuant to Chapter 5739. of the Revised	5370
Code may anticipate the receipts of such tax and issue sales tax	5371
supported bonds of the county in the principal amount necessary to	5372
pay the costs of financing any permanent improvement as defined in	5373
division (CC) of section 133.01 of the Revised Code, or to refund	5374
any refunded obligations, provided that the taxing authority	5375
certifies that the annual debt charges on the sales tax supported	5376
bonds, or on the sales tax supported bonds being anticipated by	5377
anticipation notes, do not exceed the estimated annual county	5378
sales tax receipts. The maximum aggregate amount of sales tax	5379
supported bonds that may be outstanding at any time in accordance	5380
with their terms shall not exceed an amount which requires or is	5381
estimated to require payments from sales tax receipts of debt	5382
charges on the sales tax supported bonds, or, in the case of	5383
anticipation notes, projected debt charges on the sales tax	5384
supported bonds anticipated, in any calendar year in an amount	5385
exceeding the county sales tax in anticipation of which the bonds	5386
or anticipation notes are issued as estimated by the fiscal	5387
officer based on general sales tax receipts averaged for the prior	5388
two calendar years prior to the year in which the sales tax	5389
supported bonds are issued, and annualized for any increase in the	5390
county sales tax which may have been levied in part during such	5391
period or levied after such period. A taxing authority may at any	5392
time issue renewal anticipation notes, issue sales tax supported	5393
bonds to pay renewal anticipation notes, and, if it considers	5394
refunding expedient, issue refunding sales tax supported bonds	5395
whether the refunded obligations have or have not matured. The	5396
refunding sales tax supported bonds shall be sold and the proceeds	5397
needed for such purpose applied in the manner provided in the	5398
authorizing proceedings of the taxing authority. The maximum	5399
maturity of sales tax supported bonds shall be calculated by the	5400
fiscal officer in accordance with section 133.20 of the Revised	5401
Code, and such calculation shall be filed with the taxing	5402
authority of the county prior to passage of a bond authorizing	5403
resolution. If the county sales tax pledged to the payment of the	5404
sales tax supported bonds has a stated expiration date, the final	5405
principal maturity date of the sales tax supported bonds shall not	5406
extend beyond the final year of collection of the county sales tax	5407
pledged to the payment of the sales tax supported bonds.	5408

(C) Every issue of sales tax supported bonds outstanding in	5409
accordance with their terms shall be payable out of the sales tax	5410
receipts received by the county or proceeds of sales tax supported	5411
bonds, renewal anticipation notes, or refunding sales tax	5412
supported bonds which may be pledged for such payment in the	5413
authorizing proceedings. The pledge shall be valid and binding	5414
from the time the pledge is made, and the county sales tax	5415
receipts and proceeds so pledged and thereafter received by the	5416
county shall immediately be subject to the lien of that pledge	5417
without any physical delivery of the county sales tax receipts or	5418
proceeds or further act. The lien of any pledge is valid and	5419
binding as against all parties having claims of any kind in tort,	5420
contract, or otherwise against the county, whether or not such	5421
parties have notice of the lien. Neither the resolution nor any	5422
trust agreement by which a pledge is created or further evidenced	5423
need be filed or recorded except in the records of the taxing	5424
authority.	5425

(D) Sales tax supported bonds issued under this section do	5426
not constitute a general obligation debt, or a pledge of the full	5427
faith and credit, of the state, the county, or any other political	5428
subdivision of the state, and the holders or owners of the ~~notes~~	5429
bonds have no right to have taxes levied by the general assembly	5430
or property taxes levied by the taxing authority of any political	5431
subdivision of the state, including the taxing authority of the	5432
county, for the payment of debt charges. Unless paid from other	5433
sources, sales tax supported bonds are payable from the sales tax	5434
receipts pledged for their payment as authorized by this section.	5435
All sales tax supported bonds shall contain on their face a	5436
statement to the effect that the sales tax supported bonds, as to	5437
debt charges, are not debts or obligations of the state and are	5438
not general obligation debts of any political subdivision of the	5439
state, but, unless paid from other sources, are payable from the	5440
sales tax receipts pledged for their payment. The utilization and	5441
pledge of the sales tax receipts and proceeds of sales tax	5442
supported bonds, renewal anticipation notes, or refunding sales	5443
tax supported bonds for the payment of debt charges is determined	5444
by the general assembly to create a special obligation ~~which is~~	5445
~~not a bonded indebtedness subject to Section 11 of Article XII,~~	5446
~~Ohio Constitution~~.	5447

(E) The sales tax supported bonds shall bear such date or	5448
dates, shall be executed in the manner, and shall mature at such	5449
time or times, in the case of any anticipation notes not exceeding	5450
ten years from the date of issue of the original anticipation	5451
notes and in the case of any sales tax supported bonds or of any	5452
refunding sales tax supported bonds, not exceeding the maximum	5453
maturity certified to the taxing authority pursuant to division	5454
(B) of this section, all as the authorizing proceedings may	5455
provide. The sales tax supported bonds shall bear interest at such	5456
rates, or at variable rate or rates changing from time to time, in	5457
accordance with provisions in the authorizing proceedings, be in	5458
such denominations and form, either coupon or registered, carry	5459
such registration privileges, be payable in such medium of payment	5460
and at such place or places, and be subject to such terms of	5461
redemption, as the taxing authority may authorize or provide. The	5462
sales tax supported bonds may be sold at public or private sale,	5463
and at, or at not less than, the price or prices as the taxing	5464
authority determines. If any officer whose signature or a	5465
facsimile of whose signature appears on any sales tax supported	5466
bonds or coupons ceases to be such officer before delivery of the	5467
sales tax supported bonds or anticipation notes, the signature or	5468
facsimile shall nevertheless be sufficient for all purposes as if	5469
that officer had remained in office until delivery of the sales	5470
tax supported bonds. Whether or not the sales tax supported bonds	5471
are of such form and character as to be negotiable instruments	5472
under Title XIII of the Revised Code, the sales tax supported	5473
bonds shall have all the qualities and incidents of negotiable	5474
instruments, subject only to any provisions for registration.	5475
Neither the members of the board of the taxing authority nor any	5476
person executing the sales tax supported bonds shall be liable	5477
personally on the sales tax supported bonds or be subject to any	5478
personal liability or accountability by reason of their issuance.	5479

(F) Notwithstanding any other provision of this section,	5480
sections 9.98 to 9.983, 133.02, 133.70, and 5709.76, and division	5481
(A) of section 133.03 of the Revised Code apply to the sales tax	5482
supported bonds. Sales tax supported bonds issued under this	5483
section need not comply with any other law applicable to notes or	5484
bonds but the authorizing proceedings may provide that divisions	5485
(B) to (E) of section 133.25 of the Revised Code apply to the	5486
sales tax supported bonds or anticipation notes.	5487

(G) Any authorized proceedings may contain provisions,	5488
subject to any agreements with holders as may then exist, which	5489
shall be a part of the contract with the holders, as to the	5490
pledging of any or all of the county's anticipated sales tax	5491
receipts to secure the payment of the sales tax supported bonds;	5492
the use and disposition of the sales tax receipts of the county;	5493
the crediting of the proceeds of the sale of sales tax supported	5494
bonds to and among the funds referred to or provided for in the	5495
authorizing proceedings; limitations on the purpose to which the	5496
proceeds of the sales tax supported bonds may be applied and the	5497
pledging of portions of such proceeds to secure the payment of the	5498
sales tax supported bonds or of anticipation notes; the agreement	5499
of the county to do all things necessary for the authorization,	5500
issuance, and sale of those notes anticipated in such amounts as	5501
may be necessary for the timely payment of debt charges on any	5502
anticipation notes; limitations on the issuance of additional	5503
sales tax supported bonds; the terms upon which additional sales	5504
tax supported bonds may be issued and secured; the refunding of	5505
refunded obligations; the procedure by which the terms of any	5506
contract with holders may be amended, and the manner in which any	5507
required consent to amend may be given; securing any sales tax	5508
supported bonds by a trust agreement or other agreement; and any	5509
other matters, of like or different character, that in any way	5510
affect the security or protection of the sales tax supported bonds	5511
or anticipation notes.	5512

(H) The taxing authority of a county may not repeal, rescind,	5513
or reduce any portion of a county sales tax pledged to the payment	5514
of debt charges on sales tax supported bonds issued by the county	5515
while such sales tax supported bonds remain outstanding, and no	5516
portion of a county sales tax pledged to the payment of debt	5517
charges on sales tax supported bonds shall be subject to repeal or	5518
reduction by the electorate of the county or by the taxing	5519
authority of the county while such sales tax supported bonds are	5520
outstanding.	5521

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

5522

(1) "Historic building" means a building, including its	5523
structural components, that is located in this state and that is	5524
either individually listed on the national register of historic	5525
places under 16 U.S.C. 470a, located in a registered historic	5526
district, and certified by the state historic preservation officer	5527
as being of historic significance to the district, or is	5528
individually listed as a historic landmark designated by a local	5529
government certified under 16 U.S.C. 470a(c).	5530

(2) "Qualified rehabilitation expenditures" means	5531
expenditures paid or incurred during the rehabilitation period,	5532
and before and after that period as determined under 26 U.S.C. 47,	5533
by an owner of a historic building to rehabilitate the building.	5534
"Qualified rehabilitation expenditures" includes architectural or	5535
engineering fees paid or incurred in connection with the	5536
rehabilitation, and expenses incurred in the preparation of	5537
nomination forms for listing on the national register of historic	5538
places. "Qualified rehabilitation expenditures" does not include	5539
any of the following:	5540

(a) The cost of acquiring, expanding, or enlarging a historic	5541
building;	5542

(b) Expenditures attributable to work done to facilities	5543
related to the building, such as parking lots, sidewalks, and	5544
landscaping;	5545

5546

(3) "Owner" of a historic building means a person holding the	5547
fee simple interest in the building.	5548

(4) "Certificate owner" means the owner of a historic	5549
building to which a rehabilitation tax credit certificate was	5550
issued under this section.	5551

(5) "Registered historic district" means a historic district	5552
listed in the national register of historic places under 16 U.S.C.	5553
470a, a historic district designated by a local government	5554
certified under 16 U.S.C. 470a(c), or a local historic district	5555
certified under 36 C.F.R. 67.8 and 67.9.	5556

(6) "Rehabilitation" means the process of repairing or	5557
altering a historic building or buildings, making possible an	5558
efficient use while preserving those portions and features of the	5559
building and its site and environment that are significant to its	5560
historic, architectural, and cultural values.	5561

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

5562

(a) If the rehabilitation initially was not planned to be	5563
completed in stages, a period chosen by the owner not to exceed	5564
twenty-four months during which rehabilitation occurs;	5565

(b) If the rehabilitation initially was planned to be	5566
completed in stages, a period chosen by the owner not to exceed	5567
sixty months during which rehabilitation occurs.	5568

(8) "State historic preservation officer" or "officer" means	5569
the state historic preservation officer appointed by the governor	5570
under 16 U.S.C. 470a.	5571

(9) "Application period" means either of the following time	5572
periods during which an application for a rehabilitation tax	5573
credit certificate may be filed under this section:	5574

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

5575

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

5576

(B) On or after July 1, 2007, but before July 1, 2009, the	5577
owner of a historic building may apply to the state historic	5578
preservation officer for a rehabilitation tax credit certificate	5579
for qualified rehabilitation expenditures paid or incurred after	5580
~~the effective date of this section~~April 4, 2007, for	5581
rehabilitation of a historic building. The form and manner of	5582
filing such applications shall be prescribed by rule of the	5583
director of development, and applications expire at the end of	5584
each application period. Before July 1, 2007, the director, after	5585
consultation with the tax commissioner and in accordance with	5586
Chapter 119. of the Revised Code, shall adopt rules that establish	5587
all of the following:	5588

(1) Forms and procedures by which applicants may apply for	5589
rehabilitation tax credit certificates;	5590

(2) Criteria for reviewing, evaluating, and approving	5591
applications for certificates within the limitation on the number	5592
of applications that may be approved in an application period	5593
under division (D) of this section, criteria for assuring that the	5594
certificates issued encompass a mixture of high and low qualified	5595
rehabilitation expenditures, and criteria for issuing certificates	5596
under division (C)(3)(b) of this section;	5597

(3) Eligibility requirements for obtaining a certificate	5598
under this section;	5599

(4) The form of rehabilitation tax credit certificates;

5600

(5) Reporting requirements and monitoring procedures;

5601

(6) Any other rules necessary to implement and administer	5602
this section.	5603

(C) The state historic preservation officer shall accept	5604
applications in the order in which they are filed. Within seven	5605
days after an application is filed, the officer shall forward it	5606
to the director of development who shall review the application	5607
and determine whether all of the following criteria are met:	5608

(1) That the building that is the subject of the application	5609
is a historic building and the applicant is the owner of the	5610
building;	5611

(2) That the rehabilitation will satisfy standards prescribed	5612
by the United States secretary of the interior under 16 U.S.C.	5613
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	5614
that section;	5615

(3) That receiving a rehabilitation tax credit certificate	5616
under this section is a major factor in:	5617

(a) The applicant's decision to rehabilitate the historic	5618
building; or	5619

(b) To increase the level of investment in such	5620
rehabilitation.	5621

An applicant shall demonstrate to the satisfaction of the	5622
state historic preservation officer and director of development	5623
that the rehabilitation will satisfy the standards described in	5624
division (C)(2) of this section before the applicant begins the	5625
physical rehabilitation of the historic building.	5626

(D) If the director of development determines that the	5627
criteria in divisions (C)(1), (2), and (3) of this section are	5628
met, the director, in conjunction with the tax commissioner, shall	5629
conduct a cost and benefit analysis for the historic building that	5630
is the subject of an application filed under this section to	5631
determine whether rehabilitation of the historic building,	5632
including activities during the construction phase of the	5633
rehabilitation, will result in a net revenue gain in state and	5634
local taxes ~~once the building is used~~. The director shall not	5635
approve an application and issue a rehabilitation tax credit	5636
certificate to an applicant unless the cost and benefit analysis	5637
of the historic building determines that there will be a net	5638
revenue gain in state and local taxes once the building is used. A	5639
rehabilitation tax credit certificate shall not be issued before	5640
rehabilitation of a historic building is completed. The director	5641
shall not approve more than one hundred applications in an	5642
application period.	5643

(E) Issuance of a certificate represents a finding by the	5644
director of development of the matters described in divisions	5645
(C)(1), (2), and (3) of this section only; issuance of a	5646
certificate does not represent a verification or certification by	5647
the director of the amount of qualified rehabilitation	5648
expenditures for which a tax credit may be claimed under section	5649
5725.151, 5733.47, or 5747.76 of the Revised Code. The amount of	5650
qualified rehabilitation expenditures for which a tax credit may	5651
be claimed is subject to inspection and examination by the tax	5652
commissioner or employees of the commissioner under section	5653
5703.19 of the Revised Code and any other applicable law. Upon the	5654
issuance of a certificate, the director shall certify to the tax	5655
commissioner, in the form and manner requested by the tax	5656
commissioner, the name of the applicant, the amount of qualified	5657
rehabilitation expenditures shown on the certificate, and any	5658
other information required by the rules adopted under this	5659
section.	5660

(F)(1) On or before the first day of December in 2007, 2008,	5661
and 2009, the director of development and tax commissioner jointly	5662
shall submit to the president of the senate and the speaker of the	5663
house of representatives a report on the tax credit program	5664
established under this section and sections 5725.151, 5733.47, and	5665
5747.76 of the Revised Code. The report shall present an overview	5666
of the program and shall include information on the number of	5667
rehabilitation tax credit certificates issued under this section	5668
during an application period, an update on the status of each	5669
historic building for which an application was approved under this	5670
section, the dollar amount of the tax credits granted under	5671
sections 5725.151, 5733.47, and 5747.76 of the Revised Code, and	5672
any other information the director and commissioner consider	5673
relevant to the topics addressed in the report.	5674

(2) On or before December 1, 2010, the director of	5675
development and tax commissioner jointly shall submit to the	5676
president of the senate and the speaker of the house of	5677
representatives a comprehensive report that includes the	5678
information required by division (F)(1) of this section and a	5679
detailed analysis of the effectiveness of issuing tax credits for	5680
rehabilitating historic buildings. The report shall be prepared	5681
with the assistance of an economic research organization jointly	5682
chosen by the director and commissioner.	5683

Sec. 151.08. This section applies to obligations as defined	5684
in this section.	5685

(A) As used in this section:

5686

(1) "Capital facilities" or "capital improvement projects"	5687
means the acquisition, construction, reconstruction, improvement,	5688
planning, and equipping of roads and bridges, waste water	5689
treatment systems, water supply systems, solid waste disposal	5690
facilities, flood control systems, and storm water and sanitary	5691
collection, storage, and treatment facilities, including real	5692
property, interests in real property, facilities, and equipment	5693
related or incidental to those facilities.	5694

(2) "Costs of capital facilities" include related direct	5695
administrative expenses and allocable portions of direct costs of	5696
the Ohio public works commission and the local subdivision.	5697

(3) "Local subdivision" means any county, municipal	5698
corporation, township, sanitary district, or regional water and	5699
sewer district.	5700

(4) "Obligations" means obligations as defined in section	5701
151.01 of the Revised Code issued to pay costs of capital	5702
facilities.	5703

(B)(1) The issuing authority shall issue obligations to pay	5704
costs of financing or assisting in the financing of the capital	5705
improvement projects of local subdivisions pursuant to Section 2m	5706
of Article VIII, Ohio Constitution, section 151.01 of the Revised	5707
Code, and this section. Not more than one hundred twenty million	5708
dollars principal amount of obligations, plus the principal amount	5709
of obligations that in any prior fiscal years could have been, but	5710
were not, issued within that one-hundred-twenty-million dollar	5711
fiscal year limit, may be issued in any fiscal year. Not more than	5712
one billion two hundred million dollars principal amount of	5713
obligations pursuant to Section 2m of Article VIII, Ohio	5714
Constitution may be issued for the purposes of this section and	5715
division (B)(2) of section 164.09 of the Revised Code.	5716

(2) The issuing authority shall issue obligations to pay	5717
costs of financing or assisting in the financing of the capital	5718
improvement projects of local subdivisions pursuant to Section 2p	5719
of Article VIII, Ohio Constitution, section 151.01 of the Revised	5720
Code, and this section. Not more than one hundred twenty million	5721
dollars in principal amount of such obligations may be issued in	5722
any of the first five fiscal years of issuance and not more than	5723
one hundred fifty million dollars in principal amount of such	5724
obligations may be issued in any of the next five fiscal years,	5725
plus in each case the principal amount of such obligations that in	5726
any prior fiscal year could have been but were not issued within	5727
those fiscal year limits. No obligations shall be issued for the	5728
purposes of this section pursuant to Section 2p of Article VIII,	5729
Ohio Constitution, until at least one billion one hundred	5730
ninety-nine million five hundred thousand dollars aggregate	5731
principal amount of obligations have been issued pursuant to	5732
Section 2m of Article VIII, Ohio Constitution. Not more than one	5733
billion three hundred fifty million dollars principal amount of	5734
obligations may be issued pursuant to Section 2p of Article VIII,	5735
Ohio Constitution for the purposes of this section.	5736

(C) Net proceeds of obligations shall be deposited into the	5737
state capital improvements fund created by section 164.08 of the	5738
Revised Code.	5739

(D) There is hereby created in the state treasury the "state	5740
capital improvements bond service fund." All moneys received by	5741
the state and required by the bond proceedings, consistent with	5742
this section and section 151.01 of the Revised Code, to be	5743
deposited, transferred, or credited to the bond service fund, and	5744
all other moneys transferred or allocated to or received for the	5745
purposes of that fund, shall be deposited and credited to the bond	5746
service fund, subject to any applicable provisions of the bond	5747
proceedings but without necessity for any act of appropriation.	5748
During the period beginning with the date of the first issuance of	5749
obligations and continuing during the time that any obligations	5750
are outstanding in accordance with their terms, so long as moneys	5751
in the bond service fund are insufficient to pay debt service when	5752
due on those obligations payable from that fund (except the	5753
principal amounts of bond anticipation notes payable from the	5754
proceeds of renewal notes or bonds anticipated) and due in the	5755
particular fiscal year, a sufficient amount of revenues of the	5756
state is committed and, without necessity for further act of	5757
appropriation, shall be paid to the bond service fund for the	5758
purpose of paying that debt service when due.	5759

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

5760

(1) "Bond proceedings" includes any trust agreements, and any	5761
amendments or supplements to them, as authorized by this section.	5762

(2) "Costs of revitalization projects" includes related	5763
direct administrative expenses and allocable portions of the	5764
direct costs of those projects of the department of development or	5765
the environmental protection agency.	5766

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

5767

(4) "Obligations" means obligations as defined in section	5768
151.01 of the Revised Code issued to pay the costs of projects for	5769
revitalization purposes as referred to in division (A)(2) of	5770
Section 2o of Article VIII, Ohio Constitution.	5771

(5) "Pledged liquor profits" means all receipts of the state	5772
representing the gross profit on the sale of spirituous liquor, as	5773
referred to in division (B)(4) of section 4301.10 of the Revised	5774
Code, after paying all costs and expenses of the division of	5775
liquor control and providing an adequate working capital reserve	5776
for the division of liquor control as provided in that division,	5777
but excluding the sum required by the second paragraph of section	5778
4301.12 of the Revised Code, as it was in effect on May 2, 1980,	5779
to be paid into the state treasury.	5780

(6) "Pledged receipts" means, as and to the extent provided	5781
in bond proceedings:	5782

(a) Pledged liquor profits. The pledge of pledged liquor	5783
profits to obligations is subject to the priority of the pledge of	5784
those profits to obligations issued and to be issued pursuant to	5785
Chapter 166. of the Revised Code.	5786

(b) Moneys accruing to the state from the lease, sale, or	5787
other disposition or use of revitalization projects or from the	5788
repayment, including any interest, of loans or advances made from	5789
net proceeds;	5790

5791

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

5792

(e) Any gifts, grants, donations, or pledges, and receipts	5793
therefrom, available for the payment of debt service;	5794

(f) Additional or any other specific revenues or receipts	5795
lawfully available to be pledged, and pledged, pursuant to further	5796
authorization by the general assembly, to the payment of debt	5797
service.	5798

(B)(1) The issuing authority shall issue obligations of the	5799
state to pay costs of revitalization projects pursuant to division	5800
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section	5801
151.01 of the Revised Code as applicable to this section, and this	5802
section. The issuing authority, upon the certification to it by	5803
the clean Ohio council of the amount of moneys needed in and for	5804
the purposes of the clean Ohio revitalization fund created by	5805
section 122.658 of the Revised Code, shall issue obligations in	5806
the amount determined by the issuing authority to be required for	5807
those purposes. Not more than two hundred million dollars	5808
principal amount of obligations issued under this section for	5809
revitalization purposes may be outstanding at any one time. Not	5810
more than fifty million dollars principal amount of obligations,	5811
plus the principal amount of obligations that in any prior fiscal	5812
year could have been, but were not issued within the	5813
fifty-million-dollar fiscal year limit, may be issued in any	5814
fiscal year.	5815

(2) The provisions and authorizations in section 151.01 of	5816
the Revised Code apply to the obligations and the bond proceedings	5817
except as otherwise provided or provided for in those obligations	5818
and bond proceedings.	5819

(C) Net proceeds of obligations shall be deposited in the	5820
clean Ohio revitalization fund created in section 122.658 of the	5821
Revised Code.	5822

(D) There is hereby created the revitalization projects bond	5823
service fund, which shall be in the custody of the treasurer of	5824
state, but shall be separate and apart from and not a part of the	5825
state treasury. All money received by the state and required by	5826
the bond proceedings, consistent with section 151.01 of the	5827
Revised Code and this section, to be deposited, transferred, or	5828
credited to the bond service fund, and all other money transferred	5829
or allocated to or received for the purposes of that fund, shall	5830
be deposited and credited to the bond service fund, subject to any	5831
applicable provisions of the bond proceedings, but without	5832
necessity for any act of appropriation. During the period	5833
beginning with the date of the first issuance of obligations and	5834
continuing during the time that any obligations are outstanding in	5835
accordance with their terms, so long as moneys in the bond service	5836
fund are insufficient to pay debt service when due on those	5837
obligations payable from that fund, except the principal amounts	5838
of bond anticipation notes payable from the proceeds of renewal	5839
notes or bonds anticipated, and due in the particular fiscal year,	5840
a sufficient amount of pledged receipts is committed and, without	5841
necessity for further act of appropriation, shall be paid to the	5842
bond service fund for the purpose of paying that debt service when	5843
due.	5844

(E) The issuing authority may pledge all, or such portion as	5845
the issuing authority determines, of the pledged receipts to the	5846
payment of the debt service charges on obligations issued under	5847
this section, and for the establishment and maintenance of any	5848
reserves, as provided in the bond proceedings, and make other	5849
provisions in the bond proceedings with respect to pledged	5850
receipts as authorized by this section, which provisions are	5851
controlling notwithstanding any other provisions of law pertaining	5852
to them.	5853

(F) The issuing authority may covenant in the bond	5854
proceedings, and such covenants shall be controlling	5855
notwithstanding any other provision of law, that the state and	5856
applicable officers and state agencies, including the general	5857
assembly, so long as any obligations issued under this section are	5858
outstanding, shall maintain statutory authority for and cause to	5859
be charged and collected wholesale or retail prices for spirituous	5860
liquor sold by the state or its agents so that the available	5861
pledged receipts are sufficient in time and amount to meet debt	5862
service payable from pledged liquor profits and for the	5863
establishment and maintenance of any reserves and other	5864
requirements provided for in the bond proceedings.	5865

(G) Obligations may be further secured, as determined by the	5866
issuing authority, by a trust agreement between the state and a	5867
corporate trustee, which may be any trust company or bank having	5868
~~its principal~~a place of business within the state. Any trust	5869
agreement may contain the resolution or order authorizing the	5870
issuance of the obligations, any provisions that may be contained	5871
in any bond proceedings, and other provisions that are customary	5872
or appropriate in an agreement of that type, including, but not	5873
limited to:	5874

(1) Maintenance of each pledge, trust agreement, or other	5875
instrument comprising part of the bond proceedings until the state	5876
has fully paid or provided for the payment of debt service on the	5877
obligations secured by it;	5878

(2) In the event of default in any payments required to be	5879
made by the bond proceedings, enforcement of those payments or	5880
agreements by mandamus, the appointment of a receiver, suit in	5881
equity, action at law, or any combination of them;	5882

(3) The rights and remedies of the holders or owners of	5883
obligations and of the trustee and provisions for protecting and	5884
enforcing them, including limitations on rights of individual	5885
holders and owners.	5886

(H) The obligations shall not be general obligations of the	5887
state and the full faith and credit, revenue, and taxing power of	5888
the state shall not be pledged to the payment of debt service on	5889
them. The holders or owners of the obligations shall have no right	5890
to have any moneys obligated or pledged for the payment of debt	5891
service except as provided in this section and in the applicable	5892
bond proceedings. The rights of the holders and owners to payment	5893
of debt service are limited to all or that portion of the pledged	5894
receipts, and those special funds, pledged to the payment of debt	5895
service pursuant to the bond proceedings in accordance with this	5896
section, and each obligation shall bear on its face a statement to	5897
that effect.	5898

Sec. 156.02. The director of administrative services may	5899
contract with ~~an energy services company, contractor, architect,~~	5900
~~professional engineer, or other person experienced in the design~~	5901
~~and implementation of energy conservation measures~~the office of	5902
energy efficiency in the department of development for a report	5903
containing an analysis and recommendations pertaining to the	5904
implementation of energy conservation measures that would	5905
significantly reduce energy consumption and operating costs in any	5906
buildings owned by the state and, upon request of its board of	5907
trustees or managing authority, any building owned by an	5908
institution of higher education as defined in section 3345.12 of	5909
the Revised Code. The report shall include estimates of all costs	5910
of such measures, including the costs of design, engineering,	5911
installation, maintenance, repairs, and debt service, and	5912
estimates of the amounts by which energy consumption and operating	5913
costs would be reduced.	5914

Sec. 164.03. For the purpose of allocating the funds made	5915
available to finance public infrastructure capital improvement	5916
projects of local subdivisions through the issuance of general	5917
obligations of the state of Ohio pursuant to Section 2k or, 2m, or	5918
2p of Article VIII, Ohio Constitution, the state is divided into	5919
the following districts:	5920

District one. Cuyahoga county shall constitute district one.

5921

District two. Hamilton county shall constitute district two.

5922

District three. Franklin county shall constitute district	5923
three.	5924

District four. Montgomery county shall constitute district	5925
four.	5926

District five. Defiance, Erie, Fulton, Henry, Ottawa,	5927
Paulding, Sandusky, Williams, and Wood counties shall constitute	5928
district five.	5929

District six. Mahoning and Trumbull counties shall constitute	5930
district six.	5931

District seven. Ashtabula, Geauga, Lake, and Portage counties	5932
shall constitute district seven.	5933

District eight. Summit county shall constitute district	5934
eight.	5935

District nine. Lorain, Huron, and Medina counties shall	5936
constitute district nine.	5937

District ten. Butler, Clermont, Clinton, and Warren counties	5938
shall constitute district ten.	5939

District eleven. Champaign, Clark, Darke, Greene, Madison,	5940
Miami, Preble, and Union counties shall constitute district	5941
eleven.	5942

District twelve. Lucas county shall constitute district	5943
twelve.	5944

District thirteen. Allen, Auglaize, Hancock, Logan, Mercer,	5945
Putnam, Shelby, and Van Wert counties shall constitute district	5946
thirteen.	5947

District fourteen. Carroll, Columbiana, Coshocton, Guernsey,	5948
Harrison, Holmes, Jefferson, and Tuscarawas counties shall	5949
constitute district fourteen.	5950

District fifteen. Adams, Brown, Fayette, Gallia, Highland,	5951
Jackson, Lawrence, Pike, Ross, Scioto, and Vinton counties shall	5952
constitute district fifteen.	5953

District sixteen. Ashland, Crawford, Hardin, Marion,	5954
Richland, Seneca, Wayne, and Wyandot counties shall constitute	5955
district sixteen.	5956

District seventeen. Delaware, Fairfield, Knox, Licking,	5957
Morrow, and Pickaway counties shall constitute district seventeen.	5958

District eighteen. Athens, Belmont, Hocking, Meigs, Monroe,	5959
Morgan, Muskingum, Noble, Perry, and Washington counties shall	5960
constitute district eighteen.	5961

District nineteen. Stark county shall constitute district	5962
nineteen.	5963

Sec. 164.08. (A) Except as provided in sections 151.01 and	5964
151.08 or section 164.09 of the Revised Code, the net proceeds of	5965
obligations issued and sold by the treasurer of state pursuant to	5966
section 164.09 of the Revised Code before September 30, 2000, or	5967
pursuant to sections 151.01 and 151.08 of the Revised Code, for	5968
the purpose of financing or assisting in the financing of the cost	5969
of public infrastructure capital improvement projects of local	5970
subdivisions, as provided for in Section 2k or, 2m, or 2p of	5971
Article VIII, Ohio Constitution, and this chapter, shall be paid	5972
into the state capital improvements fund, which is hereby created	5973
in the state treasury. Investment earnings on moneys in the fund	5974
shall be credited to the fund.	5975

(B) Each program year the amount of obligations authorized by	5976
the general assembly in accordance with sections 151.01 and 151.08	5977
or section 164.09 of the Revised Code, excluding the proceeds of	5978
refunding or renewal obligations, shall be allocated by the	5979
director of the Ohio public works commission as follows:	5980

(1) First, twelve million dollars of the amount of	5981
obligations authorized shall be allocated to provide financial	5982
assistance to villages and to townships with populations in the	5983
unincorporated areas of the township of less than five thousand	5984
persons, for capital improvements in accordance with section	5985
164.051 and division (D) of section 164.06 of the Revised Code. As	5986
used in division (B)(1) of this section, "capital improvements"	5987
includes resurfacing and improving roads.	5988

(2) Following the allocation required by division (B)(1) of	5989
this section, the director may allocate two million five hundred	5990
thousand dollars of the authorized obligations to provide	5991
financial assistance to local subdivisions for capital improvement	5992
projects which in the judgment of the director of the Ohio public	5993
works commission are necessary for the immediate preservation of	5994
the health, safety, and welfare of the citizens of the local	5995
subdivision requesting assistance.	5996

(3) For the second, third, fourth, and fifth years that	5997
obligations are authorized and are available for allocation under	5998
this chapter, one million dollars shall be allocated to the sewer	5999
and water fund created in section 1525.11 of the Revised Code.	6000
Money from this allocation shall be transferred to that fund when	6001
needed to support specific payments from that fund.	6002

(4) For program years twelve and fourteen that obligations	6003
are authorized and available for allocation under this chapter,	6004
two million dollars each program year shall be allocated to the	6005
small county capital improvement program for use in providing	6006
financial assistance under division (F) of section 164.02 of the	6007
Revised Code.	6008

(5) After the allocation required by division (B)(3) of this	6009
section is made, the director shall determine the amount of the	6010
remaining obligations authorized to be issued and sold that each	6011
county would receive if such amounts were allocated on a per	6012
capita basis each year. If a county's per capita share for the	6013
year would be less than three hundred thousand dollars, the	6014
director shall allocate to the district in which that county is	6015
located an amount equal to the difference between three hundred	6016
thousand dollars and the county's per capita share.	6017

(6) After making the allocation required by division (B)(5)	6018
of this section, the director shall allocate the remaining amount	6019
to each district on a per capita basis.	6020

(C)(1) There is hereby created in the state treasury the	6021
state capital improvements revolving loan fund, into which shall	6022
be deposited all repayments of loans made to local subdivisions	6023
for capital improvements pursuant to this chapter. Investment	6024
earnings on moneys in the fund shall be credited to the fund.	6025

(2) There may also be deposited in the state capital	6026
improvements revolving loan fund moneys obtained from federal or	6027
private grants, or from other sources, which are to be used for	6028
any of the purposes authorized by this chapter. Such moneys shall	6029
be allocated each year in accordance with division (B)(6) of this	6030
section.	6031

(3) Moneys deposited into the state capital improvements	6032
revolving loan fund shall be used to make loans for the purpose of	6033
financing or assisting in the financing of the cost of capital	6034
improvement projects of local subdivisions.	6035

(4) Investment earnings credited to the state capital	6036
improvements revolving loan fund that exceed the amounts required	6037
to meet estimated federal arbitrage rebate requirements shall be	6038
used to pay costs incurred by the public works commission in	6039
administering this section. Investment earnings credited to the	6040
state capital improvements revolving loan fund that exceed the	6041
amounts required to pay for the administrative costs and estimated	6042
rebate requirements shall be allocated to each district on a per	6043
capita basis.	6044

(5) Each program year, loan repayments received and on	6045
deposit in the state capital improvements revolving loan fund	6046
shall be allocated as follows:	6047

(a) Each district public works integrating committee shall be	6048
allocated an amount equal to the sum of all loan repayments made	6049
to the state capital improvements revolving loan fund by local	6050
subdivisions that are part of the district. Moneys not used in a	6051
program year may be used in the next program year in the same	6052
manner and for the same purpose as originally allocated.	6053

(b) Loan repayments made pursuant to projects approved under	6054
division (B)(1) of this section shall be used to make loans in	6055
accordance with section 164.051 and division (D) of section 164.06	6056
of the Revised Code. Allocations for this purpose made pursuant to	6057
division (C)(5) of this section shall be in addition to the	6058
allocation provided in division (B)(1) of this section.	6059

(c) Loan repayments made pursuant to projects approved under	6060
division (B)(2) of this section shall be used to make loans in	6061
accordance with division (B)(2) of this section. Allocations for	6062
this purpose made pursuant to division (C)(5) of this section	6063
shall be in addition to the allocation provided in division (B)(2)	6064
of this section.	6065

(d) Loans made from the state capital improvements revolving	6066
loan fund shall not be limited in their usage by divisions (E),	6067
(F), (G), (H), and (I) of section 164.05 of the Revised Code.	6068

(D) Investment earnings credited to the state capital	6069
improvements fund that exceed the amounts required to meet	6070
estimated federal arbitrage rebate requirements shall be used to	6071
pay costs incurred by the public works commission in administering	6072
sections 164.01 to 164.12 of the Revised Code.	6073

(E) The director of the Ohio public works commission shall	6074
notify the director of budget and management of the amounts	6075
allocated pursuant to this section and such information shall be	6076
entered into the state accounting system. The director of budget	6077
and management shall establish appropriation line items as needed	6078
to track these allocations.	6079

(F) If the amount of a district's allocation in a program	6080
year exceeds the amount of financial assistance approved for the	6081
district by the commission for that year, the remaining portion of	6082
the district's allocation shall be added to the district's	6083
allocation pursuant to division (B) of this section for the next	6084
succeeding year for use in the same manner and for the same	6085
purposes as it was originally allocated, except that any portion	6086
of a district's allocation which was available for use on new or	6087
expanded infrastructure pursuant to division (H) of section 164.05	6088
of the Revised Code shall be available in succeeding years only	6089
for the repair and replacement of existing infrastructure.	6090

(G) When an allocation based on population is made by the	6091
director pursuant to division (B) of this section, the director	6092
shall use the most recent decennial census statistics, and shall	6093
not make any reallocations based upon a change in a district's	6094
population.	6095

Sec. 164.09. (A) The issuer is authorized to issue and sell,	6096
as provided in this section and in amounts from time to time	6097
authorized by the general assembly, general obligations of this	6098
state for the purpose of financing or assisting in the financing	6099
of the costs of public infrastructure capital improvements for	6100
local subdivisions. The full faith and credit, revenues, and	6101
taxing power of the state are and shall be pledged to the timely	6102
payment of bond service charges on outstanding obligations, all in	6103
accordance with Section 2k or 2m of Article VIII, Ohio	6104
Constitution and sections 164.09 to 164.12 of the Revised Code,	6105
excluding from that pledge fees, excises, or taxes relating to the	6106
registration, operation, or use of vehicles on the public	6107
highways, or to fuels used for propelling those vehicles, and so	6108
long as such obligations are outstanding there shall be levied and	6109
collected excises and taxes, excluding those excepted above, in	6110
amounts sufficient to pay the bond service charges on such	6111
obligations and costs relating to credit facilities.	6112

(B)(1) The total principal amount of obligations issued	6113
pursuant to Section 2k of Article VIII, Ohio Constitution shall	6114
not exceed one billion two hundred million dollars, and not more	6115
than one hundred twenty million dollars in principal amount of	6116
obligations may be issued in any calendar year, all determined as	6117
provided in sections 164.09 to 164.12 of the Revised Code.	6118

(2) The total principal amount of obligations issued for the	6119
purposes of this section pursuant to Section 2m of Article VIII,	6120
Ohio Constitution, shall not exceed one billion two hundred	6121
million dollars. Not more than one hundred twenty million dollars	6122
in principal amount of such obligations, plus the principal amount	6123
of such obligations that in any prior fiscal years could have been	6124
but were not issued within the one-hundred-twenty-million-dollar	6125
fiscal year limit, may be issued in any fiscal year. No	6126
obligations shall be issued for the purposes of this section	6127
pursuant to Section 2m of Article VIII, Ohio Constitution, until	6128
at least one billion one hundred ninety-nine million five hundred	6129
thousand dollars aggregate principal amount of obligations have	6130
been issued pursuant to Section 2k of Article VIII, Ohio	6131
Constitution. The amounts specified under division (B)(2) of this	6132
section shall be determined as provided in sections 164.09 to	6133
164.12 of the Revised Code.	6134

(C) Each issue of obligations shall be authorized by order of	6135
the issuer. The bond proceedings shall provide for the principal	6136
amount or maximum principal amount of obligations of an issue, and	6137
shall provide for or authorize the manner or agency for	6138
determining the principal maturity or maturities, not exceeding	6139
the earlier of thirty years from the date of issuance of the	6140
particular obligations or thirty years from the date the debt	6141
represented by the particular obligations was originally	6142
contracted, the interest rate or rates, the date of and the dates	6143
of payment of interest on the obligations, their denominations,	6144
and the establishment within or without the state of a place or	6145
places of payment of bond service charges. Sections 9.96 and 9.98	6146
to 9.983 of the Revised Code are applicable to the obligations.	6147
The purpose of the obligations may be stated in the bond	6148
proceedings as "financing or assisting in the financing of local	6149
subdivisions capital improvement projects."	6150

(D) The proceeds of the obligations, except for any portion	6151
to be deposited in special funds, or in escrow funds for the	6152
purpose of refunding outstanding obligations, all as may be	6153
provided in the bond proceedings, shall be deposited to the state	6154
capital improvements fund established by section 164.08 of the	6155
Revised Code.	6156

(E) The issuer may appoint paying agents, bond registrars,	6157
securities depositories, and transfer agents, and may retain the	6158
services of financial advisers and accounting experts, and retain	6159
or contract for the services of marketing, remarketing, indexing,	6160
and administrative agents, other consultants, and independent	6161
contractors, including printing services, as are necessary in the	6162
issuer's judgment to carry out sections 164.01 to 164.12 of the	6163
Revised Code. Financing costs are payable, as provided in the bond	6164
proceedings, from the proceeds of the obligations, from special	6165
funds, or from other moneys available for the purpose.	6166

(F) The bond proceedings, including any trust agreement, may	6167
contain additional provisions customary or appropriate to the	6168
financing or to the obligations or to particular obligations,	6169
including but not limited to:	6170

(1) The redemption of obligations prior to maturity at the	6171
option of the state or of the holder or upon the occurrence of	6172
certain conditions at such price or prices and under such terms	6173
and conditions as are provided in the bond proceedings;	6174

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

6175

(3) The establishment, deposit, investment, and application	6176
of special funds, and the safeguarding of moneys on hand or on	6177
deposit, without regard to Chapter 131. or 135. of the Revised	6178
Code, but subject to any special provisions of this section with	6179
respect to particular funds or moneys, and provided that any bank	6180
or trust company that acts as a depository of any moneys in	6181
special funds may furnish such indemnifying bonds or may pledge	6182
such securities as required by the issuer;	6183

(4) Any or every provision of the bond proceedings binding	6184
upon the issuer and such state agency or local subdivision,	6185
officer, board, commission, authority, agency, department, or	6186
other person or body as may from time to time have the authority	6187
under law to take such actions as may be necessary to perform all	6188
or any part of the duty required by such provision;	6189

(5) The maintenance of each pledge, any trust agreement, or	6190
other instrument comprising part of the bond proceedings until the	6191
state has fully paid or provided for the payment of the bond	6192
service charges on the obligations or met other stated conditions;	6193

(6) In the event of default in any payments required to be	6194
made by the bond proceedings, or any other agreement of the issuer	6195
made as a part of a contract under which the obligations were	6196
issued or secured, the enforcement of such payments or agreements	6197
by mandamus, suit in equity, action at law, or any combination of	6198
the foregoing;	6199

(7) The rights and remedies of the holders of obligations and	6200
of the trustee under any trust agreement, and provisions for	6201
protecting and enforcing them, including limitations on rights of	6202
individual holders of obligations;	6203

(8) The replacement of any obligations that become mutilated	6204
or are destroyed, lost, or stolen;	6205

(9) Provision for the funding, refunding, or advance	6206
refunding or other provision for payment of obligations which will	6207
then no longer be outstanding for purposes of this section or of	6208
the bond proceedings;	6209

(10) Any provision that may be made in bond proceedings or a	6210
trust agreement, including provision for amendment of the bond	6211
proceedings;	6212

(11) Such other provisions as the issuer determines,	6213
including limitations, conditions, or qualifications relating to	6214
any of the foregoing;	6215

(12) Any other or additional agreements with the holders of	6216
the obligations relating to the obligations or the security for	6217
the obligations.	6218

(G) The great seal of the state or a facsimile of that seal	6219
may be affixed to or printed on the obligations. The obligations	6220
requiring signature by the issuer shall be signed by or bear the	6221
facsimile signature of the issuer as provided in the bond	6222
proceedings. Any obligations may be signed by the person who, on	6223
the date of execution, is the authorized signer although on the	6224
date of such obligations such person was not the issuer. In case	6225
the person whose signature or a facsimile of whose signature	6226
appears on any obligation ceases to be the issuer before delivery	6227
of the obligation, such signature or facsimile is nevertheless	6228
valid and sufficient for all purposes as if the person had	6229
remained the member until such delivery, and in case the seal to	6230
be affixed to or printed on obligations has been changed after the	6231
seal has been affixed to or a facsimile of the seal has been	6232
printed on the obligations, that seal or facsimile seal shall	6233
continue to be sufficient as to those obligations and obligations	6234
issued in substitution or exchange therefor.	6235

(H) The obligations are negotiable instruments and securities	6236
under Chapter 1308. of the Revised Code, subject to the provisions	6237
of the bond proceedings as to registration. Obligations may be	6238
issued in coupon or in fully registered form, or both, as the	6239
issuer determines. Provision may be made for the registration of	6240
any obligations with coupons attached as to principal alone or as	6241
to both principal and interest, their exchange for obligations so	6242
registered, and for the conversion or reconversion into	6243
obligations with coupons attached of any obligations registered as	6244
to both principal and interest, and for reasonable charges for	6245
such registration, exchange, conversion, and reconversion. Pending	6246
preparation of definitive obligations, the issuer may issue	6247
interim receipts or certificates which shall be exchanged for such	6248
definitive obligations.	6249

(I) Obligations may be sold at public sale or at private	6250
sale, and at such price at, above, or below par, as determined by	6251
the issuer in the bond proceedings.	6252

(J) In the discretion of the issuer, obligations may be	6253
secured additionally by a trust agreement between the state and a	6254
corporate trustee which may be any trust company or bank having	6255
~~its principal~~a place of business within the state. Any trust	6256
agreement may contain the order authorizing the issuance of the	6257
obligations, any provisions that may be contained in the bond	6258
proceedings, and other provisions that are customary or	6259
appropriate in an agreement of the type.	6260

(K) Except to the extent that their rights are restricted by	6261
the bond proceedings, any holder of obligations, or a trustee	6262
under the bond proceedings, may by any suitable form of legal	6263
proceedings protect and enforce any rights under the laws of this	6264
state or granted by the bond proceedings. Such rights include the	6265
right to compel the performance of all duties of the issuer and	6266
the state. Each duty of the issuer and the issuer's employees, and	6267
of each state agency and local public entity and its officers,	6268
members, or employees, undertaken pursuant to the bond	6269
proceedings, is hereby established as a duty of the issuer, and of	6270
each such agency, local subdivision, officer, member, or employee	6271
having authority to perform such duty, specifically enjoined by	6272
the law and resulting from an office, trust, or station within the	6273
meaning of section 2731.01 of the Revised Code. The persons who	6274
are at the time the issuer, or the issuer's employees, are not	6275
liable in their personal capacities on any obligations or any	6276
agreements of or with the issuer relating to obligations or under	6277
the bond proceedings.	6278

(L) Obligations are lawful investments for banks, societies	6279
for savings, savings and loan associations, deposit guarantee	6280
associations, trust companies, trustees, fiduciaries, insurance	6281
companies, including domestic for life and domestic not for life,	6282
trustees or other officers having charge of sinking and bond	6283
retirement or other special funds of political subdivisions and	6284
taxing districts of this state, the commissioners of the sinking	6285
fund, the administrator of workers' compensation, the state	6286
teachers retirement system, the public employees retirement	6287
system, the school employees retirement system, and the Ohio	6288
police and fire pension fund, notwithstanding any other provisions	6289
of the Revised Code or rules adopted pursuant thereto by any state	6290
agency with respect to investments by them, and are also	6291
acceptable as security for the deposit of public moneys.	6292

(M) Unless otherwise provided in any applicable bond	6293
proceedings, moneys to the credit of or in the special funds	6294
established by or pursuant to this section may be invested by or	6295
on behalf of the issuer only in notes, bonds, or other direct	6296
obligations of the United States or of any agency or	6297
instrumentality of the United States, in obligations of this state	6298
or any political subdivision of this state, in certificates of	6299
deposit of any national bank located in this state and any bank,	6300
as defined in section 1101.01 of the Revised Code, subject to	6301
inspection by the superintendent of financial institutions, in the	6302
Ohio subdivision's fund established pursuant to section 135.45 of	6303
the Revised Code, in no-front-end-load money market mutual funds	6304
consisting exclusively of direct obligations of the United States	6305
or of an agency or instrumentality of the United States, and in	6306
repurchase agreements, including those issued by any fiduciary,	6307
secured by direct obligations of the United States or an agency or	6308
instrumentality of the United States, and in collective investment	6309
funds established in accordance with section 1111.14 of the	6310
Revised Code and consisting exclusively of direct obligations of	6311
the United States or of an agency or instrumentality of the United	6312
States, notwithstanding division (A)(1)(c) of that section. The	6313
income from investments shall be credited to such special funds or	6314
otherwise as the issuer determines in the bond proceedings, and	6315
the investments may be sold or exchanged at such times as the	6316
issuer determines or authorizes.	6317

(N) Unless otherwise provided in any applicable bond	6318
proceedings, moneys to the credit of or in a special fund shall be	6319
disbursed on the order of the issuer, provided that no such order	6320
is required for the payment from the bond service fund or other	6321
special fund when due of bond service charges or required payments	6322
under credit facilities.	6323

(O) The issuer may covenant in the bond proceedings, and any	6324
such covenants shall be controlling notwithstanding any other	6325
provision of law, that the state and the applicable officers and	6326
agencies of the state, including the general assembly, so long as	6327
any obligations are outstanding in accordance with their terms,	6328
shall maintain statutory authority for and cause to be charged and	6329
collected taxes, excises, and other receipts of the state so that	6330
the receipts to the bond service fund shall be sufficient in	6331
amounts to meet bond service charges and for the establishment and	6332
maintenance of any reserves and other requirements, including	6333
payment of financing costs, provided for in the bond proceedings.	6334

(P) The obligations, and the transfer of, and the interest	6335
and other income from, including any profit made on the sale,	6336
transfer, or other disposition of, the obligations shall at all	6337
times be free from taxation, direct or indirect, within the state.	6338

(Q) Unless a judicial action or proceeding challenging the	6339
validity of obligations is commenced by personal service on the	6340
treasurer of state prior to the initial delivery of an issue of	6341
the obligations, the obligations of that issue and the bond	6342
proceedings pertaining to that issue are incontestable and those	6343
obligations shall be conclusively considered to be and to have	6344
been issued, secured, payable, sold, executed, and delivered, and	6345
the bond proceedings relating to them taken, in conformity with	6346
law if all of the following apply to the obligations:	6347

(1) They state that they are issued under the provisions of	6348
this section and comply on their face with those provisions;	6349

(2) They are issued within the limitations prescribed by	6350
this section;	6351

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

6352

(4) They state that all the bond proceedings were held in	6353
compliance with law, which statement creates a conclusive	6354
presumption that the bond proceedings were held in compliance with	6355
all laws, including section 121.22 of the Revised Code, where	6356
applicable, and rules.	6357

(R) This section applies only with respect to obligations	6358
issued and delivered before September 30, 2000.	6359

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

6360

(1) "Bond proceedings" means the resolution, order, trust	6361
agreement, indenture, lease, and other agreements, amendments and	6362
supplements to the foregoing, or any one or more or combination	6363
thereof, authorizing or providing for the terms and conditions	6364
applicable to, or providing for the security or liquidity of,	6365
obligations issued pursuant to this section, and the provisions	6366
contained in such obligations.	6367

(2) "Bond service charges" means principal, including	6368
mandatory sinking fund requirements for retirement of obligations,	6369
and interest, and redemption premium, if any, required to be paid	6370
by the state on obligations.	6371

(3) "Bond service fund" means the applicable fund and	6372
accounts therein created for and pledged to the payment of bond	6373
service charges, which may be, or may be part of, the economic	6374
development bond service fund created by division (S) of this	6375
section including all moneys and investments, and earnings from	6376
investments, credited and to be credited thereto.	6377

(4) "Issuing authority" means the treasurer of state, or the	6378
officer who by law performs the functions of such officer.	6379

(5) "Obligations" means bonds, notes, or other evidence of	6380
obligation including interest coupons pertaining thereto, issued	6381
pursuant to this section.	6382

(6) "Pledged receipts" means all receipts of the state	6383
representing the gross profit on the sale of spirituous liquor, as	6384
referred to in division (B)(4) of section 4301.10 of the Revised	6385
Code, after paying all costs and expenses of the division of	6386
liquor control and providing an adequate working capital reserve	6387
for the division of liquor control as provided in that division,	6388
but excluding the sum required by the second paragraph of section	6389
4301.12 of the Revised Code, as in effect on May 2, 1980, to be	6390
paid into the state treasury; moneys accruing to the state from	6391
the lease, sale, or other disposition, or use, of project	6392
facilities, and from the repayment, including interest, of loans	6393
made from proceeds received from the sale of obligations; accrued	6394
interest received from the sale of obligations; income from the	6395
investment of the special funds; and any gifts, grants, donations,	6396
and pledges, and receipts therefrom, available for the payment of	6397
bond service charges.	6398

(7) "Special funds" or "funds" means, except where the	6399
context does not permit, the bond service fund, and any other	6400
funds, including reserve funds, created under the bond	6401
proceedings, and the economic development bond service fund	6402
created by division (S) of this section to the extent provided in	6403
the bond proceedings, including all moneys and investments, and	6404
earnings from investment, credited and to be credited thereto.	6405

(B) Subject to the limitations provided in section 166.11 of	6406
the Revised Code, the issuing authority, upon the certification by	6407
the director of development to the issuing authority of the amount	6408
of moneys or additional moneys needed in the facilities	6409
establishment fund, the loan guarantee fund, the innovation Ohio	6410
loan fund, the innovation Ohio loan guarantee fund, or the	6411
research and development loan fund for the purpose of paying, or	6412
making loans for, allowable costs from the facilities	6413
establishment fund, allowable innovation costs from the innovation	6414
Ohio loan fund, or allowable costs from the research and	6415
development loan fund, or needed for capitalized interest, for	6416
funding reserves, and for paying costs and expenses incurred in	6417
connection with the issuance, carrying, securing, paying,	6418
redeeming, or retirement of the obligations or any obligations	6419
refunded thereby, including payment of costs and expenses relating	6420
to letters of credit, lines of credit, insurance, put agreements,	6421
standby purchase agreements, indexing, marketing, remarketing and	6422
administrative arrangements, interest swap or hedging agreements,	6423
and any other credit enhancement, liquidity, remarketing, renewal,	6424
or refunding arrangements, all of which are authorized by this	6425
section, or providing moneys for the loan guarantee fund or the	6426
innovation Ohio loan guarantee fund, as provided in this chapter	6427
or needed for the purposes of funds established in accordance with	6428
or pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56,	6429
122.561, 122.57, and 122.80 of the Revised Code which are within	6430
the authorization of Section 13 of Article VIII, Ohio	6431
Constitution, shall issue obligations of the state under this	6432
section in the required amount; provided that such obligations may	6433
be issued to satisfy the covenants in contracts of guarantee made	6434
under section 166.06 or 166.15 of the Revised Code,	6435
notwithstanding limitations otherwise applicable to the issuance	6436
of obligations under this section. The proceeds of such	6437
obligations, except for the portion to be deposited in special	6438
funds, including reserve funds, as may be provided in the bond	6439
proceedings, shall as provided in the bond proceedings be	6440
deposited by the director of development to the facilities	6441
establishment fund, the loan guarantee fund, the innovation Ohio	6442
loan guarantee fund, the innovation Ohio loan fund, or the	6443
research and development loan fund. Bond proceedings for project	6444
financing obligations may provide that the proceeds derived from	6445
the issuance of such obligations shall be deposited into such fund	6446
or funds provided for in the bond proceedings and, to the extent	6447
provided for in the bond proceedings, such proceeds shall be	6448
deemed to have been deposited into the facilities establishment	6449
fund and transferred to such fund or funds. The issuing authority	6450
may appoint trustees, paying agents, and transfer agents and may	6451
retain the services of financial advisors, accounting experts, and	6452
attorneys, and retain or contract for the services of marketing,	6453
remarketing, indexing, and administrative agents, other	6454
consultants, and independent contractors, including printing	6455
services, as are necessary in the issuing authority's judgment to	6456
carry out this section. The costs of such services are allowable	6457
costs payable from the facilities establishment fund or the	6458
research and development loan fund or allowable innovation costs	6459
payable from the innovation Ohio loan fund.	6460

(C) The holders or owners of such obligations shall have no	6461
right to have moneys raised by taxation obligated or pledged, and	6462
moneys raised by taxation shall not be obligated or pledged, for	6463
the payment of bond service charges. Such holders or owners shall	6464
have no rights to payment of bond service charges from any moneys	6465
accruing to the state from the lease, sale, or other disposition,	6466
or use, of project facilities, or from payment of the principal of	6467
or interest on loans made, or fees charged for guarantees made, or	6468
from any money or property received by the director, treasurer of	6469
state, or the state under Chapter 122. of the Revised Code, or	6470
from any other use of the proceeds of the sale of the obligations,	6471
and no such moneys may be used for the payment of bond service	6472
charges, except for accrued interest, capitalized interest, and	6473
reserves funded from proceeds received upon the sale of the	6474
obligations and except as otherwise expressly provided in the	6475
applicable bond proceedings pursuant to written directions by the	6476
director. The right of such holders and owners to payment of bond	6477
service charges is limited to all or that portion of the pledged	6478
receipts and those special funds pledged thereto pursuant to the	6479
bond proceedings in accordance with this section, and each such	6480
obligation shall bear on its face a statement to that effect.	6481

(D) Obligations shall be authorized by resolution or order of	6482
the issuing authority and the bond proceedings shall provide for	6483
the purpose thereof and the principal amount or amounts, and shall	6484
provide for or authorize the manner or agency for determining the	6485
principal maturity or maturities, not exceeding twenty-five years	6486
from the date of issuance, the interest rate or rates or the	6487
maximum interest rate, the date of the obligations and the dates	6488
of payment of interest thereon, their denomination, and the	6489
establishment within or without the state of a place or places of	6490
payment of bond service charges. Sections 9.98 to 9.983 of the	6491
Revised Code are applicable to obligations issued under this	6492
section, subject to any applicable limitation under section 166.11	6493
of the Revised Code. The purpose of such obligations may be stated	6494
in the bond proceedings in terms describing the general purpose or	6495
purposes to be served. The bond proceedings also shall provide,	6496
subject to the provisions of any other applicable bond	6497
proceedings, for the pledge of all, or such part as the issuing	6498
authority may determine, of the pledged receipts and the	6499
applicable special fund or funds to the payment of bond service	6500
charges, which pledges may be made either prior or subordinate to	6501
other expenses, claims, or payments, and may be made to secure the	6502
obligations on a parity with obligations theretofore or thereafter	6503
issued, if and to the extent provided in the bond proceedings. The	6504
pledged receipts and special funds so pledged and thereafter	6505
received by the state are immediately subject to the lien of such	6506
pledge without any physical delivery thereof or further act, and	6507
the lien of any such pledges is valid and binding against all	6508
parties having claims of any kind against the state or any	6509
governmental agency of the state, irrespective of whether such	6510
parties have notice thereof, and shall create a perfected security	6511
interest for all purposes of Chapter 1309. of the Revised Code,	6512
without the necessity for separation or delivery of funds or for	6513
the filing or recording of the bond proceedings by which such	6514
pledge is created or any certificate, statement or other document	6515
with respect thereto; and the pledge of such pledged receipts and	6516
special funds is effective and the money therefrom and thereof may	6517
be applied to the purposes for which pledged without necessity for	6518
any act of appropriation. Every pledge, and every covenant and	6519
agreement made with respect thereto, made in the bond proceedings	6520
may therein be extended to the benefit of the owners and holders	6521
of obligations authorized by this section, and to any trustee	6522
therefor, for the further security of the payment of the bond	6523
service charges.	6524

(E) The bond proceedings may contain additional provisions as	6525
to:	6526

(1) The redemption of obligations prior to maturity at the	6527
option of the issuing authority at such price or prices and under	6528
such terms and conditions as are provided in the bond proceedings;	6529

(2) Other terms of the obligations;

6530

(3) Limitations on the issuance of additional obligations;

6531

(4) The terms of any trust agreement or indenture securing	6532
the obligations or under which the same may be issued;	6533

(5) The deposit, investment and application of special funds,	6534
and the safeguarding of moneys on hand or on deposit, without	6535
regard to Chapter 131. or 135. of the Revised Code, but subject to	6536
any special provisions of this chapter, with respect to particular	6537
funds or moneys, provided that any bank or trust company which	6538
acts as depository of any moneys in the special funds may furnish	6539
such indemnifying bonds or may pledge such securities as required	6540
by the issuing authority;	6541

(6) Any or every provision of the bond proceedings being	6542
binding upon such officer, board, commission, authority, agency,	6543
department, or other person or body as may from time to time have	6544
the authority under law to take such actions as may be necessary	6545
to perform all or any part of the duty required by such provision;	6546

(7) Any provision that may be made in a trust agreement or	6547
indenture;	6548

(8) Any other or additional agreements with the holders of	6549
the obligations, or the trustee therefor, relating to the	6550
obligations or the security therefor, including the assignment of	6551
mortgages or other security obtained or to be obtained for loans	6552
under section 122.43, 166.07, or 166.16 of the Revised Code.	6553

(F) The obligations may have the great seal of the state or a	6554
facsimile thereof affixed thereto or printed thereon. The	6555
obligations and any coupons pertaining to obligations shall be	6556
signed or bear the facsimile signature of the issuing authority.	6557
Any obligations or coupons may be executed by the person who, on	6558
the date of execution, is the proper issuing authority although on	6559
the date of such bonds or coupons such person was not the issuing	6560
authority. If the issuing authority whose signature or a facsimile	6561
of whose signature appears on any such obligation or coupon ceases	6562
to be the issuing authority before delivery thereof, such	6563
signature or facsimile is nevertheless valid and sufficient for	6564
all purposes as if the former issuing authority had remained the	6565
issuing authority until such delivery; and if the seal to be	6566
affixed to obligations has been changed after a facsimile of the	6567
seal has been imprinted on such obligations, such facsimile seal	6568
shall continue to be sufficient as to such obligations and	6569
obligations issued in substitution or exchange therefor.	6570

(G) All obligations are negotiable instruments and securities	6571
under Chapter 1308. of the Revised Code, subject to the provisions	6572
of the bond proceedings as to registration. The obligations may be	6573
issued in coupon or in registered form, or both, as the issuing	6574
authority determines. Provision may be made for the registration	6575
of any obligations with coupons attached thereto as to principal	6576
alone or as to both principal and interest, their exchange for	6577
obligations so registered, and for the conversion or reconversion	6578
into obligations with coupons attached thereto of any obligations	6579
registered as to both principal and interest, and for reasonable	6580
charges for such registration, exchange, conversion, and	6581
reconversion.	6582

(H) Obligations may be sold at public sale or at private	6583
sale, as determined in the bond proceedings.	6584

Obligations issued to provide moneys for the loan guarantee	6585
fund or the innovation Ohio loan guarantee fund may, as determined	6586
by the issuing authority, be sold at private sale, and without	6587
publication of a notice of sale.	6588

(I) Pending preparation of definitive obligations, the	6589
issuing authority may issue interim receipts or certificates which	6590
shall be exchanged for such definitive obligations.	6591

(J) In the discretion of the issuing authority, obligations	6592
may be secured additionally by a trust agreement or indenture	6593
between the issuing authority and a corporate trustee which may be	6594
any trust company or bank having ~~its principal~~a place of business	6595
within the state. Any such agreement or indenture may contain the	6596
resolution or order authorizing the issuance of the obligations,	6597
any provisions that may be contained in any bond proceedings, and	6598
other provisions which are customary or appropriate in an	6599
agreement or indenture of such type, including, but not limited	6600
to:	6601

(1) Maintenance of each pledge, trust agreement, indenture,	6602
or other instrument comprising part of the bond proceedings until	6603
the state has fully paid the bond service charges on the	6604
obligations secured thereby, or provision therefor has been made;	6605

(2) In the event of default in any payments required to be	6606
made by the bond proceedings, or any other agreement of the	6607
issuing authority made as a part of the contract under which the	6608
obligations were issued, enforcement of such payments or agreement	6609
by mandamus, the appointment of a receiver, suit in equity, action	6610
at law, or any combination of the foregoing;	6611

(3) The rights and remedies of the holders of obligations and	6612
of the trustee, and provisions for protecting and enforcing them,	6613
including limitations on rights of individual holders of	6614
obligations;	6615

(4) The replacement of any obligations that become mutilated	6616
or are destroyed, lost, or stolen;	6617

(5) Such other provisions as the trustee and the issuing	6618
authority agree upon, including limitations, conditions, or	6619
qualifications relating to any of the foregoing.	6620

(K) Any holders of obligations or trustees under the bond	6621
proceedings, except to the extent that their rights are restricted	6622
by the bond proceedings, may by any suitable form of legal	6623
proceedings, protect and enforce any rights under the laws of this	6624
state or granted by such bond proceedings. Such rights include the	6625
right to compel the performance of all duties of the issuing	6626
authority, the director of development, or the division of liquor	6627
control required by this chapter or the bond proceedings; to	6628
enjoin unlawful activities; and in the event of default with	6629
respect to the payment of any bond service charges on any	6630
obligations or in the performance of any covenant or agreement on	6631
the part of the issuing authority, the director of development, or	6632
the division of liquor control in the bond proceedings, to apply	6633
to a court having jurisdiction of the cause to appoint a receiver	6634
to receive and administer the pledged receipts and special funds,	6635
other than those in the custody of the treasurer of state, which	6636
are pledged to the payment of the bond service charges on such	6637
obligations or which are the subject of the covenant or agreement,	6638
with full power to pay, and to provide for payment of bond service	6639
charges on, such obligations, and with such powers, subject to the	6640
direction of the court, as are accorded receivers in general	6641
equity cases, excluding any power to pledge additional revenues or	6642
receipts or other income or moneys of the issuing authority or the	6643
state or governmental agencies of the state to the payment of such	6644
principal and interest and excluding the power to take possession	6645
of, mortgage, or cause the sale or otherwise dispose of any	6646
project facilities.	6647

Each duty of the issuing authority and the issuing	6648
authority's officers and employees, and of each governmental	6649
agency and its officers, members, or employees, undertaken	6650
pursuant to the bond proceedings or any agreement or lease,	6651
lease-purchase agreement, or loan made under authority of this	6652
chapter, and in every agreement by or with the issuing authority,	6653
is hereby established as a duty of the issuing authority, and of	6654
each such officer, member, or employee having authority to perform	6655
such duty, specifically enjoined by the law resulting from an	6656
office, trust, or station within the meaning of section 2731.01 of	6657
the Revised Code.	6658

The person who is at the time the issuing authority, or the	6659
issuing authority's officers or employees, are not liable in their	6660
personal capacities on any obligations issued by the issuing	6661
authority or any agreements of or with the issuing authority.	6662

(L) The issuing authority may authorize and issue obligations	6663
for the refunding, including funding and retirement, and advance	6664
refunding with or without payment or redemption prior to maturity,	6665
of any obligations previously issued by the issuing authority.	6666
Such obligations may be issued in amounts sufficient for payment	6667
of the principal amount of the prior obligations, any redemption	6668
premiums thereon, principal maturities of any such obligations	6669
maturing prior to the redemption of the remaining obligations on a	6670
parity therewith, interest accrued or to accrue to the maturity	6671
dates or dates of redemption of such obligations, and any	6672
allowable costs including expenses incurred or to be incurred in	6673
connection with such issuance and such refunding, funding, and	6674
retirement. Subject to the bond proceedings therefor, the portion	6675
of proceeds of the sale of obligations issued under this division	6676
to be applied to bond service charges on the prior obligations	6677
shall be credited to an appropriate account held by the trustee	6678
for such prior or new obligations or to the appropriate account in	6679
the bond service fund for such obligations. Obligations authorized	6680
under this division shall be deemed to be issued for those	6681
purposes for which such prior obligations were issued and are	6682
subject to the provisions of this section pertaining to other	6683
obligations, except as otherwise provided in this section;	6684
provided that, unless otherwise authorized by the general	6685
assembly, any limitations imposed by the general assembly pursuant	6686
to this section with respect to bond service charges applicable to	6687
the prior obligations shall be applicable to the obligations	6688
issued under this division to refund, fund, advance refund or	6689
retire such prior obligations.	6690

(M) The authority to issue obligations under this section	6691
includes authority to issue obligations in the form of bond	6692
anticipation notes and to renew the same from time to time by the	6693
issuance of new notes. The holders of such notes or interest	6694
coupons pertaining thereto shall have a right to be paid solely	6695
from the pledged receipts and special funds that may be pledged to	6696
the payment of the bonds anticipated, or from the proceeds of such	6697
bonds or renewal notes, or both, as the issuing authority provides	6698
in the resolution or order authorizing such notes. Such notes may	6699
be additionally secured by covenants of the issuing authority to	6700
the effect that the issuing authority and the state will do such	6701
or all things necessary for the issuance of such bonds or renewal	6702
notes in appropriate amount, and apply the proceeds thereof to the	6703
extent necessary, to make full payment of the principal of and	6704
interest on such notes at the time or times contemplated, as	6705
provided in such resolution or order. For such purpose, the	6706
issuing authority may issue bonds or renewal notes in such	6707
principal amount and upon such terms as may be necessary to	6708
provide funds to pay when required the principal of and interest	6709
on such notes, notwithstanding any limitations prescribed by or	6710
for purposes of this section. Subject to this division, all	6711
provisions for and references to obligations in this section are	6712
applicable to notes authorized under this division.	6713

The issuing authority in the bond proceedings authorizing the	6714
issuance of bond anticipation notes shall set forth for such bonds	6715
an estimated interest rate and a schedule of principal payments	6716
for such bonds and the annual maturity dates thereof, and for	6717
purposes of any limitation on bond service charges prescribed	6718
under division (A) of section 166.11 of the Revised Code, the	6719
amount of bond service charges on such bond anticipation notes is	6720
deemed to be the bond service charges for the bonds anticipated	6721
thereby as set forth in the bond proceedings applicable to such	6722
notes, but this provision does not modify any authority in this	6723
section to pledge receipts and special funds to, and covenant to	6724
issue bonds to fund, the payment of principal of and interest and	6725
any premium on such notes.	6726

(N) Obligations issued under this section are lawful	6727
investments for banks, societies for savings, savings and loan	6728
associations, deposit guarantee associations, trust companies,	6729
trustees, fiduciaries, insurance companies, including domestic for	6730
life and domestic not for life, trustees or other officers having	6731
charge of sinking and bond retirement or other special funds of	6732
political subdivisions and taxing districts of this state, the	6733
commissioners of the sinking fund of the state, the administrator	6734
of workers' compensation, the state teachers retirement system,	6735
the public employees retirement system, the school employees	6736
retirement system, and the Ohio police and fire pension fund,	6737
notwithstanding any other provisions of the Revised Code or rules	6738
adopted pursuant thereto by any governmental agency of the state	6739
with respect to investments by them, and are also acceptable as	6740
security for the deposit of public moneys.	6741

(O) Unless otherwise provided in any applicable bond	6742
proceedings, moneys to the credit of or in the special funds	6743
established by or pursuant to this section may be invested by or	6744
on behalf of the issuing authority only in notes, bonds, or other	6745
obligations of the United States, or of any agency or	6746
instrumentality of the United States, obligations guaranteed as to	6747
principal and interest by the United States, obligations of this	6748
state or any political subdivision of this state, and certificates	6749
of deposit of any national bank located in this state and any	6750
bank, as defined in section 1101.01 of the Revised Code, subject	6751
to inspection by the superintendent of banks. If the law or the	6752
instrument creating a trust pursuant to division (J) of this	6753
section expressly permits investment in direct obligations of the	6754
United States or an agency of the United States, unless expressly	6755
prohibited by the instrument, such moneys also may be invested in	6756
no-front-end-load money market mutual funds consisting exclusively	6757
of obligations of the United States or an agency of the United	6758
States and in repurchase agreements, including those issued by the	6759
fiduciary itself, secured by obligations of the United States or	6760
an agency of the United States; and in common trust funds	6761
established in accordance with section 1111.20 of the Revised Code	6762
and consisting exclusively of any such securities, notwithstanding	6763
division (A)(4) of that section. The income from such investments	6764
shall be credited to such funds as the issuing authority	6765
determines, and such investments may be sold at such times as the	6766
issuing authority determines or authorizes.	6767

(P) Provision may be made in the applicable bond proceedings	6768
for the establishment of separate accounts in the bond service	6769
fund and for the application of such accounts only to the	6770
specified bond service charges on obligations pertinent to such	6771
accounts and bond service fund and for other accounts therein	6772
within the general purposes of such fund. Unless otherwise	6773
provided in any applicable bond proceedings, moneys to the credit	6774
of or in the several special funds established pursuant to this	6775
section shall be disbursed on the order of the treasurer of state,	6776
provided that no such order is required for the payment from the	6777
bond service fund when due of bond service charges on obligations.	6778

(Q) The issuing authority may pledge all, or such portion as	6779
the issuing authority determines, of the pledged receipts to the	6780
payment of bond service charges on obligations issued under this	6781
section, and for the establishment and maintenance of any	6782
reserves, as provided in the bond proceedings, and make other	6783
provisions therein with respect to pledged receipts as authorized	6784
by this chapter, which provisions are controlling notwithstanding	6785
any other provisions of law pertaining thereto.	6786

(R) The issuing authority may covenant in the bond	6787
proceedings, and any such covenants are controlling	6788
notwithstanding any other provision of law, that the state and	6789
applicable officers and governmental agencies of the state,	6790
including the general assembly, so long as any obligations are	6791
outstanding, shall:	6792

(1) Maintain statutory authority for and cause to be charged	6793
and collected wholesale and retail prices for spirituous liquor	6794
sold by the state or its agents so that the pledged receipts are	6795
sufficient in amount to meet bond service charges, and the	6796
establishment and maintenance of any reserves and other	6797
requirements provided for in the bond proceedings, and, as	6798
necessary, to meet covenants contained in contracts of guarantee	6799
made under section 166.06 of the Revised Code;	6800

(2) Take or permit no action, by statute or otherwise, that	6801
would impair the exemption from federal income taxation of the	6802
interest on the obligations.	6803

(S) There is hereby created the economic development bond	6804
service fund, which shall be in the custody of the treasurer of	6805
state but shall be separate and apart from and not a part of the	6806
state treasury. All moneys received by or on account of the	6807
issuing authority or state agencies and required by the applicable	6808
bond proceedings, consistent with this section, to be deposited,	6809
transferred, or credited to a bond service fund or the economic	6810
development bond service fund, and all other moneys transferred or	6811
allocated to or received for the purposes of the fund, shall be	6812
deposited and credited to such fund and to any separate accounts	6813
therein, subject to applicable provisions of the bond proceedings,	6814
but without necessity for any act of appropriation. During the	6815
period beginning with the date of the first issuance of	6816
obligations and continuing during such time as any such	6817
obligations are outstanding, and so long as moneys in the	6818
pertinent bond service funds are insufficient to pay all bond	6819
services charges on such obligations becoming due in each year, a	6820
sufficient amount of the gross profit on the sale of spirituous	6821
liquor included in pledged receipts are committed and shall be	6822
paid to the bond service fund or economic development bond service	6823
fund in each year for the purpose of paying the bond service	6824
charges becoming due in that year without necessity for further	6825
act of appropriation for such purpose and notwithstanding anything	6826
to the contrary in Chapter 4301. of the Revised Code. The	6827
economic development bond service fund is a trust fund and is	6828
hereby pledged to the payment of bond service charges to the	6829
extent provided in the applicable bond proceedings, and payment	6830
thereof from such fund shall be made or provided for by the	6831
treasurer of state in accordance with such bond proceedings	6832
without necessity for any act of appropriation.	6833

(T) The obligations, the transfer thereof, and the income	6834
therefrom, including any profit made on the sale thereof, shall at	6835
all times be free from taxation within the state.	6836

Sec. 167.04. (A) The regional council of governments shall	6837
adopt by-laws, by a majority vote of its members, designating the	6838
officers of the council and the method of their selection ~~thereof~~,	6839
creating a governing board that may act for the council as	6840
provided in ~~such~~the by-laws, and providing for the conduct of its	6841
business.	6842

(B) The by-laws of the regional council of governments shall	6843
provide for the appointment of a fiscal officer, who may hold any	6844
other office or employment with the council, and who shall	6845
receive, deposit, invest, and disburse the funds of the council in	6846
the manner authorized by the by-laws or action by the council.	6847

(C) The by-laws of a regional council of governments the	6848
members of which include, under sections 167.01 and 167.02 of the	6849
Revised Code, at least eight counties may include a provision	6850
authorizing member attendance and voting at council meetings	6851
either in person or by proxy.	6852

Sec. 167.10. (A) As used in this section and sections	6853
167.101 to 167.105 of the Revised Code:	6854

(1) "Qualifying council" means a regional council established	6855
under section 167.01 of the Revised Code to which both of the	6856
following requirements apply:	6857

(a) The council's membership is composed primarily of city,	6858
local, and exempted village school districts, or any combination	6859
of such districts;	6860

(b) The council is an information technology center approved	6861
under section 3301.075 of the Revised Code.	6862

(2) "Securities" means bonds, notes, or other evidence of	6863
obligation issued in temporary or permanent form, including	6864
book-entry securities.	6865

(B) A qualifying council may acquire, construct, and	6866
otherwise improve real and personal property to be used by or for	6867
the benefit of the qualifying council or one or more of its	6868
members. The acquisition, construction, and improvement may be	6869
financed by cash, installment payments with or without a mortgage,	6870
lease-purchase agreements, leases with an option to purchase, or	6871
securities issued pursuant to section 167.101 of the Revised Code.	6872

Sec. 167.101. (A) A qualifying council may issue securities	6873
only for the purpose described in section 167.10 of the Revised	6874
Code. The securities may be secured only by the following:	6875

(1) A pledge of and lien on the revenue of the qualifying	6876
council, or such lesser portion of the revenue as may be	6877
designated by the qualifying council, whether derived from	6878
agreements with its members and other persons or from its	6879
ownership or operation of any property, including available rates,	6880
charges, rents, interest subsidies, debt charges, grants, or	6881
payments by federal or state agencies, but excluding funds	6882
received pursuant to section 3301.075 of the Revised Code;	6883

(2) Covenants of the qualifying council to maintain rentals,	6884
rates, and charges to produce revenue sufficient to do all of the	6885
following:	6886

(a) Pay all the current expenses of the property financed	6887
with the proceeds of the securities;	6888

(b) Pay the debt charges on the securities;

6889

(c) Establish and maintain any contractually required special	6890
funds relating to the securities or the property acquired,	6891
constructed, or improved.	6892

(B) The qualifying council may issue securities to fund or	6893
refund the securities issued pursuant to division (A) of this	6894
section. The qualifying council also may issue securities in	6895
anticipation of the proceeds of the securities issued pursuant to	6896
this section.	6897

Sec. 167.102. Securities issued under section 167.101 of the	6898
Revised Code are special obligation securities and are not general	6899
obligations of the state, the issuing qualifying council, the	6900
members of the issuing qualifying council, or any political	6901
subdivision of the state. Such securities shall not constitute	6902
debt for which the full faith and credit of the state, the issuing	6903
qualifying council, the members of the issuing qualifying council,	6904
or any political subdivision of the state may be pledged. The	6905
holder or owner of the securities shall have no right to have	6906
money raised by taxation by the state or any political subdivision	6907
of the state obligated or pledged, and money so raised shall not	6908
be obligated or pledged, for the payment of principal or interest	6909
or premium on such securities, and each security shall bear on its	6910
face a statement to that effect. Money received by the qualifying	6911
council pursuant to section 167.06 of the Revised Code shall not	6912
be considered money raised by taxation.	6913

Sec. 167.103. The officers authorized by a qualifying	6914
council issuing securities under section 167.101 of the Revised	6915
Code shall execute the necessary documents to provide for the	6916
pledge, protection, and disposition of the pledged revenues from	6917
which debt charges and any special fund deposits are to be paid.	6918
Those necessary documents include the issued securities, trust	6919
agreements, leases, and other financing documents.	6920

Sec. 167.104. The maximum maturity of securities issued	6921
under section 167.101 of the Revised Code shall be governed by	6922
section 133.20 of the Revised Code.	6923

Sec. 167.105. Except for sections 9.98 to 9.983 and 167.10	6924
to 167.105 of the Revised Code, the securities issued under	6925
section 167.101 of the Revised Code shall not be subject to any	6926
other provision of the Revised Code governing the issuance of	6927
securities by the state, its agencies, or any political	6928
subdivision of the state.	6929

Sec. 173.04. (A) As used in this section, "respite care"	6930
means short-term, temporary care or supervision provided to a	6931
person who has Alzheimer's disease in the absence of the person	6932
who normally provides that care or supervision.	6933

(B) ~~The~~Through the internet web site maintained by the	6934
department of aging, the director of aging shall ~~develop and~~	6935
disseminate ~~new training materials or disseminate existing~~	6936
Alzheimer's disease training materials for licensed physicians,	6937
registered nurses, licensed practical nurses, administrators of	6938
health care programs, social workers, and other health care and	6939
social service personnel who participate or assist in the care or	6940
treatment of persons who have Alzheimer's disease. The training	6941
materials disseminated through the web site may be developed by	6942
the director or obtained from other sources.	6943

(C) To the extent funds are available, the director shall	6944
administer respite care programs and other supportive services for	6945
persons who have Alzheimer's disease and their families or care	6946
givers. Respite care programs shall be approved by the director	6947
and shall be provided for the following purposes:	6948

(1) Giving persons who normally provide care or supervision	6949
for a person who has Alzheimer's disease relief from the stresses	6950
and responsibilities that result from providing such care;	6951

(2) Preventing or reducing inappropriate institutional care	6952
and enabling persons who have Alzheimer's disease to remain at	6953
home as long as possible.	6954

(D) The director may provide services under this section to	6955
persons with Alzheimer's disease and their families regardless of	6956
the age of the persons with Alzheimer's disease.	6957

(E) The director shall adopt rules in accordance with Chapter	6958
119. of the Revised Code governing respite care programs and other	6959
supportive services, the distribution of funds, and the purpose	6960
for which funds may be utilized under this section.	6961

(F) The director may create an Alzheimer's disease and	6962
related disorders task force to advise the director on the	6963
following:	6964

(1) The rights of persons with Alzheimer's disease ~~and on the~~	6965
and related disorders;	6966

(2) The development and evaluation of education and training	6967
programs, home care programs, and respite care programs~~, and~~	6968
~~long-term care initiatives as they relate to~~that serve persons	6969
with Alzheimer's disease and related disorders;	6970

(3) How to serve persons with Alzheimer's disease and related	6971
disorders in Ohio's unified long-term care budget system. If	6972

If a task force is created, the members shall include	6973
representatives of the Alzheimer's disease association and other	6974
organizations the director considers appropriate.	6975

Sec. 173.35. (A) As used in this section, "PASSPORT	6976
administrative agency" means an entity under contract with the	6977
department of aging to provide administrative services regarding	6978
the PASSPORT program created under section 173.40 of the Revised	6979
Code.	6980

(B) The department of aging shall administer the residential	6981
state supplement program under which the state supplements the	6982
supplemental security income payments received by aged, blind, or	6983
disabled adults under Title XVI of the "Social Security Act," 49	6984
Stat. 620 (1935), 42 U.S.C.A., as amended. Residential state	6985
supplement payments shall be used for the provision of	6986
accommodations, supervision, and personal care services to	6987
supplemental security income recipients who the department	6988
determines are at risk of needing institutional care.	6989

(C) For an individual to be eligible for residential state	6990
supplement payments, all of the following must be the case:	6991

(1) Except as provided by division (G) of this section, the	6992
individual must reside in one of the following:	6993

(a) An adult foster home certified under section 173.36 of	6994
the Revised Code;	6995

(b) A home or facility, other than a nursing home or nursing	6996
home unit of a home for the aging, licensed by the department of	6997
health under Chapter 3721. or 3722. of the Revised Code and	6998
certified in accordance with standards established by the director	6999
of aging under division (D)(2) of this section;	7000

(c) A community alternative home licensed under section	7001
3724.03 of the Revised Code and certified in accordance with	7002
standards established by the director of aging under division	7003
(D)(2) of this section;	7004

(d) A residential facility as defined in division	7005
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	7006
the department of mental health and certified in accordance with	7007
standards established by the director of aging under division	7008
(D)(2) of this section;	7009

(e) An apartment or room used to provide community mental	7010
health housing services certified by the department of mental	7011
health under section 5119.611 of the Revised Code and approved by	7012
a board of alcohol, drug addiction, and mental health services	7013
under division (A)(14) of section 340.03 of the Revised Code and	7014
certified in accordance with standards established by the director	7015
of aging under division (D)(2) of this section.	7016

(2) Effective July 1, 2000, a PASSPORT administrative agency	7017
must have determined that the environment in which the individual	7018
will be living while receiving the payments is appropriate for the	7019
individual's needs. If the individual is eligible for supplemental	7020
security income payments or social security disability insurance	7021
benefits because of a mental disability, the PASSPORT	7022
administrative agency shall refer the individual to a community	7023
mental health agency for the community mental health agency to	7024
issue in accordance with section 340.091 of the Revised Code a	7025
recommendation on whether the PASSPORT administrative agency	7026
should determine that the environment in which the individual will	7027
be living while receiving the payments is appropriate for the	7028
individual's needs. Division (C)(2) of this section does not apply	7029
to an individual receiving residential state supplement payments	7030
on June 30, 2000, until the individual's first eligibility	7031
redetermination after that date.	7032

(3) The individual satisfies all eligibility requirements	7033
established by rules adopted under division (D) of this section.	7034

(D)(1) The directors of aging and job and family services	7035
shall adopt rules in accordance with section 111.15 of the Revised	7036
Code as necessary to implement the residential state supplement	7037
program.	7038

To the extent permitted by Title XVI of the "Social Security	7039
Act," and any other provision of federal law, the director of job	7040
and family services shall adopt rules establishing standards for	7041
adjusting the eligibility requirements concerning the level of	7042
impairment a person must have so that the amount appropriated for	7043
the program by the general assembly is adequate for the number of	7044
eligible individuals. The rules shall not limit the eligibility of	7045
disabled persons solely on a basis classifying disabilities as	7046
physical or mental. The director of job and family services also	7047
shall adopt rules that establish eligibility standards for aged,	7048
blind, or disabled individuals who reside in one of the homes or	7049
facilities specified in division (C)(1) of this section but who,	7050
because of their income, do not receive supplemental security	7051
income payments. The rules may provide that these individuals may	7052
include individuals who receive other types of benefits,	7053
including, social security disability insurance benefits provided	7054
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	7055
42 U.S.C.A. 401, as amended. Notwithstanding division (B) of this	7056
section, such payments may be made if funds are available for	7057
them.	7058

The director of aging shall adopt rules establishing the	7059
method to be used to determine the amount an eligible individual	7060
will receive under the program. The amount the general assembly	7061
appropriates for the program shall be a factor included in the	7062
method that department establishes.	7063

(2) The director of aging shall adopt rules in accordance	7064
with Chapter 119. of the Revised Code establishing standards for	7065
certification of living facilities described in division (C)(1) of	7066
this section.	7067

The directors of aging and mental health shall enter into an	7068
agreement to certify facilities that apply for certification and	7069
meet the standards established by the director of aging under this	7070
division.	7071

(E) The county department of job and family services of the	7072
county in which an applicant for the residential state supplement	7073
program resides shall determine whether the applicant meets income	7074
and resource requirements for the program.	7075

(F) The department of aging shall maintain a waiting list of	7076
any individuals eligible for payments under this section but not	7077
receiving them because moneys appropriated to the department for	7078
the purposes of this section are insufficient to make payments to	7079
all eligible individuals. An individual may apply to be placed on	7080
the waiting list even though the individual does not reside in one	7081
of the homes or facilities specified in division (C)(1) of this	7082
section at the time of application. ~~The~~Individuals on the waiting	7083
list who reside in a community setting not required to be licensed	7084
or certified shall have their eligibility for the payments	7085
assessed before other individuals on the waiting list.	7086

The director of aging, by rules adopted in accordance with	7087
Chapter 119. of the Revised Code, shall specify procedures and	7088
requirements for placing an individual on the waiting list.	7089
~~Individuals on the waiting list who reside in a community setting~~	7090
~~not required to be licensed or certified shall have their~~	7091
~~eligibility for the payments assessed before other individuals on~~	7092
~~the waiting list.~~	7093

The director may adopt rules giving priority to individuals	7094
placed on the waiting list on or after July 1, 2006, who receive	7095
supplemental security income benefits under Title XVI of the	7096
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as	7097
amended. The rules shall not affect the place on the waiting list	7098
of any person who was on the list on July 1, 2006.	7099

(G) An individual in a licensed or certified living	7100
arrangement receiving state supplementation on November 15, 1990,	7101
under former section 5101.531 of the Revised Code shall not become	7102
ineligible for payments under this section solely by reason of the	7103
individual's living arrangement as long as the individual remains	7104
in the living arrangement in which the individual resided on	7105
November 15, 1990.	7106

(H) The department of aging shall notify each person denied	7107
approval for payments under this section of the person's right to	7108
a hearing. On request, the hearing shall be provided by the	7109
department of job and family services in accordance with section	7110
5101.35 of the Revised Code.	7111

Sec. 173.351. (A) As used in this section:

7112

"Area agency on aging" has the same meaning as in section	7113
173.14 of the Revised Code.	7114

"Long-term care consultation program" means the program the	7115
department of aging is required to develop under section 173.42 of	7116
the Revised Code.	7117

"Long-term care consultation program administrator" or	7118
"administrator" means the department of aging or, if the	7119
department contracts with an area agency on aging or other entity	7120
to administer the long-term care consultation program for a	7121
particular area, that agency or entity.	7122

"Nursing facility" has the same meaning as in section 5111.20	7123
of the Revised Code.	7124

"Residential state supplement program" means the program	7125
administered pursuant to section 173.35 of the Revised Code.	7126

(B) Each month, each area agency on aging shall determine	7127
whether individuals who reside in the area that the area agency on	7128
aging serves and are on a waiting list for the residential state	7129
supplement program have been admitted to a nursing facility. If an	7130
area agency on aging determines that such an individual has been	7131
admitted to a nursing facility, the agency shall notify the	7132
long-term care consultation program administrator serving the area	7133
in which the individual resides about the determination. The	7134
administrator shall determine whether the residential state	7135
supplement program is appropriate for the individual and whether	7136
the individual would rather participate in the program than	7137
continue residing in the nursing facility. If the administrator	7138
determines that the residential state supplement program is	7139
appropriate for the individual and the individual would rather	7140
participate in the program than continue residing in the nursing	7141
facility, the administrator shall so notify the department of	7142
aging. On receipt of the notice from the administrator, the	7143
department of aging shall approve the individual's enrollment in	7144
the residential state supplement program regardless of the	7145
program's waiting list and even though the enrollment causes	7146
enrollment in the program to exceed the limit that would otherwise	7147
apply. Each quarter, the department of aging shall certify to the	7148
director of budget and management the estimated increase in costs	7149
of the residential state supplement program resulting from	7150
enrollment of individuals in the program pursuant to this section.	7151

(C) Not later than the last day of each calendar year, the	7152
director of aging shall submit to the general assembly a report	7153
regarding the number of individuals enrolled in the residential	7154
state supplement program pursuant to this section and the costs	7155
incurred and savings achieved as a result of the enrollments.	7156

Sec. 173.401. (A) As used in this section:

7157

"Area agency on aging" has the same meaning as in section	7158
173.14 of the Revised Code.	7159

"Long-term care consultation program" means the program the	7160
department of aging is required to develop under section 173.42 of	7161
the Revised Code.	7162

"Long-term care consultation program administrator" or	7163
"administrator" means the department of aging or, if the	7164
department contracts with an area agency on aging or other entity	7165
to administer the long-term care consultation program for a	7166
particular area, that agency or entity.	7167

"Nursing facility" has the same meaning as in section 5111.20	7168
of the Revised Code.	7169

"PASSPORT program" means the program created under section	7170
173.40 of the Revised Code.	7171

"PASSPORT waiver" means the federal medicaid waiver granted	7172
by the United States secretary of health and human services that	7173
authorizes the PASSPORT program.	7174

(B) The director of job and family services shall submit to	7175
the United States secretary of health and human services an	7176
amendment to the PASSPORT waiver that authorizes additional	7177
enrollments in the PASSPORT program pursuant to this section.	7178
Beginning with the month following the month in which the United	7179
States secretary approves the amendment and each month thereafter,	7180
each area agency on aging shall determine whether individuals who	7181
reside in the area that the area agency on aging serves and are on	7182
a waiting list for the PASSPORT program have been admitted to a	7183
nursing facility. If an area agency on aging determines that such	7184
an individual has been admitted to a nursing facility, the agency	7185
shall notify the long-term care consultation program administrator	7186
serving the area in which the individual resides about the	7187
determination. The administrator shall determine whether the	7188
PASSPORT program is appropriate for the individual and whether the	7189
individual would rather participate in the PASSPORT program than	7190
continue residing in the nursing facility. If the administrator	7191
determines that the PASSPORT program is appropriate for the	7192
individual and the individual would rather participate in the	7193
PASSPORT program than continue residing in the nursing facility,	7194
the administrator shall so notify the department of aging. On	7195
receipt of the notice from the administrator, the department of	7196
aging shall approve the individual's enrollment in the PASSPORT	7197
program regardless of the PASSPORT program's waiting list and even	7198
though the enrollment causes enrollment in the program to exceed	7199
the limit that would otherwise apply. Each quarter, the department	7200
of aging shall certify to the director of budget and management	7201
the estimated increase in costs of the PASSPORT program resulting	7202
from enrollment of individuals in the PASSPORT program pursuant to	7203
this section.	7204

(C) Not later than the last day of each calendar year, the	7205
director of job and family services shall submit to the general	7206
assembly a report regarding the number of individuals enrolled in	7207
the PASSPORT program pursuant to this section and the costs	7208
incurred and savings achieved as a result of the enrollments.	7209

Sec. 173.85. (A) The Ohio's best Rx program fund is hereby	7210
created~~. The fund shall be~~ in ~~the custody of the treasurer of~~	7211
~~state, but shall not be part of~~ the state treasury. The fund shall	7212
consist of the following:	7213

(1) Manufacturer payments made by participating manufacturers	7214
pursuant to agreements entered into under section 173.81 of the	7215
Revised Code;	7216

(2) Administrative fees, if an administrative fee is	7217
determined by the department of aging in rules adopted under	7218
section 173.83 of the Revised Code;	7219

(3) Any amounts donated to the fund and accepted by the	7220
department;	7221

(4) The fund's investment earnings.

7222

(B) Money in the Ohio's best Rx program fund shall be used to	7223
make payments under section 173.801 of the Revised Code and to	7224
make transfers to the Ohio's best Rx administration fund in	7225
accordance with section 173.86 of the Revised Code.	7226

Sec. 173.86. (A) The Ohio's best Rx administration fund is	7227
hereby created in the state treasury. The ~~treasurer of state~~	7228
director of budget and management shall transfer from the Ohio's	7229
best Rx program fund to the Ohio's best Rx administration fund	7230
amounts equal to the following:	7231

(1) Amounts resulting from application of the program	7232
administration percentage, if a program administration percentage	7233
is determined by the department of aging in rules adopted under	7234
section 173.83 of the Revised Code;	7235

(2) The amount of the administrative fees charged Ohio's best	7236
Rx participants, if an administrative fee is determined by the	7237
department of aging in rules adopted under section 173.83 of the	7238
Revised Code;	7239

(3) The amount of any donations credited to the Ohio's best	7240
Rx program fund;	7241

(4) The amount of investment earnings credited to the Ohio's	7242
best Rx program fund.	7243

The ~~treasurer of state~~director of budget and management	7244
shall make the transfers in accordance with a schedule developed	7245
by the ~~treasurer of state~~director and the department of aging.	7246

(B) The department of aging shall use money in the Ohio's	7247
best Rx administration fund to pay the administrative costs of the	7248
Ohio's best Rx program, including, but not limited to, costs	7249
associated with contracted services, staff, outreach activities,	7250
computers and network services, and the Ohio's best Rx program	7251
council. If the fund includes an amount that exceeds the amount	7252
necessary to pay the administrative costs of the program, the	7253
department may use the excess amount to pay the cost of subsidies	7254
provided to Ohio's best Rx program participants under any subsidy	7255
program established pursuant to section 173.861 of the Revised	7256
Code.	7257

Sec. 174.03. (A) The department of development and the Ohio	7258
housing finance agency shall each develop programs under which, in	7259
accordance with rules adopted under this section, they may make	7260
grants, loans, loan guarantees, and loan subsidies to counties,	7261
municipal corporations, townships, local housing authorities, and	7262
nonprofit organizations and may make loans, loan guarantees, and	7263
loan subsidies to private developers and private lenders to assist	7264
in activities that provide housing and housing assistance for	7265
specifically targeted low- and moderate-income families and	7266
individuals. There is no minimum housing project size for awards	7267
under this division for any project that is developed for a	7268
special needs population and that is supported by a social service	7269
agency where the housing project is located. Activities for which	7270
grants, loans, loan guarantees, and loan subsidies may be made	7271
under this section include all of the following:	7272

(1) Acquiring, financing, constructing, leasing,	7273
rehabilitating, remodeling, improving, and equipping publicly or	7274
privately owned housing;	7275

(2) Providing supportive services related to housing and the	7276
homeless, including housing counseling. Not more than twenty per	7277
cent of the current year appropriation authority for the low- and	7278
moderate-income housing trust fund that remains after the award of	7279
funds made pursuant to divisions (A)(1), (A)(2), and (A)(3) of	7280
section 174.02 of the Revised Code, shall be awarded in any fiscal	7281
year for supportive services.	7282

(3) Providing rental assistance payments or other project	7283
operating subsidies that lower tenant rents.	7284

(B) Activities listed under division (A) of this section may	7285
include emergency shelter care programs for unaccompanied youth	7286
seventeen years of age and younger.	7287

(C) Grants, loans, loan guarantees, and loan subsidies may be	7288
made to counties, municipal corporations, townships, and nonprofit	7289
organizations for the additional purposes of providing technical	7290
assistance, design and finance services and consultation, and	7291
payment of pre-development and administrative costs related to any	7292
of the activities listed above.	7293

~~(C)~~(D) In developing programs under this section, the	7294
department and the agency shall invite, accept, and consider	7295
public comment, and recommendations from the housing trust fund	7296
advisory committee created under section 174.06 of the Revised	7297
Code, on how the programs should be designed to most effectively	7298
benefit low- and moderate-income families and individuals. The	7299
programs developed under this section shall respond collectively	7300
to housing and housing assistance needs of low- and	7301
moderate-income families and individuals statewide.	7302

~~(D)~~(E) The department and the agency, in accordance with	7303
Chapter 119. of the Revised Code, shall each adopt rules to	7304
administer programs developed under this section. The rules shall	7305
prescribe procedures and forms that counties, municipal	7306
corporations, townships, local housing authorities, and nonprofit	7307
organizations shall use in applying for grants, loans, loan	7308
guarantees, and loan subsidies and that private developers and	7309
private lenders shall use in applying for loans, loan guarantees,	7310
and loan subsidies; eligibility criteria for the receipt of funds;	7311
procedures for reviewing and granting or denying applications;	7312
procedures for paying out funds; conditions on the use of funds;	7313
procedures for monitoring the use of funds; and procedures under	7314
which a recipient shall be required to repay funds that are	7315
improperly used. The rules shall do both of the following:	7316

(1) Require each recipient of a grant or loan made from the	7317
low- and moderate-income housing trust fund for activities that	7318
provide, or assist in providing, a rental housing project, to	7319
reasonably ensure that the rental housing project will remain	7320
affordable to those families and individuals targeted for the	7321
rental housing project for the useful life of the rental housing	7322
project or for thirty years, whichever is longer;	7323

(2) Require each recipient of a grant or loan made from the	7324
low- and moderate-income housing trust fund for activities that	7325
provide, or assist in providing, a housing project to prepare and	7326
implement a plan to reasonably assist any families and individuals	7327
displaced by the housing project in obtaining decent affordable	7328
housing.	7329

~~(E)~~(F) In prescribing eligibility criteria and conditions for	7330
the use of funds, neither the department nor the agency is limited	7331
to the criteria and conditions specified in this section and each	7332
may prescribe additional eligibility criteria and conditions that	7333
relate to the purposes for which grants, loans, loan guarantees,	7334
and loan subsidies may be made. However, the department and agency	7335
are limited by the following specifically targeted low- and	7336
moderate-income guidelines:	7337

(1) Not less than seventy-five per cent of the money granted	7338
and loaned under this section in any fiscal year shall be for	7339
activities that provide affordable housing and housing assistance	7340
to families and individuals whose incomes are equal to or less	7341
than fifty per cent of the median income for the county in which	7342
they live, as determined by the department under section 174.04	7343
of the Revised Code.	7344

(2) Any money granted and loaned under this section in any	7345
fiscal year that is not granted or loaned pursuant to division	7346
~~(E)~~(F)(1) of this section shall be for activities that provide	7347
affordable housing and housing assistance to families and	7348
individuals whose incomes are equal to or less than eighty per	7349
cent of the median income for the county in which they live, as	7350
determined by the department under section 174.04 of the Revised	7351
Code.	7352

~~(F)~~(G) In making grants, loans, loan guarantees, and loan	7353
subsidies under this section, the department and the agency shall	7354
give preference to viable projects and activities that benefit	7355
those families and individuals whose incomes are equal to or less	7356
than thirty-five per cent of the median income for the county in	7357
which they live, as determined by the department under section	7358
174.04 of the Revised Code.	7359

~~(G)~~(H) The department and the agency shall monitor the	7360
programs developed under this section to ensure that money granted	7361
and loaned under this section is not used in a manner that	7362
violates division (H) of section 4112.02 of the Revised Code or	7363
discriminates against families with children.	7364

Sec. 174.06. (A) There is hereby created the housing trust	7365
fund advisory committee. The committee consists of fourteen	7366
members the governor appoints as follows to represent	7367
organizations committed to housing and housing assistance for low-	7368
and moderate-income persons:	7369

(1) One member to represent lenders.

7370

(2) One member to represent for-profit builders and	7371
developers.	7372

(3) One member to represent the families and individuals	7373
included in the income groups targeted for housing and housing	7374
assistance under divisions ~~(E) and~~ (F) and (G) of section 174.03	7375
of the Revised Code.	7376

(4) One member to represent religious, civic, or social	7377
service organizations.	7378

(5) One member to represent counties.

7379

(6) One member to represent municipal corporations.

7380

(7) One member to represent townships.

7381

(8) One member to represent local housing authorities.

7382

(9) One member to represent fair housing organizations.

7383

(10) Three members to represent nonprofit organizations.

7384

(11) One member to represent real estate brokers licensed	7385
under Chapter 4735. of the Revised Code.	7386

(12) One member to represent the for-profit rental housing	7387
industry.	7388

(B)(1) Terms of office are for four years, with each term	7389
ending on the same day of the same month as did the term that it	7390
succeeds. Each member shall hold office from the date of	7391
appointment until the end of the term for which the member was	7392
appointed. Vacancies shall be filled in the manner prescribed for	7393
the original appointment. A member appointed to fill a vacancy	7394
occurring prior to the expiration of a term shall hold office for	7395
the remainder of that term. A member shall continue in office	7396
subsequent to the expiration of a term until a successor takes	7397
office or until a period of sixty days has elapsed, whichever	7398
occurs first.	7399

(2) The governor may remove a member for misfeasance,	7400
malfeasance, or willful neglect of duty.	7401

(C)(1) The committee shall select a chairperson from among	7402
its members. The committee shall meet at least once each calendar	7403
year and upon the call of the chair. Members of the committee	7404
serve without compensation, but shall be reimbursed for reasonable	7405
and necessary expenses incurred in the discharge of duties.	7406

(2) The department of development shall provide the committee	7407
with a meeting place, supplies, and staff assistance as the	7408
committee requests.	7409

(D) The committee shall assist the department and the Ohio	7410
housing finance agency in defining housing needs and priorities,	7411
recommend to the department and agency at least annually how the	7412
programs developed under section 174.02 of the Revised Code should	7413
be designed to most effectively benefit low- and moderate-income	7414
persons, consider an allocation of funds for projects of fifteen	7415
units or less, and advise the director of development on whether	7416
and how to reallocate money in the low- and moderate-income	7417
housing trust fund under division (B) of section 174.02 of the	7418
Revised Code.	7419

Sec. 183.01. As used in this chapter:

7420

(A) "Tobacco master settlement agreement" means the	7421
settlement agreement (and related documents) entered into on	7422
November 23, 1998 by the state and leading United States tobacco	7423
product manufacturers.	7424

(B) ~~"Net amounts credited to the tobacco master settlement~~	7425
~~agreement fund" means all amounts credited to the tobacco master~~	7426
~~settlement agreement fund during a fiscal year, minus all amounts~~	7427
~~required to be transferred under section 183.02 of the Revised~~	7428
~~Code to the education facilities trust fund, the education~~	7429
~~facilities endowment fund, and the income tax reduction fund~~	7430
~~during the fiscal year. In addition, in fiscal year 2000, "net~~	7431
~~amounts credited to the tobacco master settlement agreement fund"~~	7432
~~does not include amounts credited to the tobacco use prevention~~	7433
~~and cessation trust fund, law enforcement improvements trust fund,~~	7434
~~and southern Ohio agricultural and community development trust~~	7435
~~fund from the first payment received that year.~~	7436

~~(C)~~ "Southern Ohio" includes any county in this state where	7437
tobacco has traditionally been grown.	7438

Sec. 183.021. (A) No money from the tobacco master	7439
settlement agreement fund, as that fund existed prior to the	7440
repeal of section 183.02 of the Revised Code by H.B. 119 of the	7441
127th general assembly, shall be expended to do any of the	7442
following:	7443

(1) Hire an executive agency lobbyist, as defined under	7444
section 121.60 of the Revised Code, or a legislative agent, as	7445
defined under section 101.70 of the Revised Code;	7446

(2) Support or oppose candidates, ballot questions,	7447
referendums, or ballot initiatives.	7448

(B) Nothing in this section prohibits any of the following	7449
from advocating on behalf of the specific objectives of a program	7450
funded under this chapter:	7451

(1) The members of the board of trustees, executive director,	7452
or employees of the tobacco use prevention and control foundation;	7453

(2) The members of the board of trustees, executive director,	7454
or employees of the southern Ohio agricultural and community	7455
development foundation;	7456

(3) The members or employees of the third frontier commission	7457
or the members of the third frontier advisory board.	7458

Sec. 183.061. The board of trustees of the tobacco use	7459
prevention and control foundation may form a nonprofit corporation	7460
pursuant to Chapter 1702. of the Revised Code for the purpose of	7461
raising money to aid the foundation in the conduct of its duties	7462
under Chapter 183. of the Revised Code.	7463

Sec. 183.17. The fiscal year of the southern Ohio	7464
agricultural and community development foundation shall be the	7465
same as the fiscal year of the state.	7466

Within ninety days after the end of each fiscal year, the	7467
foundation shall submit to the governor and the general assembly	7468
both of the following:	7469

(A) A report of the activities of the foundation during the	7470
preceding fiscal year. The report shall also contain an	7471
independent evaluation of the progress being made by the	7472
foundation in carrying out its duties.	7473

(B) A financial report of the foundation for the preceding	7474
year, which shall include both:	7475

(1) Information on the amount and percentage of overhead and	7476
administrative expenditures compared to programmatic expenditures;	7477

(2) An independent auditor's report on the basic financial	7478
statements and required supplementary information of the	7479
foundation. Such financial statements shall be prepared in	7480
conformity with generally accepted accounting principles	7481
prescribed for governmental entities.	7482

On or before July 1, 2010, the foundation shall report to the	7483
governor and the general assembly on the progress that the	7484
foundation has made in replacing the production of tobacco in	7485
southern Ohio with the production of other agricultural products	7486
and in mitigating the adverse economic impact of reduced tobacco	7487
production in the region. ~~If the foundation concludes that a need~~	7488
~~for additional funding still exists, the foundation may request~~	7489
~~that provision be made for a portion of the payments credited to~~	7490
~~the tobacco master settlement agreement fund to continue to be~~	7491
~~transferred to the southern Ohio agricultural and community~~	7492
~~development trust fund.~~	7493

Sec. 183.33. No money shall be appropriated or transferred	7494
from the general revenue fund to the ~~tobacco master settlement~~	7495
~~agreement fund,~~ tobacco use prevention and cessation trust fund,	7496
tobacco use prevention and control endowment fund, law enforcement	7497
improvements trust fund, southern Ohio agricultural and community	7498
development trust fund, southern Ohio agricultural and community	7499
development foundation endowment fund, Ohio's public health	7500
priorities trust fund, biomedical research and technology transfer	7501
trust fund, education facilities trust fund, ~~education facilities~~	7502
~~endowment fund,~~ or education technology trust fund. In addition,	7503
no money shall be otherwise appropriated or transferred from the	7504
general revenue fund for the use of the tobacco use prevention and	7505
control foundation ~~or the southern Ohio agricultural and community~~	7506
~~development foundation~~.	7507

Sec. 183.34. There is hereby created in the state treasury	7508
the tobacco settlement oversight, administration, and enforcement	7509
fund, to which shall ~~be credited~~consist of amounts transferred	7510
under division (I) of section 183.02 of the Revised Code prior to	7511
the repeal of that section by H.B. 119 of the 127th general	7512
assembly. The attorney general shall use the fund to pay costs	7513
incurred in the oversight, administration, and enforcement of the	7514
tobacco master settlement agreement.	7515

Sec. 183.35. There is hereby created in the state treasury	7516
the tobacco settlement enforcement fund, to which shall be	7517
~~credited~~consist of amounts transferred under division (J) of	7518
section 183.02 of the Revised Code prior to the repeal of that	7519
section by H.B. 119 of the 127th general assembly. The tax	7520
commissioner shall use the fund to pay costs incurred in the	7521
enforcement of divisions (F) and (G) of section 5743.03 of the	7522
Revised Code.	7523

Sec. 183.51. (A) As used in this section and in the	7524
applicable bond proceedings unless otherwise provided:	7525

(1) "Bond proceedings" means the resolutions, orders,	7526
indentures, purchase and sale and trust and other agreements	7527
including any amendments or supplements to them, and credit	7528
enhancement facilities, and amendments and supplements to them, or	7529
any one or more or combination of them, authorizing, awarding, or	7530
providing for the terms and conditions applicable to or providing	7531
for the security or liquidity of, the particular obligations, and	7532
the provisions contained in those obligations.	7533

(2) "Bond service fund" means the bond service fund created	7534
in the bond proceedings for the obligations.	7535

(3) "Capital facilities" means, as applicable, capital	7536
facilities or projects as referred to in section 151.03 or 151.04	7537
of the Revised Code.	7538

(4) "Consent decree" means the consent decree and final	7539
judgment entered November 25, 1998, in the court of common pleas	7540
of Franklin county, Ohio, as the same may be amended or	7541
supplemented from time to time.	7542

(5) "Cost of capital facilities" has the same meaning as in	7543
section 151.01 of the Revised Code, as applicable.	7544

(6) "Credit enhancement facilities," "financing costs," and	7545
"interest" or "interest equivalent" have the same meanings as in	7546
section 133.01 of the Revised Code.	7547

(7) "Debt service" means principal, including any mandatory	7548
sinking fund or redemption requirements for retirement of	7549
obligations, interest and other accreted amounts, interest	7550
equivalent, and any redemption premium, payable on obligations. If	7551
not prohibited by the applicable bond proceedings, "debt service"	7552
may include costs relating to credit enhancement facilities that	7553
are related to and represent, or are intended to provide a source	7554
of payment of or limitation on, other debt service.	7555

(8) "Improvement fund" means, as applicable, the school	7556
building program assistance fund created in section 3318.25 of the	7557
Revised Code and the higher education improvement fund created in	7558
section 154.21 of the Revised Code.	7559

(9) "Issuing authority" means the buckeye tobacco settlement	7560
financing authority created in section 183.52 of the Revised Code.	7561

(10) "Net proceeds" means amounts received from the sale of	7562
obligations, excluding amounts used to refund or retire	7563
outstanding obligations, amounts required to be deposited into	7564
special funds pursuant to the applicable bond proceedings, and	7565
amounts to be used to pay financing costs.	7566

(11) "Obligations" means bonds, notes, or other evidences of	7567
obligation of the issuing authority, including any appertaining	7568
interest coupons, issued by the issuing authority under this	7569
section and Section 2i of Article VIII, Ohio Constitution, for the	7570
purpose of providing funds to the state, in exchange for the	7571
assignment and sale described in division (B) of this section, for	7572
the purpose of paying costs of capital facilities for: (a) housing	7573
branches and agencies of state government limited to facilities	7574
for a system of common schools throughout the state and (b)	7575
state-supported or state-assisted institutions of higher	7576
education.	7577

(12) "Pledged receipts" means, as and to the extent provided	7578
for in the applicable bond proceedings:	7579

(a) Pledged tobacco settlement receipts;

7580

(b) Accrued interest received from the sale of obligations;

7581

7582

(d) Additional or any other specific revenues or receipts	7583
lawfully available to be pledged, and pledged, pursuant to the	7584
bond proceedings, including but not limited to amounts received	7585
under credit enhancement facilities, to the payment of debt	7586
service.	7587

(13) "Pledged tobacco settlement receipts" means all amounts	7588
received by the issuing authority pursuant to division (B) of this	7589
section.	7590

(14) "Principal amount" means the aggregate of the amount as	7591
stated or provided for in the applicable bond proceedings as the	7592
amount on which interest or interest equivalent on particular	7593
obligations is initially calculated. "Principal amount" does not	7594
include any premium paid to the issuing authority by the initial	7595
purchaser of the obligations. "Principal amount" of a capital	7596
appreciation bond, as defined in division (C) of section 3334.01	7597
of the Revised Code, means its original face amount and not its	7598
accreted value, and "principal amount" of a zero coupon bond, as	7599
defined in division (J) of section 3334.01 of the Revised Code,	7600
means the discounted offering price at which the bond is initially	7601
sold to the public, disregarding any purchase price discount to	7602
the original purchaser, if provided in or for pursuant to the bond	7603
proceedings.	7604

(15) "Special funds" or "funds," unless the context indicates	7605
otherwise, means the bond service fund, and any other funds,	7606
including any reserve funds, created under the bond proceedings	7607
and stated to be special funds in those proceedings, including	7608
moneys and investments, and earnings from investments, credited	7609
and to be credited to the particular fund. "Special funds" does	7610
not include any improvement fund or investment earnings on amounts	7611
in any improvement fund, or other funds created by the bond	7612
proceedings that are not stated by those proceedings to be special	7613
funds.	7614

(B) The state may assign and sell to the issuing authority,	7615
and the issuing authority may accept and purchase, all or a	7616
portion of the amounts to be received by the state under the	7617
tobacco master settlement agreement for a purchase price payable	7618
by the issuing authority to the state consisting of the net	7619
proceeds of obligations and any residual interest, if any. Any	7620
such assignment and sale shall be irrevocable in accordance with	7621
its terms during the period any obligations secured by amounts so	7622
assigned and sold are outstanding under the applicable bond	7623
proceedings, and shall constitute a contractual obligation to the	7624
holders or owners of those obligations. Any such assignment and	7625
sale shall also be treated as an absolute transfer and true sale	7626
for all purposes, and not as a pledge or other security interest.	7627
The characterization of any such assignment and sale as a true	7628
sale and absolute transfer shall not be negated or adversely	7629
affected by only a portion of the amounts to be received under the	7630
tobacco master settlement agreement being transferred, the	7631
acquisition or retention by the state of a residual interest, the	7632
participation of any state officer or employee as a member or	7633
officer of, or providing staff support to, the issuing authority,	7634
any responsibility of an officer or employee of the state for	7635
collecting the amounts to be received under the tobacco master	7636
settlement agreement or otherwise enforcing that agreement or	7637
retaining any legal title to or interest in any portion of the	7638
amounts to be received under that agreement for the purpose of	7639
these collection activities, any characterization of the issuing	7640
authority or its obligations for purposes of accounting, taxation,	7641
or securities regulation, or by any other factors whatsoever. A	7642
true sale shall exist under this section regardless of whether the	7643
issuing authority has any recourse against the state or any other	7644
term of the bond proceedings or the treatment or characterization	7645
of the transfer as a financing for any purpose. Upon and following	7646
the assignment and sale, the state shall not have any right,	7647
title, or interest in the portion of the receipts under the	7648
tobacco master settlement agreement so assigned and sold, other	7649
than any residual interest that may be described in the applicable	7650
bond proceedings for those obligations, and that portion, if any,	7651
shall be the property of the issuing authority and not of the	7652
state, and shall be paid directly to the issuing authority, and	7653
shall be owned, received, held, and disbursed by the issuing	7654
authority and not by the state.	7655

The state may covenant, pledge, and agree in the bond	7656
proceedings, with and for the benefit of the issuing authority,	7657
the holders and owners of obligations, and providers of any credit	7658
enhancement facilities, that it shall: (1) maintain statutory	7659
authority for, and cause to be collected and paid directly to the	7660
issuing authority or its assignee, the pledged receipts, (2)	7661
enforce the rights of the issuing authority to receive the	7662
receipts under the tobacco master settlement agreement assigned	7663
and sold to the issuing authority, (3) not limit or alter the	7664
rights of the issuing authority to fulfill the terms of its	7665
agreements with the holders or owners of obligations outstanding	7666
under the bond proceedings, (4) not in any way impair the rights	7667
and remedies of the holders or owners of obligations outstanding	7668
under the bond proceedings or impair the security for those	7669
obligations, (5) enforce Chapter 1346. of the Revised Code, the	7670
tobacco master settlement agreement, and the consent decree to	7671
effectuate the collection of the pledged tobacco settlement	7672
receipts, and (6) not agree to any amendment of the tobacco master	7673
settlement agreement that materially and adversely affects the	7674
issuing authority's ability to receive the portion of the receipts	7675
under the tobacco master settlement agreement assigned and sold to	7676
the issuing authority.	7677

The bond proceedings may also include such other covenants,	7678
pledges, and agreements by the state to protect and safeguard the	7679
security and rights of the holders and owners of the obligations,	7680
and of the providers of any credit enhancement facilities,	7681
including, without limiting the generality of the foregoing, any	7682
covenant, pledge, or agreement customary in transactions involving	7683
the issuance of securities the debt service on which is payable	7684
from or secured by amounts received under the tobacco master	7685
settlement agreement. Notwithstanding any other provision of law,	7686
any covenant, pledge, and agreement of the state, if and when made	7687
in the bond proceedings, shall be controlling and binding upon,	7688
and enforceable against the state in accordance with its terms for	7689
so long as any obligations are outstanding under the applicable	7690
bond proceedings. The bond proceedings may also include	7691
limitations on the remedies available to the issuing authority,	7692
the holders and owners of the obligations, and the providers of	7693
any credit enhancement facilities, including, without limiting the	7694
generality of the foregoing, a provision that those remedies may	7695
be limited to injunctive relief in circumstances where there has	7696
been no prior determination by a court of competent jurisdiction	7697
that the state has not enforced Chapter 1346. of the Revised Code,	7698
the tobacco master settlement agreement, or the consent decree as	7699
may have been covenanted or agreed in the bond proceedings under	7700
division (B)(5) of this section.	7701

Nothing in this section or the bond proceedings shall	7702
preclude or limit, or be construed to preclude or limit, the state	7703
from regulating or authorizing or permitting the regulation of	7704
smoking or from taxing and regulating the sale of cigarettes or	7705
other tobacco products, or from defending or prosecuting cases or	7706
other actions relating to the sale or use of cigarettes or other	7707
tobacco products. Except as otherwise may be agreed in writing by	7708
the attorney general, nothing in this section or the bond	7709
proceedings shall modify or limit, or be construed to modify or	7710
limit, the responsibility, power, judgment, and discretion of the	7711
attorney general to protect and discharge the duties, rights, and	7712
obligations of the state under the tobacco master settlement	7713
agreement, the consent decree, or Chapter 1346. of the Revised	7714
Code.	7715

The governor and the director of budget and management, in	7716
consultation with the attorney general, on behalf of the state,	7717
and any member or officer of the issuing authority as authorized	7718
by that issuing authority, on behalf of the issuing authority, may	7719
take any action and execute any documents, including any purchase	7720
and sale agreements, necessary to effect the assignment and sale	7721
and the acceptance of the assignment and title to the receipts	7722
including, providing irrevocable direction to the escrow agent	7723
acting under the tobacco master settlement agreement to transfer	7724
directly to the issuing authority the amounts to be received under	7725
that agreement that are subject to such assignment and sale. Any	7726
purchase and sale agreement or other bond proceedings may contain	7727
the terms and conditions established by the state and the issuing	7728
authority to carry out and effectuate the purposes of this	7729
section, including, without limitation, covenants binding the	7730
state in favor of the issuing authority and its assignees and the	7731
owners of the obligations. Any such purchase and sale agreement	7732
shall be sufficient to effectuate such purchase and sale without	7733
regard to any other laws governing other property sales or	7734
financial transactions by the state.	7735

Not later than two years following the date on which there	7736
are no longer any obligations outstanding under the bond	7737
proceedings, all assets of the issuing authority shall vest in the	7738
state, the issuing authority shall execute any necessary	7739
assignments or instruments, including any assignment of any right,	7740
title, or ownership to the state for receipt of amounts under the	7741
tobacco master settlement agreement, and the issuing authority	7742
shall be dissolved.	7743

(C) The issuing authority is authorized to issue and to sell	7744
obligations as provided in this section. The aggregate principal	7745
amount of obligations issued under this section shall not exceed	7746
six billion dollars, exclusive of obligations issued under	7747
division (M)(1) of this section to refund, renew, or advance	7748
refund other obligations issued or incurred. At least seventy-five	7749
per cent of the aggregate net proceeds of the obligations issued	7750
under the authority of this section, exclusive of obligations	7751
issued to refund, renew, or advance refund other obligations,	7752
shall be paid to the state for deposit into the school building	7753
program assistance fund created in section 3318.25 of the Revised	7754
Code.	7755

(D) Each issue of obligations shall be authorized by	7756
resolution or order of the issuing authority. The bond proceedings	7757
shall provide for or authorize the manner for determining the	7758
principal amount or maximum principal amount of obligations of an	7759
issue, the principal maturity or maturities, the interest rate or	7760
rates, the date of and the dates of payment of interest on the	7761
obligations, their denominations, and the place or places of	7762
payment of debt service which may be within or outside the state.	7763
Unless otherwise provided by law, the latest principal maturity	7764
may not be later than the earlier of the thirty-first day of	7765
December of the fiftieth calendar year after the year of issuance	7766
of the particular obligations or of the fiftieth calendar year	7767
after the year in which the original obligation to pay was issued	7768
or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of	7769
the Revised Code apply to the obligations.	7770

The purpose of the obligations may be stated in the bond	7771
proceedings in general terms, such as, as applicable, "paying	7772
costs of capital facilities for a system of common schools" and	7773
"paying costs of facilities for state-supported and state-assisted	7774
institutions of higher education." Unless otherwise provided in	7775
the bond proceedings or in division (C) of this section, the net	7776
proceeds from the issuance of the obligations shall be paid to the	7777
state for deposit into the applicable improvement fund.	7778
Notwithstanding division (B)(4) of section 3318.38 of the Revised	7779
Code, net proceeds of obligations deposited into the school	7780
building program assistance fund created in section 3318.25 of the	7781
Revised Code may be used to pay basic project costs under section	7782
3318.38 of the Revised Code at the times determined by the Ohio	7783
school facilities commission without regard to whether those	7784
expenditures are in proportion to the state's and the school	7785
district's respective shares of that basic project cost; provided	7786
that this shall not result in any change in the state or school	7787
district shares of the basic project costs provided under Chapter	7788
3318. of the Revised Code. As used in the preceding sentence,	7789
"Ohio school facilities commission" and "basic project costs" have	7790
the same meanings as in section 3318.01 of the Revised Code.	7791

(E) The issuing authority may, without need for any other	7792
approval, appoint or provide for the appointment of paying agents,	7793
bond registrars, securities depositories, credit enhancement	7794
providers or counterparties, clearing corporations, and transfer	7795
agents, and retain or contract for the services of underwriters,	7796
investment bankers, financial advisers, accounting experts,	7797
marketing, remarketing, indexing, and administrative agents, other	7798
consultants, and independent contractors, including printing	7799
services, as are necessary in the judgment of the issuing	7800
authority to carry out the issuing authority's functions under	7801
this section and section 183.52 of the Revised Code. The attorney	7802
general as counsel to the issuing authority shall represent the	7803
authority in the execution of its powers and duties, and shall	7804
institute and prosecute all actions on its behalf. The issuing	7805
authority, in consultation with the attorney general, shall select	7806
counsel, and the attorney general shall appoint the counsel	7807
selected, for the purposes of carrying out the functions under	7808
this section and related sections of the Revised Code. Financing	7809
costs are payable, as may be provided in the bond proceedings,	7810
from the proceeds of the obligations, from special funds, or from	7811
other moneys available for the purpose, including as to future	7812
financing costs, from the pledged receipts.	7813

(F) The issuing authority may irrevocably pledge and assign	7814
all, or such portion as the issuing authority determines, of the	7815
pledged receipts to the payment of the debt service charges on	7816
obligations issued under this section, and for the establishment	7817
and maintenance of any reserves, as provided in the bond	7818
proceedings, and make other provisions in the bond proceedings	7819
with respect to pledged receipts as authorized by this section,	7820
which provisions are controlling notwithstanding any other	7821
provisions of law pertaining to them. Any and all pledged receipts	7822
received by the issuing authority and required by the bond	7823
proceedings, consistent with this section, to be deposited,	7824
transferred, or credited to the bond service fund, and all other	7825
money transferred or allocated to or received for the purposes of	7826
that fund, shall be deposited and credited to the bond service	7827
fund created in the bond proceedings for the obligations, subject	7828
to any applicable provisions of those bond proceedings, but	7829
without necessity for any act of appropriation. Those pledged	7830
receipts shall immediately be subject to the lien of that pledge	7831
without any physical delivery thereof or further act, and shall	7832
not be subject to other court judgments. The lien of the pledge of	7833
those pledged receipts shall be valid and binding against all	7834
parties having claims of any kind against the issuing authority,	7835
irrespective of whether those parties have notice thereof. The	7836
pledge shall create a perfected security interest for all purposes	7837
of Chapter 1309. of the Revised Code and a perfected lien for	7838
purposes of any other interest, all without the necessity for	7839
separation or delivery of funds or for the filing or recording of	7840
the applicable bond proceedings by which that pledge is created or	7841
any certificate, statement, or other document with respect	7842
thereto. The pledge of the pledged receipts shall be effective and	7843
the money therefrom and thereof may be applied to the purposes for	7844
which pledged.	7845

(G) Obligations may be further secured, as determined by the	7846
issuing authority, by an indenture or a trust agreement between	7847
the issuing authority and a corporate trustee, which may be any	7848
trust company or bank having a place of business within the state.	7849
Any indenture or trust agreement may contain the resolution or	7850
order authorizing the issuance of the obligations, any provisions	7851
that may be contained in any bond proceedings, and other	7852
provisions that are customary or appropriate in an agreement of	7853
that type, including, but not limited to:	7854

(1) Maintenance of each pledge, indenture, trust agreement,	7855
or other instrument comprising part of the bond proceedings until	7856
the issuing authority has fully paid or provided for the payment	7857
of debt service on the obligations secured by it;	7858

(2) In the event of default in any payments required to be	7859
made by the bond proceedings, enforcement of those payments or	7860
agreements by mandamus, the appointment of a receiver, suit in	7861
equity, action at law, or any combination of them;	7862

(3) The rights and remedies of the holders or owners of	7863
obligations and of the trustee and provisions for protecting and	7864
enforcing them, including limitations on rights of individual	7865
holders and owners.	7866

(H) The bond proceedings may contain additional provisions	7867
customary or appropriate to the financing or to the obligations or	7868
to particular obligations including, but not limited to,	7869
provisions for:	7870

(1) The redemption of obligations prior to maturity at the	7871
option of the issuing authority or of the holder or upon the	7872
occurrence of certain conditions, and at a particular price or	7873
prices and under particular terms and conditions;	7874

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

7875

(3) The establishment, deposit, investment, and application	7876
of special funds, and the safeguarding of moneys on hand or on	7877
deposit, in lieu of the applicability of provisions of Chapter	7878
131. or 135. of the Revised Code, but subject to any special	7879
provisions of this section with respect to the application of	7880
particular funds or moneys. Any financial institution that acts as	7881
a depository of any moneys in special funds or other funds under	7882
the bond proceedings may furnish indemnifying bonds or pledge	7883
securities as required by the issuing authority.	7884

(4) Any or every provision of the bond proceedings being	7885
binding upon the issuing authority and upon such governmental	7886
agency or entity, officer, board, authority, agency, department,	7887
institution, district, or other person or body as may from time to	7888
time be authorized to take actions as may be necessary to perform	7889
all or any part of the duty required by the provision;	7890

(5) The maintenance of each pledge or instrument comprising	7891
part of the bond proceedings until the issuing authority has fully	7892
paid or provided for the payment of the debt service on the	7893
obligations or met other stated conditions;	7894

(6) In the event of default in any payments required to be	7895
made by the bond proceedings, or by any other agreement of the	7896
issuing authority made as part of a contract under which the	7897
obligations were issued or secured, including a credit enhancement	7898
facility, the enforcement of those payments by mandamus, a suit in	7899
equity, an action at law, or any combination of those remedial	7900
actions;	7901

(7) The rights and remedies of the holders or owners of	7902
obligations or of book-entry interests in them, and of third	7903
parties under any credit enhancement facility, and provisions for	7904
protecting and enforcing those rights and remedies, including	7905
limitations on rights of individual holders or owners;	7906

(8) The replacement of mutilated, destroyed, lost, or stolen	7907
obligations;	7908

(9) The funding, refunding, or advance refunding, or other	7909
provision for payment, of obligations that will then no longer be	7910
outstanding for purposes of this section or of the applicable bond	7911
proceedings;	7912

(10) Amendment of the bond proceedings;

7913

(11) Any other or additional agreements with the owners of	7914
obligations, and such other provisions as the issuing authority	7915
determines, including limitations, conditions, or qualifications,	7916
relating to any of the foregoing or the activities of the issuing	7917
authority in connection therewith.	7918

The bond proceedings shall make provision for the payment of	7919
the expenses of the enforcement activity of the attorney general	7920
referred to in division (B) of this section from the amounts from	7921
the tobacco master settlement agreement assigned and sold to the	7922
issuing authority under that division or from the proceeds of	7923
obligations, or a combination thereof, which may include provision	7924
for both annual payments and a special fund providing reserve	7925
amounts for the payment of those expenses.	7926

The issuing authority shall not, and shall covenant in the	7927
bond proceedings that it shall not, be authorized to and shall not	7928
file a voluntary petition under the United States Bankruptcy Code,	7929
11 U.S.C. 101 et seq., as amended, or voluntarily commence any	7930
similar bankruptcy proceeding under state law including, without	7931
limitation, consenting to the appointment of a receiver or trustee	7932
or making a general or specific assignment for the benefit of	7933
creditors, and neither any public officer or any organization,	7934
entity, or other person shall authorize the issuing authority to	7935
be or become a debtor under the United States Bankruptcy Code or	7936
take any of those actions under the United States Bankruptcy Code	7937
or state law. The state hereby covenants, and the issuing	7938
authority shall covenant, with the holders or owners of the	7939
obligations, that the state shall not permit the issuing authority	7940
to file a voluntary petition under the United States Bankruptcy	7941
Code or take any of those actions under the United States	7942
Bankruptcy Code or state law during the period obligations are	7943
outstanding and for any additional period for which the issuing	7944
authority covenants in the bond proceedings, which additional	7945
period may, but need not, be a period of three hundred sixty-seven	7946
days or more.	7947

(I) The obligations requiring execution by or for the issuing	7948
authority shall be signed as provided in the bond proceedings, and	7949
may bear the official seal of the issuing authority or a facsimile	7950
thereof. Any obligation may be signed by the individual who, on	7951
the date of execution, is the authorized signer even though, on	7952
the date of the obligations, that individual is not an authorized	7953
signer. In case the individual whose signature or facsimile	7954
signature appears on any obligation ceases to be an authorized	7955
signer before delivery of the obligation, that signature or	7956
facsimile is nevertheless valid and sufficient for all purposes as	7957
if that individual had remained the authorized signer until	7958
delivery.	7959

(J) Obligations are investment securities under Chapter 1308.	7960
of the Revised Code. Obligations may be issued in bearer or in	7961
registered form, registrable as to principal alone or as to both	7962
principal and interest, or both, or in certificated or	7963
uncertificated form, as the issuing authority determines.	7964
Provision may be made for the exchange, conversion, or transfer of	7965
obligations and for reasonable charges for registration, exchange,	7966
conversion, and transfer. Pending preparation of final	7967
obligations, the issuing authority may provide for the issuance of	7968
interim instruments to be exchanged for the final obligations.	7969

(K) Obligations may be sold at public sale or at private	7970
sale, in such manner, and at such price at, above, or below par,	7971
all as determined by and provided by the issuing authority in the	7972
bond proceedings.	7973

(L) Except to the extent that rights are restricted by the	7974
bond proceedings, any owner of obligations or provider of or	7975
counterparty to a credit enhancement facility may by any suitable	7976
form of legal proceedings protect and enforce any rights relating	7977
to obligations or that facility under the laws of this state or	7978
granted by the bond proceedings. Those rights include the right to	7979
compel the performance of all applicable duties of the issuing	7980
authority and the state. Each duty of the issuing authority and	7981
that issuing authority's officers, staff, and employees, and of	7982
each state entity or agency, or using district or using	7983
institution, and its officers, members, staff, or employees,	7984
undertaken pursuant to the bond proceedings, is hereby established	7985
as a duty of the entity or individual having authority to perform	7986
that duty, specifically enjoined by law and resulting from an	7987
office, trust, or station within the meaning of section 2731.01 of	7988
the Revised Code. The individuals who are from time to time	7989
members of the issuing authority, or their designees acting	7990
pursuant to section 183.52 of the Revised Code, or the issuing	7991
authority's officers, staff, agents, or employees, when acting	7992
within the scope of their employment or agency, shall not be	7993
liable in their personal capacities on any obligations or	7994
otherwise under the bond proceedings, or for otherwise exercising	7995
or carrying out any purposes or powers of the issuing authority.	7996

(M)(1) Subject to any applicable limitations in division (C)	7997
of this section, the issuing authority may also authorize and	7998
provide for the issuance of:	7999

(a) Obligations in the form of bond anticipation notes, and	8000
may authorize and provide for the renewal of those notes from time	8001
to time by the issuance of new notes. The holders of notes or	8002
appertaining interest coupons have the right to have debt service	8003
on those notes paid solely from the moneys and special funds, and	8004
all or any portion of the pledged receipts, that are or may be	8005
pledged to that payment, including the proceeds of bonds or	8006
renewal notes or both, as the issuing authority provides in the	8007
bond proceedings authorizing the notes. Notes may be additionally	8008
secured by covenants of the issuing authority to the effect that	8009
the issuing authority will do all things necessary for the	8010
issuance of bonds or renewal notes in such principal amount and	8011
upon such terms as may be necessary to provide moneys to pay when	8012
due the debt service on the notes, and apply their proceeds to the	8013
extent necessary, to make full and timely payment of debt service	8014
on the notes as provided in the applicable bond proceedings. In	8015
the bond proceedings authorizing the issuance of bond anticipation	8016
notes the issuing authority shall set forth for the bonds	8017
anticipated an estimated schedule of annual principal payments the	8018
latest of which shall be no later than provided in division (D) of	8019
this section. While the notes are outstanding there shall be	8020
deposited, as shall be provided in the bond proceedings for those	8021
notes, from the sources authorized for payment of debt service on	8022
the bonds, amounts sufficient to pay the principal of the bonds	8023
anticipated as set forth in that estimated schedule during the	8024
time the notes are outstanding, which amounts shall be used solely	8025
to pay the principal of those notes or of the bonds anticipated.	8026

(b) Obligations for the refunding, including funding and	8027
retirement, and advance refunding, with or without payment or	8028
redemption prior to maturity, of any obligations previously issued	8029
under this section and any bonds or notes previously issued for	8030
the purpose of paying costs of capital facilities for: (i)	8031
state-supported or state-assisted institutions of higher education	8032
as authorized by sections 151.01 and 151.04 of the Revised Code,	8033
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution,	8034
and (ii) housing branches and agencies of state government limited	8035
to facilities for a system of common schools throughout the state	8036
as authorized by sections 151.01 and 151.03 of the Revised Code,	8037
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution.	8038
Refunding obligations may be issued in amounts sufficient to pay	8039
or to provide for repayment of the principal amount, including	8040
principal amounts maturing prior to the redemption of the	8041
remaining prior obligations or bonds or notes, any redemption	8042
premium, and interest accrued or to accrue to the maturity or	8043
redemption date or dates, payable on the prior obligations or	8044
bonds or notes, and related financing costs and any expenses	8045
incurred or to be incurred in connection with that issuance and	8046
refunding. Subject to the applicable bond proceedings, the portion	8047
of the proceeds of the sale of refunding obligations issued under	8048
division (M)(1)(b) of this section to be applied to debt service	8049
on the prior obligations or bonds or notes shall be credited to an	8050
appropriate separate account in the bond service fund and held in	8051
trust for the purpose by the issuing authority or by a corporate	8052
trustee, and may be invested as provided in the bond proceedings.	8053
Obligations authorized under this division shall be considered to	8054
be issued for those purposes for which the prior obligations or	8055
bonds or notes were issued.	8056

(2) The principal amount of refunding, advance refunding, or	8057
renewal obligations issued pursuant to division (M) of this	8058
section shall be in addition to the amount authorized in division	8059
(C) of this section.	8060

(N) Obligations are lawful investments for banks, savings and	8061
loan associations, credit union share guaranty corporations, trust	8062
companies, trustees, fiduciaries, insurance companies, including	8063
domestic for life and domestic not for life, trustees or other	8064
officers having charge of sinking and bond retirement or other	8065
special funds of the state and political subdivisions and taxing	8066
districts of this state, notwithstanding any other provisions of	8067
the Revised Code or rules adopted pursuant to those provisions by	8068
any state agency with respect to investments by them, and are also	8069
acceptable as security for the repayment of the deposit of public	8070
moneys. The exemptions from taxation in Ohio as provided for in	8071
particular sections of the Ohio Constitution and section 5709.76	8072
of the Revised Code apply to the obligations.	8073

(O)(1) Unless otherwise provided or provided for in any	8074
applicable bond proceedings, moneys to the credit of or in a	8075
special fund shall be disbursed on the order of the issuing	8076
authority. No such order is required for the payment, from the	8077
bond service fund or other special fund, when due of debt service	8078
or required payments under credit enhancement facilities.	8079

(2) Payments received by the issuing authority under interest	8080
rate hedges entered into as credit enhancement facilities under	8081
this section shall be deposited as provided in the applicable bond	8082
proceedings.	8083

(P) The obligations shall not be general obligations of the	8084
state and the full faith and credit, revenue, and taxing power of	8085
the state shall not be pledged to the payment of debt service on	8086
them or to any guarantee of the payment of that debt service. The	8087
holders or owners of the obligations shall have no right to have	8088
any moneys obligated or pledged for the payment of debt service	8089
except as provided in this section and in the applicable bond	8090
proceedings. The rights of the holders and owners to payment of	8091
debt service are limited to all or that portion of the pledged	8092
receipts, and those special funds, pledged to the payment of debt	8093
service pursuant to the bond proceedings in accordance with this	8094
section, and each obligation shall bear on its face a statement to	8095
that effect.	8096

(Q) Each bond service fund is a trust fund and is hereby	8097
pledged to the payment of debt service on the applicable	8098
obligations. Payment of that debt service shall be made or	8099
provided for by the issuing authority in accordance with the bond	8100
proceedings without necessity for any act of appropriation. The	8101
bond proceedings may provide for the establishment of separate	8102
accounts in the bond service fund and for the application of those	8103
accounts only to debt service on specific obligations, and for	8104
other accounts in the bond service fund within the general	8105
purposes of that fund.	8106

(R) Subject to the bond proceedings pertaining to any	8107
obligations then outstanding in accordance with their terms, the	8108
issuing authority may in the bond proceedings pledge all, or such	8109
portion as the issuing authority determines, of the moneys in the	8110
bond service fund to the payment of debt service on particular	8111
obligations, and for the establishment and maintenance of any	8112
reserves for payment of particular debt service.	8113

(S)(1) Unless otherwise provided in any applicable bond	8114
proceedings, moneys to the credit of special funds may be invested	8115
by or on behalf of the issuing authority only in one or more of	8116
the following:	8117

(a) Notes, bonds, or other direct obligations of the United	8118
States or of any agency or instrumentality of the United States,	8119
or in no-front-end-load money market mutual funds consisting	8120
exclusively of those obligations, or in repurchase agreements,	8121
including those issued by any fiduciary, secured by those	8122
obligations, or in collective investment funds consisting	8123
exclusively of those obligations;	8124

(b) Obligations of this state or any political subdivision of	8125
this state;	8126

(c) Certificates of deposit of any national bank located in	8127
this state and any bank, as defined in section 1101.01 of the	8128
Revised Code, subject to inspection by the superintendent of	8129
financial institutions;	8130

(d) The treasurer of state's pooled investment program under	8131
section 135.45 of the Revised Code;	8132

(e) Other investment agreements or repurchase agreements that	8133
are consistent with the ratings on the obligations.	8134

(2) The income from investments referred to in division	8135
(S)(1) of this section shall be credited to special funds or	8136
otherwise as the issuing authority determines in the bond	8137
proceedings. Those investments may be sold or exchanged at times	8138
as the issuing authority determines, provides for, or authorizes.	8139

(T) The treasurer of state shall have responsibility for	8140
keeping records, making reports, and making payments, relating to	8141
any arbitrage rebate requirements under the applicable bond	8142
proceedings.	8143

(U) The issuing authority shall make quarterly reports to the	8144
general assembly of the amounts in, and activities of, each	8145
improvement fund, including amounts and activities on the subfund	8146
level. Each report shall include a detailed description and	8147
analysis of the amount of proceeds remaining in each fund from the	8148
sale of obligations pursuant to this section, and any other	8149
deposits, credits, interest earnings, disbursements, expenses,	8150
transfers, or activities of each fund.	8151

(V) The costs of the annual audit of the authority conducted	8152
pursuant to section 117.112 of the Revised Code are payable, as	8153
may be provided in the bond proceedings, from the proceeds of the	8154
obligations, from special funds, or from other moneys available	8155
for the purpose, including as to future financing costs, from the	8156
pledged receipts.	8157

Sec. 183.52. (A) There is hereby created a body, both	8158
corporate and politic, constituting a public body, agency, and	8159
instrumentality of this state and performing essential functions	8160
of the state, to be known as the buckeye tobacco settlement	8161
financing authority, which in that name may contract and be	8162
contracted with, sue and be sued, and exercise all other authority	8163
vested in that authority by this section and section 183.51 of the	8164
Revised Code. The authority is created for the sole purpose of	8165
purchasing and receiving any assignment of the tobacco settlement	8166
receipts and issuing obligations, all as provided for in section	8167
183.51 of the Revised Code, to provide financing of essential	8168
functions and facilities. The property of the authority and its	8169
income and operations shall be exempt from taxation involving the	8170
state or by the state and any political subdivision of the state.	8171
All income of the authority, after the payment of necessary	8172
expenses, shall accrue to the state.	8173

(B) The authority shall consist of, in each case ex officio,	8174
the governor, the director of budget and management, the tax	8175
commissioner, the treasurer of state, and the auditor of state.	8176
The governor shall serve as the chair of the authority, the	8177
director of budget and management shall serve as its secretary,	8178
and the authority shall have such other officers as it determines,	8179
who may but need not be members of the authority. Four members of	8180
the authority constitute a quorum and the affirmative vote of four	8181
members is necessary for any action taken by vote of the	8182
authority. No vacancy in the membership of the authority shall	8183
impair the rights of a quorum by such vote to exercise all the	8184
rights and perform all the duties of the authority. Each of the	8185
members above identified may designate an employee or officer of	8186
their office to attend meetings of the authority when that member	8187
is absent or unable for any reason to attend and that designee,	8188
when present, shall be counted in determining whether a quorum is	8189
present at any meeting and may vote and participate in all	8190
proceedings and actions of the authority. A designee may not	8191
execute or cause a facsimile signature to be placed on any	8192
obligation. That designation shall be in writing, executed by the	8193
designating member, and be filed with the secretary of the	8194
authority. A designation may be changed from time to time by a	8195
similar written designation. The authority may delegate to such of	8196
its members, officers, employees, or staff as it determines those	8197
powers and duties as it deems appropriate. No member of the	8198
authority or designee shall, by reason of being or serving as a	8199
member of the authority, be required to abstain from action in any	8200
other capacity as an incumbent of a state office or position or	8201
from any action as a member of the authority in any matter	8202
affecting or in any way pertaining to both that office or position	8203
and the authority, or for any purpose be deemed to be disqualified	8204
from either such office or position or as a member of the	8205
authority by reason of so acting or to have violated any law by	8206
reason thereof. The authority may adopt and alter bylaws and rules	8207
for the conduct of its affairs, including provisions for meetings,	8208
and for the manner in which its powers and functions are to be	8209
exercised and embodied, and may adopt and alter at will an	8210
official seal to be affixed to official documents, provided that	8211
the failure to affix any such seal shall not affect the legality	8212
of such documents. Members of the authority shall receive no added	8213
compensation for their services as such members but may be	8214
reimbursed, as determined by the authority, for their necessary	8215
and actual expenses incurred in the conduct of the authority's	8216
business. The office of budget and management shall provide staff	8217
support to the authority.	8218

Notwithstanding the existence of common management, the	8219
authority shall be treated and accounted for as a separate and	8220
independent legal entity with its separate purposes as set forth	8221
in this section and section 183.51 of the Revised Code. The	8222
assets, liabilities, and funds of the authority shall not be	8223
consolidated or commingled with those of the state, and contracts	8224
entered into by the authority shall be entered into in the name of	8225
the authority and not in the name of the state.	8226

The authority shall prepare annually an operating and	8227
financial statement covering the authority's operations for the	8228
preceding fiscal year.	8229

(C) In connection with the exercise of its powers pursuant to	8230
this section and section 183.51 of the Revised Code, the authority	8231
may enter into contracts and execute all instruments necessary or	8232
incidental to the performance of the issuing authority's duties	8233
and the execution of the issuing authority's powers and do all	8234
other acts necessary or proper to the fulfillment of the issuing	8235
authority's purposes and to carry out the powers expressly granted	8236
in this section and section 183.51 of the Revised Code. The	8237
authority is subject to sections 121.22 and 149.43 of the Revised	8238
Code.	8239

(D) Unless otherwise provided in Article IV of the Ohio	8240
Constitution, any action, suit, or special proceeding brought	8241
against the issuing authority or the state concerning or relating	8242
to the bond proceedings, section 183.51 of the Revised Code, or	8243
this section, shall be filed and determined in the court of claims	8244
under Chapter 2743. of the Revised Code. Any special proceeding	8245
brought against the issuing authority or the state in which the	8246
court of appeals has original jurisdiction shall be filed and	8247
determined in the court of appeals of Franklin county. Any such	8248
action or proceeding to which the issuing authority or the state	8249
is a party shall be preferred over all other civil causes of	8250
action or cases, except election causes of action or cases,	8251
irrespective of position on the calendar.	8252

Sec. 305.31. The procedure for submitting to a referendum a	8253
resolution adopted by a board of county commissioners under	8254
division (H) of section 307.695 of the Revised Code that is not	8255
submitted to the electors of the county for their approval or	8256
disapproval; any resolution adopted by a board of county	8257
commissioners pursuant to division (D)(1) of section 307.697,	8258
section 322.02, 322.06, or 324.02, sections 1515.22 and 1515.24,	8259
division (B)(1) of section 4301.421, section 4504.02, 5739.021, or	8260
5739.026, division (A)(6) of section 5739.09, section 5741.021, or	8261
5741.023, or division (C)(1) of section 5743.024 of the Revised	8262
Code; or a rule adopted pursuant to section 307.79 of the Revised	8263
Code shall be as prescribed by this section.	8264

Except as otherwise provided in this paragraph, when a	8265
petition, signed by ten per cent of the number of electors who	8266
voted for governor at the most recent general election for the	8267
office of governor in the county, is filed with the county auditor	8268
within thirty days after the date the resolution is passed or rule	8269
is adopted by the board of county commissioners, or is filed	8270
within forty-five days after the resolution is passed, in the case	8271
of a resolution adopted pursuant to section 5739.021 of the	8272
Revised Code that is passed within one year after a resolution	8273
adopted pursuant to that section has been rejected or repealed by	8274
the electors, requesting that the resolution be submitted to the	8275
electors of the county for their approval or rejection, the county	8276
auditor shall, after ten days following the filing of the	8277
petition, and not later than four p.m. of the seventy-fifth day	8278
before the day of election, transmit a certified copy of the text	8279
of the resolution or rule to the board of elections. In the case	8280
of a petition requesting that a resolution adopted under division	8281
(D)(1) of section 307.697, division (B)(1) of section 4301.421, or	8282
division (C)(1) of section 5743.024 of the Revised Code be	8283
submitted to electors for their approval or rejection, the	8284
petition shall be signed by seven per cent of the number of	8285
electors who voted for governor at the most recent election for	8286
the office of governor in the county. The county auditor shall	8287
transmit the petition to the board together with the certified	8288
copy of the resolution or rule. The board shall examine all	8289
signatures on the petition to determine the number of electors of	8290
the county who signed the petition. The board shall return the	8291
petition to the auditor within ten days after receiving it,	8292
together with a statement attesting to the number of such electors	8293
who signed the petition. The board shall submit the resolution or	8294
rule to the electors of the county, for their approval or	8295
rejection, at the succeeding general election held in the county	8296
in any year, or on the day of the succeeding primary election held	8297
in the county in even-numbered years, occurring subsequent to	8298
seventy-five days after the auditor certifies the sufficiency and	8299
validity of the petition to the board of elections.	8300

No resolution shall go into effect until approved by the	8301
majority of those voting upon it. However, a rule shall take	8302
effect and remain in effect unless and until a majority of the	8303
electors voting on the question of repeal approve the repeal.	8304
Sections 305.31 to 305.41 of the Revised Code do not prevent a	8305
county, after the passage of any resolution or adoption of any	8306
rule, from proceeding at once to give any notice or make any	8307
publication required by the resolution or rule.	8308

The board of county commissioners shall make available to any	8309
person, upon request, a certified copy of any resolution or rule	8310
subject to the procedure for submitting a referendum under	8311
sections 305.31 to 305.42 of the Revised Code beginning on the	8312
date the resolution or rule is adopted by the board. The board may	8313
charge a fee for the cost of copying the resolution or rule.	8314

As used in this section, "certified copy" means a copy	8315
containing a written statement attesting that it is a true and	8316
exact reproduction of the original resolution or rule.	8317

Sec. 307.672. (A) As used in this section:

8318

(1) "Bonds" means general obligation bonds, or notes in	8319
anticipation thereof, of the county described in division	8320
(B)(1)(b) of this section, and general obligation bonds, or notes	8321
in anticipation thereof, of the host municipal corporation	8322
described in division (B)(2)(a) of this section.	8323

(2) "Corporation" means a nonprofit corporation that is	8324
organized under the laws of this state and that includes within	8325
the purposes for which it is incorporated the authorization to	8326
lease and operate facilities such as a municipal educational and	8327
cultural facility.	8328

(3) "Debt service charges" means, for any period or payable	8329
at any time, the principal of and interest and any premium due on	8330
bonds for that period or payable at that time whether due at	8331
maturity or upon mandatory redemption, together with any required	8332
deposits to reserves for the payment of principal of and interest	8333
on such bonds.	8334

(4) "Host municipal corporation" means the municipal	8335
corporation within the boundaries of which a municipal educational	8336
and cultural facility is or will be located.	8337

(5) "Municipal educational and cultural facility" means a	8338
facility that may consist of a museum, archives, library, hall of	8339
fame, center for contemporary music, or other facilities necessary	8340
to provide programs of an educational, recreational, and cultural	8341
nature, together with all parking facilities, walkways, and other	8342
auxiliary facilities, real and personal property, property rights,	8343
easements, and interests that may be appropriate for, or used in	8344
connection with, the operation of the facility.	8345

(B) The legislative authorities of a county and a host	8346
municipal corporation may enter into a cooperative agreement with	8347
a corporation, under which:	8348

(1) The legislative authority of the county agrees to:

8349

(a) Levy a tax under division (E) of section 5739.09 of the	8350
Revised Code, for a period not to exceed fifteen years unless	8351
extended under that division for an additional period of time, to	8352
pay the costs of acquiring, constructing, equipping, and improving	8353
a municipal educational and cultural facility, including the debt	8354
service charges on bonds;	8355

(b) Issue bonds of the county pursuant to Chapter 133. of the	8356
Revised Code for the purpose of acquiring, constructing,	8357
equipping, and improving a municipal educational and cultural	8358
facility;	8359

(c) Contribute revenue from the tax and the proceeds from the	8360
bonds described in divisions (B)(1)(a) and (b) of this section to	8361
the host municipal corporation for the purpose of acquiring,	8362
constructing, equipping, and improving a municipal educational and	8363
cultural facility;	8364

(2) The host municipal corporation agrees to:

8365

(a) Issue bonds of the host municipal corporation pursuant to	8366
Chapter 133. of the Revised Code for the purpose of acquiring,	8367
constructing, equipping, and improving a municipal educational and	8368
cultural facility;	8369

(b) Acquire, construct, equip, and improve a municipal	8370
educational and cultural facility;	8371

(c) Accept from the county pursuant to the cooperative	8372
agreement the revenues of the tax and the proceeds of the bonds	8373
described in divisions (B)(1)(a) and (b) of this section;	8374

(d) Lease a municipal educational and cultural facility to	8375
the corporation, or contract with the corporation for the	8376
operation and maintenance of the facility;	8377

(e) To the extent provided for in the cooperative agreement	8378
or the lease or contract with the corporation, authorize the	8379
corporation to administer on behalf of the host municipal	8380
corporation the contracts for acquiring, constructing, equipping,	8381
and improving a municipal educational and cultural facility.	8382

(3) The corporation agrees to:

8383

(a) Either lease the municipal educational and cultural	8384
facility from the host municipal corporation and operate and	8385
maintain the facility pursuant to the lease, or enter into a	8386
contract with the host municipal corporation pursuant to which the	8387
corporation shall operate and maintain the facility on behalf of	8388
the host municipal corporation;	8389

(b) To the extent provided for in the cooperative agreement	8390
or the lease or contract with the host municipal corporation,	8391
administer on behalf of the host municipal corporation the	8392
contracts for acquiring, constructing, equipping, or improving a	8393
municipal educational and cultural facility.	8394

(C) A tax levied pursuant to division (E) of section 5739.09	8395
of the Revised Code, the revenue from which is to be used to pay	8396
debt service charges on bonds described in division (B)(1) or (2)	8397
of this section is not subject to diminution by initiative or	8398
referendum or diminution by statute, unless provision is made	8399
therein for an adequate substitute therefor reasonably	8400
satisfactory to the legislative authorities of the host municipal	8401
corporation and the county.	8402

(D) The legislative authorities of a county and a host	8403
municipal corporation that have entered into a cooperative	8404
agreement with a corporation pursuant to division (B) of this	8405
section may amend that cooperative agreement, with the	8406
participation of the corporation and a port authority as defined	8407
in section 307.674 of the Revised Code, to provide also for a port	8408
authority educational and cultural performing arts facility in	8409
accordance with section 307.674 of the Revised Code. Such an	8410
amendment shall become effective only to the extent that the tax	8411
levied under division (E) of section 5739.09 of the Revised Code	8412
is not needed for the duration of the original tax to pay costs of	8413
the municipal educational and cultural facility, including debt	8414
service charges on related bonds, as determined by the parties to	8415
the amendment. The tax may be pledged and paid by the parties to	8416
the amendment for the balance of the duration of the tax to a port	8417
authority educational and cultural performing arts facility.	8418

Sec. 307.695. (A) As used in this section:

8419

(1) "Arena" means any structure designed and constructed for	8420
the purpose of providing a venue for public entertainment and	8421
recreation by the presentation of concerts, sporting and athletic	8422
events, and other events and exhibitions, including facilities	8423
intended to house or provide a site for one or more athletic or	8424
sports teams or activities, spectator facilities, parking	8425
facilities, walkways, and auxiliary facilities, real and personal	8426
property, property rights, easements, leasehold estates, and	8427
interests that may be appropriate for, or used in connection with,	8428
the operation of the arena.	8429

(2) "Convention center" means any structure expressly	8430
designed and constructed for the purposes of presenting	8431
conventions, public meetings, and exhibitions and includes parking	8432
facilities that serve the center and any personal property used in	8433
connection with any such structure or facilities.	8434

(3) "Eligible county" means a county having a population of	8435
at least four hundred thousand but not more than eight hundred	8436
thousand according to the 2000 federal decennial census and that	8437
directly borders the geographic boundaries of another state.	8438

(4) "Entity" means a nonprofit corporation, a municipal	8439
corporation, a port authority created under Chapter 4582. of the	8440
Revised Code, or a convention facilities authority created under	8441
Chapter 351. of the Revised Code.	8442

(5) "Lodging taxes" means excise taxes levied under division	8443
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and	8444
the revenues arising therefrom.	8445

(6) "Nonprofit corporation" means a nonprofit corporation	8446
that is organized under the laws of this state and that includes	8447
within the purposes for which it is incorporated the authorization	8448
to lease and operate facilities such as a convention center or an	8449
arena or a combination of an arena and convention center.	8450

(7) "Project" means acquiring, constructing, reconstructing,	8451
renovating, rehabilitating, expanding, adding to, equipping,	8452
furnishing or otherwise improving an arena, a convention center,	8453
or a combination of an arena and convention center. For purposes	8454
of this section, a project is a permanent improvement for one	8455
purpose under Chapter 133. of the Revised Code.	8456

(8) "Project revenues" means money received by ~~an eligible~~a	8457
county with a population greater than four hundred thousand but	8458
less than five hundred thousand, other than money from taxes or	8459
from the proceeds of securities secured by taxes, in connection	8460
with, derived from, related to, or resulting from a project,	8461
including, but not limited to, rentals and other payments received	8462
under a lease or agreement with respect to the project, ticket	8463
charges or surcharges for admission to events at a project,	8464
charges or surcharges for parking for events at a project, charges	8465
for the use of a project or any portion of a project, including	8466
suites and seating rights, the sale of naming rights for the	8467
project or a portion of the project, unexpended proceeds of any	8468
county revenue bonds issued for the project, and any income and	8469
profit from the investment of the proceeds of any such revenue	8470
bonds or any project revenues.	8471

(9) "Chapter 133. securities," "debt charges," "general	8472
obligation," "legislation," "one purpose," "outstanding,"	8473
"permanent improvement," "person," and "securities" have the	8474
meanings given to those terms in section 133.01 of the Revised	8475
Code.	8476

(B) A board of county commissioners may enter into an	8477
agreement with a convention and visitors' bureau operating in the	8478
county under which:	8479

(1) The bureau agrees to construct and equip a convention	8480
center in the county and to pledge and contribute from the tax	8481
revenues received by it under division (A) of section 5739.09 of	8482
the Revised Code, not more than such portion thereof that it is	8483
authorized to pledge and contribute for the purpose described in	8484
division (C) of this section; and	8485

(2) The board agrees to levy a tax under division (C) of	8486
section 5739.09 of the Revised Code and pledge and contribute the	8487
revenues therefrom for the purpose described in division (C) of	8488
this section.	8489

(C) The purpose of the pledges and contributions described in	8490
divisions (B)(1) and (2) of this section is payment of principal,	8491
interest, and premium, if any, on bonds and notes issued by or for	8492
the benefit of the bureau to finance the construction and	8493
equipping of a convention center. The pledges and contributions	8494
provided for in the agreement shall be for the period stated in	8495
the agreement. Revenues determined from time to time by the board	8496
to be needed to cover the real and actual costs of administering	8497
the tax imposed by division (C) of section 5739.09 of the Revised	8498
Code may not be pledged or contributed. The agreement shall	8499
provide that any such bonds and notes shall be secured by a trust	8500
agreement between the bureau or other issuer acting for the	8501
benefit of the bureau and a corporate trustee that is a trust	8502
company or bank having the powers of a trust company within or	8503
without the state, and the trust agreement shall pledge or assign	8504
to the retirement of the bonds or notes, all moneys paid by the	8505
county under this section. A tax the revenues from which are	8506
pledged under an agreement entered into by a board of county	8507
commissioners under this section shall not be subject to	8508
diminution by initiative or referendum, or diminution by statute,	8509
unless provision is made therein for an adequate substitute	8510
therefor reasonably satisfactory to the trustee under the trust	8511
agreement that secures the bonds and notes.	8512

(D) A pledge of money by a county under division (B) of this	8513
section shall not be indebtedness of the county for purposes of	8514
Chapter 133. of the Revised Code.	8515

(E) If the terms of the agreement so provide, the board of	8516
county commissioners may acquire and lease real property to the	8517
convention bureau as the site of the convention center. The lease	8518
shall be on such terms as are set forth in the agreement. The	8519
purchase and lease are not subject to the limitations of sections	8520
307.02 and 307.09 of the Revised Code.	8521

(F) In addition to the authority granted to a board of county	8522
commissioners under divisions (B) to (E) of this section, a board	8523
of county commissioners in a county with a population of one	8524
million two hundred thousand or more ~~may establish and provide~~	8525
~~local funding options for constructing and equipping~~, or a county	8526
with a population greater than four hundred thousand but less than	8527
five hundred thousand, may purchase, for cash or by installment	8528
payments, enter into lease-purchase agreements for, lease with an	8529
option to purchase, lease, construct, enlarge, improve, rebuild,	8530
equip, or furnish a convention center.	8531

(G) The board of county commissioners of ~~an eligible~~a county	8532
with a population greater than four hundred thousand but less than	8533
five hundred thousand may undertake, finance, operate, and	8534
maintain a project. The board may lease a project to an entity on	8535
terms that the board determines to be in the best interest of the	8536
county and in furtherance of the public purpose of the project;	8537
the lease may be for a term of thirty-five years or less and may	8538
provide for an option of the entity to renew the lease for a term	8539
of thirty-five years or less. The board may enter into an	8540
agreement with an entity with respect to a project on terms that	8541
the board determines to be in the best interest of the county and	8542
in furtherance of the public purpose of the project. To the extent	8543
provided for in an agreement or a lease with an entity, the board	8544
may authorize the entity to administer on behalf of the board any	8545
contracts for the project. The board may enter into an agreement	8546
providing for the sale to a person of naming rights to a project	8547
or portion of a project, for a period, for consideration, and on	8548
other terms and conditions that the board determines to be in the	8549
best interest of the county and in furtherance of the public	8550
purpose of the project. The board may enter into an agreement with	8551
a person owning or operating a professional athletic or sports	8552
team providing for the use by that person of a project or portion	8553
of a project for that team's offices, training, practices, and	8554
home games for a period, for consideration, and on other terms and	8555
conditions that the board determines to be in the best interest of	8556
the county and in furtherance of the public purpose of the	8557
project. The board may establish ticket charges or surcharges for	8558
admission to events at a project, charges or surcharges for	8559
parking for events at a project, and charges for the use of a	8560
project or any portion of a project, including suites and seating	8561
rights, and may, as necessary, enter into agreements related	8562
thereto with persons for a period, for consideration, and on other	8563
terms and conditions that the board determines to be in the best	8564
interest of the county and in furtherance of the public purpose of	8565
the project. A lease or agreement authorized by this division is	8566
not subject to sections 307.02, 307.09, and 307.12 of the Revised	8567
Code.	8568

(H) Notwithstanding any contrary provision in Chapter 5739.	8569
of the Revised Code, after adopting a resolution declaring it to	8570
be in the best interest of the county to undertake a project as	8571
described in division (G) of this section, the board of county	8572
commissioners of an eligible county may adopt a resolution	8573
enacting or increasing any lodging taxes within the limits	8574
specified in Chapter 5739. of the Revised Code with respect to	8575
those lodging taxes and amending any prior resolution under which	8576
any of its lodging taxes have been imposed in order to provide	8577
that those taxes, after deducting the real and actual costs of	8578
administering the taxes and any portion of the taxes returned to	8579
any municipal corporation or township as provided in division	8580
(A)(1) of section 5739.09 of the Revised Code, shall be used by	8581
the board for the purposes of undertaking, financing, operating,	8582
and maintaining the project, including paying debt charges on any	8583
securities issued by the board under division (I) of this section,	8584
or to make contributions to the convention and visitors' bureau	8585
operating within the county, or to promote, advertise, and market	8586
the region in which the county is located, all as the board may	8587
determine and make appropriations for from time to time, subject	8588
to the terms of any pledge to the payment of debt charges on	8589
outstanding general obligation securities or special obligation	8590
securities authorized under division (I) of this section. A	8591
resolution adopted under division (H) of this section shall be	8592
adopted not earlier than January 15, 2007, and not later than	8593
January 15, 2008.	8594

A resolution adopted under division (H) of this section may	8595
direct the board of elections to submit the question of enacting	8596
or increasing lodging taxes, as the case may be, to the electors	8597
of the county at a special election held on the date specified by	8598
the board in the resolution, provided that the election occurs not	8599
less than seventy-five days after a certified copy of the	8600
resolution is transmitted to the board of elections and no later	8601
than January 15, 2008. A resolution submitted to the electors	8602
under this division shall not go into effect unless it is approved	8603
by a majority of those voting upon it. A resolution adopted under	8604
division (H) of this section that is not submitted to the electors	8605
of the county for their approval or disapproval is subject to a	8606
referendum as provided in sections 305.31 to 305.41 of the Revised	8607
Code.	8608

A resolution adopted under division (H) of this section takes	8609
effect upon its adoption, unless the resolution is submitted to	8610
the electors of the county for their approval or disapproval, in	8611
which case the resolution takes effect on the date the board of	8612
county commissioners receives notification from the board of	8613
elections of the affirmative vote. Lodging taxes received after	8614
the effective date of the resolution may be used for the purposes	8615
described in division (H) of this section, except that lodging	8616
taxes that have been pledged to the payment of debt charges on any	8617
bonds or notes issued by or for the benefit of a convention and	8618
visitors' bureau under division (C) of this section shall be used	8619
exclusively for that purpose until such time as the bonds or notes	8620
are no longer outstanding under the trust agreement securing those	8621
bonds or notes.	8622

(I)(1) The board of county commissioners of ~~an eligible~~a	8623
county with a population greater than four hundred thousand but	8624
less than five hundred thousand may issue the following securities	8625
of the county for the purpose of paying costs of the project,	8626
refunding any outstanding county securities issued for that	8627
purpose, refunding any outstanding bonds or notes issued by or for	8628
the benefit of the bureau under division (C) of this section, or	8629
for any combination of those purposes:	8630

(a) General obligation securities issued under Chapter 133.	8631
of the Revised Code. The resolution authorizing these securities	8632
may include covenants to appropriate annually from lawfully	8633
available lodging taxes, and to continue to levy and collect those	8634
lodging taxes in, amounts necessary to meet the debt charges on	8635
those securities.	8636

(b) Special obligation securities issued under Chapter 133.	8637
of the Revised Code that are secured only by lawfully available	8638
lodging taxes and any other taxes and revenues pledged to pay the	8639
debt charges on those securities, except ad valorem property	8640
taxes. The resolution authorizing those securities shall include a	8641
pledge of and covenants to appropriate annually from lawfully	8642
available lodging taxes and any other taxes and revenues pledged	8643
for such purpose, and to continue to collect any of those revenues	8644
pledged for such purpose and to levy and collect those lodging	8645
taxes and any other taxes pledged for such purpose, in amounts	8646
necessary to meet the debt charges on those securities. The pledge	8647
is valid and binding from the time the pledge is made, and the	8648
lodging taxes so pledged and thereafter received by the county are	8649
immediately subject to the lien of the pledge without any physical	8650
delivery of the lodging taxes or further act. The lien of any	8651
pledge is valid and binding as against all parties having claims	8652
of any kind in tort, contract, or otherwise against the county,	8653
regardless of whether such parties have notice of the lien.	8654
Neither the resolution nor any trust agreement by which a pledge	8655
is created or further evidenced is required to be filed or	8656
recorded except in the records of the board. The special	8657
obligation securities shall contain a statement on their face to	8658
the effect that they are not general obligation securities, and,	8659
unless paid from other sources, are payable from the pledged	8660
lodging taxes.	8661

(c) Revenue securities authorized under section 133.08 of the	8662
Revised Code and issued under Chapter 133. of the Revised Code	8663
that are secured only by lawfully available project revenues	8664
pledged to pay the debt charges on those securities.	8665

(2) The securities described in division (I)(1) of this	8666
section are subject to Chapter 133. of the Revised Code.	8667

(3) Section 133.34 of the Revised Code, except for division	8668
(A) of that section, applies to the issuance of any refunding	8669
securities authorized under this division. In lieu of division (A)	8670
of section 133.34 of the Revised Code, the board of county	8671
commissioners shall establish the maturity date or dates, the	8672
interest payable on, and other terms of refunding securities as it	8673
considers necessary or appropriate for their issuance, provided	8674
that the final maturity of refunding securities shall not exceed	8675
by more than ten years the final maturity of any bonds refunded by	8676
refunding securities.	8677

(4) The board may not repeal, rescind, or reduce all or any	8678
portion of any lodging taxes pledged to the payment of debt	8679
charges on any outstanding special obligation securities	8680
authorized under this division, and no portion of any lodging	8681
taxes that is pledged, or that the board has covenanted to levy,	8682
collect, and appropriate annually to pay debt charges on any	8683
outstanding securities authorized under this division is subject	8684
to repeal, rescission, or reduction by the electorate of the	8685
county.	8686

Sec. 307.98. ~~Boards~~As used in this section, "county	8687
grantee" has the same meaning as in section 5101.21 of the Revised	8688
Code.	8689

Each board of county commissioners ~~may~~and each other county	8690
grantee of the county shall jointly enter into one or more written	8691
~~fiscal~~grant agreements with the director of job and family	8692
services in accordance with section 5101.21 of the Revised Code.	8693
~~If a board enters into a fiscal agreement, the~~The board of county	8694
commissioners shall enter into the agreement on behalf of the	8695
county family services agencies, other than a county family	8696
services agency that is a county ~~signer as defined in section~~	8697
~~5101.21 of the Revised Code~~grantee.	8698

Sec. 307.981. (A)(1) As used in the Revised Code:

8699

(a) "County family services agency" means all of the	8700
following:	8701

(i) A child support enforcement agency;

8702

(ii) A county department of job and family services;

8703

(iii) A public children services agency.

8704

(b) "Family services duty" means a duty state law requires or	8705
allows a county family services agency to assume, including	8706
financial and general administrative duties. "Family services	8707
duty" does not include a duty funded by the United States	8708
department of labor.	8709

(2) As used in sections 307.981 to 307.989 of the Revised	8710
Code, "private entity" means an entity other than a government	8711
entity.	8712

(B) To the extent permitted by federal law, including, when	8713
applicable, subpart F of 5 C.F.R. part 900, and subject to any	8714
limitations established by the Revised Code, including division	8715
(H) of this section, a board of county commissioners may designate	8716
any private or government entity within this state to serve as any	8717
of the following:	8718

(1) A child support enforcement agency;

8719

(2) A county department of job and family services;

8720

(3) A public children services agency;

8721

(4) A county department of job and family services and one	8722
other of those county family services agencies;	8723

(5) All three of those county family services agencies.

8724

(C) To the extent permitted by federal law, including, when	8725
applicable, subpart F of 5 C.F.R. part 900, and subject to any	8726
limitations of the Revised Code, including division (H) of this	8727
section, a board of county commissioners may change the	8728
designation it makes under division (B) of this section by	8729
designating another private or government entity.	8730

(D) If a designation under division (B) or (C) of this	8731
section constitutes a change from the designation in a ~~fiscal~~	8732
grant agreement between the director of job and family services	8733
and the board under sections 307.98 and 5101.21 of the Revised	8734
Code, the director may require that the director and board amend	8735
the ~~fiscal~~grant agreement and that the board provide the director	8736
written assurances that the newly designated private or government	8737
entity will meet or exceed all requirements of the family services	8738
duties the entity is to assume.	8739

(E) Not less than sixty days before a board of county	8740
commissioners designates an entity under division (B) or (C) of	8741
this section, the board shall notify the director of job and	8742
family services and publish notice in a newspaper of general	8743
circulation in the county of the board's intention to make the	8744
designation and reasons for the designation.	8745

(F) A board of county commissioners shall enter into a	8746
written contract with each entity it designates under division (B)	8747
or (C) of this section specifying the entity's responsibilities	8748
and standards the entity is required to meet.	8749

(G) This section does not require a board of county	8750
commissioners to abolish the child support enforcement agency,	8751
county department of job and family services, or public children	8752
services agency serving the county on October 1, 1997, and	8753
designate a different private or government entity to serve as the	8754
county's child support enforcement agency, county department of	8755
job and family services, or public children services agency.	8756

(H) If a county children services board appointed under	8757
section 5153.03 of the Revised Code serves as a public children	8758
services agency for a county, the board of county commissioners	8759
may not redesignate the public children services agency unless the	8760
board of county commissioners does all of the following:	8761

(1) Notifies the county children services board of its intent	8762
to redesignate the public children services agency. In its	8763
notification, the board of county commissioners shall provide the	8764
county children services board a written explanation of the	8765
administrative, fiscal, or performance considerations causing the	8766
board of county commissioners to seek to redesignate the public	8767
children services agency.	8768

(2) Provides the county children services board an	8769
opportunity to comment on the proposed redesignation before the	8770
redesignation occurs;	8771

(3) If the county children services board, not more than	8772
sixty days after receiving the notice under division (H)(1) of	8773
this section, notifies the board of county commissioners that the	8774
county children services board has voted to oppose the	8775
redesignation, votes unanimously to proceed with the	8776
redesignation.	8777

Sec. 308.04. Within sixty days after a regional airport	8778
authority has been created under section 308.03 of the Revised	8779
Code, the board of trustees for such regional airport authority	8780
shall be appointed as provided in the resolution creating it.	8781

Each member of the board of trustees, before entering upon	8782
~~his~~the member's official duties, shall take and subscribe to an	8783
oath or affirmation that hethe member will honestly, faithfully,	8784
and impartially perform the duties of ~~his~~ office, and that hethe	8785
member will not be interested directly or indirectly in any	8786
contract let by the regional airport authority. Any contract let	8787
by the regional airport authority in which a member of the board	8788
of trustees is directly or indirectly interested is void and	8789
unenforceable.	8790

After each member of the board has taken the oath as	8791
prescribed by this section the board shall meet and organize by	8792
electing one of its members as president and another as	8793
vice-president, who shall hold their respective offices until the	8794
next annual meeting of the board as provided in its bylaws. At	8795
each annual meeting thereafter the board shall elect from its	8796
membership a president and a vice-president who shall serve for a	8797
term of one year.	8798

The board shall appoint and fix the compensation of a	8799
secretary-treasurer, who shall not be a member of the board and	8800
who shall serve at the pleasure of the board.	8801

Sec. 317.08. (A) Except as provided in divisions (C) and (D)	8802
of this section, the county recorder shall keep six separate sets	8803
of records as follows:	8804

(1) A record of deeds, in which shall be recorded all deeds	8805
and other instruments of writing for the absolute and	8806
unconditional sale or conveyance of lands, tenements, and	8807
hereditaments; all notices as provided in sections 5301.47 to	8808
5301.56 of the Revised Code; all judgments or decrees in actions	8809
brought under section 5303.01 of the Revised Code; all	8810
declarations and bylaws, and all amendments to declarations and	8811
bylaws, as provided in Chapter 5311. of the Revised Code;	8812
affidavits as provided in sections 5301.252 and 5301.56 of the	8813
Revised Code; all certificates as provided in section 5311.17 of	8814
the Revised Code; all articles dedicating archaeological preserves	8815
accepted by the director of the Ohio historical society under	8816
section 149.52 of the Revised Code; all articles dedicating nature	8817
preserves accepted by the director of natural resources under	8818
section 1517.05 of the Revised Code; all agreements for the	8819
registration of lands as archaeological or historic landmarks	8820
under section 149.51 or 149.55 of the Revised Code; all	8821
conveyances of conservation easements and agricultural easements	8822
under section 5301.68 of the Revised Code; all instruments	8823
extinguishing agricultural easements under section 901.21 or	8824
5301.691 of the Revised Code or pursuant to terms of such an	8825
easement granted to a charitable organization under section	8826
5301.68 of the Revised Code; all instruments or orders described	8827
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	8828
no further action letters issued under section 122.654 or 3746.11	8829
of the Revised Code; all covenants not to sue issued under section	8830
3746.12 of the Revised Code, including all covenants not to sue	8831
issued pursuant to section 122.654 of the Revised Code; any	8832
restrictions on the use of property contained in a no further	8833
action letter issued under section 122.654 of the Revised Code,	8834
any restrictions on the use of property identified pursuant to	8835
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	8836
restrictions on the use of property contained in a deed or other	8837
instrument as provided in division (E) or (F) of section 3737.882	8838
of the Revised Code; any easement executed or granted under	8839
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	8840
any environmental covenant entered into in accordance with	8841
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	8842
trust, as described in division (A) of section 5301.255 of the	8843
Revised Code, that describe specific real property; and all	8844
agreements entered into under division (A) of section ~~1521.26~~	8845
1506.44 of the Revised Code;	8846

(2) A record of mortgages, in which shall be recorded all of	8847
the following:	8848

(a) All mortgages, including amendments, supplements,	8849
modifications, and extensions of mortgages, or other instruments	8850
of writing by which lands, tenements, or hereditaments are or may	8851
be mortgaged or otherwise conditionally sold, conveyed, affected,	8852
or encumbered;	8853

(b) All executory installment contracts for the sale of land	8854
executed after September 29, 1961, that by their terms are not	8855
required to be fully performed by one or more of the parties to	8856
them within one year of the date of the contracts;	8857

(c) All options to purchase real estate, including	8858
supplements, modifications, and amendments of the options, but no	8859
option of that nature shall be recorded if it does not state a	8860
specific day and year of expiration of its validity;	8861

(d) Any tax certificate sold under section 5721.33 of the	8862
Revised Code, or memorandum of it, that is presented for filing of	8863
record.	8864

(3) A record of powers of attorney, including all memoranda	8865
of trust, as described in division (A) of section 5301.255 of the	8866
Revised Code, that do not describe specific real property;	8867

(4) A record of plats, in which shall be recorded all plats	8868
and maps of town lots, of the subdivision of town lots, and of	8869
other divisions or surveys of lands, any center line survey of a	8870
highway located within the county, the plat of which shall be	8871
furnished by the director of transportation or county engineer,	8872
and all drawings and amendments to drawings, as provided in	8873
Chapter 5311. of the Revised Code;	8874

(5) A record of leases, in which shall be recorded all	8875
leases, memoranda of leases, and supplements, modifications, and	8876
amendments of leases and memoranda of leases;	8877

(6) A record of declarations executed pursuant to section	8878
2133.02 of the Revised Code and durable powers of attorney for	8879
health care executed pursuant to section 1337.12 of the Revised	8880
Code.	8881

(B) All instruments or memoranda of instruments entitled to	8882
record shall be recorded in the proper record in the order in	8883
which they are presented for record. The recorder may index, keep,	8884
and record in one volume unemployment compensation liens, internal	8885
revenue tax liens and other liens in favor of the United States as	8886
described in division (A) of section 317.09 of the Revised Code,	8887
personal tax liens, mechanic's liens, agricultural product liens,	8888
notices of liens, certificates of satisfaction or partial release	8889
of estate tax liens, discharges of recognizances, excise and	8890
franchise tax liens on corporations, broker's liens, and liens	8891
provided for in sections 1513.33, 1513.37, 3752.13, 5111.022, and	8892
5311.18 of the Revised Code.	8893

The recording of an option to purchase real estate, including	8894
any supplement, modification, and amendment of the option, under	8895
this section shall serve as notice to any purchaser of an interest	8896
in the real estate covered by the option only during the period of	8897
the validity of the option as stated in the option.	8898

(C) In lieu of keeping the six separate sets of records	8899
required in divisions (A)(1) to (6) of this section and the	8900
records required in division (D) of this section, a county	8901
recorder may record all the instruments required to be recorded by	8902
this section in two separate sets of record books. One set shall	8903
be called the "official records" and shall contain the instruments	8904
listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this	8905
section. The second set of records shall contain the instruments	8906
listed in division (A)(4) of this section.	8907

(D) Except as provided in division (C) of this section, the	8908
county recorder shall keep a separate set of records containing	8909
all corrupt activity lien notices filed with the recorder pursuant	8910
to section 2923.36 of the Revised Code and a separate set of	8911
records containing all medicaid fraud lien notices filed with the	8912
recorder pursuant to section 2933.75 of the Revised Code.	8913

Sec. 319.202. Before the county auditor indorses any real	8914
property conveyance or manufactured or mobile home conveyance	8915
presented to the auditor pursuant to section 319.20 of the Revised	8916
Code or registers any manufactured or mobile home conveyance	8917
pursuant to section 4503.061 of the Revised Code, the grantee or	8918
the grantee's representative shall submit in triplicate a	8919
statement, prescribed by the tax commissioner, and other	8920
information as the county auditor may require, declaring the value	8921
of real property or manufactured or mobile home conveyed, except	8922
that when the transfer is exempt under division ~~(F)~~(G)(3) of	8923
section 319.54 of the Revised Code only a statement of the reason	8924
for the exemption shall be required. Each statement submitted	8925
under this section shall contain the information required under	8926
divisions (A) and (B) of this section.	8927

(A) Each statement submitted under this section shall either:

8928

(1) Contain an affirmation by the grantee that the grantor	8929
has been asked by the grantee or the grantee's representative	8930
whether to the best of the grantor's knowledge either the	8931
preceding or the current year's taxes on the real property or the	8932
current or following year's taxes on the manufactured or mobile	8933
home conveyed will be reduced under division (A) of section	8934
323.152 or under section 4503.065 of the Revised Code and that the	8935
grantor indicated that to the best of the grantor's knowledge the	8936
taxes will not be so reduced; or	8937

(2) Be accompanied by a sworn or affirmed instrument stating:

8938

(a) To the best of the grantor's knowledge the real property	8939
or the manufactured or mobile home that is the subject of the	8940
conveyance is eligible for and will receive a reduction in taxes	8941
for or payable in the current year under division (A) of section	8942
323.152 or under section 4503.065 of the Revised Code and that the	8943
reduction or reductions will be reflected in the grantee's taxes;	8944

(b) The estimated amount of such reductions that will be	8945
reflected in the grantee's taxes;	8946

(c) That the grantor and the grantee have considered and	8947
accounted for the total estimated amount of such reductions to the	8948
satisfaction of both the grantee and the grantor. The auditor	8949
shall indorse the instrument, return it to the grantee or the	8950
grantee's representative, and provide a copy of the indorsed	8951
instrument to the grantor or the grantor's representative.	8952

(B) Each statement submitted under this section shall either:

8953

(1) Contain an affirmation by the grantee that the grantor	8954
has been asked by the grantee or the grantee's representative	8955
whether to the best of the grantor's knowledge the real property	8956
conveyed qualified for the current agricultural use valuation	8957
under section 5713.30 of the Revised Code either for the preceding	8958
or the current year and that the grantor indicated that to the	8959
best of the grantor's knowledge the property conveyed was not so	8960
qualified; or	8961

(2) Be accompanied by a sworn or affirmed instrument stating:

8962

(a) To the best of the grantor's knowledge the real property	8963
conveyed was qualified for the current agricultural use valuation	8964
under section 5713.30 of the Revised Code either for the preceding	8965
or the current year;	8966

(b) To the extent that the property will not continue to	8967
qualify for the current agricultural use valuation either for the	8968
current or the succeeding year, that the property will be subject	8969
to a recoupment charge equal to the tax savings in accordance with	8970
section 5713.34 of the Revised Code;	8971

(c) That the grantor and the grantee have considered and	8972
accounted for the total estimated amount of such recoupment, if	8973
any, to the satisfaction of both the grantee and the grantor. The	8974
auditor shall indorse the instrument, forward it to the grantee or	8975
the grantee's representative, and provide a copy of the indorsed	8976
instrument to the grantor or the grantor's representative.	8977

(C) The grantor shall pay the fee required by division	8978
~~(F)~~(G)(3) of section 319.54 of the Revised Code; and, in the event	8979
the board of county commissioners of the county has levied a real	8980
property or a manufactured home transfer tax pursuant to Chapter	8981
322. of the Revised Code, the amount required by the real property	8982
or manufactured home transfer tax so levied. If the conveyance is	8983
exempt from the fee provided for in division ~~(F)~~(G)(3) of section	8984
319.54 of the Revised Code and the tax, if any, levied pursuant to	8985
Chapter 322. of the Revised Code, the reason for such exemption	8986
shall be shown on the statement. "Value" means, in the case of any	8987
deed or certificate of title not a gift in whole or part, the	8988
amount of the full consideration therefor, paid or to be paid for	8989
the real estate or manufactured or mobile home described in the	8990
deed or title, including the amount of any mortgage or vendor's	8991
lien thereon. If property sold under a land installment contract	8992
is conveyed by the seller under such contract to a third party and	8993
the contract has been of record at least twelve months prior to	8994
the date of conveyance, "value" means the unpaid balance owed to	8995
the seller under the contract at the time of the conveyance, but	8996
the statement shall set forth the amount paid under such contract	8997
prior to the date of conveyance. In the case of a gift in whole	8998
or part, "value" means the estimated price the real estate or	8999
manufactured or mobile home described in the deed or certificate	9000
of title would bring in the open market and under the then	9001
existing and prevailing market conditions in a sale between a	9002
willing seller and a willing buyer, both conversant with the	9003
property and with prevailing general price levels. No person shall	9004
willfully falsify the value of property conveyed.	9005

(D) The auditor shall indorse each conveyance on its face to	9006
indicate the amount of the conveyance fee and compliance with this	9007
section and if the property is residential rental property include	9008
a statement that the grantee shall file with the county auditor	9009
the information required under division (A) or (C) of section	9010
5323.02 of the Revised Code. The auditor shall retain the original	9011
copy of the statement of value, forward to the tax commissioner	9012
one copy on which shall be noted the most recent assessed value of	9013
the property, and furnish one copy to the grantee or the grantee's	9014
representative.	9015

(E) In order to achieve uniform administration and collection	9016
of the transfer fee required by division ~~(F)~~(G)(3) of section	9017
319.54 of the Revised Code, the tax commissioner shall adopt and	9018
promulgate rules for the administration and enforcement of the	9019
levy and collection of such fee.	9020

(F) As used in this section, "residential rental property"	9021
has the same meaning as in section 5323.01 of the Revised Code.	9022

Sec. 319.54. (A) On all moneys collected by the county	9023
treasurer on any tax duplicate of the county, other than estate	9024
tax duplicates, and on all moneys received as advance payments of	9025
personal property and classified property taxes, the county	9026
auditor, on settlement with the treasurer and tax commissioner, on	9027
or before the date prescribed by law for such settlement or any	9028
lawful extension of such date, shall be allowed as compensation	9029
for the county auditor's services the following percentages:	9030

(1) On the first one hundred thousand dollars, two and	9031
one-half per cent;	9032

(2) On the next two million dollars, eight thousand three	9033
hundred eighteen ten-thousandths of one per cent;	9034

(3) On the next two million dollars, six thousand six hundred	9035
fifty-five ten-thousandths of one per cent;	9036

(4) On all further sums, one thousand six hundred sixty-three	9037
ten-thousandths of one per cent.	9038

If any settlement is not made on or before the date	9039
prescribed by law for such settlement or any lawful extension of	9040
such date, the aggregate compensation allowed to the auditor shall	9041
be reduced one per cent for each day such settlement is delayed	9042
after the prescribed date. No penalty shall apply if the auditor	9043
and treasurer grant all requests for advances up to ninety per	9044
cent of the settlement pursuant to section 321.34 of the Revised	9045
Code. The compensation allowed in accordance with this section on	9046
settlements made before the dates prescribed by law, or the	9047
reduced compensation allowed in accordance with this section on	9048
settlements made after the date prescribed by law or any lawful	9049
extension of such date, shall be apportioned ratably by the	9050
auditor and deducted from the shares or portions of the revenue	9051
payable to the state as well as to the county, townships,	9052
municipal corporations, and school districts.	9053

(B) For the purpose of reimbursing county auditors for the	9054
expenses associated with the increased number of applications for	9055
reductions in real property taxes under sections 323.152 and	9056
4503.065 of the Revised Code that results from the amendment of	9057
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	9058
on the first day of August of each year there shall be paid from	9059
the state's general revenue fund to the county treasury to the	9060
credit of the real estate assessment fund created by section	9061
325.31 of the Revised Code an amount equal to one per cent of the	9062
total annual amount of property tax relief reimbursement paid to	9063
that county under sections 323.156 and 4503.068 of the Revised	9064
Code for the preceding tax year.	9065

(C) From all moneys collected by the county treasurer on any	9066
tax duplicate of the county, other than estate tax duplicates, and	9067
on all moneys received as advance payments of personal property	9068
and classified property taxes, there shall be paid into the county	9069
treasury to the credit of the real estate assessment fund created	9070
by section 325.31 of the Revised Code, an amount to be determined	9071
by the county auditor, which shall not exceed the ~~following~~	9072
percentages:prescribed in divisions (C)(1) and (2) of this	9073
section.	9074

(1) OnFor payments made after June 30, 2007, and before	9075
2011, the following percentages:	9076

(a) On the first ~~one~~five hundred thousand dollars, ~~three and~~	9077
~~one-half~~four per cent;	9078

~~(2)~~(b) On the next ~~three~~five million dollars, ~~one and~~	9079
~~three-eighths~~two per cent;	9080

~~(3)~~(c) On the next ~~three~~five million dollars, one per cent;

9081

~~(4)~~(d) On all further sums not exceeding one hundred fifty	9082
million dollars, three-quarters of one per cent;	9083

~~(5)~~(e) On amounts exceeding one hundred fifty million	9084
dollars, ~~six-tenths~~five hundred eighty-five thousandths of one	9085
per cent.	9086

(2) For payments made in or after 2011, the following	9087
percentages:	9088

(a) On the first five hundred thousand dollars, four per	9089
cent;	9090

(b) On the next ten million dollars, two per cent;

9091

(c) On amounts exceeding ten million five hundred thousand	9092
dollars, three-fourths of one per cent.	9093

Such compensation shall be apportioned ratably by the auditor	9094
and deducted from the shares or portions of the revenue payable to	9095
the state as well as to the county, townships, municipal	9096
corporations, and school districts.	9097

~~(C)~~(D) Each county auditor shall receive four per cent of the	9098
amount of tax collected and paid into the county treasury, on	9099
property omitted and placed by the county auditor on the tax	9100
duplicate.	9101

~~(D)~~(E) On all estate tax moneys collected by the county	9102
treasurer, the county auditor, on settlement semiannually with the	9103
tax commissioner, shall be allowed, as compensation for the	9104
auditor's services under Chapter 5731. of the Revised Code, the	9105
following percentages:	9106

(1) Four per cent on the first one hundred thousand dollars;

9107

(2) One-half of one per cent on all additional sums.

9108

Such percentages shall be computed upon the amount collected	9109
and reported at each semiannual settlement, and shall be for the	9110
use of the general fund of the county.	9111

~~(E)~~(F) On all cigarette license moneys collected by the	9112
county treasurer, the county auditor, on settlement semiannually	9113
with the treasurer, shall be allowed as compensation for the	9114
auditor's services in the issuing of such licenses one-half of one	9115
per cent of such moneys, to be apportioned ratably and deducted	9116
from the shares of the revenue payable to the county and	9117
subdivisions, for the use of the general fund of the county.	9118

~~(F)~~(G) The county auditor shall charge and receive fees as	9119
follows:	9120

(1) For deeds of land sold for taxes to be paid by the	9121
purchaser, five dollars;	9122

(2) For the transfer or entry of land, lot, or part of lot,	9123
or the transfer or entry on or after January 1, 2000, of a used	9124
manufactured home or mobile home as defined in section 5739.0210	9125
of the Revised Code, fifty cents for each transfer or entry, to be	9126
paid by the person requiring it;	9127

(3) For receiving statements of value and administering	9128
section 319.202 of the Revised Code, one dollar, or ten cents for	9129
each one hundred dollars or fraction of one hundred dollars,	9130
whichever is greater, of the value of the real property	9131
transferred or, for sales occurring on or after January 1, 2000,	9132
the value of the used manufactured home or used mobile home, as	9133
defined in section 5739.0210 of the Revised Code, transferred,	9134
except no fee shall be charged when the transfer is made:	9135

(a) To or from the United States, this state, or any	9136
instrumentality, agency, or political subdivision of the United	9137
States or this state;	9138

(b) Solely in order to provide or release security for a debt	9139
or obligation;	9140

(c) To confirm or correct a deed previously executed and	9141
recorded;	9142

(d) To evidence a gift, in trust or otherwise and whether	9143
revocable or irrevocable, between husband and wife, or parent and	9144
child or the spouse of either;	9145

(e) On sale for delinquent taxes or assessments;

9146

(f) Pursuant to court order, to the extent that such transfer	9147
is not the result of a sale effected or completed pursuant to such	9148
order;	9149

(g) Pursuant to a reorganization of corporations or	9150
unincorporated associations or pursuant to the dissolution of a	9151
corporation, to the extent that the corporation conveys the	9152
property to a stockholder as a distribution in kind of the	9153
corporation's assets in exchange for the stockholder's shares in	9154
the dissolved corporation;	9155

(h) By a subsidiary corporation to its parent corporation for	9156
no consideration, nominal consideration, or in sole consideration	9157
of the cancellation or surrender of the subsidiary's stock;	9158

(i) By lease, whether or not it extends to mineral or mineral	9159
rights, unless the lease is for a term of years renewable forever;	9160

(j) When the value of the real property or the manufactured	9161
or mobile home or the value of the interest that is conveyed does	9162
not exceed one hundred dollars;	9163

(k) Of an occupied residential property, including a	9164
manufactured or mobile home, being transferred to the builder of a	9165
new residence or to the dealer of a new manufactured or mobile	9166
home when the former residence is traded as part of the	9167
consideration for the new residence or new manufactured or mobile	9168
home;	9169

(l) To a grantee other than a dealer in real property or in	9170
manufactured or mobile homes, solely for the purpose of, and as a	9171
step in, the prompt sale of the real property or manufactured or	9172
mobile home to others;	9173

(m) To or from a person when no money or other valuable and	9174
tangible consideration readily convertible into money is paid or	9175
to be paid for the real estate or manufactured or mobile home and	9176
the transaction is not a gift;	9177

(n) Pursuant to division (B) of section 317.22 of the Revised	9178
Code, or section 2113.61 of the Revised Code, between spouses or	9179
to a surviving spouse pursuant to section 5302.17 of the Revised	9180
Code as it existed prior to April 4, 1985, between persons	9181
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	9182
after April 4, 1985, to a person who is a surviving, survivorship	9183
tenant pursuant to section 5302.17 of the Revised Code on or after	9184
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	9185

(o) To a trustee acting on behalf of minor children of the	9186
deceased;	9187

(p) Of an easement or right-of-way when the value of the	9188
interest conveyed does not exceed one thousand dollars;	9189

(q) Of property sold to a surviving spouse pursuant to	9190
section 2106.16 of the Revised Code;	9191

(r) To or from an organization exempt from federal income	9192
taxation under section 501(c)(3) of the "Internal Revenue Code of	9193
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	9194
transfer is without consideration and is in furtherance of the	9195
charitable or public purposes of such organization;	9196

(s) Among the heirs at law or devisees, including a surviving	9197
spouse, of a common decedent, when no consideration in money is	9198
paid or to be paid for the real property or manufactured or mobile	9199
home;	9200

(t) To a trustee of a trust, when the grantor of the trust	9201
has reserved an unlimited power to revoke the trust;	9202

(u) To the grantor of a trust by a trustee of the trust, when	9203
the transfer is made to the grantor pursuant to the exercise of	9204
the grantor's power to revoke the trust or to withdraw trust	9205
assets;	9206

(v) To the beneficiaries of a trust if the fee was paid on	9207
the transfer from the grantor of the trust to the trustee or if	9208
the transfer is made pursuant to trust provisions which became	9209
irrevocable at the death of the grantor;	9210

(w) To a corporation for incorporation into a sports facility	9211
constructed pursuant to section 307.696 of the Revised Code;	9212

(x) Between persons pursuant to section 5302.18 of the	9213
Revised Code.	9214

The auditor shall compute and collect the fee. The auditor	9215
shall maintain a numbered receipt system, as prescribed by the tax	9216
commissioner, and use such receipt system to provide a receipt to	9217
each person paying a fee. The auditor shall deposit the receipts	9218
of the fees on conveyances in the county treasury daily to the	9219
credit of the general fund of the county.	9220

The real property transfer fee provided for in division	9221
~~(F)~~(G)(3) of this section shall be applicable to any conveyance of	9222
real property presented to the auditor on or after January 1,	9223
1968, regardless of its time of execution or delivery.	9224

The transfer fee for a used manufactured home or used mobile	9225
home shall be computed by and paid to the county auditor of the	9226
county in which the home is located immediately prior to the	9227
transfer.	9228

Sec. 322.01. As used in sections 322.01 to 322.07 of the	9229
Revised Code:	9230

(A) "Value" means, in the case of any deed not a gift in	9231
whole or part, the amount of the full consideration therefor, paid	9232
or to be paid for the real estate described in the deed, including	9233
the amount of any liens thereon, with the following exceptions:	9234

(1) The amount owed on a debt secured by a mortgage which has	9235
been of record at least twelve months prior to the date of the	9236
conveyance and which is assumed by the purchaser;	9237

(2) The difference between the full amount of consideration	9238
and the unpaid balance owed to the seller at the time of the	9239
conveyance of property to a third party under a land installment	9240
contract that has been of record at least twelve months prior to	9241
the date of conveyance.	9242

(B) "Value" means, in the case of a manufactured or mobile	9243
home that is not a gift in whole or in part, the amount of the	9244
full consideration paid or to be paid for the home, including the	9245
amounts of any liens thereon.	9246

(C) "Value" means, in the case of a gift in whole or part,	9247
the estimated price the real estate described in the deed, or the	9248
manufactured or mobile home, would bring in the open market and	9249
under the then existing and prevailing market conditions in a sale	9250
between a willing seller and a willing buyer, both conversant with	9251
the property and with prevailing general price levels.	9252

(D) "Deed" means any deed, instrument, or writing by which	9253
any real property or any interest in real property is granted,	9254
assigned, transferred, or otherwise conveyed except that it does	9255
not include any deed, instrument, or writing which grants,	9256
assigns, transfers, or otherwise conveys any real property or	9257
interests in real property exempted from the fee required by	9258
division ~~(F)~~(G)(3) of section 319.54 of the Revised Code.	9259

(E) "Manufactured home" has the same meaning as in division	9260
(C)(4) of section 3781.06 of the Revised Code.	9261

(F) "Mobile home" has the same meaning as in division (O) of	9262
section 4501.01 of the Revised Code.	9263

Sec. 323.131. (A) Each tax bill prepared and mailed or	9264
delivered under section 323.13 of the Revised Code shall be in the	9265
form and contain the information required by the tax commissioner.	9266
The commissioner may prescribe different forms for each county and	9267
may authorize the county auditor to make up tax bills and tax	9268
receipts to be used by the county treasurer. For any county in	9269
which the board of county commissioners has granted a partial	9270
property tax exemption on homesteads under section 323.158 of the	9271
Revised Code, the commissioner shall require that the tax bills	9272
for those homesteads include a notice of the amount of the tax	9273
reduction that results from the partial exemption. In addition to	9274
the information required by the commissioner, each tax bill shall	9275
contain the following information:	9276

~~(A)~~(1) The taxes levied and the taxes charged and payable	9277
against the property;	9278

~~(B)~~(2) The effective tax rate. The words "effective tax rate"	9279
shall appear in boldface type.	9280

~~(C)~~(3) The following notices:

9281

~~(1)~~(a) "Notice: If the taxes are not paid within one year	9282
from the date they are due, the property is subject to foreclosure	9283
for tax delinquency." Failure to provide such notice has no effect	9284
upon the validity of any tax foreclosure to which a property is	9285
subjected.	9286

~~(2)~~(b) "Notice: If the taxes charged against this parcel have	9287
been reduced by the 2-1/2 per cent tax reduction for residences	9288
occupied by the owner but the property is not a residence occupied	9289
by the owner, the owner must notify the county auditor's office	9290
not later than March 31 of the year following the year for which	9291
the taxes are due. Failure to do so may result in the owner being	9292
convicted of a fourth degree misdemeanor, which is punishable by	9293
imprisonment up to 30 days, a fine up to $250, or both, and in the	9294
owner having to repay the amount by which the taxes were	9295
erroneously or illegally reduced, plus any interest that may	9296
apply.	9297

If the taxes charged against this parcel have not been	9298
reduced by the 2-1/2 per cent tax reduction and the parcel	9299
includes a residence occupied by the owner, the parcel may qualify	9300
for the tax reduction. To obtain an application for the tax	9301
reduction or further information, the owner may contact the county	9302
auditor's office at .......... (insert the address and telephone	9303
number of the county auditor's office)."	9304

~~(D)~~(4) For a tract or lot on the real property tax suspension	9305
list under section 319.48 of the Revised Code, the following	9306
notice: "Notice: The taxes shown due on this bill are for the	9307
current year only. Delinquent taxes, penalties, and interest also	9308
are due on this property. Contact the county treasurer to learn	9309
the total amount due."	9310

The tax bill shall not contain or be mailed or delivered with	9311
any information or material that is not required by this section	9312
or that is not authorized by section 321.45 of the Revised Code or	9313
by the tax commissioner.	9314

(B) If the property is residential rental property, the tax	9315
bill shall contain a statement that the owner of the residential	9316
rental property shall file with the county auditor the information	9317
required under division (A) or (C) of section 5323.02 of the	9318
Revised Code.	9319

(C) As used in this section, "residential rental property"	9320
has the same meaning as in section 5323.01 of the Revised Code.	9321

Sec. 323.151. As used in sections 323.151 to 323.159 of the	9322
Revised Code:	9323

(A) "Homestead" means either of the following:

9324

(1) A dwelling, including a unit in a multiple-unit dwelling	9325
and a manufactured home or mobile home taxed as real property	9326
pursuant to division (B) of section 4503.06 of the Revised Code,	9327
owned and occupied as a home by an individual whose domicile is in	9328
this state and who has not acquired ownership from a person, other	9329
than the individual's spouse, related by consanguinity or affinity	9330
for the purpose of qualifying for the real property tax reduction	9331
provided in section 323.152 of the Revised Code.	9332

(2) A unit in a housing cooperative that is occupied as a	9333
home, but not owned, by an individual whose domicile is in this	9334
state.	9335

The homestead shall include so much of the land surrounding	9336
it, not exceeding one acre, as is reasonably necessary for the use	9337
of the dwelling or unit as a home. An owner includes a holder of	9338
one of the several estates in fee, a vendee in possession under a	9339
purchase agreement or a land contract, a mortgagor, a life tenant,	9340
one or more tenants with a right of survivorship, tenants in	9341
common, and a settlor of a revocable inter vivos trust holding the	9342
title to a homestead occupied by the settlor as of right under the	9343
trust. The tax commissioner shall adopt rules for the uniform	9344
classification and valuation of real property or portions of real	9345
property as homesteads.	9346

(B) "Sixty-five years of age or older" means a person who has	9347
attained age sixty-four prior to the first day of January of the	9348
year of application for reduction in real estate taxes.	9349

(C) ~~"Total income" means the adjusted gross income of the~~	9350
~~owner and the owner's spouse for the year preceding the year in~~	9351
~~which application for a reduction in taxes is made, as determined~~	9352
~~under the "Internal Revenue Code of 1986," 100 Stat. 2085, 26~~	9353
~~U.S.C.A. 1, as amended, adjusted as follows:~~	9354

~~(1) Subtract the amount of disability benefits included in~~	9355
~~adjusted gross income, but not to exceed fifty-two hundred~~	9356
~~dollars;~~	9357

~~(2) Add old age and survivors benefits received pursuant to~~	9358
~~the "Social Security Act" that are not included in adjusted gross~~	9359
~~income;~~	9360

~~(3) Add retirement, pension, annuity, or other retirement~~	9361
~~payments or benefits not included in adjusted gross income;~~	9362

~~(4) Add tier I and tier II railroad retirement benefits~~	9363
~~received pursuant to the "Railroad Retirement Act," 50 Stat. 307,~~	9364
~~45 U.S.C.A. 228;~~	9365

~~(5) Add interest on federal, state, and local government~~	9366
~~obligations;~~	9367

~~(6) For a person who received the homestead exemption for a~~	9368
~~prior year on the basis of being permanently and totally disabled~~	9369
~~and whose current application for the exemption is made on the~~	9370
~~basis of age, subtract the following amount:~~	9371

~~(a) If the person received disability benefits that were not~~	9372
~~included in adjusted gross income in the year preceding the first~~	9373
~~year in which the person applied for the exemption on the basis of~~	9374
~~age, subtract an amount equal to the disability benefits the~~	9375
~~person received in that preceding year, to the extent included in~~	9376
~~total income in the current year and not subtracted under division~~	9377
~~(C)(1) of this section in the current year;~~	9378

~~(b) If the person received disability benefits that were~~	9379
~~included in adjusted gross income in the year preceding the first~~	9380
~~year in which the person applied for the exemption on the basis of~~	9381
~~age, subtract an amount equal to the amount of disability benefits~~	9382
~~that were subtracted pursuant to division (C)(1) of this section~~	9383
~~in that preceding year, to the extent included in total income in~~	9384
~~the current year and not subtracted under division (C)(1) of this~~	9385
~~section in the current year.~~	9386

~~Disability benefits that are paid by the department of~~	9387
~~veterans affairs or a branch of the armed forces of the United~~	9388
~~States on account of an injury or disability shall not be included~~	9389
~~in total income.~~	9390

~~(D) "Old age and survivors benefits received pursuant to the~~	9391
~~'Social Security Act'" or "tier I railroad retirement benefits~~	9392
~~received pursuant to the 'Railroad Retirement Act'" means:~~	9393

~~(1) For those persons receiving the homestead exemption for~~	9394
~~the first time for tax years 1976 and earlier, old age benefits~~	9395
~~payable under the social security or railroad retirement laws in~~	9396
~~effect on December 31, 1975, except in those cases where a change~~	9397
~~in social security or railroad retirement benefits would result in~~	9398
~~a reduction in income.~~	9399

~~(2) For those persons receiving the homestead exemption for~~	9400
~~the first time for tax years 1977 and thereafter, old age benefits~~	9401
~~payable under the social security or railroad retirement laws in~~	9402
~~effect on the last day of the calendar year prior to the year for~~	9403
~~which the homestead exemption is first received, or, if no such~~	9404
~~benefits are payable that year, old age benefits payable the first~~	9405
~~succeeding year in which old age benefits under the social~~	9406
~~security or railroad retirement laws are payable, except in those~~	9407
~~cases where a change in social security or railroad retirement~~	9408
~~benefits results in a reduction in income.~~	9409

~~(3) The lesser of:~~

9410

~~(a) Survivors benefits payable under the social security or~~	9411
~~railroad retirement laws in effect on the last day of the calendar~~	9412
~~year prior to the year for which the homestead exemption is first~~	9413
~~received, or, if no such benefits are payable that year, survivors~~	9414
~~benefits payable the first succeeding year in which survivors~~	9415
~~benefits are payable; or~~	9416

~~(b) Old age benefits of the deceased spouse, as determined~~	9417
~~under division (D)(1) or (2) of this section, upon which the~~	9418
~~surviving spouse's survivors benefits are based under the social~~	9419
~~security or railroad retirement laws, except in those cases where~~	9420
~~a change in benefits would cause a reduction in income.~~	9421

~~Survivors benefits are those described in division (D)(3)(b)~~	9422
~~of this section only if the deceased spouse received old age~~	9423
~~benefits in the year in which the deceased spouse died. If the~~	9424
~~deceased spouse did not receive old age benefits in the year in~~	9425
~~which the deceased spouse died, then survivors benefits are those~~	9426
~~described in division (D)(3)(a) of this section.~~	9427

~~(E)~~ "Permanently and totally disabled" means a person who	9428
has, on the first day of January of the year of application for	9429
reduction in real estate taxes, some impairment in body or mind	9430
that makes the person unable to work at any substantially	9431
remunerative employment that the person is reasonably able to	9432
perform and that will, with reasonable probability, continue for	9433
an indefinite period of at least twelve months without any present	9434
indication of recovery therefrom or has been certified as	9435
permanently and totally disabled by a state or federal agency	9436
having the function of so classifying persons.	9437

~~(F)~~(D) "Housing cooperative" means a housing complex of at	9438
least two hundred fifty units that is owned and operated by a	9439
nonprofit corporation that issues a share of the corporation's	9440
stock to an individual, entitling the individual to live in a unit	9441
of the complex, and collects a monthly maintenance fee from the	9442
individual to maintain, operate, and pay the taxes of the complex.	9443

Sec. 323.152. In addition to the reduction in taxes required	9444
under section 319.302 of the Revised Code, taxes shall be reduced	9445
as provided in divisions (A) and (B) of this section.	9446

(A)(1) Division (A) of this section applies to any of the	9447
following:	9448

(a) A person who is permanently and totally disabled;

9449

(b) A person who is sixty-five years of age or older;

9450

(c) A person who is the surviving spouse of a deceased person	9451
who was permanently and totally disabled or sixty-five years of	9452
age or older and who applied and qualified for a reduction in	9453
taxes under this division in the year of death, provided the	9454
surviving spouse is at least fifty-nine but not sixty-five or more	9455
years of age on the date the deceased spouse dies.	9456

(2) Real property taxes on a homestead owned and occupied, or	9457
a homestead in a housing cooperative occupied, by a person to whom	9458
division (A) of this section applies shall be reduced for each	9459
year for which the owner obtains a certificate of reduction from	9460
the county auditor under section 323.154 of the Revised Code or	9461
for which the occupant obtains a certificate of reduction in	9462
accordance with section 323.159 of the Revised Code. The reduction	9463
shall equal the ~~amount obtained by multiplying the tax rate for~~	9464
~~the tax year for which the certificate is issued by the reduction~~	9465
~~in taxable value shown in the following schedule:~~	9466

		~~Reduce Taxable Value~~		9467
~~Total Income~~		~~by the Lesser of:~~		9468

~~$11,900 or less~~	~~$5,000 or seventy-five per cent~~	9469
~~More than $11,900 but not more than $17,500~~	~~$3,000 or sixty per cent~~	9470
~~More than $17,500 but not more than $23,000~~	~~$1,000 or twenty-five per cent~~	9471
~~More than $23,000~~	~~-0-~~	9472

~~(3) Each calendar year, the tax commissioner shall adjust the~~	9473
~~foregoing schedule by completing the following calculations in~~	9474
~~September of each year:~~	9475

~~(a) Determine the percentage increase in the gross domestic~~	9476
~~product deflator determined by the bureau of economic analysis of~~	9477
~~the United States department of commerce from the first day of~~	9478
~~January of the preceding calendar year to the last day of December~~	9479
~~of the preceding calendar year;~~	9480

~~(b) Multiply that percentage increase by each of the total~~	9481
~~income amounts, and by each dollar amount by which taxable value~~	9482
~~is reduced, for the current tax year;~~	9483

~~(c) Add the resulting product to each of the total income~~	9484
~~amounts, and to each of the dollar amounts by which taxable value~~	9485
~~is reduced, for the current tax year;~~	9486

~~(d)(i) Except as provided in division (A)(3)(d)(ii) of this~~	9487
~~section, round the resulting sum to the nearest multiple of one~~	9488
~~hundred dollars;~~	9489

~~(ii) If rounding the resulting sum to the nearest multiple of~~	9490
~~one hundred dollars under division (A)(3)(d)(i) of this section~~	9491
~~does not increase the dollar amounts by which taxable value is~~	9492
~~reduced, the resulting sum instead shall be rounded to the nearest~~	9493
~~multiple of ten dollars.~~	9494

~~The commissioner shall certify the amounts resulting from the~~	9495
~~adjustment to each county auditor not later than the first day of~~	9496
~~December each year. The certified amounts apply to the following~~	9497
~~tax year. The commissioner shall not make the adjustment in any~~	9498
~~calendar year in which the amounts resulting from the adjustment~~	9499
~~would be less than the total income amounts, or less than the~~	9500
~~dollar amounts by which taxable value is reduced, for the current~~	9501
~~tax year~~greater of the reduction granted for the tax year	9502
preceding the first tax year to which this section applies	9503
pursuant to Section 803.06 of Am. Sub. H.B. 119 of the 127th	9504
general assembly, if the taxpayer received a reduction for that	9505
preceding tax year, or the product of the following:	9506

(a) Twenty-five thousand dollars of the true value of the	9507
property in money;	9508

(b) The assessment percentage established by the tax	9509
commissioner under division (B) of section 5715.01 of the Revised	9510
Code, not to exceed thirty-five per cent;	9511

(c) The effective tax rate used to calculate the taxes	9512
charged against the property for the current year, where	9513
"effective tax rate" is defined as in section 323.08 of the	9514
Revised Code;	9515

(d) The quantity equal to one minus the sum of the percentage	9516
reductions in taxes received by the property for the current tax	9517
year under section 319.302 of the Revised Code and division (B) of	9518
section 323.152 of the Revised Code.	9519

(B) To provide a partial exemption, real property taxes on	9520
any homestead, and manufactured home taxes on any manufactured or	9521
mobile home on which a manufactured home tax is assessed pursuant	9522
to division (D)(2) of section 4503.06 of the Revised Code, shall	9523
be reduced for each year for which the owner obtains a certificate	9524
of reduction from the county auditor under section 323.154 of the	9525
Revised Code. The amount of the reduction shall equal two and	9526
one-half per cent of the amount of taxes to be levied on the	9527
homestead or the manufactured or mobile home after applying	9528
section 319.301 of the Revised Code.	9529

(C) The reductions granted by this section do not apply to	9530
special assessments or respread of assessments levied against the	9531
homestead, and if there is a transfer of ownership subsequent to	9532
the filing of an application for a reduction in taxes, such	9533
reductions are not forfeited for such year by virtue of such	9534
transfer.	9535

(D) The reductions in taxable value referred to in this	9536
section shall be applied solely as a factor for the purpose of	9537
computing the reduction of taxes under this section and shall not	9538
affect the total value of property in any subdivision or taxing	9539
district as listed and assessed for taxation on the tax lists and	9540
duplicates, or any direct or indirect limitations on indebtedness	9541
of a subdivision or taxing district. If after application of	9542
sections 5705.31 and 5705.32 of the Revised Code, including the	9543
allocation of all levies within the ten-mill limitation to debt	9544
charges to the extent therein provided, there would be	9545
insufficient funds for payment of debt charges not provided for by	9546
levies in excess of the ten-mill limitation, the reduction of	9547
taxes provided for in sections 323.151 to 323.159 of the Revised	9548
Code shall be proportionately adjusted to the extent necessary to	9549
provide such funds from levies within the ten-mill limitation.	9550

(E) No reduction shall be made on the taxes due on the	9551
homestead of any person convicted of violating division (C) or (D)	9552
of section 323.153 of the Revised Code for a period of three years	9553
following the conviction.	9554

Sec. 323.153. (A) To obtain a reduction in real property	9555
taxes under division (A) or (B) of section 323.152 of the Revised	9556
Code or in manufactured home taxes under division (B) of section	9557
323.152 of the Revised Code, the owner shall file an application	9558
with the county auditor of the county in which the owner's	9559
homestead is located.	9560

To obtain a reduction in real property taxes under division	9561
(A) of section 323.152 of the Revised Code, the occupant of a	9562
homestead in a housing cooperative shall file an application with	9563
the nonprofit corporation that owns and operates the housing	9564
cooperative, in accordance with this paragraph. Not later than the	9565
first day of March each year, the corporation shall obtain	9566
applications from the county auditor's office and provide one to	9567
each new occupant. Not later than the first day of May, any	9568
occupant who may be eligible for a reduction in taxes under	9569
division (A) of section 323.152 of the Revised Code shall submit	9570
the completed application to the corporation. Not later than the	9571
fifteenth day of May, the corporation shall file all completed	9572
applications, and the information required by division (B) of	9573
section 323.159 of the Revised Code, with the county auditor of	9574
the county in which the occupants' homesteads are located.	9575
Continuing applications shall be furnished to an occupant in the	9576
manner provided in division (C)(4) of this section.	9577

(1) An application for reduction based upon a physical	9578
disability shall be accompanied by a certificate signed by a	9579
physician, and an application for reduction based upon a mental	9580
disability shall be accompanied by a certificate signed by a	9581
physician or psychologist licensed to practice in this state,	9582
attesting to the fact that the applicant is permanently and	9583
totally disabled. The certificate shall be in a form that the tax	9584
commissioner requires and shall include the definition of	9585
permanently and totally disabled as set forth in section 323.151	9586
of the Revised Code. An application for reduction based upon a	9587
disability certified as permanent and total by a state or federal	9588
agency having the function of so classifying persons shall be	9589
accompanied by a certificate from that agency. ~~Such an~~	9590

An application for a reduction under division (A) of section	9591
323.152 of the Revised Code constitutes a continuing application	9592
for a reduction in taxes for each year in which the dwelling is	9593
the applicant's homestead ~~and the amount of the reduction in~~	9594
~~taxable value to which the applicant is entitled does not exceed~~	9595
~~either the amount or percentage of the reduction to which the~~	9596
~~applicant was entitled for the year in which the application was~~	9597
~~first filed~~.	9598

(2) An application for a reduction in taxes under division	9599
(B) of section 323.152 of the Revised Code shall be filed only if	9600
the homestead or manufactured or mobile home was transferred in	9601
the preceding year or did not qualify for and receive the	9602
reduction in taxes under that division for the preceding tax year.	9603
The application for homesteads transferred in the preceding year	9604
shall be incorporated into any form used by the county auditor to	9605
administer the tax law in respect to the conveyance of real	9606
property pursuant to section 319.20 of the Revised Code or of used	9607
manufactured homes or used mobile homes as defined in section	9608
5739.0210 of the Revised Code. The owner of a manufactured or	9609
mobile home who has elected under division (D)(4) of section	9610
4503.06 of the Revised Code to be taxed under division (D)(2) of	9611
that section for the ensuing year may file the application at the	9612
time of making that election. The application shall contain a	9613
statement that failure by the applicant to affirm on the	9614
application that the dwelling on the property conveyed is the	9615
applicant's homestead prohibits the owner from receiving the	9616
reduction in taxes until a proper application is filed within the	9617
period prescribed by division (A)(3) of this section. Such an	9618
application constitutes a continuing application for a reduction	9619
in taxes for each year in which the dwelling is the applicant's	9620
homestead.	9621

(3) Failure to receive a new application filed under division	9622
(A)(1) or (2) or notification under division (C) of this section	9623
after a certificate of reduction has been issued under section	9624
323.154 of the Revised Code, or failure to receive a new	9625
application filed under division (A)(1) or notification under	9626
division (C) of this section after a certificate of reduction has	9627
been issued under section 323.159 of the Revised Code, is	9628
prima-facie evidence that the original applicant is entitled to	9629
the reduction in taxes calculated on the basis of the information	9630
contained in the original application. The original application	9631
and any subsequent application, including any late application,	9632
shall be in the form of a signed statement and shall be filed	9633
after the first Monday in January and not later than the first	9634
Monday in June. The original application and any subsequent	9635
application for a reduction in real property taxes shall be filed	9636
in the year for which the reduction is sought. The original	9637
application and any subsequent application for a reduction in	9638
manufactured home taxes shall be filed in the year preceding the	9639
year for which the reduction is sought. The statement shall be on	9640
a form, devised and supplied by the tax commissioner, which shall	9641
require no more information than is necessary to establish the	9642
applicant's eligibility for the reduction in taxes and the amount	9643
of the reduction, and, for a certificate of reduction issued under	9644
section 323.154 of the Revised Code, shall include an affirmation	9645
by the applicant that ownership of the homestead was not acquired	9646
from a person, other than the applicant's spouse, related to the	9647
owner by consanguinity or affinity for the purpose of qualifying	9648
for the real property or manufactured home tax reduction provided	9649
for in division (A) or (B) of section 323.152 of the Revised Code.	9650
The form shall contain a statement that conviction of willfully	9651
falsifying information to obtain a reduction in taxes or failing	9652
to comply with division (C) of this section results in the	9653
revocation of the right to the reduction for a period of three	9654
years. ~~In the case of an application for a reduction in taxes~~	9655
~~under division (A) of section 323.152 of the Revised Code, the~~	9656
~~form shall contain a statement that signing the application~~	9657
~~constitutes a delegation of authority by the applicant to the~~	9658
~~county auditor to examine any financial records relating to income~~	9659
~~earned by the applicant as stated on the application for the~~	9660
~~purpose of determining a possible violation of division (D) or (E)~~	9661
~~of this section.~~	9662

(B) A late application for a tax reduction for the year	9663
preceding the year in which an original application is filed, or	9664
for a reduction in manufactured home taxes for the year in which	9665
an original application is filed, may be filed with the original	9666
application. If the county auditor determines the information	9667
contained in the late application is correct, the auditor shall	9668
determine the amount of the reduction in taxes to which the	9669
applicant would have been entitled for the preceding tax year had	9670
the applicant's application been timely filed and approved in that	9671
year.	9672

The amount of such reduction shall be treated by the auditor	9673
as an overpayment of taxes by the applicant and shall be refunded	9674
in the manner prescribed in section 5715.22 of the Revised Code	9675
for making refunds of overpayments. On the first day of July of	9676
each year, the county auditor shall certify the total amount of	9677
the reductions in taxes made in the current year under this	9678
division to the tax commissioner, who shall treat the full amount	9679
thereof as a reduction in taxes for the preceding tax year and	9680
shall make reimbursement to the county therefor in the manner	9681
prescribed by section 323.156 of the Revised Code, from money	9682
appropriated for that purpose.	9683

(C)(1) If, in any year after an application has been filed	9684
under division (A)(1) or (2) of this section, the owner does not	9685
qualify for a reduction in taxes on the homestead or on the	9686
manufactured or mobile home set forth on such application~~, or~~	9687
~~qualifies for a reduction in taxes that is to be based upon a~~	9688
~~reduction in taxable value less than either the percentage or~~	9689
~~amount of the reduction in taxable value to which the owner was~~	9690
~~entitled in the year the application was filed~~, the owner shall	9691
notify the county auditor that the owner is not qualified for a	9692
reduction in taxes ~~or file a new application under division (A)(1)~~	9693
~~or (2) of this section~~.	9694

(2) If, in any year after an application has been filed under	9695
division (A)~~(1)~~ of this section, the occupant of a homestead in a	9696
housing cooperative does not qualify for a reduction in taxes on	9697
the homestead, the occupant shall notify the county auditor that	9698
the occupant is not qualified for a reduction in taxes or file a	9699
new application under division (A)~~(1)~~ of this section.	9700

(3) If the county auditor or county treasurer discovers that	9701
the owner of property not entitled to the reduction in taxes under	9702
division (B) of section 323.152 of the Revised Code failed to	9703
notify the county auditor as required by division (C)(1) of this	9704
section, a charge shall be imposed against the property in the	9705
amount by which taxes were reduced under that division for each	9706
tax year the county auditor ascertains that the property was not	9707
entitled to the reduction and was owned by the current owner.	9708
Interest shall accrue in the manner prescribed by division (B) of	9709
section 323.121 or division (G)(2) of section 4503.06 of the	9710
Revised Code on the amount by which taxes were reduced for each	9711
such tax year as if the reduction became delinquent taxes at the	9712
close of the last day the second installment of taxes for that tax	9713
year could be paid without penalty. The county auditor shall	9714
notify the owner, by ordinary mail, of the charge, of the owner's	9715
right to appeal the charge, and of the manner in which the owner	9716
may appeal. The owner may appeal the imposition of the charge and	9717
interest by filing an appeal with the county board of revision not	9718
later than the last day prescribed for payment of real and public	9719
utility property taxes under section 323.12 of the Revised Code	9720
following receipt of the notice and occurring at least ninety days	9721
after receipt of the notice. The appeal shall be treated in the	9722
same manner as a complaint relating to the valuation or assessment	9723
of real property under Chapter 5715. of the Revised Code. The	9724
charge and any interest shall be collected as other delinquent	9725
taxes.	9726

(4) Each year during January, the county auditor shall	9727
furnish by ordinary mail a continuing application to each person	9728
issued a certificate of reduction under section 323.154 or 323.159	9729
of the Revised Code with respect to a reduction in taxes under	9730
division (A) of section 323.152 of the Revised Code. The	9731
continuing application shall be used to report ~~changes in total~~	9732
~~income that would have the effect of increasing or decreasing the~~	9733
~~reduction in taxable value to which the person is entitled,~~	9734
changes in ownership or occupancy of the homestead, including	9735
changes in or revocation of a revocable inter vivos trust, changes	9736
in disability, and other changes in the information earlier	9737
furnished the auditor relative to the reduction in taxes on the	9738
property. The continuing application shall be returned to the	9739
auditor not later than the first Monday in June; provided, that if	9740
such changes do not affect the status of the homestead exemption	9741
or the amount of the reduction to which the owner is entitled	9742
under division (A) of section 323.152 of the Revised Code or to	9743
which the occupant is entitled under section 323.159 of the	9744
Revised Code, the application does not need to be returned.	9745

(5) Each year during February, the county auditor, except as	9746
otherwise provided in this paragraph, shall furnish by ordinary	9747
mail an original application to the owner, as of the first day of	9748
January of that year, of a homestead or a manufactured or mobile	9749
home that transferred during the preceding calendar year and that	9750
qualified for and received a reduction in taxes under division (B)	9751
of section 323.152 of the Revised Code for the preceding tax year.	9752
In order to receive the reduction under that division, the owner	9753
shall file the application with the county auditor not later than	9754
the first Monday in June. If the application is not timely filed,	9755
the auditor shall not grant a reduction in taxes for the homestead	9756
for the current year, and shall notify the owner that the	9757
reduction in taxes has not been granted, in the same manner	9758
prescribed under section 323.154 of the Revised Code for	9759
notification of denial of an application. Failure of an owner to	9760
receive an application does not excuse the failure of the owner to	9761
file an original application. The county auditor is not required	9762
to furnish an application under this paragraph for any homestead	9763
for which application has previously been made on a form	9764
incorporated into any form used by the county auditor to	9765
administer the tax law in respect to the conveyance of real	9766
property or of used manufactured homes or used mobile homes, and	9767
an owner who previously has applied on such a form is not required	9768
to return an application furnished under this paragraph.	9769

(D) No person shall knowingly make a false statement for the	9770
purpose of obtaining a reduction in the person's real property or	9771
manufactured home taxes under section 323.152 of the Revised Code.	9772

(E) No person shall knowingly fail to notify the county	9773
auditor of changes required by division (C) of this section that	9774
have the effect of maintaining or securing a reduction ~~in taxable~~	9775
~~value of homestead property or a reduction~~ in taxes ~~in excess of~~	9776
~~the reduction allowed~~ under section 323.152 of the Revised Code.	9777

(F) No person shall knowingly make a false statement or	9778
certification attesting to any person's physical or mental	9779
condition for purposes of qualifying such person for tax relief	9780
pursuant to sections 323.151 to 323.159 of the Revised Code.	9781

Sec. 323.154. On or before the day the county auditor has	9782
completed the duties imposed by sections 319.30 to 319.302 of the	9783
Revised Code, the auditor shall issue a certificate of reduction	9784
in taxes in triplicate for each person who has complied with	9785
section 323.153 of the Revised Code and whose homestead, as	9786
defined in division (A)(1) of section 323.151 of the Revised Code,	9787
or manufactured or mobile home the auditor finds is entitled to a	9788
reduction in real property or manufactured home taxes for that	9789
year under section 323.152 of the Revised Code. Except as provided	9790
in section 323.159 of the Revised Code, in the case of a homestead	9791
entitled to a reduction under division (A) of that section, the	9792
certificate shall state the taxable value of the homestead on the	9793
first day of January of that year, the ~~amount of the reduction in~~	9794
~~taxable value and the~~ total reduction in taxes for that year under	9795
that section, the tax rate that is applicable against such	9796
homestead for that year, and any other information the tax	9797
commissioner requires. In the case of a homestead or a	9798
manufactured or mobile home entitled to a reduction under division	9799
(B) of that section, the certificate shall state the total amount	9800
of the reduction in taxes for that year under that section and any	9801
other information the tax commissioner requires. The certificate	9802
for reduction in taxes shall be on a form approved by the	9803
commissioner. Upon issuance of such a certificate, the county	9804
auditor shall forward one copy and the original to the county	9805
treasurer and retain one copy. The county auditor also shall	9806
record the amount of reduction in taxes in the appropriate column	9807
on the general tax list and duplicate of real and public utility	9808
property and on the manufactured home tax list.	9809

If an application, late application, or continuing	9810
application is not approved, or if the county auditor otherwise	9811
determines that a homestead or a manufactured or mobile home does	9812
not qualify for a reduction in taxes under division (A) or (B) of	9813
section 323.152 of the Revised Code, the auditor shall notify the	9814
applicant of the reasons for denial not later than the first	9815
Monday in October. If an applicant believes that the application	9816
for reduction has been improperly denied or that the reduction is	9817
for less than that to which the applicant is entitled, the	9818
applicant may file an appeal with the county board of revision not	9819
later than the date of closing of the collection for the first	9820
half of real and public utility property taxes or manufactured	9821
home taxes. The appeal shall be treated in the same manner as a	9822
complaint relating to the valuation or assessment of real property	9823
under Chapter 5715. of the Revised Code.	9824

Sec. 325.31. (A) On the first business day of each month,	9825
and at the end of the officer's term of office, each officer named	9826
in section 325.27 of the Revised Code shall pay into the county	9827
treasury, to the credit of the general county fund, on the warrant	9828
of the county auditor, all fees, costs, penalties, percentages,	9829
allowances, and perquisites collected by the officer's office	9830
during the preceding month or part thereof for official services,	9831
except the fees allowed the county auditor by division ~~(B)~~(C) of	9832
section 319.54 of the Revised Code, which shall be paid into the	9833
county treasury to the credit of the real estate assessment fund	9834
hereby created.	9835

(B) Moneys to the credit of the real estate assessment fund	9836
may be expended, upon appropriation by the board of county	9837
commissioners, for the purpose of defraying one or more of the	9838
following:	9839

(1) The cost incurred by the county auditor in assessing real	9840
estate pursuant to Chapter 5713. of the Revised Code and	9841
manufactured and mobile homes pursuant to Chapter 4503. of the	9842
Revised Code;	9843

(2) At the county auditor's discretion, costs and expenses	9844
incurred by the county auditor in preparing the list of real and	9845
public utility property, in administering laws related to the	9846
taxation of real property and the levying of special assessments	9847
on real property, including administering reductions under	9848
Chapters 319. and 323. and section 4503.065 of the Revised Code,	9849
and to support assessments of real property in any administrative	9850
or judicial proceeding;	9851

(3) At the county auditor's discretion, the expenses incurred	9852
by the county board of revision under Chapter 5715. of the Revised	9853
Code;	9854

(4) At the county auditor's discretion, the expenses incurred	9855
by the county auditor for geographic information systems, mapping	9856
programs, and technological advances in those or similar systems	9857
or programs;	9858

(5) At the county auditor's discretion, expenses incurred by	9859
the county auditor in compiling the general tax list of tangible	9860
personal property and administering tangible personal property	9861
taxes under Chapters 5711. and 5719. of the Revised Code;	9862

(6) At the county auditor's discretion, costs, expenses, and	9863
fees incurred by the county auditor in the administration of	9864
estate taxes under Chapter 5731. of the Revised Code and the	9865
amounts incurred under section 5731.41 of the Revised Code.	9866

Any expenditures made from the real estate assessment fund	9867
shall comply with rules that the tax commissioner adopts under	9868
division (O) of section 5703.05 of the Revised Code. Those rules	9869
shall include a requirement that a copy of any appraisal plans,	9870
progress of work reports, contracts, or other documents required	9871
to be filed with the tax commissioner shall be filed also with the	9872
board of county commissioners.	9873

The board of county commissioners shall not transfer moneys	9874
required to be deposited in the real estate assessment fund to any	9875
other fund. Following an assessment of real property pursuant to	9876
Chapter 5713. of the Revised Code, or an assessment of a	9877
manufactured or mobile home pursuant to Chapter 4503. of the	9878
Revised Code, any moneys not expended for the purpose of defraying	9879
the cost incurred in assessing real estate or manufactured or	9880
mobile homes or for the purpose of defraying the expenses	9881
described in divisions (B)(2), (3), (4), (5), and (6) of this	9882
section, and thereby remaining to the credit of the real estate	9883
assessment fund, shall be apportioned ratably and distributed to	9884
those taxing authorities that contributed to the fund. However, no	9885
such distribution shall be made if the amount of such unexpended	9886
moneys remaining to the credit of the real estate assessment fund	9887
does not exceed five thousand dollars.	9888

(C) None of the officers named in section 325.27 of the	9889
Revised Code shall collect any fees from the county. Each of such	9890
officers shall, at the end of each calendar year, make and file a	9891
sworn statement with the board of county commissioners of all such	9892
fees, costs, penalties, percentages, allowances, and perquisites	9893
which have been due in the officer's office and unpaid for more	9894
than one year prior to the date such statement is required to be	9895
made.	9896

Sec. 329.04. (A) The county department of job and family	9897
services shall have, exercise, and perform the following powers	9898
and duties:	9899

(1) Perform any duties assigned by the state department of	9900
job and family services regarding the provision of public family	9901
services, including the provision of the following services to	9902
prevent or reduce economic or personal dependency and to	9903
strengthen family life:	9904

(a) Services authorized by a Title IV-A program, as defined	9905
in section 5101.80 of the Revised Code;	9906

(b) Social services authorized by Title XX of the "Social	9907
Security Act" and provided for by section 5101.46 or 5101.461 of	9908
the Revised Code;	9909

(c) If the county department is designated as the child	9910
support enforcement agency, services authorized by Title IV-D of	9911
the "Social Security Act" and provided for by Chapter 3125. of	9912
the Revised Code. The county department may perform the services	9913
itself or contract with other government entities, and, pursuant	9914
to division (C) of section 2301.35 and section 2301.42 of the	9915
Revised Code, private entities, to perform the Title IV-D	9916
services.	9917

(d) Duties assigned under section 5111.98 of the Revised	9918
Code.	9919

(2) Administer disability financial assistance, as required	9920
by the state department of job and family services under section	9921
5115.03 of the Revised Code;	9922

(3) Administer disability medical assistance, as required by	9923
the state department of job and family services under section	9924
5115.13 of the Revised Code;	9925

(4) Administer burials insofar as the administration of	9926
burials was, prior to September 12, 1947, imposed upon the board	9927
of county commissioners and if otherwise required by state law;	9928

(5) Cooperate with state and federal authorities in any	9929
matter relating to family services and to act as the agent of such	9930
authorities;	9931

(6) Submit an annual account of its work and expenses to the	9932
board of county commissioners and to the state department of job	9933
and family services at the close of each fiscal year;	9934

(7) Exercise any powers and duties relating to family	9935
services duties or workforce development activities imposed upon	9936
the county department of job and family services by law, by	9937
resolution of the board of county commissioners, or by order of	9938
the governor, when authorized by law, to meet emergencies during	9939
war or peace;	9940

(8) Determine the eligibility for medical assistance of	9941
recipients of aid under Title XVI of the "Social Security Act";	9942

(9) If assigned by the state director of job and family	9943
services under section 5101.515 of the Revised Code, determine	9944
applicants' eligibility for health assistance under the children's	9945
health insurance program part II;	9946

(10) Enter into a plan of cooperation with the board of	9947
county commissioners under section 307.983, consult with the board	9948
in the development of the transportation work plan developed under	9949
section 307.985, establish with the board procedures under section	9950
307.986 for providing services to children whose families relocate	9951
frequently, and comply with the contracts the board enters into	9952
under sections 307.981 and 307.982 of the Revised Code that affect	9953
the county department;	9954

(11) For the purpose of complying with a ~~fiscal~~grant	9955
agreement the board of county commissioners enters into under	9956
~~section~~sections 307.98 and 5101.21 of the Revised Code, exercise	9957
the powers and perform the duties the ~~fiscal~~grant agreement	9958
assigns to the county department;	9959

(12) If the county department is designated as the workforce	9960
development agency, provide the workforce development activities	9961
specified in the contract required by section 330.05 of the	9962
Revised Code.	9963

(B) The powers and duties of a county department of job and	9964
family services are, and shall be exercised and performed, under	9965
the control and direction of the board of county commissioners.	9966
The board may assign to the county department any power or duty of	9967
the board regarding family services duties and workforce	9968
development activities. If the new power or duty necessitates the	9969
state department of job and family services changing its federal	9970
cost allocation plan, the county department may not implement the	9971
power or duty unless the United States department of health and	9972
human services approves the changes.	9973

Sec. 329.05. The county department of job and family	9974
services may administer or assist in administering any state or	9975
local family services duty in addition to those mentioned in	9976
section 329.04 of the Revised Code, supported wholly or in part by	9977
public funds from any source provided by agreement between the	9978
board of county commissioners and the officer, department, board,	9979
or agency in which the administration of such activity is vested.	9980
Such officer, department, board, or agency may enter into such	9981
agreement and confer upon the county department of job and family	9982
services, to the extent and in particulars specified in the	9983
agreement, the performance of any duties and the exercise of any	9984
powers imposed upon or vested in such officer, board, department,	9985
or agency, with respect to the administration of such activity.	9986
Such agreement shall be in the form of a resolution of the board	9987
of county commissioners, accepted in writing by the other party to	9988
the agreement, and filed in the office of the county auditor, and	9989
when so filed, shall have the effect of transferring the exercise	9990
of the powers and duties to which the agreement relates and shall	9991
exempt the other party from all further responsibility for the	9992
exercise of the powers and duties so transferred, during the life	9993
of the agreement.	9994

Such agreement shall be coordinated and not conflict with a	9995
~~fiscal~~grant agreement entered into under ~~section~~sections 307.98	9996
and 5101.21, a contract entered into under section 307.981 or	9997
307.982, a plan of cooperation entered into under section 307.983,	9998
a regional plan of cooperation entered into under section 307.984,	9999
a transportation work plan developed under section 307.985, or	10000
procedures for providing services to children whose families	10001
relocate frequently established under section 307.986 of the	10002
Revised Code. It may be revoked at the option of either party, by	10003
a resolution or order of the revoking party filed in the office of	10004
the auditor. Such revocation shall become effective at the end of	10005
the fiscal year occurring at least six months following the filing	10006
of the resolution or order. In the absence of such an express	10007
revocation so filed, the agreement shall continue indefinitely.	10008

This section does not permit a county department of job and	10009
family services to manage or control hospitals, humane societies,	10010
detention facilities, jails or probation departments of courts, or	10011
veterans service commissions.	10012

Sec. 329.14. (A) An individual whose household income does	10013
not exceed ~~one~~two hundred ~~fifty~~ per cent of the federal poverty	10014
line is eligible to participate in an individual development	10015
account program established by the county department of job and	10016
family services of the county in which the individual resides. An	10017
eligible individual seeking to be a participant in the program	10018
shall enter into an agreement with the fiduciary organization	10019
administering the program. The agreement shall specify the terms	10020
and conditions of uses of funds deposited, financial documentation	10021
required to be maintained by the participant, expectations and	10022
responsibilities of the participant, and services to be provided	10023
by the fiduciary organization.	10024

(B) A participant may deposit earned income, as defined in 26	10025
U.S.C. 911(d)(2), as amended, into the account. The fiduciary	10026
organization may deposit into the account an amount not exceeding	10027
~~twice~~four times the amount deposited by the participant except	10028
that a fiduciary organization may not, pursuant to an agreement	10029
with an employer, deposit an amount into an account held by a	10030
participant who is employed by the employer. An account may have	10031
no more than ten thousand dollars in it at any time.	10032

(C) Notwithstanding eligibility requirements established in	10033
or pursuant to Chapter 5107., 5108., or 5111. of the Revised Code,	10034
to the extent permitted by federal statutes and regulations, money	10035
in an individual development account, including interest, is	10036
exempt from consideration in determining whether the participant	10037
or a member of the participant's assistance group is eligible for	10038
assistance under Chapter 5107., 5108., or 5111. of the Revised	10039
Code and the amount of assistance the participant or assistance	10040
group is eligible to receive.	10041

(D)(1) Except as provided in division (D)(2) of this section,	10042
an individual development account program participant may use	10043
money in the account only for the following purposes:	10044

(a) Postsecondary educational expenses paid directly from the	10045
account to an eligible education institution or vendor;	10046

(b) Qualified acquisition expenses of a principal residence,	10047
as defined in 26 U.S.C. 1034, as amended, paid directly from the	10048
account to the person or government entity to which the expenses	10049
are due;	10050

(c) Qualified business capitalization expenses made in	10051
accordance with a qualified business plan that has been approved	10052
by a financial institution or by a nonprofit microenterprise	10053
program having demonstrated business expertise and paid directly	10054
from the account to the person to whom the expenses are due.	10055

(2) A fiduciary organization shall permit a participant to	10056
withdraw money deposited by the participant if it is needed to	10057
deal with a personal emergency of the participant or a member of	10058
the participant's family or household. Withdrawal shall result in	10059
the loss of any matching funds in an amount equal to the amount of	10060
the withdrawal.	10061

(3) Regardless of the reason for the withdrawal, a withdrawal	10062
from an individual development account may be made only with the	10063
approval of the fiduciary organization.	10064

Sec. 333.02. Before ~~June 1, 2007~~January 1, 2008, a board of	10065
county commissioners of a county that levies a county sales and	10066
use tax may enter into an agreement with any person that proposes	10067
to construct an impact facility in the county to provide payments	10068
to that person of up to seventy-five per cent of the county sales	10069
and use tax collected on each retail sale made by that person at	10070
the facility, for a term of up to ten years, or until the person's	10071
qualifying investment in the impact facility has been realized	10072
through the payments, whichever occurs first.	10073

Sec. 333.04. (A) After review of the items submitted under	10074
division (A) of section 333.03 of the Revised Code, and after	10075
receipt of the certification from the director of development	10076
under division (B) of that section, a board of county	10077
commissioners, before ~~June 1, 2007~~January 1, 2008, may enter into	10078
an agreement under section 333.02 of the Revised Code, provided	10079
that the board has determined all of the following:	10080

(1) The proposed impact facility is economically sound;

10081

(2) Construction of the proposed impact facility has not	10082
begun prior to the day the agreement is entered into;	10083

(3) The impact facility will benefit the county by increasing	10084
employment opportunities and strengthening the local and regional	10085
economy; and	10086

(4) Receiving payments from the board of county commissioners	10087
is a major factor in the person's decision to go forward with	10088
construction of the impact facility.	10089

(B) An agreement entered into under this section shall	10090
include all of the following:	10091

(1) A description of the impact facility that is the subject	10092
of the agreement, including the existing investment level, if any,	10093
the proposed amount of investments, the scheduled starting and	10094
completion dates for the facility, and the number and type of	10095
full-time equivalent positions to be created at the facility;	10096

(2) The percentage of the county sales and use tax collected	10097
at the impact facility that will be used to make payments to the	10098
person entering into the agreement;	10099

(3) The term of the payments and the first calendar quarter	10100
in which the person may apply for a payment under section 333.06	10101
of the Revised Code;	10102

(4) A requirement that the amount of payments made to the	10103
person during the term established under division (B)(3) of this	10104
section shall not exceed the person's qualifying investment, and	10105
that all payments cease when that amount is reached;	10106

(5) A requirement that the person maintain operations at the	10107
impact facility for at least the term established under division	10108
(B)(3) of this section;	10109

(6) A requirement that the person annually certify to the	10110
board of county commissioners, on or before a date established by	10111
the board in the agreement, the level of investment in, the number	10112
of employees and type of full-time equivalent positions at, and	10113
the amount of county sales and use tax collected and remitted to	10114
the tax commissioner or treasurer of state from sales made at, the	10115
facility;	10116

(7) A provision stating that the creation of the proposed	10117
impact facility does not involve the relocation of more than ten	10118
full-time equivalent positions and two million dollars in taxable	10119
assets to the impact facility from another facility owned by the	10120
person, or a related member of the person, that is located in	10121
another political subdivision of this state, other than the	10122
political subdivision in which the impact facility is or will be	10123
located;	10124

(8) A provision stating that the person will not relocate	10125
more than ten full-time equivalent positions and two million	10126
dollars in taxable assets to the impact facility from another	10127
facility in another political subdivision of this state during the	10128
term of the payments without the written approval of the director	10129
of development;	10130

(9) A detailed explanation of how the person determined that	10131
more than fifty per cent of the visitors to the facility live at	10132
least one hundred miles from the facility.	10133

(C) For purposes of this section, the transfer of a full-time	10134
equivalent position or taxable asset from another political	10135
subdivision in this state to the political subdivision in which	10136
the impact facility is or will be located shall be considered a	10137
relocation, unless the person refills the full-time equivalent	10138
position, or replaces the taxable asset with an asset of equal or	10139
greater taxable value, within six months after the transfer. The	10140
person may not receive a payment under this chapter for any year	10141
in which more than ten relocations occurred without the written	10142
consent of the board of county commissioners.	10143

Sec. 340.03. (A) Subject to rules issued by the director of	10144
mental health after consultation with relevant constituencies as	10145
required by division (A)(11) of section 5119.06 of the Revised	10146
Code, with regard to mental health services, the board of alcohol,	10147
drug addiction, and mental health services shall:	10148

(1) Serve as the community mental health planning agency for	10149
the county or counties under its jurisdiction, and in so doing it	10150
shall:	10151

(a) Evaluate the need for facilities and community mental	10152
health services;	10153

(b) In cooperation with other local and regional planning and	10154
funding bodies and with relevant ethnic organizations, assess the	10155
community mental health needs, set priorities, and develop plans	10156
for the operation of facilities and community mental health	10157
services;	10158

(c) In accordance with guidelines issued by the director of	10159
mental health after consultation with board representatives,	10160
develop and submit to the department of mental health, no later	10161
than six months prior to the conclusion of the fiscal year in	10162
which the board's current plan is scheduled to expire, a community	10163
mental health plan listing community mental health needs,	10164
including the needs of all residents of the district now residing	10165
in state mental institutions and severely mentally disabled	10166
adults, children, and adolescents; all children subject to a	10167
determination made pursuant to section 121.38 of the Revised Code;	10168
and all the facilities and community mental health services that	10169
are or will be in operation or provided during the period for	10170
which the plan will be in operation in the service district to	10171
meet such needs.	10172

The plan shall include, but not be limited to, a statement of	10173
which of the services listed in section 340.09 of the Revised Code	10174
the board intends to make available. The board must include crisis	10175
intervention services for individuals in an emergency situation in	10176
the plan and explain how the board intends to make such services	10177
available. The plan must also include an explanation of how the	10178
board intends to make any payments that it may be required to pay	10179
under section 5119.62 of the Revised Code, a statement of the	10180
inpatient and community-based services the board proposes that the	10181
department operate, an assessment of the number and types of	10182
residential facilities needed, such other information as the	10183
department requests, and a budget for moneys the board expects to	10184
receive. The board shall also submit an allocation request for	10185
state and federal funds. Within sixty days after the department's	10186
determination that the plan and allocation request are complete,	10187
the department shall approve or disapprove the plan and request,	10188
in whole or in part, according to the criteria developed pursuant	10189
to section 5119.61 of the Revised Code. The department's statement	10190
of approval or disapproval shall specify the inpatient and the	10191
community-based services that the department will operate for the	10192
board. Eligibility	10193

~~Eligibility~~ for state and federal funding shall be contingent	10194
upon an approved plan or relevant part of a plan. ~~The department~~	10195
~~may provide state and federal funding for services included in a~~	10196
~~plan only if the services are for individuals whose focus of~~	10197
~~treatment or prevention is a mental disorder according to the~~	10198
~~edition of the American psychiatric association's diagnostic and~~	10199
~~statistical manual of mental disorders that is current at the time~~	10200
~~the funding is provided. This shall include such services for~~	10201
~~individuals who have a mental disorder and a co-occurring~~	10202
~~substance use disorder, substance-induced disorder, chronic~~	10203
~~dementing organic mental disorder, mental retardation, or~~	10204
~~developmental disability. The department may not provide state or~~	10205
~~federal funding under a plan for a service for individuals whose~~	10206
~~focus of treatment or prevention is solely a substance use~~	10207
~~disorder, substance-induced disorder, chronic dementing organic~~	10208
~~mental disorder, mental retardation, or developmental disability.~~	10209

If the director disapproves all or part of any plan, the	10210
director shall inform the board of the reasons for the disapproval	10211
and of the criteria that must be met before the plan may be	10212
approved. The director shall provide the board an opportunity to	10213
present its case on behalf of the plan. The director shall give	10214
the board a reasonable time in which to meet the criteria, and	10215
shall offer the board technical assistance to help it meet the	10216
criteria.	10217

If the approval of a plan remains in dispute thirty days	10218
prior to the conclusion of the fiscal year in which the board's	10219
current plan is scheduled to expire, the board or the director may	10220
request that the dispute be submitted to a mutually agreed upon	10221
third-party mediator with the cost to be shared by the board and	10222
the department. The mediator shall issue to the board and the	10223
department recommendations for resolution of the dispute. Prior to	10224
the conclusion of the fiscal year in which the current plan is	10225
scheduled to expire, the director, taking into consideration the	10226
recommendations of the mediator, shall make a final determination	10227
and approve or disapprove the plan, in whole or in part.	10228

If a board determines that it is necessary to amend a plan or	10229
an allocation request that has been approved under division	10230
(A)(1)(c) of this section, the board shall submit a proposed	10231
amendment to the director. The director may approve or disapprove	10232
all or part of the amendment. If the director does not approve all	10233
or part of the amendment within thirty days after it is submitted,	10234
the amendment or part of it shall be considered to have been	10235
approved. The director shall inform the board of the reasons for	10236
disapproval of all or part of an amendment and of the criteria	10237
that must be met before the amendment may be approved. The	10238
director shall provide the board an opportunity to present its	10239
case on behalf of the amendment. The director shall give the board	10240
a reasonable time in which to meet the criteria, and shall offer	10241
the board technical assistance to help it meet the criteria.	10242

The board shall implement the plan approved by the	10243
department.	10244

(d) Receive, compile, and transmit to the department of	10245
mental health applications for state reimbursement;	10246

(e) Promote, arrange, and implement working agreements with	10247
social agencies, both public and private, and with judicial	10248
agencies.	10249

(2) Investigate, or request another agency to investigate,	10250
any complaint alleging abuse or neglect of any person receiving	10251
services from a community mental health agency as defined in	10252
section 5122.01 of the Revised Code, or from a residential	10253
facility licensed under section 5119.22 of the Revised Code. If	10254
the investigation substantiates the charge of abuse or neglect,	10255
the board shall take whatever action it determines is necessary to	10256
correct the situation, including notification of the appropriate	10257
authorities. Upon request, the board shall provide information	10258
about such investigations to the department.	10259

(3) For the purpose of section 5119.611 of the Revised Code,	10260
cooperate with the director of mental health in visiting and	10261
evaluating whether the services of a community mental health	10262
agency satisfy the certification standards established by rules	10263
adopted under that section;	10264

(4) In accordance with criteria established under division	10265
(G) of section 5119.61 of the Revised Code, review and evaluate	10266
the quality, effectiveness, and efficiency of services provided	10267
through its community mental health plan and submit its findings	10268
and recommendations to the department of mental health;	10269

(5) In accordance with section 5119.22 of the Revised Code,	10270
review applications for residential facility licenses and	10271
recommend to the department of mental health approval or	10272
disapproval of applications;	10273

(6) Audit, in accordance with rules adopted by the auditor of	10274
state pursuant to section 117.20 of the Revised Code, at least	10275
annually all programs and services provided under contract with	10276
the board. In so doing, the board may contract for or employ the	10277
services of private auditors. A copy of the fiscal audit report	10278
shall be provided to the director of mental health, the auditor of	10279
state, and the county auditor of each county in the board's	10280
district.	10281

(7) Recruit and promote local financial support for mental	10282
health programs from private and public sources;	10283

(8)(a) Enter into contracts with public and private	10284
facilities for the operation of facility services included in the	10285
board's community mental health plan and enter into contracts with	10286
public and private community mental health agencies for the	10287
provision of community mental health services that are listed in	10288
section 340.09 of the Revised Code and included in the board's	10289
community mental health plan. The board may not contract with a	10290
community mental health agency to provide community mental health	10291
services included in the board's community mental health plan	10292
unless the services are certified by the director of mental health	10293
under section 5119.611 of the Revised Code. Section 307.86 of the	10294
Revised Code does not apply to contracts entered into under this	10295
division. In contracting with a community mental health agency, a	10296
board shall consider the cost effectiveness of services provided	10297
by that agency and the quality and continuity of care, and may	10298
review cost elements, including salary costs, of the services to	10299
be provided. A utilization review process shall be established as	10300
part of the contract for services entered into between a board and	10301
a community mental health agency. The board may establish this	10302
process in a way that is most effective and efficient in meeting	10303
local needs. In the case of a contract with a community mental	10304
health facility, as defined in section 5111.023 of the Revised	10305
Code, to provide services listed in division (B) of that section,	10306
the contract shall provide for the facility to be paid in	10307
accordance with the contract entered into between the departments	10308
of job and family services and mental health under section	10309
5111.91 of the Revised Code and any rules adopted under division	10310
(A) of section 5119.61 of the Revised Code.	10311

If either the board or a facility or community mental health	10312
agency with which the board contracts under division (A)(8)(a) of	10313
this section proposes not to renew the contract or proposes	10314
substantial changes in contract terms, the other party shall be	10315
given written notice at least one hundred twenty days before the	10316
expiration date of the contract. During the first sixty days of	10317
this one hundred twenty-day period, both parties shall attempt to	10318
resolve any dispute through good faith collaboration and	10319
negotiation in order to continue to provide services to persons in	10320
need. If the dispute has not been resolved sixty days before the	10321
expiration date of the contract, either party may notify the	10322
department of mental health of the unresolved dispute. The	10323
director may require both parties to submit the dispute to a third	10324
party with the cost to be shared by the board and the facility or	10325
community mental health agency. The third party shall issue to the	10326
board, the facility or agency, and the department recommendations	10327
on how the dispute may be resolved twenty days prior to the	10328
expiration date of the contract, unless both parties agree to a	10329
time extension. The director shall adopt rules establishing the	10330
procedures of this dispute resolution process.	10331

(b) With the prior approval of the director of mental health,	10332
a board may operate a facility or provide a community mental	10333
health service as follows, if there is no other qualified private	10334
or public facility or community mental health agency that is	10335
immediately available and willing to operate such a facility or	10336
provide the service:	10337

(i) In an emergency situation, any board may operate a	10338
facility or provide a community mental health service in order to	10339
provide essential services for the duration of the emergency;	10340

(ii) In a service district with a population of at least one	10341
hundred thousand but less than five hundred thousand, a board may	10342
operate a facility or provide a community mental health service	10343
for no longer than one year;	10344

(iii) In a service district with a population of less than	10345
one hundred thousand, a board may operate a facility or provide a	10346
community mental health service for no longer than one year,	10347
except that such a board may operate a facility or provide a	10348
community mental health service for more than one year with the	10349
prior approval of the director and the prior approval of the board	10350
of county commissioners, or of a majority of the boards of county	10351
commissioners if the district is a joint-county district.	10352

The director shall not give a board approval to operate a	10353
facility or provide a community mental health service under	10354
division (A)(8)(b)(ii) or (iii) of this section unless the	10355
director determines that it is not feasible to have the department	10356
operate the facility or provide the service.	10357

The director shall not give a board approval to operate a	10358
facility or provide a community mental health service under	10359
division (A)(8)(b)(iii) of this section unless the director	10360
determines that the board will provide greater administrative	10361
efficiency and more or better services than would be available if	10362
the board contracted with a private or public facility or	10363
community mental health agency.	10364

The director shall not give a board approval to operate a	10365
facility previously operated by a person or other government	10366
entity unless the board has established to the director's	10367
satisfaction that the person or other government entity cannot	10368
effectively operate the facility or that the person or other	10369
government entity has requested the board to take over operation	10370
of the facility. The director shall not give a board approval to	10371
provide a community mental health service previously provided by a	10372
community mental health agency unless the board has established to	10373
the director's satisfaction that the agency cannot effectively	10374
provide the service or that the agency has requested the board	10375
take over providing the service.	10376

The director shall review and evaluate a board's operation of	10377
a facility and provision of community mental health service under	10378
division (A)(8)(b) of this section.	10379

Nothing in division (A)(8)(b) of this section authorizes a	10380
board to administer or direct the daily operation of any facility	10381
or community mental health agency, but a facility or agency may	10382
contract with a board to receive administrative services or staff	10383
direction from the board under the direction of the governing body	10384
of the facility or agency.	10385

(9) Approve fee schedules and related charges or adopt a unit	10386
cost schedule or other methods of payment for contract services	10387
provided by community mental health agencies in accordance with	10388
guidelines issued by the department as necessary to comply with	10389
state and federal laws pertaining to financial assistance;	10390

(10) Submit to the director and the county commissioners of	10391
the county or counties served by the board, and make available to	10392
the public, an annual report of the programs under the	10393
jurisdiction of the board, including a fiscal accounting;	10394

(11) Establish, to the extent resources are available, a	10395
community support system, which provides for treatment, support,	10396
and rehabilitation services and opportunities. The essential	10397
elements of the system include, but are not limited to, the	10398
following components in accordance with section 5119.06 of the	10399
Revised Code:	10400

(a) To locate persons in need of mental health services to	10401
inform them of available services and benefits mechanisms;	10402

(b) Assistance for clients to obtain services necessary to	10403
meet basic human needs for food, clothing, shelter, medical care,	10404
personal safety, and income;	10405

(c) Mental health care, including, but not limited to,	10406
outpatient, partial hospitalization, and, where appropriate,	10407
inpatient care;	10408

(d) Emergency services and crisis intervention;

10409

(e) Assistance for clients to obtain vocational services and	10410
opportunities for jobs;	10411

(f) The provision of services designed to develop social,	10412
community, and personal living skills;	10413

(g) Access to a wide range of housing and the provision of	10414
residential treatment and support;	10415

(h) Support, assistance, consultation, and education for	10416
families, friends, consumers of mental health services, and	10417
others;	10418

(i) Recognition and encouragement of families, friends,	10419
neighborhood networks, especially networks that include racial and	10420
ethnic minorities, churches, community organizations, and	10421
meaningful employment as natural supports for consumers of mental	10422
health services;	10423

(j) Grievance procedures and protection of the rights of	10424
consumers of mental health services;	10425

(k) Case management, which includes continual individualized	10426
assistance and advocacy to ensure that needed services are offered	10427
and procured.	10428

(12) Designate the treatment program, agency, or facility for	10429
each person involuntarily committed to the board pursuant to	10430
Chapter 5122. of the Revised Code and authorize payment for such	10431
treatment. The board shall provide the least restrictive and most	10432
appropriate alternative that is available for any person	10433
involuntarily committed to it and shall assure that the services	10434
listed in section 340.09 of the Revised Code are available to	10435
severely mentally disabled persons residing within its service	10436
district. The board shall establish the procedure for authorizing	10437
payment for services, which may include prior authorization in	10438
appropriate circumstances. The board may provide for services	10439
directly to a severely mentally disabled person when life or	10440
safety is endangered and when no community mental health agency is	10441
available to provide the service.	10442

(13) Establish a method for evaluating referrals for	10443
involuntary commitment and affidavits filed pursuant to section	10444
5122.11 of the Revised Code in order to assist the probate	10445
division of the court of common pleas in determining whether there	10446
is probable cause that a respondent is subject to involuntary	10447
hospitalization and what alternative treatment is available and	10448
appropriate, if any;	10449

(14) Ensure that apartments or rooms built, subsidized,	10450
renovated, rented, owned, or leased by the board or a community	10451
mental health agency have been approved as meeting minimum fire	10452
safety standards and that persons residing in the rooms or	10453
apartments are receiving appropriate and necessary services,	10454
including culturally relevant services, from a community mental	10455
health agency. This division does not apply to residential	10456
facilities licensed pursuant to section 5119.22 of the Revised	10457
Code.	10458

(15) Establish a mechanism for involvement of consumer	10459
recommendation and advice on matters pertaining to mental health	10460
services in the alcohol, drug addiction, and mental health service	10461
district;	10462

(16) Perform the duties under section 3722.18 of the Revised	10463
Code required by rules adopted under section 5119.61 of the	10464
Revised Code regarding referrals by the board or mental health	10465
agencies under contract with the board of individuals with mental	10466
illness or severe mental disability to adult care facilities and	10467
effective arrangements for ongoing mental health services for the	10468
individuals. The board is accountable in the manner specified in	10469
the rules for ensuring that the ongoing mental health services are	10470
effectively arranged for the individuals.	10471

(B) The board shall establish such rules, operating	10472
procedures, standards, and bylaws, and perform such other duties	10473
as may be necessary or proper to carry out the purposes of this	10474
chapter.	10475

(C) A board of alcohol, drug addiction, and mental health	10476
services may receive by gift, grant, devise, or bequest any	10477
moneys, lands, or property for the benefit of the purposes for	10478
which the board is established, and may hold and apply it	10479
according to the terms of the gift, grant, or bequest. All money	10480
received, including accrued interest, by gift, grant, or bequest	10481
shall be deposited in the treasury of the county, the treasurer of	10482
which is custodian of the alcohol, drug addiction, and mental	10483
health services funds to the credit of the board and shall be	10484
available for use by the board for purposes stated by the donor or	10485
grantor.	10486

(D) No board member or employee of a board of alcohol, drug	10487
addiction, and mental health services shall be liable for injury	10488
or damages caused by any action or inaction taken within the scope	10489
of the board member's official duties or the employee's	10490
employment, whether or not such action or inaction is expressly	10491
authorized by this section, section 340.033, or any other section	10492
of the Revised Code, unless such action or inaction constitutes	10493
willful or wanton misconduct. Chapter 2744. of the Revised Code	10494
applies to any action or inaction by a board member or employee of	10495
a board taken within the scope of the board member's official	10496
duties or employee's employment. For the purposes of this	10497
division, the conduct of a board member or employee shall not be	10498
considered willful or wanton misconduct if the board member or	10499
employee acted in good faith and in a manner that the board member	10500
or employee reasonably believed was in or was not opposed to the	10501
best interests of the board and, with respect to any criminal	10502
action or proceeding, had no reasonable cause to believe the	10503
conduct was unlawful.	10504

(E) The meetings held by any committee established by a board	10505
of alcohol, drug addiction, and mental health services shall be	10506
considered to be meetings of a public body subject to section	10507
121.22 of the Revised Code.	10508

Sec. 505.37. (A) The board of township trustees may	10509
establish all necessary rules to guard against the occurrence of	10510
fires and to protect the property and lives of the citizens	10511
against damage and accidents, and may, with the approval of the	10512
specifications by the prosecuting attorney or, if the township has	10513
adopted limited home rule government under Chapter 504. of the	10514
Revised Code, with the approval of the specifications by the	10515
township's law director, purchase, lease, lease with an option to	10516
purchase, or otherwise provide any fire apparatus, mechanical	10517
resuscitators, or other equipment, appliances, materials, fire	10518
hydrants, and water supply for fire-fighting purposes that seems	10519
advisable to the board. The board shall provide for the care and	10520
maintenance of fire equipment, and, for these purposes, may	10521
purchase, lease, lease with an option to purchase, or construct	10522
and maintain necessary buildings, and it may establish and	10523
maintain lines of fire-alarm communications within the limits of	10524
the township. The board may employ one or more persons to maintain	10525
and operate fire-fighting equipment, or it may enter into an	10526
agreement with a volunteer fire company for the use and operation	10527
of fire-fighting equipment. The board may compensate the members	10528
of a volunteer fire company on any basis and in any amount that it	10529
considers equitable.	10530

When the estimated cost to purchase fire apparatus,	10531
mechanical resuscitators, other equipment, appliances, materials,	10532
fire hydrants, buildings, or fire-alarm communications equipment	10533
or services exceeds fifty thousand dollars, the contract shall be	10534
let by competitive bidding. When competitive bidding is required,	10535
the board shall advertise for not less than two nor more than four	10536
consecutive weeks in a newspaper of general circulation within the	10537
township. The advertisement shall include the time, date, and	10538
place where the clerk of the township, or the clerk's designee,	10539
will read bids publicly. The time, date, and place of bid openings	10540
may be extended to a later date by the board of township trustees,	10541
provided that written or oral notice of the change shall be given	10542
to all persons who have received or requested specifications not	10543
later than ninety-six hours prior to the original time and date	10544
fixed for the opening. The board may reject all the bids or accept	10545
the lowest and best bid, provided that the successful bidder meets	10546
the requirements of section 153.54 of the Revised Code when the	10547
contract is for the construction, demolition, alteration, repair,	10548
or reconstruction of an improvement.	10549

(B) The boards of township trustees of any two or more	10550
townships, or the legislative authorities of any two or more	10551
political subdivisions, or any combination of these, may, through	10552
joint action, unite in the joint purchase, lease, lease with an	10553
option to purchase, maintenance, use, and operation of	10554
fire-fighting equipment, or for any other purpose designated in	10555
sections 505.37 to 505.42 of the Revised Code, and may prorate the	10556
expense of the joint action on any terms that are mutually agreed	10557
upon.	10558

(C) The board of township trustees of any township may, by	10559
resolution, whenever it is expedient and necessary to guard	10560
against the occurrence of fires or to protect the property and	10561
lives of the citizens against damages resulting from their	10562
occurrence, create a fire district of any portions of the township	10563
that it considers necessary. The board may purchase, lease, lease	10564
with an option to purchase, or otherwise provide any fire	10565
apparatus, appliances, materials, fire hydrants, and water supply	10566
for fire-fighting purposes, or may contract for the fire	10567
protection for the fire district as provided in section 9.60 of	10568
the Revised Code. The fire district so created shall be given a	10569
separate name by which it shall be known.	10570

Additional unincorporated territory of the township may be	10571
added to a fire district upon the board's adoption of a resolution	10572
authorizing the addition. A municipal corporation that is within	10573
or adjoining the township may be added to a fire district upon the	10574
board's adoption of a resolution authorizing the addition and the	10575
municipal legislative authority's adoption of a resolution or	10576
ordinance requesting the addition of the municipal corporation to	10577
the fire district.	10578

If the township fire district imposes a tax, additional	10579
unincorporated territory of the township or a municipal	10580
corporation that is within or adjoining the township shall become	10581
part of the fire district only after all of the following have	10582
occurred:	10583

(1) Adoption by the board of township trustees of a	10584
resolution approving the expansion of the territorial limits of	10585
the district and, if the resolution proposes to add a municipal	10586
corporation, adoption by the municipal legislative authority of a	10587
resolution or ordinance requesting the addition of the municipal	10588
corporation to the district;	10589

(2) Adoption by the board of township trustees of a	10590
resolution recommending the extension of the tax to the additional	10591
territory;	10592

(3) Approval of the tax by the electors of the territory	10593
proposed for addition to the district.	10594

Each resolution of the board adopted under division (C)(2) of	10595
this section shall state the name of the fire district, a	10596
description of the territory to be added, and the rate and	10597
termination date of the tax, which shall be the rate and	10598
termination date of the tax currently in effect in the fire	10599
district.	10600

The board of trustees shall certify each resolution adopted	10601
under division (C)(2) of this section to the board of elections in	10602
accordance with section 5705.19 of the Revised Code. The election	10603
required under division (C)(3) of this section shall be held,	10604
canvassed, and certified in the manner provided for the submission	10605
of tax levies under section 5705.25 of the Revised Code, except	10606
that the question appearing on the ballot shall read:	10607

"Shall the territory within ........................	10608
(description of the proposed territory to be added) be added to	10609
........................ (name) fire district, and a property tax	10610
at a rate of taxation not exceeding ...... (here insert tax rate)	10611
be in effect for .......... (here insert the number of years the	10612
tax is to be in effect or "a continuing period of time," as	10613
applicable)?"	10614

If the question is approved by at least a majority of the	10615
electors voting on it, the joinder shall be effective as of the	10616
first day of July of the year following approval, and on that	10617
date, the township fire district tax shall be extended to the	10618
taxable property within the territory that has been added. If the	10619
territory that has been added is a municipal corporation and if it	10620
had adopted a tax levy for fire purposes, the levy is terminated	10621
on the effective date of the joinder.	10622

Any municipal corporation may withdraw from a township fire	10623
district created under division (C) of this section by the	10624
adoption by the municipal legislative authority of a resolution or	10625
ordinance ordering withdrawal. On the first day of July of the	10626
year following the adoption of the resolution or ordinance of	10627
withdrawal, the municipal corporation withdrawing ceases to be a	10628
part of the district, and the power of the fire district to levy a	10629
tax upon taxable property in the withdrawing municipal corporation	10630
terminates, except that the fire district shall continue to levy	10631
and collect taxes for the payment of indebtedness within the	10632
territory of the fire district as it was composed at the time the	10633
indebtedness was incurred.	10634

Upon the withdrawal of any municipal corporation from a	10635
township fire district created under division (C) of this section,	10636
the county auditor shall ascertain, apportion, and order a	10637
division of the funds on hand, moneys and taxes in the process of	10638
collection except for taxes levied for the payment of	10639
indebtedness, credits, and real and personal property, either in	10640
money or in kind, on the basis of the valuation of the respective	10641
tax duplicates of the withdrawing municipal corporation and the	10642
remaining territory of the fire district.	10643

A board of township trustees may remove unincorporated	10644
territory of the township from the fire district upon the adoption	10645
of a resolution authorizing the removal. On the first day of July	10646
of the year following the adoption of the resolution, the	10647
unincorporated township territory described in the resolution	10648
ceases to be a part of the district, and the power of the fire	10649
district to levy a tax upon taxable property in that territory	10650
terminates, except that the fire district shall continue to levy	10651
and collect taxes for the payment of indebtedness within the	10652
territory of the fire district as it was composed at the time the	10653
indebtedness was incurred.	10654

(D) The board of township trustees of any township, the board	10655
of fire district trustees of a fire district created under section	10656
505.371 of the Revised Code, or the legislative authority of any	10657
municipal corporation may purchase, lease, or lease with an option	10658
to purchase the necessary fire-fighting equipment, buildings, and	10659
sites for the township, fire district, or municipal corporation	10660
and issue securities for that purpose with maximum maturities as	10661
provided in section 133.20 of the Revised Code. The board of	10662
township trustees, board of fire district trustees, or legislative	10663
authority may also construct any buildings necessary to house	10664
fire-fighting equipment and issue securities for that purpose with	10665
maximum maturities as provided in section 133.20 of the Revised	10666
Code.	10667

The board of township trustees, board of fire district	10668
trustees, or legislative authority may issue the securities of the	10669
township, fire district, or municipal corporation, signed by the	10670
board or designated officer of the municipal corporation and	10671
attested by the signature of the township fiscal officer, fire	10672
district clerk, or municipal clerk, covering any deferred payments	10673
and payable at the times provided, which securities shall bear	10674
interest not to exceed the rate determined as provided in section	10675
9.95 of the Revised Code, and shall not be subject to Chapter 133.	10676
of the Revised Code. The legislation authorizing the issuance of	10677
the securities shall provide for levying and collecting annually	10678
by taxation, amounts sufficient to pay the interest on and	10679
principal of the securities. The securities shall be offered for	10680
sale on the open market or given to the vendor or contractor if no	10681
sale is made.	10682

Section 505.40 of the Revised Code does not apply to any	10683
securities issued, or any lease with an option to purchase entered	10684
into, in accordance with this division.	10685

(E) A board of township trustees of any township or a board	10686
of fire district trustees of a fire district created under section	10687
505.371 of the Revised Code may purchase a policy or policies of	10688
liability insurance for the officers, employees, and appointees of	10689
the fire department, fire district, or joint fire district	10690
governed by the board that includes personal injury liability	10691
coverage as to the civil liability of those officers, employees,	10692
and appointees for false arrest, detention, or imprisonment,	10693
malicious prosecution, libel, slander, defamation or other	10694
violation of the right of privacy, wrongful entry or eviction, or	10695
other invasion of the right of private occupancy, arising out of	10696
the performance of their duties.	10697

When a board of township trustees cannot, by deed of gift or	10698
by purchase and upon terms it considers reasonable, procure land	10699
for a township fire station that is needed in order to respond in	10700
reasonable time to a fire or medical emergency, the board may	10701
appropriate land for that purpose under sections 163.01 to 163.22	10702
of the Revised Code. If it is necessary to acquire additional	10703
adjacent land for enlarging or improving the fire station, the	10704
board may purchase, appropriate, or accept a deed of gift for the	10705
land for these purposes.	10706

(F) As used in this division, "emergency medical service	10707
organization" has the same meaning as in section 4766.01 of the	10708
Revised Code.	10709

A board of township trustees, by adoption of an appropriate	10710
resolution, may choose to have the Ohio medical transportation	10711
board license any emergency medical service organization it	10712
operates. If the board adopts such a resolution, Chapter 4766. of	10713
the Revised Code, except for sections 4766.06 and 4766.99 of the	10714
Revised Code, applies to the organization. All rules adopted	10715
under the applicable sections of that chapter also apply to the	10716
organization. A board of township trustees, by adoption of an	10717
appropriate resolution, may remove its emergency medical service	10718
organization from the jurisdiction of the Ohio medical	10719
transportation board.	10720

Sec. 505.376. When any expenditure of a fire and ambulance	10721
district, other than for the compensation of district employees,	10722
exceeds ~~twenty-five~~fifty thousand dollars, the contract for the	10723
expenditure shall be in writing and made with the lowest and best	10724
bidder after advertising for not less than two nor more than four	10725
consecutive weeks in a newspaper of general circulation within the	10726
district. The bids shall be opened and shall be publicly read by	10727
the clerk of the district, or the clerk's designee, at the time,	10728
date, and place specified in the advertisement to bidders or the	10729
specifications. The time, date, and place of bid openings may be	10730
extended to a later date by the board of trustees of the district,	10731
provided that written or oral notice of the change shall be given	10732
to all persons who have received or requested specifications no	10733
later than ninety-six hours prior to the original time and date	10734
fixed for the opening.	10735

Each bid on any contract shall contain the full name of every	10736
person interested in the bid. If the bid is for a contract for the	10737
construction, demolition, alteration, repair, or reconstruction of	10738
an improvement, it shall meet the requirements of section 153.54	10739
of the Revised Code. If the bid is for any other contract, it	10740
shall be accompanied by a sufficient bond or certified check,	10741
cashier's check, or money order on a solvent bank or savings and	10742
loan association that, if the bid is accepted, a contract will be	10743
entered into and the performance of it will be properly secured.	10744
If the bid for work embraces both labor and material, it shall be	10745
separately stated, with the price of the labor and the material.	10746
The board may reject any and all bids. The contract shall be	10747
between the district and the bidder, and the district shall pay	10748
the contract price in cash. When a bonus is offered for completion	10749
of a contract prior to a specified date, the board may exact a	10750
prorated penalty in like sum for each day of delay beyond the	10751
specified date. When there is reason to believe there is collusion	10752
or combination among bidders, the bids of those concerned shall	10753
be rejected.	10754

Sec. 505.705. A board of township trustees may agree to	10755
appropriate township general revenue fund moneys to, and may agree	10756
to grant or lend moneys from the township general revenue fund to,	10757
any political subdivision with authority to provide water or,	10758
sanitary sewerage ~~services~~, or ~~both, to~~storm water drainage	10759
within the township, for the purpose of providing moneys to the	10760
political subdivision to pay for the planning of or actual costs,	10761
fees, debt retirement, or any other expense, including, but not	10762
limited to, administrative and professional fees, incurred in	10763
supplying one or more of these purposes within the township, or	10764
the planning of or actual construction, maintenance, repair, ~~and~~	10765
or operation of water or, sanitary sewerage ~~systems~~, or ~~both, that~~	10766
~~service~~storm water drainage within the township. A board of	10767
township trustees that grants or lends moneys to a political	10768
subdivision for this purpose shall expressly state the terms of	10769
the grant or loan agreement in a written memorandum.	10770

Sec. 517.08. The proceeds arising from the sale of cemetery	10771
lots under section 517.07 of the Revised Code shall be used in	10772
maintaining, improving, beautifying, and embellishing such	10773
grounds, except that upon unanimous consent of the board of	10774
township trustees, such proceeds may be used in the purchase or	10775
appropriation of additional land for cemetery purposes in	10776
accordance with sections 517.01 and 517.13 of the Revised Code;	10777
and the board of township trustees may build and maintain proper	10778
and secure fences around all such cemeteries, to be paid for from	10779
the township funds.	10780

Sec. 519.12. (A)(1) Amendments to the zoning resolution may	10781
be initiated by motion of the township zoning commission, by the	10782
passage of a resolution by the board of township trustees, or by	10783
the filing of an application by one or more of the owners or	10784
lessees of property within the area proposed to be changed or	10785
affected by the proposed amendment with the township zoning	10786
commission. The board of township trustees may require that the	10787
owner or lessee of property filing an application to amend the	10788
zoning resolution pay a fee to defray the cost of advertising,	10789
mailing, filing with the county recorder, and other expenses. If	10790
the board of township trustees requires such a fee, it shall be	10791
required generally, for each application. The board of township	10792
trustees, upon the passage of such a resolution, shall certify it	10793
to the township zoning commission.	10794

(2) Upon the adoption of a motion by the township zoning	10795
commission, the certification of a resolution by the board of	10796
township trustees to the commission, or the filing of an	10797
application by property owners or lessees as described in division	10798
(A)(1) of this section with the commission, the commission shall	10799
set a date for a public hearing, which date shall not be less than	10800
twenty nor more than forty days from the date of the certification	10801
of such a resolution, the date of adoption of such a motion, or	10802
the date of the filing of such an application. Notice of the	10803
hearing shall be given by the commission by one publication in one	10804
or more newspapers of general circulation in the township at least	10805
ten days before the date of the hearing.	10806

(B) If the proposed amendment intends to rezone or redistrict	10807
ten or fewer parcels of land, as listed on the county auditor's	10808
current tax list, written notice of the hearing shall be mailed by	10809
the township zoning commission, by first class mail, at least ten	10810
days before the date of the public hearing to all owners of	10811
property within and contiguous to and directly across the street	10812
from the area proposed to be rezoned or redistricted to the	10813
addresses of those owners appearing on the county auditor's	10814
current tax list. The failure of delivery of that notice shall not	10815
invalidate any such amendment.	10816

(C) If the proposed amendment intends to rezone or redistrict	10817
ten or fewer parcels of land as listed on the county auditor's	10818
current tax list, the published and mailed notices shall set forth	10819
the time, date, and place of the public hearing and include all of	10820
the following:	10821

(1) The name of the township zoning commission that will be	10822
conducting the hearing;	10823

(2) A statement indicating that the motion, resolution, or	10824
application is an amendment to the zoning resolution;	10825

(3) A list of the addresses of all properties to be rezoned	10826
or redistricted by the proposed amendment and of the names of	10827
owners of those properties, as they appear on the county auditor's	10828
current tax list;	10829

(4) The present zoning classification of property named in	10830
the proposed amendment and the proposed zoning classification of	10831
that property;	10832

(5) The time and place where the motion, resolution, or	10833
application proposing to amend the zoning resolution will be	10834
available for examination for a period of at least ten days prior	10835
to the hearing;	10836

(6) The name of the person responsible for giving notice of	10837
the hearing by publication, by mail, or by both publication and	10838
mail;	10839

(7) A statement that, after the conclusion of the hearing,	10840
the matter will be submitted to the board of township trustees for	10841
its action;	10842

(8) Any other information requested by the commission.

10843

(D) If the proposed amendment alters the text of the zoning	10844
resolution, or rezones or redistricts more than ten parcels of	10845
land as listed on the county auditor's current tax list, the	10846
published notice shall set forth the time, date, and place of the	10847
public hearing and include all of the following:	10848

(1) The name of the township zoning commission that will be	10849
conducting the hearing on the proposed amendment;	10850

(2) A statement indicating that the motion, application, or	10851
resolution is an amendment to the zoning resolution;	10852

(3) The time and place where the text and maps of the	10853
proposed amendment will be available for examination for a period	10854
of at least ten days prior to the hearing;	10855

(4) The name of the person responsible for giving notice of	10856
the hearing by publication;	10857

(5) A statement that, after the conclusion of the hearing,	10858
the matter will be submitted to the board of township trustees for	10859
its action;	10860

(6) Any other information requested by the commission.

10861

(E) Within five days after the adoption of the motion	10862
described in division (A) of this section, the certification of	10863
the resolution described in division (A) of this section, or the	10864
filing of the application described in division (A) of this	10865
section, the township zoning commission shall transmit a copy of	10866
it together with text and map pertaining to it to the county or	10867
regional planning commission, if there is such a commission.	10868

The county or regional planning commission shall recommend	10869
the approval or denial of the proposed amendment or the approval	10870
of some modification of it and shall submit its recommendation to	10871
the township zoning commission. The recommendation shall be	10872
considered at the public hearing held by the township zoning	10873
commission on the proposed amendment.	10874

The township zoning commission, within thirty days after the	10875
hearing, shall recommend the approval or denial of the proposed	10876
amendment, or the approval of some modification of it, and submit	10877
that recommendation together with the motion, application, or	10878
resolution involved, the text and map pertaining to the proposed	10879
amendment, and the recommendation of the county or regional	10880
planning commission on it to the board of township trustees.	10881

The board of township trustees, upon receipt of that	10882
recommendation, shall set a time for a public hearing on the	10883
proposed amendment, which date shall not be more than thirty days	10884
from the date of the receipt of that recommendation. Notice of the	10885
hearing shall be given by the board by one publication in one or	10886
more newspapers of general circulation in the township, at least	10887
ten days before the date of the hearing.	10888

(F) If the proposed amendment intends to rezone or redistrict	10889
ten or fewer parcels of land as listed on the county auditor's	10890
current tax list, the published notice shall set forth the time,	10891
date, and place of the public hearing and include all of the	10892
following:	10893

(1) The name of the board of township trustees that will be	10894
conducting the hearing;	10895

(2) A statement indicating that the motion, application, or	10896
resolution is an amendment to the zoning resolution;	10897

(3) A list of the addresses of all properties to be rezoned	10898
or redistricted by the proposed amendment and of the names of	10899
owners of those properties, as they appear on the county auditor's	10900
current tax list;	10901

(4) The present zoning classification of property named in	10902
the proposed amendment and the proposed zoning classification of	10903
that property;	10904

(5) The time and place where the motion, application, or	10905
resolution proposing to amend the zoning resolution will be	10906
available for examination for a period of at least ten days prior	10907
to the hearing;	10908

(6) The name of the person responsible for giving notice of	10909
the hearing by publication, by mail, or by both publication and	10910
mail;	10911

(7) Any other information requested by the board.

10912

(G) If the proposed amendment alters the text of the zoning	10913
resolution, or rezones or redistricts more than ten parcels of	10914
land as listed on the county auditor's current tax list, the	10915
published notice shall set forth the time, date, and place of the	10916
public hearing and include all of the following:	10917

(1) The name of the board of township trustees that will be	10918
conducting the hearing on the proposed amendment;	10919

(2) A statement indicating that the motion, application, or	10920
resolution is an amendment to the zoning resolution;	10921

(3) The time and place where the text and maps of the	10922
proposed amendment will be available for examination for a period	10923
of at least ten days prior to the hearing;	10924

(4) The name of the person responsible for giving notice of	10925
the hearing by publication;	10926

(5) Any other information requested by the board.

10927

(H) Within twenty days after its public hearing, the board of	10928
township trustees shall either adopt or deny the recommendations	10929
of the township zoning commission or adopt some modification of	10930
them. If the board denies or modifies the commission's	10931
recommendations, ~~the unanimous~~a two-thirds vote of the board	10932
shall be required.	10933

The proposed amendment, if adopted by the board, shall become	10934
effective in thirty days after the date of its adoption, unless,	10935
within thirty days after the adoption, there is presented to the	10936
board of township trustees a petition, signed by a number of	10937
registered electors residing in the unincorporated area of the	10938
township or part of that unincorporated area included in the	10939
zoning plan equal to not less than eight per cent of the total	10940
vote cast for all candidates for governor in that area at the most	10941
recent general election at which a governor was elected,	10942
requesting the board of township trustees to submit the amendment	10943
to the electors of that area for approval or rejection at a	10944
special election to be held on the day of the next primary or	10945
general election that occurs at least seventy-five days after the	10946
petition is filed. Each part of this petition shall contain the	10947
number and the full and correct title, if any, of the zoning	10948
amendment resolution, motion, or application, furnishing the name	10949
by which the amendment is known and a brief summary of its	10950
contents. In addition to meeting the requirements of this section,	10951
each petition shall be governed by the rules specified in section	10952
3501.38 of the Revised Code.	10953

The form of a petition calling for a zoning referendum and	10954
the statement of the circulator shall be substantially as follows:	10955

"PETITION FOR ZONING REFERENDUM

10956

(if the proposal is identified by a particular name or number, or	10957
both, these should be inserted here) .......................	10958

A proposal to amend the zoning map of the unincorporated area	10959
of ............. Township, ................. County, Ohio, adopted	10960
.....(date)..... (followed by brief summary of the proposal).	10961

To the Board of Township Trustees of .....................	10962
Township, ................. County, Ohio:	10963

~~...................... County, Ohio:~~

10964

We, the undersigned, being electors residing in the	10965
unincorporated area of ....................... Township, included	10966
within the ............. Township Zoning Plan, equal to not less	10967
than eight per cent of the total vote cast for all candidates for	10968
governor in the area at the preceding general election at which a	10969
governor was elected, request the Board of Township Trustees to	10970
submit this amendment of the zoning resolution to the electors of	10971
........................ Township residing within the	10972
unincorporated area of the township included in the	10973
.................. Township Zoning Resolution, for approval or	10974
rejection at a special election to be held on the day of the	10975
primary or general election to be held on .....(date).....,	10976
pursuant to section 519.12 of the Revised Code.	10977

	Street Address				Date of		10978
Signature	or R.F.D.	Township	Precinct	County	Signing		10979

..............................................................

10980

..............................................................

10981

STATEMENT OF CIRCULATOR

10982

I, .............(name of circulator).........., declare under	10983
penalty of election falsification that I am an elector of the	10984
state of Ohio and reside at the address appearing below my	10985
signature; that I am the circulator of the foregoing part petition	10986
containing .......(number)....... signatures; that I have	10987
witnessed the affixing of every signature; that all signers were	10988
to the best of my knowledge and belief qualified to sign; and that	10989
every signature is to the best of my knowledge and belief the	10990
signature of the person whose signature it purports to be or of an	10991
attorney in fact acting pursuant to section 3501.382 of the	10992
Revised Code.	10993

	................................		10994
	(Signature of circulator)		10995
	................................		10996
	(Address of circulator's permanent		10997
	residence in this state)		10998
	................................		10999
	(City, village, or township,		11000
	and zip code)		11001

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	11002
OF THE FIFTH DEGREE."	11003

The petition shall be filed with the board of township	11004
trustees and shall be accompanied by an appropriate map of the	11005
area affected by the zoning proposal. Within two weeks after	11006
receiving a petition filed under this section, the board of	11007
township trustees shall certify the petition to the board of	11008
elections. A petition filed under this section shall be certified	11009
to the board of elections not less than seventy-five days prior to	11010
the election at which the question is to be voted upon.	11011

The board of elections shall determine the sufficiency and	11012
validity of each petition certified to it by a board of township	11013
trustees under this section. If the board of elections determines	11014
that a petition is sufficient and valid, the question shall be	11015
voted upon at a special election to be held on the day of the next	11016
primary or general election that occurs at least seventy-five days	11017
after the date the petition is filed with the board of township	11018
trustees, regardless of whether any election will be held to	11019
nominate or elect candidates on that day.	11020

No amendment for which such a referendum vote has been	11021
requested shall be put into effect unless a majority of the vote	11022
cast on the issue is in favor of the amendment. Upon certification	11023
by the board of elections that the amendment has been approved by	11024
the voters, it shall take immediate effect.	11025

Within five working days after an amendment's effective date,	11026
the board of township trustees shall file the text and maps of the	11027
amendment in the office of the county recorder and with the county	11028
or regional planning commission, if one exists.	11029

The failure to file any amendment, or any text and maps, or	11030
duplicates of any of these documents, with the office of the	11031
county recorder or the county or regional planning commission as	11032
required by this section does not invalidate the amendment and is	11033
not grounds for an appeal of any decision of the board of zoning	11034
appeals.	11035

Sec. 711.001. As used in this chapter:

11036

(A) "Plat" means a map of a tract or parcel of land.

11037

(B) "Subdivision" means either of the following:

11038

(1) The division of any parcel of land shown as a unit or as	11039
contiguous units on the last preceding general tax list and	11040
duplicate of real and public utility property, into two or more	11041
parcels, sites, or lots, any one of which is less than five acres	11042
for the purpose, whether immediate or future, of transfer of	11043
ownership, provided, however, that the following are exempt:	11044

(a) A division or partition of land into parcels of more than	11045
five acres not involving any new streets or easements of access;	11046

(b) The sale or exchange of parcels between adjoining lot	11047
owners, where that sale or exchange does not create additional	11048
building sites;	11049

(c) If the planning authority adopts a rule in accordance	11050
with section 711.133 of the Revised Code that exempts from	11051
division (B)(1) of this section any parcel of land that is four	11052
acres or more, parcels in the size range delineated in that rule.	11053

(2) The improvement of one or more parcels of land for	11054
residential, commercial, or industrial structures or groups of	11055
structures involving the division or allocation of land for the	11056
opening, widening, or extension of any public or private street or	11057
streets, except private streets serving industrial structures, or	11058
involving the division or allocation of land as open spaces for	11059
common use by owners, occupants, or leaseholders or as easements	11060
for the extension and maintenance of public or private sewer,	11061
water, storm drainage, or other similar facilities.	11062

(C) "Household sewage treatment system" has the same meaning	11063
as in section 3709.091 of the Revised Code.	11064

Sec. 711.05. (A) Upon the submission of a plat for approval,	11065
in accordance with section 711.041 of the Revised Code, the board	11066
of county commissioners shall certify on it the date of the	11067
submission. Within five days of submission of the plat, the board	11068
shall schedule a meeting to consider the plat and send a written	11069
notice by regular mail to the fiscal officer of the board of	11070
township trustees of the township in which the plat is located and	11071
the board of health of the health district in which the plat is	11072
located. The notice shall inform the trustees and the board of	11073
health of the submission of the plat and of the date, time, and	11074
location of any meeting at which the board of county commissioners	11075
will consider or act upon the proposed plat. The meeting shall	11076
take place within thirty days of submission of the plat, and no	11077
meeting shall be held until at least seven days have passed from	11078
the date the notice was sent by the board of county commissioners.	11079
The approval of the board required by section 711.041 of the	11080
Revised Code or the refusal to approve shall take place within	11081
thirty days from the date of submission or such further time as	11082
the applying party may agree to in writing; otherwise, the plat is	11083
deemed approved and may be recorded as if bearing such approval.	11084

(B) The board may adopt general rules governing plats and	11085
subdivisions of land falling within its jurisdiction, to secure	11086
and provide for the coordination of the streets within the	11087
subdivision with existing streets and roads or with existing	11088
county highways, for the proper amount of open spaces for traffic,	11089
circulation, and utilities, and for the avoidance of future	11090
congestion of population detrimental to the public health, safety,	11091
or welfare, but shall not impose a greater minimum lot area than	11092
forty-eight hundred square feet. Before the board may amend or	11093
adopt rules, it shall notify all the townships in the county of	11094
the proposed amendments or rules by regular mail at least thirty	11095
days before the public meeting at which the proposed amendments or	11096
rules are to be considered.	11097

The rules may require the board of health to review and	11098
comment on a plat before the board of county commissioners acts	11099
upon it and may also require proof of compliance with any	11100
applicable zoning resolutions, and with rules governing household	11101
sewage treatment ~~rules adopted under section 3718.02 of the~~	11102
~~Revised Code~~systems, as a basis for approval of a plat. Where	11103
under section 711.101 of the Revised Code the board of county	11104
commissioners has set up standards and specifications for the	11105
construction of streets, utilities, and other improvements for	11106
common use, the general rules may require the submission of	11107
appropriate plans and specifications for approval. The board shall	11108
not require the person submitting the plat to alter the plat or	11109
any part of it as a condition for approval, as long as the plat is	11110
in accordance with general rules governing plats and subdivisions	11111
of land, adopted by the board as provided in this section, in	11112
effect at the time the plat was submitted and the plat is in	11113
accordance with any standards and specifications set up under	11114
section 711.101 of the Revised Code, in effect at the time the	11115
plat was submitted.	11116

(C) The ground of refusal to approve any plat, submitted in	11117
accordance with section 711.041 of the Revised Code, shall be	11118
stated upon the record of the board, and, within sixty days	11119
thereafter, the person submitting any plat that the board refuses	11120
to approve may file a petition in the court of common pleas of the	11121
county in which the land described in the plat is situated to	11122
review the action of the board. A board of township trustees is	11123
not entitled to appeal a decision of the board of county	11124
commissioners under this section.	11125

Sec. 711.10. (A) Whenever a county planning commission or a	11126
regional planning commission adopts a plan for the major streets	11127
or highways of the county or region, no plat of a subdivision of	11128
land within the county or region, other than land within a	11129
municipal corporation or land within three miles of a city or one	11130
and one-half miles of a village as provided in section 711.09 of	11131
the Revised Code, shall be recorded until it is approved by the	11132
county or regional planning commission under division (C) of this	11133
section and the approval is endorsed in writing on the plat.	11134

(B) A county or regional planning commission may require the	11135
submission of a preliminary plan for each plat sought to be	11136
recorded. If the commission requires this submission, it shall	11137
provide for a review process for the preliminary plan. Under this	11138
review process, the planning commission shall give its approval,	11139
its approval with conditions, or its disapproval of each	11140
preliminary plan. The commission's decision shall be in writing,	11141
shall be under the signature of the secretary of the commission,	11142
and shall be issued within thirty-five business days after the	11143
submission of the preliminary plan to the commission. The	11144
disapproval of a preliminary plan shall state the reasons for the	11145
disapproval. A decision of the commission under this division is	11146
preliminary to and separate from the commission's decision to	11147
approve, conditionally approve, or refuse to approve a plat under	11148
division (C) of this section.	11149

(C) Within five calendar days after the submission of a plat	11150
for approval under this division, the county or regional planning	11151
commission shall schedule a meeting to consider the plat and send	11152
a notice by regular mail or by electronic mail to the fiscal	11153
officer of the board of township trustees of the township in which	11154
the plat is located and the board of health of the health district	11155
in which the plat is located. The notice shall inform the trustees	11156
and the board of health of the submission of the plat and of the	11157
date, time, and location of any meeting at which the county or	11158
regional planning commission will consider or act upon the plat.	11159
The meeting shall take place within thirty calendar days after	11160
submission of the plat, and no meeting shall be held until at	11161
least seven calendar days have passed from the date the planning	11162
commission sent the notice.	11163

The approval of the county or regional planning commission,	11164
the commission's conditional approval as described in this	11165
division, or the refusal of the commission to approve shall be	11166
endorsed on the plat within thirty calendar days after the	11167
submission of the plat for approval under this division or within	11168
such further time as the applying party may agree to in writing;	11169
otherwise that plat is deemed approved, and the certificate of the	11170
commission as to the date of the submission of the plat for	11171
approval under this division and the failure to take action on it	11172
within that time shall be sufficient in lieu of the written	11173
endorsement or evidence of approval required by this division.	11174

A county or regional planning commission may grant	11175
conditional approval under this division to a plat by requiring a	11176
person submitting the plat to alter the plat or any part of it,	11177
within a specified period after the end of the thirty calendar	11178
days, as a condition for final approval under this division. Once	11179
all the conditions have been met within the specified period, the	11180
commission shall cause its final approval under this division to	11181
be endorsed on the plat. No plat shall be recorded until it is	11182
endorsed with the commission's final or unconditional approval	11183
under this division.	11184

The ground of refusal of approval of any plat submitted under	11185
this division, including citation of or reference to the rule	11186
violated by the plat, shall be stated upon the record of the	11187
county or regional planning commission. Within sixty calendar days	11188
after the refusal under this division, the person submitting any	11189
plat that the commission refuses to approve under this division	11190
may file a petition in the court of common pleas of the proper	11191
county, and the proceedings on the petition shall be governed by	11192
section 711.09 of the Revised Code as in the case of the refusal	11193
of a planning authority to approve a plat. A board of township	11194
trustees is not entitled to appeal a decision of the commission	11195
under this division.	11196

A county or regional planning commission shall adopt general	11197
rules, of uniform application, governing plats and subdivisions of	11198
land falling within its jurisdiction, to secure and provide for	11199
the proper arrangement of streets or other highways in relation to	11200
existing or planned streets or highways or to the county or	11201
regional plan, for adequate and convenient open spaces for	11202
traffic, utilities, access of firefighting apparatus, recreation,	11203
light, and air, and for the avoidance of congestion of population.	11204
The rules may provide for their modification by the commission in	11205
specific cases where unusual topographical and other exceptional	11206
conditions require the modification. The rules may require the	11207
board of health to review and comment on a plat before the	11208
commission acts upon it and also may require proof of compliance	11209
with any applicable zoning resolutions, and with rules governing	11210
household sewage treatment ~~rules adopted under section 3718.02 of~~	11211
~~the Revised Code~~systems, as a basis for approval of a plat.	11212

Before adoption of its rules or amendment of its rules, the	11213
commission shall hold a public hearing on the adoption or	11214
amendment. Notice of the public hearing shall be sent to all	11215
townships in the county or region by regular mail or electronic	11216
mail at least thirty business days before the hearing. No county	11217
or regional planning commission shall adopt any rules requiring	11218
actual construction of streets or other improvements or facilities	11219
or assurance of that construction as a condition precedent to the	11220
approval of a plat of a subdivision unless the requirements have	11221
first been adopted by the board of county commissioners after a	11222
public hearing. A copy of the rules shall be certified by the	11223
planning commission to the county recorders of the appropriate	11224
counties.	11225

After a county or regional street or highway plan has been	11226
adopted as provided in this section, the approval of plats and	11227
subdivisions provided for in this section shall be in lieu of any	11228
approvals provided for in other sections of the Revised Code,	11229
insofar as the territory within the approving jurisdiction of the	11230
county or regional planning commission, as provided in this	11231
section, is concerned. Approval of a plat shall not be an	11232
acceptance by the public of the dedication of any street, highway,	11233
or other way or open space shown upon the plat.	11234

No county or regional planning commission shall require a	11235
person submitting a plat to alter the plat or any part of it as	11236
long as the plat is in accordance with the general rules governing	11237
plats and subdivisions of land, adopted by the commission as	11238
provided in this section, in effect at the time the plat is	11239
submitted.	11240

A county or regional planning commission and a city or	11241
village planning commission, or platting commissioner or	11242
legislative authority of a village, with subdivision regulation	11243
jurisdiction over unincorporated territory within the county or	11244
region may cooperate and agree by written agreement that the	11245
approval of a plat by the city or village planning commission, or	11246
platting commissioner or legislative authority of a village, as	11247
provided in section 711.09 of the Revised Code, shall be	11248
conditioned upon receiving advice from or approval by the county	11249
or regional planning commission.	11250

(D) As used in this section, "business day" means a day of	11251
the week excluding Saturday, Sunday, or a legal holiday as defined	11252
in section 1.14 of the Revised Code.	11253

Sec. 711.131. (A) Notwithstanding sections 711.001 to 711.13	11254
of the Revised Code and except as provided in division (C) of this	11255
section, unless the rules adopted under section 711.05, 711.09, or	11256
711.10 of the Revised Code are amended pursuant to division (B) of	11257
this section, a proposed division of a parcel of land along an	11258
existing public street, not involving the opening, widening, or	11259
extension of any street or road, and involving no more than five	11260
lots after the original tract has been completely subdivided, may	11261
be submitted to the planning authority having approving	11262
jurisdiction of plats under section 711.05, 711.09, or 711.10 of	11263
the Revised Code for approval without plat. If the authority	11264
acting through a properly designated representative finds that a	11265
proposed division is not contrary to applicable platting,	11266
subdividing, zoning, health, sanitary, or access management	11267
regulations, regulations adopted under division (B)(3) of section	11268
307.37 of the Revised Code regarding existing surface or	11269
subsurface drainage, or ~~household sewage treatment rules adopted~~	11270
~~under section 3718.02 of the Revised Code, including, but not~~	11271
~~limited to,~~ rules governing household sewage ~~disposal~~treatment	11272
systems, it shall approve the proposed division within seven	11273
business days after its submission and, on presentation of a	11274
conveyance of the parcel, shall stamp the conveyance "approved by	11275
(planning authority); no plat required" and have it signed by its	11276
clerk, secretary, or other official as may be designated by it.	11277
The planning authority may require the submission of a sketch and	11278
other information that is pertinent to its determination under	11279
this division.	11280

(B) For a period of up to two years after ~~the effective date~~	11281
~~of this amendment~~April 15, 2005, the rules adopted under section	11282
711.05, 711.09, or 711.10 of the Revised Code may be amended	11283
within that period to authorize the planning authority involved to	11284
approve proposed divisions of parcels of land without plat under	11285
this division. If an authority so amends its rules, it may approve	11286
no more than five lots without a plat from an original tract as	11287
that original tract exists on the effective date of the amendment	11288
to the rules. The authority shall make the findings and approve a	11289
proposed division in the time and manner specified in division (A)	11290
of this section.	11291

(C) This section does not apply to parcels subject to section	11292
711.133 of the Revised Code.	11293

(D) As used in this section:

11294

~~(1)~~, "~~Business~~business day" means a day of the week	11295
excluding Saturday, Sunday, or a legal holiday as defined in	11296
section 1.14 of the Revised Code.	11297

~~(2) "Household sewage disposal system" has the same meaning~~	11298
~~as in section 3709.091 of the Revised Code.~~	11299

Sec. 718.051. (A) As used in this section, "Ohio business	11300
gateway" means the online computer network system, ~~initially~~	11301
~~created~~maintained by the ~~department of administrative services~~	11302
office of information technology under section ~~125.30~~126.18 of	11303
the Revised Code, that allows private businesses to electronically	11304
file business reply forms with state agencies and includes any	11305
successor electronic filing and payment system.	11306

(B) Notwithstanding section 718.05 of the Revised Code, on	11307
and after January 1, 2005, any taxpayer that is subject to any	11308
municipal corporation's tax on the net profit from a business or	11309
profession and has received an extension to file the federal	11310
income tax return shall not be required to notify the municipal	11311
corporation of the federal extension and shall not be required to	11312
file any municipal income tax return until the last day of the	11313
month to which the due date for filing the federal return has been	11314
extended, provided that, on or before the date for filing the	11315
municipal income tax return, the person notifies the tax	11316
commissioner of the federal extension through the Ohio business	11317
gateway. An extension of time to file is not an extension of the	11318
time to pay any tax due.	11319

(C) For taxable years beginning on or after January 1, 2005,	11320
a taxpayer subject to any municipal corporation's tax on the net	11321
profit from a business or profession may file any municipal income	11322
tax return or estimated municipal income return, and may make	11323
payment of amounts shown to be due on such returns, by using the	11324
Ohio business gateway.	11325

(D)(1) As used in this division, "qualifying wages" has the	11326
same meaning as in section 718.03 of the Revised Code.	11327

(2) Any employer may report the amount of municipal income	11328
tax withheld from qualifying wages paid on or after January 1,	11329
2007, and may make remittance of such amounts, by using the Ohio	11330
business gateway.	11331

(E) Nothing in this section affects the due dates for filing	11332
employer withholding tax returns.	11333

(F) No municipal corporation shall be required to pay any fee	11334
or charge for the operation or maintenance of the Ohio business	11335
gateway.	11336

(G) The use of the Ohio business gateway by municipal	11337
corporations, taxpayers, or other persons pursuant to this section	11338
does not affect the legal rights of municipalities or taxpayers as	11339
otherwise permitted by law. This state shall not be a party to the	11340
administration of municipal income taxes or to an appeal of a	11341
municipal income tax matter, except as otherwise specifically	11342
provided by law.	11343

(H)(1) The tax commissioner shall adopt rules establishing:

11344

(a) The format of documents to be used by taxpayers to file	11345
returns and make payments through the Ohio business gateway; and	11346

(b) The information taxpayers must submit when filing	11347
municipal income tax returns through the Ohio business gateway.	11348

(2) The commissioner shall consult with the Ohio business	11349
gateway steering committee before adopting the rules described in	11350
division (H)(1) of this section.	11351

(I) Nothing in this section shall be construed as limiting or	11352
removing the ability of any municipal corporation to administer,	11353
audit, and enforce the provisions of its municipal income tax.	11354

Sec. 718.13. (A) Any information gained as a result of	11355
returns, investigations, hearings, or verifications required or	11356
authorized by this chapter or by a charter or ordinance of a	11357
municipal corporation levying an income tax pursuant to this	11358
chapter is confidential, and no person shall disclose such	11359
information except in accordance with a proper judicial order or	11360
in connection with the performance of that person's official	11361
duties or the official business of the municipal corporation as	11362
authorized by this chapter or the charter or ordinance authorizing	11363
the levy. The tax administrator of the municipal corporation may	11364
furnish copies of returns filed under this chapter to the internal	11365
revenue service and to the tax commissioner.	11366

(B) This section does not prohibit the legislative authority	11367
of a municipal corporation, by ordinance or resolution, from	11368
authorizing the tax administrator to publish statistics in a form	11369
that does not disclose information with respect to particular	11370
taxpayers.	11371

Sec. 901.171. The department of agriculture may promote the	11372
use of Ohio-produced agricultural goods, including natural spring	11373
water, through the issuance of logotypes to qualified producers	11374
and processors under a promotional certification program to be	11375
developed and administered by the division of markets.	11376

Pursuant to rules adopted under Chapter 119. of the Revised	11377
Code, the department may establish reasonable fees and criteria	11378
for participation in the program. All such fees shall be credited	11379
to the general revenue fund and used to finance the program.	11380

Sec. 901.261. The director of agriculture, in conducting	11381
investigations, inquiries, or hearings, may assess the party to an	11382
action that is brought before the department of agriculture	11383
pursuant to Chapter 119. of the Revised Code the actual costs	11384
incurred by the department for depositions, investigations,	11385
issuance and service of subpoenas, witness fees, employment of a	11386
stenographer and hearing officer, and the production of books,	11387
accounts, papers, records, documents, and testimony if the	11388
applicable hearing officer determines that the party to the action	11389
has failed to comply with any chapter of the Revised Code or any	11390
rule adopted under any of those chapters that is administered by	11391
the director or if the hearing officer determines that the action	11392
was frivolous conduct by the party. Assessment of costs under this	11393
section may be appealed to a court of competent jurisdiction.	11394

Nothing in this section shall be construed to apply to	11395
investigations, inquiries, or hearings conducted under Chapter	11396
4741. of the Revised Code.	11397

Sec. 1306.20. (A) Subject to section 1306.11 of the Revised	11398
Code, each state agency shall determine if, and the extent to	11399
which, it will send and receive electronic records and electronic	11400
signatures to and from other persons and otherwise create,	11401
generate, communicate, store, process, use, and rely upon	11402
electronic records and electronic signatures.	11403

(B)(1) Subject to division (B)(2) of this section, a state	11404
agency may waive a requirement in the Revised Code, other than a	11405
requirement in sections 1306.01 to 1306.15 of the Revised Code,	11406
that relates to any of the following:	11407

(a) The method of posting or displaying records;

11408

(b) The manner of sending, communicating, or transmitting	11409
records;	11410

11411

(2) A state agency may exercise its authority to waive a	11412
requirement under division (B)(1) of this section only if the	11413
following apply:	11414

(a) The requirement relates to a matter over which the state	11415
agency has jurisdiction;	11416

(b) The waiver is consistent with criteria set forth in rules	11417
adopted by the state agency. The criteria, to the extent	11418
reasonable under the circumstances, shall contain standards to	11419
facilitate the use of electronic commerce by persons under the	11420
jurisdiction of the state agency consistent with rules adopted by	11421
the ~~department of administrative services~~office of information	11422
technology pursuant to division (A) of section 1306.21 of the	11423
Revised Code.	11424

(C) If a state agency creates, uses, receives, or retains	11425
electronic records, both of the following apply:	11426

(1) Any rules adopted by a state agency relating to	11427
electronic records shall be consistent with rules adopted by the	11428
~~department of administrative services~~office of information	11429
technology pursuant to division (A) of section 1306.21 of the	11430
Revised Code.	11431

(2) Each state agency shall create, use, receive, and retain	11432
electronic records in accordance with section 149.40 of the	11433
Revised Code.	11434

(D) If a state agency creates, uses, or receives electronic	11435
signatures, the state agency shall create, use, or receive the	11436
signatures in accordance with rules adopted by the ~~department of~~	11437
~~administrative services~~office of information technology pursuant	11438
to division (A) of section 1306.21 of the Revised Code.	11439

(E)(1) To the extent a state agency retains an electronic	11440
record, the state agency may retain a record in a format that is	11441
different from the format in which the record was originally	11442
created, used, sent, or received only if it can be demonstrated	11443
that the alternative format used accurately and completely	11444
reflects the record as it was originally created, used, sent, or	11445
received.	11446

(2) If a state agency in retaining any set of electronic	11447
records pursuant to division (E)(1) of this section alters the	11448
format of the records, the state agency shall create a certificate	11449
of authenticity for each set of records that is altered.	11450

(3) The ~~department of administrative services~~office of	11451
information technology, in consultation with the state archivist,	11452
shall adopt rules in accordance with section 111.15 of the Revised	11453
Code that establish the methods for creating certificates of	11454
authenticity pursuant to division (E)(2) of this section.	11455

(F) Whenever any rule of law requires or authorizes the	11456
filing of any information, notice, lien, or other document or	11457
record with any state agency, a filing made by an electronic	11458
record shall have the same force and effect as a filing made on	11459
paper in all cases where the state agency has authorized or agreed	11460
to such electronic filing and the filing is made in accordance	11461
with applicable rules or agreement.	11462

(G) Nothing in sections 1306.01 to 1306.23 of the Revised	11463
Code shall be construed to require any state agency to use or	11464
permit the use of electronic records and electronic signatures.	11465

(H)(1) Notwithstanding division (C)(1) or (D) of this	11466
section, any state agency that, prior to ~~the effective date of~~	11467
~~this section~~September 14, 2000, used or permitted the use of	11468
electronic records or electronic signatures pursuant to laws	11469
enacted, rules adopted, or agency policies adopted before ~~the~~	11470
~~effective date of this section~~September 14, 2000, may use or	11471
permit the use of electronic records or electronic signatures	11472
pursuant to those previously enacted laws, adopted rules, or	11473
adopted policies for a period of two years after ~~the effective~~	11474
~~date of this section~~September 14, 2000.	11475

(2) Subject to division (H)(3) of this section, after the	11476
two-year period described in division (H)(1) of this section has	11477
concluded, all state agencies that use or permit the use of	11478
electronic records or electronic signatures before ~~the effective~~	11479
~~date of this section~~September 14, 2000, shall only use or permit	11480
the use of electronic records or electronic signatures consistent	11481
with rules adopted by the ~~department of administrative services~~	11482
office of information technology pursuant to division (A) of	11483
section 1306.21 of the Revised Code.	11484

(3) After the two-year period described in division (H)(1) of	11485
this section has concluded, the ~~department of administrative~~	11486
~~services~~office of information technology may permit a state	11487
agency to use electronic records or electronic signatures that do	11488
not comply with division (H)(2) of this section, if the state	11489
agency files a written request with the ~~department~~office of	11490
information technology.	11491

(I) For the purposes of this section, "state agency" means	11492
every organized body, office, or agency established by the laws of	11493
the state for the exercise of any function of state government,	11494
but does not include the general assembly, any legislative agency,	11495
the supreme court, the other courts of record in this state, or	11496
any judicial agency.	11497

Sec. 1306.21. (A) With regard to state agency use of	11498
electronic records or electronic signatures, the ~~department of~~	11499
~~administrative services~~office of information technology, in	11500
consultation with the state archivist, shall adopt rules in	11501
accordance with section 111.15 of the Revised Code setting forth	11502
all of the following:	11503

(1) The minimum requirements for the method of creation,	11504
maintenance, and security of electronic records and electronic	11505
signatures;	11506

(2) If electronic records must be signed by electronic means,	11507
all of the following:	11508

(a) The type of electronic signature required;

11509

(b) The manner and format in which the electronic signature	11510
must be affixed to the electronic record;	11511

(c) The identity of, or criteria that must be met by, any	11512
third party used by the person filing a document to facilitate the	11513
process.	11514

(3) Control processes and procedures as appropriate to ensure	11515
adequate preservation, disposition, integrity, security,	11516
confidentiality, and auditability of electronic records;	11517

(4) Any other required attributes for electronic records that	11518
are specified for corresponding nonelectronic records or are	11519
reasonably necessary under the circumstances.	11520

(B)(1) The ~~department of administrative services~~office of	11521
information technology may adopt rules in accordance with section	11522
111.15 of the Revised Code to ensure consistency and	11523
interoperability among state agencies with regard to electronic	11524
transactions, electronic signatures, and security procedures.	11525

(2) If the ~~department of administrative services~~office of	11526
information technology adopts rules pursuant to division (B)(1) of	11527
this section, the department shall consider consistency in	11528
applications and interoperability with governmental agencies of	11529
this state, agencies of other states, the federal government, and	11530
nongovernmental persons to the extent practicable when adopting	11531
rules pursuant to that division.	11532

(C) With regard to electronic transactions, electronic	11533
signatures, and security procedures, the ~~department of~~	11534
~~administrative services~~office of information technology may	11535
publish recommendations for governmental agencies and	11536
nongovernmental persons to promote consistency and	11537
interoperability among nongovernmental persons, agencies of this	11538
state and other states, and the federal government.	11539

(D) For purposes of this section, "state agency" has the same	11540
meaning as in section 1306.20 of the Revised Code.	11541

Sec. 1347.06. The ~~director of administrative services~~office	11542
of information technology shall adopt, amend, and rescind rules	11543
pursuant to Chapter 119. of the Revised Code for the purposes of	11544
administering and enforcing the provisions of this chapter that	11545
pertain to state agencies.	11546

A state or local agency that, or an officer or employee of a	11547
state or local agency who, complies in good faith with a rule	11548
applicable to the agency is not subject to criminal prosecution or	11549
civil liability under this chapter.	11550

Sec. 1503.05. (A) The chief of the division of forestry may	11551
sell timber and other forest products from the state forest and	11552
state forest nurseries whenever the chief considers such a sale	11553
desirable and, with the approval of the attorney general and the	11554
director of natural resources, may sell portions of the state	11555
forest lands when such a sale is advantageous to the state.	11556

(B) Except as otherwise provided in this section, a timber	11557
sale agreement shall not be executed unless the person or	11558
governmental entity bidding on the sale executes and files a	11559
surety bond conditioned on completion of the timber sale in	11560
accordance with the terms of the agreement in an amount equal to	11561
twenty-five per cent of the highest value cutting section. All	11562
bonds shall be given in a form prescribed by the chief and shall	11563
run to the state as obligee.	11564

The chief shall not approve any bond until it is personally	11565
signed and acknowledged by both principal and surety, or as to	11566
either by the attorney in fact thereof, with a certified copy of	11567
the power of attorney attached. The chief shall not approve the	11568
bond unless there is attached a certificate of the superintendent	11569
of insurance that the company is authorized to transact a fidelity	11570
and surety business in this state.	11571

In lieu of a bond, the bidder may deposit any of the	11572
following:	11573

(1) Cash in an amount equal to the amount of the bond;

11574

(2) United States government securities having a par value	11575
equal to or greater than the amount of the bond;	11576

(3) Negotiable certificates of deposit or irrevocable letters	11577
of credit issued by any bank organized or transacting business in	11578
this state having a par value equal to or greater than the amount	11579
of the bond.	11580

The cash or securities shall be deposited on the same terms	11581
as bonds. If one or more certificates of deposit are deposited in	11582
lieu of a bond, the chief shall require the bank that issued any	11583
of the certificates to pledge securities of the aggregate market	11584
value equal to the amount of the certificate or certificates that	11585
is in excess of the amount insured by the federal deposit	11586
insurance corporation. The securities to be pledged shall be those	11587
designated as eligible under section 135.18 of the Revised Code.	11588
The securities shall be security for the repayment of the	11589
certificate or certificates of deposit.	11590

Immediately upon a deposit of cash, securities, certificates	11591
of deposit, or letters of credit, the chief shall deliver them to	11592
the treasurer of state, who shall hold them in trust for the	11593
purposes for which they have been deposited. The treasurer of	11594
state is responsible for the safekeeping of the deposits. A bidder	11595
making a deposit of cash, securities, certificates of deposit, or	11596
letters of credit may withdraw and receive from the treasurer of	11597
state, on the written order of the chief, all or any portion of	11598
the cash, securities, certificates of deposit, or letters of	11599
credit upon depositing with the treasurer of state cash, other	11600
United States government securities, or other negotiable	11601
certificates of deposit or irrevocable letters of credit issued by	11602
any bank organized or transacting business in this state, equal in	11603
par value to the par value of the cash, securities, certificates	11604
of deposit, or letters of credit withdrawn.	11605

A bidder may demand and receive from the treasurer of state	11606
all interest or other income from any such securities or	11607
certificates as it becomes due. If securities so deposited with	11608
and in the possession of the treasurer of state mature or are	11609
called for payment by their issuer, the treasurer of state, at the	11610
request of the bidder who deposited them, shall convert the	11611
proceeds of the redemption or payment of the securities into other	11612
United States government securities, negotiable certificates of	11613
deposit, or cash as the bidder designates.	11614

When the chief finds that a person or governmental agency has	11615
failed to comply with the conditions of the person's or	11616
governmental agency's bond, the chief shall make a finding of that	11617
fact and declare the bond, cash, securities, certificates, or	11618
letters of credit forfeited. The chief thereupon shall certify the	11619
total forfeiture to the attorney general, who shall proceed to	11620
collect the amount of the bond, cash, securities, certificates, or	11621
letters of credit.	11622

In lieu of total forfeiture, the surety, at its option, may	11623
cause the timber sale to be completed or pay to the treasurer of	11624
state the cost thereof.	11625

All moneys collected as a result of forfeitures of bonds,	11626
cash, securities, certificates, and letters of credit under this	11627
section shall be credited to the state forest fund created in this	11628
section.	11629

(C) The chief may grant easements and leases on portions of	11630
the state forest lands and state forest nurseries under terms that	11631
are advantageous to the state, and the chief may grant mineral	11632
rights on a royalty basis on those lands and nurseries, with the	11633
approval of the attorney general and the director.	11634

(D) All moneys received from the sale of state forest lands,	11635
or in payment for easements or leases on or as rents from those	11636
lands or from state forest nurseries, shall be paid into the state	11637
treasury to the credit of the state forest fund, which is hereby	11638
created. In addition, all moneys received from federal grants,	11639
payments, and reimbursements, from the sale of reforestation tree	11640
stock, from the sale of forest products, other than standing	11641
timber, and from the sale of minerals taken from the state forest	11642
lands and state forest nurseries, together with royalties from	11643
mineral rights, shall be paid into the state treasury to the	11644
credit of the state forest fund. Any other revenues derived from	11645
the operation of the state forests and related facilities or	11646
equipment also shall be paid into the state treasury to the credit	11647
of the state forest fund, as shall contributions received for the	11648
issuance of Smokey Bear license plates under section 4503.574 of	11649
the Revised Code and any other moneys required by law to be	11650
deposited in the fund.	11651

The state forest fund shall not be expended for any purpose	11652
other than the administration, operation, maintenance,	11653
development, or utilization of the state forests, forest	11654
nurseries, and forest programs, for facilities or equipment	11655
incident to them, or for the further purchase of lands for state	11656
forest or forest nursery purposes and, in the case of	11657
contributions received pursuant to section 4503.574 of the Revised	11658
Code, for fire prevention purposes.	11659

All moneys received from the sale of standing timber taken	11660
from state forest lands and state forest nurseries shall be	11661
deposited into the state treasury to the credit of the forestry	11662
holding account redistribution fund, which is hereby created. The	11663
moneys shall remain in the fund until they are redistributed in	11664
accordance with this division.	11665

The redistribution shall occur at least once each year. To	11666
begin the redistribution, the chief first shall determine the	11667
amount of all standing timber sold from state forest lands and	11668
state forest nurseries, together with the amount of the total sale	11669
proceeds, in each county, in each township within the county, and	11670
in each school district within the county. The chief next shall	11671
determine the amount of the direct costs that the division of	11672
forestry incurred in association with the sale of that standing	11673
timber. The amount of the direct costs shall be subtracted from	11674
the amount of the total sale proceeds and shall be transferred	11675
from the forestry holding account redistribution fund to the state	11676
forest fund.	11677

The remaining amount of the total sale proceeds equals the	11678
net value of the standing timber that was sold. The chief shall	11679
determine the net value of standing timber sold from state forest	11680
lands and state forest nurseries in each county, in each township	11681
within the county, and in each school district within the county	11682
and shall send to each county treasurer a copy of the	11683
determination at the time that moneys are paid to the county	11684
treasurer under this division.	11685

Twenty-five per cent of the net value of standing timber sold	11686
from state forest lands and state forest nurseries located in a	11687
county shall be transferred from the forestry holding account	11688
redistribution fund to the state forest fund. Ten per cent of that	11689
net value shall be transferred from the forestry holding account	11690
redistribution fund to the general revenue fund. The remaining	11691
sixty-five per cent of the net value shall be transferred from the	11692
forestry holding account redistribution fund and paid to the	11693
county treasurer for the use of the general fund of that county.	11694

The county auditor shall do all of the following:

11695

(1) Retain for the use of the general fund of the county	11696
one-fourth of the amount received by the county under division (D)	11697
of this section;	11698

(2) Pay into the general fund of any township located within	11699
the county and containing such lands and nurseries one-fourth of	11700
the amount received by the county from standing timber sold from	11701
lands and nurseries located in the township;	11702

(3) Request the board of education of any school district	11703
located within the county and containing such lands and nurseries	11704
to identify which fund or funds of the district should receive the	11705
moneys available to the school district under division (D)(3) of	11706
this section. After receiving notice from the board, the county	11707
auditor shall pay into the fund or funds so identified one-half of	11708
the amount received by the county from standing timber sold from	11709
lands and nurseries located in the school district, distributed	11710
proportionately as identified by the board.	11711

The division of forestry shall not supply logs, lumber, or	11712
other forest products or minerals, taken from the state forest	11713
lands or state forest nurseries, to any other agency or	11714
subdivision of the state unless payment is made therefor in the	11715
amount of the actual prevailing value thereof. This section is	11716
applicable to the moneys so received.	11717

Sec. 1504.02. (A) The division of real estate and land	11718
management shall do all of the following:	11719

(1) Except as otherwise provided in the Revised Code,	11720
coordinate and conduct all real estate functions for the	11721
department of natural resources, including at least acquisitions	11722
by purchase, lease, gift, devise, bequest, appropriation, or	11723
otherwise; grants through sales, leases, exchanges, easements, and	11724
licenses; inventories of land; and other related general	11725
management duties;	11726

(2) Assist the department and its divisions by providing	11727
department-wide planning, including at least master planning,	11728
comprehensive planning, capital improvements planning, and special	11729
purpose planning such as trails coordination and planning under	11730
section 1519.03 of the Revised Code;	11731

(3) ~~On behalf of the director of natural resources,~~	11732
~~administer the coastal management program established under~~	11733
~~sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised~~	11734
~~Code and consult with and provide coordination among state~~	11735
~~agencies, political subdivisions, the United States and agencies~~	11736
~~of it, and interstate, regional, and areawide agencies to assist~~	11737
~~the director in executing the director's duties and~~	11738
~~responsibilities under that program and to assist the department~~	11739
~~as the lead agency for the development and implementation of the~~	11740
~~program;~~	11741

~~(4) On behalf of the director, administer sections 1506.10~~	11742
~~and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code;~~	11743

~~(5)~~ Cooperate with the United States and agencies of it and	11744
with political subdivisions in administering federal recreation	11745
moneys under the "Land and Water Conservation Fund Act of 1965,"	11746
78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare and	11747
distribute the statewide comprehensive outdoor recreation plan;	11748
and administer the state recreational vehicle fund created in	11749
section 4519.11 of the Revised Code;	11750

~~(6)~~(4)(a) Support the geographic information system needs for	11751
the department as requested by the director, which shall include,	11752
but not be limited to, all of the following:	11753

(i) Assisting in the training and education of department	11754
resource managers, administrators, and other staff in the	11755
application and use of geographic information system technology;	11756

(ii) Providing technical support to the department in the	11757
design, preparation of data, and use of appropriate geographic	11758
information system applications in order to help solve resource	11759
related problems and to improve the effectiveness and efficiency	11760
of department delivered services;	11761

(iii) Creating, maintaining, and documenting spatial digital	11762
data bases for the division and for other divisions as assigned by	11763
the director.	11764

(b) Provide information to and otherwise assist government	11765
officials, planners, and resource managers in understanding land	11766
use planning and resource management;	11767

(c) Provide continuing assistance to local government	11768
officials and others in natural resource digital data base	11769
development and in applying and utilizing the geographic	11770
information system for land use planning, current agricultural use	11771
value assessment, development reviews, coastal management, and	11772
other resource management activities;	11773

(d) Coordinate and administer the remote sensing needs of the	11774
department, including the collection and analysis of aerial	11775
photography, satellite data, and other data pertaining to land,	11776
water, and other resources of the state;	11777

(e) Prepare and publish maps and digital data relating to the	11778
state's land use and land cover over time on a local, regional,	11779
and statewide basis;	11780

(f) Locate and distribute hard copy maps, digital data,	11781
aerial photography, and other resource data and information to	11782
government agencies and the public.	11783

~~(7)~~(5) Prepare special studies and execute any other duties,	11784
functions, and responsibilities requested by the director.	11785

(B) The division may do any of the following:

11786

(1) Coordinate such environmental matters concerning the	11787
department and the state as are necessary to comply with the	11788
"National Environmental Policy Act of 1969," 83 Stat. 852, 42	11789
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act	11790
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water	11791
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, as	11792
amended, and regulations adopted under those acts;	11793

(2) With the approval of the director, coordinate and	11794
administer compensatory mitigation grant programs and other	11795
programs for streams and wetlands as approved in accordance with	11796
certifications and permits issued under sections 401 and 404 of	11797
the "Federal Water Pollution Control Act", 91 Stat. 1566(1977), 33	11798
U.S.C.A. 1251, as amended, by the environmental protection agency	11799
and the United States army corps of engineers;	11800

(3) Administer any state or federally funded grant program	11801
that is related to natural resources and recreation as considered	11802
necessary by the director.	11803

Sec. 1506.01. As used in this chapter:

11804

(A) "Coastal area" means the waters of Lake Erie, the islands	11805
in the lake, and the lands under and adjacent to the lake,	11806
including transitional areas, wetlands, and beaches. The coastal	11807
area extends in Lake Erie to the international boundary line	11808
between the United States and Canada and landward only to the	11809
extent necessary to include shorelands, the uses of which have a	11810
direct and significant impact on coastal waters as determined by	11811
the director of natural resources.	11812

(B) "Coastal management program" means the comprehensive	11813
action of the state and its political subdivisions cooperatively	11814
to preserve, protect, develop, restore, or enhance the resources	11815
of the coastal area and to ensure wise use of the land and water	11816
resources of the coastal area, giving attention to natural,	11817
cultural, historic, and aesthetic values; agricultural,	11818
recreational, energy, and economic needs; and the national	11819
interest. "Coastal management program" includes the establishment	11820
of objectives, policies, standards, and criteria concerning,	11821
without limitation, protection of air, water, wildlife, rare and	11822
endangered species, wetlands and natural areas, and other natural	11823
resources in the coastal area; management of coastal development	11824
and redevelopment; preservation and restoration of historic,	11825
cultural, and aesthetic coastal features; and public access to the	11826
coastal area for recreation purposes.	11827

(C) "Coastal management program document" means a	11828
comprehensive statement consisting of, without limitation, text,	11829
maps, and illustrations that is adopted by the director in	11830
accordance with this chapter, describes the objectives, policies,	11831
standards, and criteria of the coastal management program for	11832
guiding public and private uses of lands and waters in the coastal	11833
area, lists the governmental agencies, including, without	11834
limitation, state agencies, involved in implementing the coastal	11835
management program, describes their applicable policies and	11836
programs, and cites the statutes and rules under which they may	11837
adopt and implement those policies and programs.	11838

(D) "Person" means any agency of this state, any political	11839
subdivision of this state or of the United States, and any legal	11840
entity defined as a person under section 1.59 of the Revised Code.	11841

(E) "Director" means the director of natural resources or the	11842
director's designee.	11843

(F) "Permanent structure" means any residential, commercial,	11844
industrial, institutional, or agricultural building, any mobile	11845
home as defined in division (O) of section 4501.01 of the Revised	11846
Code, any manufactured home as defined in division (C)(4) of	11847
section 3781.06 of the Revised Code, and any septic system that	11848
receives sewage from a single-family, two-family, or three-family	11849
dwelling, but does not include any recreational vehicle as defined	11850
in section 4501.01 of the Revised Code.	11851

(G) "State agency" or "agency of the state" has the same	11852
meaning as "agency" as defined in section 111.15 of the Revised	11853
Code.	11854

(H) "Coastal flood hazard area" means any territory within	11855
the coastal area that has been identified as a flood hazard area	11856
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,	11857
42 U.S.C.A. 4002, as amended.	11858

(I) "Coastal erosion area" means any territory included in	11859
Lake Erie coastal erosion areas identified by the director under	11860
section 1506.06 of the Revised Code.	11861

(J) "Conservancy district" means a conservancy district that	11862
is established under Chapter 6101. of the Revised Code.	11863

(K) "Park board" means the board of park commissioners of a	11864
park district that is created under Chapter 1545. of the Revised	11865
Code.	11866

(L) "Erosion control structure" means a structure that is	11867
designed solely and specifically to reduce or control erosion of	11868
the shore along or near Lake Erie, including, without limitation,	11869
revetments, seawalls, bulkheads, certain breakwaters, and similar	11870
structures.	11871

(M) "Shore structure" includes, but is not limited to,	11872
beaches; groins; revetments; bulkheads; seawalls; breakwaters;	11873
certain dikes designated by the chief of the division of water;	11874
piers; docks; jetties; wharves; marinas; boat ramps; any	11875
associated fill or debris used as part of the construction of	11876
shore structures that may affect shore erosion, wave action, or	11877
inundation; and fill or debris that is placed along or near the	11878
shore, including bluffs, banks, or beach ridges, for the purpose	11879
of stabilizing slopes.	11880

~~Sec. 1521.20.~~ Sec. 1506.38. The ~~chief~~director of ~~the division of~~	11881
~~water~~natural resources shall act as the erosion agent of the	11882
state for the purpose of cooperating with the secretary of the	11883
army, acting through the chief of engineers of the United States	11884
army corps of engineers in the department of defense. The ~~chief~~	11885
director shall cooperate with the secretary in carrying out, and	11886
may conduct, investigations and studies of conditions along the	11887
shorelines of Lake Erie and of the bays and projections therefrom,	11888
and of the islands therein, within the territorial waters of the	11889
state, with a view to devising and perfecting economical and	11890
effective methods and works for preventing, correcting, and	11891
controlling shore erosion and damage therefrom and controlling the	11892
inundation of improved property by the waters of Lake Erie, its	11893
bays, and associated inlets.	11894

~~Sec. 1521.21.~~ Sec. 1506.39. The ~~chief~~director of ~~the division of~~	11895
~~water~~natural resources, in the discharge of the ~~chief's~~	11896
director's duties under sections ~~1507.20~~1506.38 to ~~1507.30~~	11897
1506.48 of the Revised Code, may call to the ~~chief's~~director's	11898
assistance, temporarily, any engineers or other employees in any	11899
state department, or in the Ohio state university or other	11900
educational institutions financed wholly or in part by the state,	11901
for the purpose of devising the most effective and economical	11902
methods of controlling shore erosion and damage from it and	11903
controlling the inundation of improved property by the waters of	11904
Lake Erie and its bays and associated inlets.	11905

Such engineers and employees shall not receive any additional	11906
compensation over that which they receive from the departments or	11907
institutions by which they are employed, but they shall be	11908
reimbursed for their actual necessary expenses incurred while	11909
working under the direction of the ~~chief~~director on erosion and	11910
inundation projects.	11911

~~Sec. 1521.22.~~ Sec. 1506.40. No person shall construct a beach,	11912
groin, or other structure to control erosion, wave action, or	11913
inundation along or near the Ohio shoreline of Lake Erie,	11914
including related islands, bays, and inlets, without first	11915
obtaining a shore structure permit from the ~~chief of the division~~	11916
director of ~~water. The~~natural resources.	11917

The application for a ~~shore structure~~ permit shall include	11918
detailed plans and specifications prepared by a professional	11919
engineer registered under Chapter 4733. of the Revised Code. An	11920
applicant shall provide appropriate evidence of compliance with	11921
any applicable provisions of this chapter and Chapters 1505. and	11922
~~1506.~~1521. of the Revised Code, as determined by the ~~chief~~	11923
director. A temporary shore structure permit may be issued by the	11924
~~chief or an authorized representative of the chief~~director if it	11925
is determined necessary to safeguard life, health, or property.	11926

Each application or reapplication for a permit under this	11927
section shall be accompanied by a non-refundable fee as the ~~chief~~	11928
director shall prescribe by rule.	11929

If the application is approved, the ~~chief~~director shall	11930
issue a permit to the applicant authorizing construction of the	11931
project. If requested in writing by the applicant within thirty	11932
days of issuance of a notice of disapproval of the application,	11933
the ~~chief~~director shall conduct an adjudication hearing under	11934
Chapter 119. of the Revised Code, except sections 119.12 and	11935
119.121 of the Revised Code. After reviewing the record of the	11936
hearing, the ~~chief~~director shall issue a final order approving	11937
the application, disapproving it, or approving it conditioned on	11938
the making of specified revisions in the plans and specifications.	11939

The ~~chief~~director, by rule, shall limit the period during	11940
which a construction permit issued under this section is valid and	11941
shall establish reapplication requirements governing a	11942
construction permit that expires before construction is completed.	11943

In accordance with Chapter 119. of the Revised Code, the	11944
~~chief~~director shall adopt, and may amend or rescind, such rules	11945
as are necessary for the administration, implementation, and	11946
enforcement of this section.	11947

~~Sec. 1521.23.~~ Sec. 1506.41. All moneys derived from the granting	11948
of permits and leases under section 1505.07 of the Revised Code	11949
for the removal of sand, gravel, stone, gas, oil, and other	11950
minerals and substances from and under the bed of Lake Erie and	11951
from applications for shore structure permits submitted under	11952
section ~~1521.22~~1506.40 of the Revised Code shall be paid into the	11953
state treasury to the credit of the permit and lease fund, which	11954
is hereby created. Notwithstanding any section of the Revised Code	11955
relating to the distribution or crediting of fines for violations	11956
of the Revised Code, all fines imposed under division (A) of	11957
section 1505.99 of the Revised Code and under division (C) of	11958
section ~~1521.99~~1506.99 of the Revised Code shall be paid into	11959
that fund. The fund shall be administered by the department of	11960
natural resources for the protection of Lake Erie shores and	11961
waters; investigation and control of erosion; the planning,	11962
development, and construction of facilities for recreational use	11963
of Lake Erie; implementation of section ~~1521.22~~1506.40 of the	11964
Revised Code; preparation of the state shore erosion plan under	11965
section ~~1521.29~~1506.47 of the Revised Code; and state	11966
administration of Lake Erie coastal erosion areas under sections	11967
1506.06 and 1506.07 of the Revised Code.	11968

~~Sec. 1521.24.~~ Sec. 1506.42. The state, acting through the ~~chief~~	11969
director of ~~the division of water~~natural resources, subject to	11970
section ~~1521.28~~1506.46 of the Revised Code, may enter into	11971
agreements with counties, townships, municipal corporations, park	11972
boards, and conservancy districts, other political subdivisions,	11973
or any state departments or divisions for the purpose of	11974
constructing and maintaining projects to control erosion along the	11975
Ohio shoreline of Lake Erie and in any rivers and bays that are	11976
connected with Lake Erie and any other watercourses that flow into	11977
Lake Erie. Such projects also may be constructed on any Lake Erie	11978
island that is situated within the boundaries of the state.	11979

The cost of such shore erosion projects that are for the	11980
benefit of public littoral property shall be prorated on the basis	11981
of two-thirds of the total cost to the state through	11982
appropriations made to the ~~division~~department of ~~water~~natural	11983
resources and one-third of the cost to the counties, townships,	11984
municipal corporations, park boards, conservancy districts, or	11985
other political subdivisions.	11986

If a shore erosion emergency is declared by the governor, the	11987
state, acting through the ~~chief~~director, may spend whatever state	11988
funds are available to alleviate shore erosion, without	11989
participation by any political subdivision, regardless of whether	11990
the project will benefit public or private littoral property.	11991

A board of county commissioners, acting for the county over	11992
which it has jurisdiction, may enter into and carry out agreements	11993
with the ~~chief~~director for the construction and maintenance of	11994
projects to control shore erosion. In providing the funds for the	11995
county's proportionate share of the cost of constructing and	11996
maintaining the projects referred to in this section, the board	11997
shall be governed by and may issue and refund bonds in accordance	11998
with Chapter 133. of the Revised Code.	11999

A municipal corporation or a township, acting through the	12000
legislative authority or the board of township trustees, may enter	12001
into and carry out agreements with the ~~chief~~director for the	12002
purpose of constructing and maintaining projects to control shore	12003
erosion. In providing the funds for the municipal corporation's or	12004
township's proportionate share of the cost of constructing and	12005
maintaining the projects referred to in this section, a municipal	12006
corporation or township may issue and refund bonds in accordance	12007
with Chapter 133. of the Revised Code. The contract shall be	12008
executed on behalf of the municipal corporation or township by the	12009
mayor, city manager, or other chief executive officer who has the	12010
authority to act for the municipal corporation or township.	12011

Conservancy districts may enter into and carry out agreements	12012
with the ~~chief~~director, in accordance with the intent of this	12013
section, under the powers conferred upon conservancy districts	12014
under Chapter 6101. of the Revised Code.	12015

Park boards may enter into and carry out agreements with the	12016
~~chief~~director, in accordance with the intent of this section, and	12017
issue bonds for that purpose under the powers conferred upon park	12018
districts under Chapter 1545. of the Revised Code.	12019

The ~~chief~~director shall approve and supervise all projects	12020
that are to be constructed in accordance with this section. The	12021
~~chief~~director shall not proceed with the construction of any	12022
project until all funds that are to be paid by the county,	12023
township, municipal corporation, park board, or conservancy	12024
district, in accordance with the terms of the agreement entered	12025
into between the ~~chief~~director and the county, township,	12026
municipal corporation, park board, or conservancy district, are in	12027
the ~~chief's~~director's possession and deposited in the shore	12028
erosion fund, which is hereby created in the state treasury. If	12029
the ~~chief~~director finds it to be in the best interests of the	12030
state to construct projects as set forth in this section by the	12031
state itself, without the financial contribution of counties,	12032
townships, municipal corporations, park boards, or conservancy	12033
districts, the ~~chief~~director may construct the projects.	12034

In deciding whether to assist a county or municipal	12035
corporation in constructing and maintaining a project under this	12036
section, the state, acting through the ~~chief~~director, shall	12037
consider, among other factors, whether the county or municipal	12038
corporation has adopted or is in the process of adopting a Lake	12039
Erie coastal erosion area resolution or ordinance under division	12040
(D) of section 1506.07 of the Revised Code.	12041

All projects constructed by the state in conformity with	12042
sections ~~1521.20~~1506.38 to ~~1521.28~~1506.46 of the Revised Code	12043
shall be constructed subject to sections 153.01 to 153.20 of the	12044
Revised Code, except that the state architect and engineer is not	12045
required to prepare the plans and specifications for those	12046
projects.	12047

~~Sec. 1521.25.~~ Sec. 1506.43. The ~~chief~~director of ~~the division of~~	12048
~~water~~natural resources may enter into a contract with any county,	12049
township, municipal corporation, conservancy district, or park	12050
board that has an agreement with the state in accordance with	12051
section ~~1521.24~~1506.42 of the Revised Code for the construction	12052
of a shore erosion project. No contract shall be let until all	12053
money that is to be paid by the political subdivision entering	12054
into the agreement has been deposited in the shore erosion fund	12055
created in that section ~~1521.24 of the Revised Code, and no~~	12056
~~contract shall be valid until approved by the director of natural~~	12057
~~resources~~.	12058

~~Sec. 1521.26.~~ Sec. 1506.44. (A) A board of county commissioners	12059
may use a loan obtained under division (C) of this section to	12060
provide financial assistance to any person who owns real property	12061
in a coastal erosion area~~, as defined in section 1506.01 of the~~	12062
~~Revised Code,~~ and who has received a permit under section ~~1521.22~~	12063
1506.40 of the Revised Code to construct an erosion control	12064
structure in that coastal erosion area. The board shall enter into	12065
an agreement with the person that complies with all of the	12066
following requirements:	12067

(1) The agreement shall identify the person's real property	12068
for which the erosion control structure is being constructed and	12069
shall include a legal description of that property and a reference	12070
to the volume and page of the deed record in which the title of	12071
that person to that property is recorded.	12072

(2) In accordance with rules adopted by the Ohio water	12073
development authority under division (V) of section 6121.04 of the	12074
Revised Code for the purposes of division (C) of this section and	12075
pursuant to an agreement between the board and the authority under	12076
that division, the board shall agree to cause payments to be made	12077
by the authority to the contractor hired by the person to	12078
construct an erosion control structure in amounts not to exceed	12079
the total amount specified in the agreement between the board and	12080
the person.	12081

(3) The person shall agree to pay to the board, or to the	12082
authority as the assignee pursuant to division (C) of this	12083
section, the total amount of the payments plus administrative or	12084
other costs of the board or the authority at times, in	12085
installments, and bearing interest as specified in the agreement.	12086

The agreement may contain additional provisions that the	12087
board determines necessary to safeguard the interests of the	12088
county or to comply with an agreement entered into under division	12089
(C) of this section.	12090

(B) Upon entering into an agreement under division (A) of	12091
this section, the board shall do all of the following:	12092

(1) Cause the agreement to be recorded in the county deed	12093
records in the office of the county recorder of the county in	12094
which the real property is situated. Failure to record the	12095
agreement does not affect the validity of the agreement or the	12096
collection of any amounts due under the agreement.	12097

(2) Establish by resolution an erosion control repayment fund	12098
into which shall be deposited all amounts collected under division	12099
(B)(3) of this section. Moneys in that fund shall be used by the	12100
board for the repayment of the loan and for administrative or	12101
other costs of the board or the authority as specified in an	12102
agreement entered into under division (C) of this section. If the	12103
amount of money in the fund is inadequate to repay the loan when	12104
due, the board of county commissioners, by resolution, may advance	12105
money from any other fund in order to repay the loan if that use	12106
of the money from the other fund is not in conflict with law. If	12107
the board so advances money in order to repay the loan, the board	12108
subsequently shall reimburse each fund from which the board	12109
advances money with moneys from the erosion control repayment	12110
fund.	12111

(3) Bill and collect all amounts when due under the agreement	12112
entered into under division (A) of this section. The board shall	12113
certify amounts not paid when due to the county auditor, who shall	12114
enter the amounts on the real property tax list and duplicate	12115
against the property identified under division (A)(1) of this	12116
section. The amounts not paid when due shall be a lien on that	12117
property from the date on which the amounts are placed on the tax	12118
list and duplicate and shall be collected in the same manner as	12119
other taxes.	12120

(C) A board may apply to the authority for a loan for the	12121
purpose of entering into agreements under division (A) of this	12122
section. The loan shall be for an amount and on the terms	12123
established in an agreement between the board and the authority.	12124
The board may assign any agreements entered into under division	12125
(A) of this section to the authority in order to provide for the	12126
repayment of the loan and may pledge any lawfully available	12127
revenues to the repayment of the loan, provided that no moneys	12128
raised by taxation shall be obligated or pledged by the board for	12129
the repayment of the loan. Any agreement with the authority	12130
pursuant to this division is not subject to Chapter 133. of the	12131
Revised Code or any requirements or limitations established in	12132
that chapter.	12133

(D) The authority, as assignee of any agreement pursuant to	12134
division (C) of this section, may enforce and compel the board and	12135
the county auditor by mandamus pursuant to Chapter 2731. of the	12136
Revised Code to comply with division (B) of this section in a	12137
timely manner.	12138

(E) The construction of an erosion control structure by a	12139
contractor hired by an individual homeowner, group of individual	12140
homeowners, or homeowners association that enters into an	12141
agreement with a board under division (A) of this section is not a	12142
public improvement, as defined in section 4115.03 of the Revised	12143
Code, and is not subject to competitive bidding or public bond	12144
laws.	12145

~~Sec. 1521.27.~~ Sec. 1506.45. The state, or any county, township,	12146
municipal corporation, conservancy district, or park board that	12147
has entered into a contract under section ~~1521.25~~1506.43 of the	12148
Revised Code, may acquire lands by gift or devise, purchase, or	12149
appropriation. In case of appropriation, the proceedings shall be	12150
instituted in the name of the state or the political subdivision	12151
and shall be conducted in the manner provided for the	12152
appropriation of private property by the state or the political	12153
subdivision insofar as those proceedings are applicable. Either	12154
the fee or any lesser interest may be acquired as the state or the	12155
political subdivision considers advisable.	12156

~~Sec. 1521.28.~~ Sec. 1506.46. Any action taken by the ~~chief~~director	12157
of ~~the division of water~~natural resources under sections ~~1521.20~~	12158
1506.38 to ~~1521.30~~1506.48 of the Revised Code shall not be deemed	12159
in conflict with certain powers and duties conferred upon and	12160
delegated to federal agencies and to municipal corporations under	12161
Section 7 of Article XVIII, Ohio Constitution, or as provided by	12162
sections 721.04 to 721.11 of the Revised Code.	12163

~~Sec. 1521.29.~~ Sec. 1506.47. The ~~chief~~director of ~~the division of~~	12164
~~water~~natural resources, in cooperation with appropriate offices	12165
and divisions, including the division of geological survey, may	12166
prepare a plan for the management of shore erosion in the state	12167
along Lake Erie, its bays, and associated inlets, revise the plan	12168
whenever it can be made more effective, and make the plan	12169
available for public inspection. In the preparation of the plan,	12170
the ~~chief~~director may employ such existing plans as are	12171
available.	12172

The ~~chief~~director also may establish a program to provide	12173
technical assistance on shore erosion control measures to	12174
municipal corporations, counties, townships, conservancy	12175
districts, park boards, and shoreline property owners.	12176

~~Sec. 1521.30.~~ Sec. 1506.48. Upon application of any owner of real	12177
property damaged or destroyed by shore erosion, the county auditor	12178
of the county in which the real property is situated shall cause a	12179
reappraisal to be made and shall place the property on the tax	12180
list at its true value in money.	12181

Whenever the county auditor finds that ninety per cent or	12182
more of the area of any littoral parcel of land appearing upon the	12183
tax duplicate has been eroded and lies within the natural	12184
boundaries of Lake Erie and that the remainder of the parcel, if	12185
any, has no taxable value, the auditor may certify that finding to	12186
the county board of revision. Upon consideration thereof, the	12187
board may authorize removal of the parcel from the tax duplicate	12188
and cancellation of all current and delinquent taxes, assessments,	12189
interest, and penalties charged against the parcel.	12190

Sec. 1506.99. (A) Whoever violates division (A) of section	12191
1506.09 of the Revised Code shall be fined not less than one	12192
hundred nor more than five hundred dollars for each offense.	12193

(B) Whoever violates division (K) of section 1506.32 of the	12194
Revised Code is guilty of a misdemeanor of the third degree.	12195

(C) Whoever violates sections 1506.38 to 1506.48 of the	12196
Revised Code shall be fined not less than one hundred dollars nor	12197
more than five hundred dollars for each offense. Each day of	12198
violation constitutes a separate offense.	12199

Sec. 1513.08. (A) After a coal mining and reclamation permit	12200
application has been approved, ~~but before the permit is issued,~~	12201
the applicant shall file with the chief of the division of mineral	12202
resources management, on a form prescribed and furnished by the	12203
chief, the performance security required under this section.	12204

(B) Using the information contained in the permit	12205
application; the requirements contained in the approved permit and	12206
reclamation plan; and, after considering the topography, geology,	12207
hydrology, and revegetation potential of the area of the approved	12208
permit, the probable difficulty of reclamation; the chief shall	12209
determine the estimated cost of reclamation under the initial term	12210
of the permit if the reclamation has to be performed by the	12211
division of mineral resources management in the event of	12212
forfeiture of the performance security by the applicant. The chief	12213
shall send written notice of the amount of the estimated cost of	12214
reclamation by certified mail to the applicant. The applicant	12215
shall send written notice to the chief indicating the method by	12216
which the applicant will provide the performance security pursuant	12217
to division (C) of this section.	12218

(C) The applicant shall provide the performance security in	12219
an amount using one of the following:	12220

(1) If the applicant elects to provide performance security	12221
without reliance on the reclamation forfeiture fund created in	12222
section 1513.18 of the Revised Code, the amount of the estimated	12223
cost of reclamation as determined by the chief under division (B)	12224
of this section for the increments of land on which the operator	12225
will conduct a coal mining and reclamation operation under the	12226
initial term of the permit as indicated in the application;	12227

(2) If the applicant elects to provide performance security	12228
together with reliance on the reclamation forfeiture fund through	12229
payment of the additional tax on the severance of coal that is	12230
levied under division (A)(8) of section 5749.02 of the Revised	12231
Code, an amount of twenty-five hundred dollars per acre of land on	12232
which the operator will conduct coal mining and reclamation under	12233
the initial term of the permit as indicated in the application.	12234
However, in order for an applicant to be eligible to provide	12235
performance security in accordance with division (C)(2) of this	12236
section, anthe applicant, an owner and controller of the	12237
applicant, or an affiliate of the applicant shall have held a	12238
permit issued under this chapter for any coal mining and	12239
reclamation operation for a period of not less than five years. In	12240
the event of forfeiture of performance security that was provided	12241
in accordance with division (C)(2) of this section, the difference	12242
between the amount of that performance security and the estimated	12243
cost of reclamation as determined by the chief under division (B)	12244
of this section shall be obtained from money in the reclamation	12245
forfeiture fund as needed to complete the reclamation.	12246

The performance security provided under division (C) of this	12247
section for the entire area to be mined under one permit issued	12248
under this chapter shall not be less than ten thousand dollars.	12249

The performance security shall cover areas of land affected	12250
by mining within or immediately adjacent to the permitted area, so	12251
long as the total number of acres does not exceed the number of	12252
acres for which the performance security is provided. However, the	12253
authority for the performance security to cover areas of land	12254
immediately adjacent to the permitted area does not authorize a	12255
permittee to mine areas outside an approved permit area. As	12256
succeeding increments of coal mining and reclamation operations	12257
are to be initiated and conducted within the permit area, the	12258
permittee shall file with the chief additional performance	12259
security to cover the increments in accordance with this section.	12260
If a permittee intends to mine areas outside the approved permit	12261
area, the permittee shall provide additional performance security	12262
in accordance with this section to cover the areas to be mined.	12263

An applicant shall provide performance security in accordance	12264
with division (C)(1) of this section in the full amount of the	12265
estimated cost of reclamation as determined by the chief for a	12266
permitted coal preparation plant or coal refuse disposal area that	12267
is not located within a permitted area of a mine. A permittee	12268
shall provide the performance security not later than one year	12269
after ~~the effective date of this amendment~~April 6, 2007, for a	12270
permitted coal preparation plant or coal refuse disposal area that	12271
is in existence on ~~the effective date of this amendment~~April 6,	12272
2007, and that is not located within a permitted area of a mine.	12273

(D) A permittee's liability under the performance security	12274
shall be limited to the obligations established under the permit,	12275
which include completion of the reclamation plan in order to make	12276
the land capable of supporting the postmining land use that was	12277
approved in the permit. The period of liability under the	12278
performance security shall be for the duration of the coal mining	12279
and reclamation operation and for a period coincident with the	12280
operator's responsibility for revegetation requirements under	12281
section 1513.16 of the Revised Code.	12282

(E) The amount of the estimated cost of reclamation	12283
determined under division (B) of this section and the amount of a	12284
permittee's performance security provided in accordance with	12285
division (C)(1) of this section may be adjusted by the chief as	12286
the land that is affected by mining increases or decreases or if	12287
the cost of reclamation increases or decreases. If the performance	12288
security was provided in accordance with division (C)(2) of this	12289
section and the chief has issued a cessation order under division	12290
(D)(2) of section 1513.02 of the Revised Code for failure to abate	12291
a violation of the contemporaneous reclamation requirement under	12292
division (A)(15) of section 1513.16 of the Revised Code, the chief	12293
may require the permittee to increase the amount of performance	12294
security from twenty-five hundred dollars per acre of land to five	12295
thousand dollars per acre of land.	12296

The chief shall notify the permittee, each surety, and any	12297
person who has a property interest in the performance security and	12298
who has requested to be notified of any proposed adjustment to the	12299
performance security. The permittee may request an informal	12300
conference with the chief concerning the proposed adjustment, and	12301
the chief shall provide such an informal conference.	12302

If the chief increases the amount of performance security	12303
under this division, the permittee shall provide additional	12304
performance security in an amount determined by the chief. If the	12305
chief decreases the amount of performance security under this	12306
division, the chief shall determine the amount of the reduction of	12307
the performance security and send written notice of the amount of	12308
reduction to the permittee. The permittee may reduce the amount of	12309
the performance security in the amount determined by the chief.	12310

(F) A permittee may request a reduction in the amount of the	12311
performance security by submitting to the chief documentation	12312
proving that the amount of the performance security provided by	12313
the permittee exceeds the estimated cost of reclamation if the	12314
reclamation would have to be performed by the division in the	12315
event of forfeiture of the performance security. The chief shall	12316
examine the documentation and determine whether the permittee's	12317
performance security exceeds the estimated cost of reclamation. If	12318
the chief determines that the performance security exceeds that	12319
estimated cost, the chief shall determine the amount of the	12320
reduction of the performance security and send written notice of	12321
the amount to the permittee. The permittee may reduce the amount	12322
of the performance security in the amount determined by the chief.	12323
Adjustments in the amount of performance security under this	12324
division shall not be considered release of performance security	12325
and are not subject to section 1513.16 of the Revised Code.	12326

(G) If the performance security is a bond, it shall be	12327
executed by the operator and a corporate surety licensed to do	12328
business in this state. If the performance security is a cash	12329
deposit or negotiable certificates of deposit of a bank or savings	12330
and loan association, the bank or savings and loan association	12331
shall be licensed and operating in this state. The cash deposit or	12332
market value of the securities shall be equal to or greater than	12333
the amount of the performance security required under this	12334
section. The chief shall review any documents pertaining to the	12335
performance security and approve or disapprove the documents. The	12336
chief shall notify the applicant of the chief's determination.	12337

(H) If the performance security is a bond, the chief may	12338
accept the bond of the applicant itself without separate surety	12339
when the applicant demonstrates to the satisfaction of the chief	12340
the existence of a suitable agent to receive service of process	12341
and a history of financial solvency and continuous operation	12342
sufficient for authorization to self-insure or bond the amount.	12343

(I) Performance security provided under this section may be	12344
held in trust, provided that the state is the conditional	12345
beneficiary of the trust and the custodian of the performance	12346
security held in trust is a bank, trust company, or other	12347
financial institution that is licensed and operating in this	12348
state. The chief shall review the trust document and approve or	12349
disapprove the document. The chief shall notify the applicant of	12350
the chief's determination.	12351

(J) If a surety, bank, savings and loan association, trust	12352
company, or other financial institution that holds the performance	12353
security required under this section becomes insolvent, the	12354
permittee shall notify the chief of the insolvency, and the chief	12355
shall order the permittee to submit a plan for replacement	12356
performance security within thirty days after receipt of notice	12357
from the chief. If the permittee provided performance security in	12358
accordance with division (C)(1) of this section, the permittee	12359
shall provide the replacement performance security within ninety	12360
days after receipt of notice from the chief. If the permittee	12361
provided performance security in accordance with division (C)(2)	12362
of this section, the permittee shall provide the replacement	12363
performance security within one year after receipt of notice from	12364
the chief, and, for a period of one year after the permittee's	12365
receipt of notice from the chief or until the permittee provides	12366
the replacement performance security, whichever occurs first,	12367
money in the reclamation forfeiture fund shall be the permittee's	12368
replacement performance security in an amount not to exceed the	12369
estimated cost of reclamation as determined by the chief.	12370

(K) A permittee's responsibility for repairing material	12371
damage and replacement of water supply resulting from subsidence	12372
may be satisfied by liability insurance required under this	12373
chapter in lieu of the permittee's performance security if the	12374
liability insurance policy contains terms and conditions that	12375
specifically provide coverage for repairing material damage and	12376
replacement of water supply resulting from subsidence.	12377

(L) If the performance security provided in accordance with	12378
this section exceeds the estimated cost of reclamation, the chief	12379
may authorize the amount of the performance security that exceeds	12380
the estimated cost of reclamation together with any interest or	12381
other earnings on the performance security to be paid to the	12382
permittee.	12383

(M) A permittee that held a valid coal mining and reclamation	12384
permit immediately prior to April 6, 2007, shall provide, not	12385
later than a date established by the chief, performance security	12386
in accordance with division (C)(1) or (2) of this section, rather	12387
than in accordance with the law as it existed prior to that date,	12388
by filing it with the chief on a form that the chief prescribes	12389
and furnishes. Accordingly, for purposes of this section,	12390
"applicant" is deemed to include such a permittee.	12391

(N) As used in this section:

12392

(1) "Affiliate of the applicant" means an entity that has a	12393
parent entity in common with the applicant.	12394

(2) "Owner and controller of the applicant" means a person	12395
that has any relationship with the applicant that gives the person	12396
authority to determine directly or indirectly the manner in which	12397
the applicant conducts coal mining operations.	12398

Sec. 1513.18. (A) All money that becomes the property of the	12399
state under division (G) of section 1513.16 of the Revised Code	12400
shall be deposited in the reclamation forfeiture fund, which is	12401
hereby created in the state treasury. Disbursements from the fund	12402
shall be made by the chief of the division of mineral resources	12403
management for the purpose of reclaiming areas of land affected by	12404
coal mining under a coal mining and reclamation permit issued on	12405
or after September 1, 1981, on which an operator has defaulted.	12406

(B) The fund also shall consist of all money from the	12407
collection of liens under section 1513.081 of the Revised Code,	12408
any moneys transferred to it under section 1513.181 of the Revised	12409
Code from the coal mining and reclamation reserve fund created in	12410
that section, fines collected under division (E) of section	12411
1513.02 and section 1513.99 of the Revised Code, fines collected	12412
for a violation of section 2921.31 of the Revised Code that, prior	12413
to July 1, 1996, would have been a violation of division (G) of	12414
section 1513.17 of the Revised Code as it existed prior to that	12415
date, and moneys collected and credited to it pursuant to section	12416
5749.02 of the Revised Code. Disbursements from the fund shall be	12417
made by the chief in accordance with division (D) of this section	12418
for the purpose of reclaiming areas that an operator has affected	12419
by mining and failed to reclaim under a coal mining and	12420
reclamation permit issued under this chapter or under a surface	12421
mining permit issued under Chapter 1514. of the Revised Code.	12422

The chief may expend moneys from the fund to pay necessary	12423
administrative costs, including engineering and design services,	12424
incurred by the division of mineral resources management in	12425
reclaiming these areas. The chief also may expend moneys from the	12426
fund to pay necessary administrative costs of the reclamation	12427
forfeiture fund advisory board created in section 1513.182 of the	12428
Revised Code as authorized by the board under that section.	12429
Expenditures from the fund to pay such administrative costs need	12430
not be made under contract.	12431

(C) Except when paying necessary administrative costs	12432
authorized by division (B) of this section, expenditures from the	12433
fund shall be made under contracts entered into by the chief, with	12434
the approval of the director of natural resources, in accordance	12435
with procedures established by the chief, by rules adopted in	12436
accordance with section 1513.02 of the Revised Code. The chief	12437
may reclaim the land in the same manner as set forth in sections	12438
1513.21 to 1513.24 of the Revised Code. Each contract awarded by	12439
the chief shall be awarded to the lowest responsive and	12440
responsible bidder, in accordance with section 9.312 of the	12441
Revised Code, after sealed bids are received, opened, and	12442
published at the time and place fixed by the chief. The chief	12443
shall publish notice of the time and place at which bids will be	12444
received, opened, and published, at least once and at least ten	12445
days before the date of the opening of the bids, in a newspaper of	12446
general circulation in the county in which the area of land to be	12447
reclaimed under the contract is located. If, after advertising, no	12448
bids are received at the time and place fixed for receiving them,	12449
the chief may advertise again for bids, or, if the chief considers	12450
the public interest will best be served, the chief may enter into	12451
a contract for the reclamation of the area of land without further	12452
advertisement for bids. The chief may reject any or all bids	12453
received and again publish notice of the time and place at which	12454
bids for contracts will be received, opened, and published. The	12455
chief, with the approval of the director, may enter into a	12456
contract with the landowner, a coal mine operator or surface mine	12457
operator mining under a current, valid permit issued under this	12458
chapter or Chapter 1514. of the Revised Code, or a contractor	12459
hired by the surety or trustee, if the performance security is	12460
held in trust, to complete reclamation to carry out reclamation on	12461
land affected by coal mining on which an operator has defaulted	12462
without advertising for bids.	12463

(D)(1) The chief shall expend money credited to the	12464
reclamation forfeiture fund from the forfeiture of the performance	12465
security applicable to an area of land to pay for the cost of the	12466
reclamation of the land.	12467

(2) If the performance security for the area of land was	12468
provided under division (C)(1) of section 1513.08 of the Revised	12469
Code, the chief shall use the money from the forfeited performance	12470
security to complete the reclamation that the operator failed to	12471
do under the operator's applicable coal mining and reclamation	12472
permit issued under this chapter.	12473

(3) If the performance security for the area of land was	12474
provided under division (C)(2) of section 1513.08 of the Revised	12475
Code, the chief shall use the money from the forfeited performance	12476
security to complete the reclamation that the operator failed to	12477
do under the operator's applicable coal mining and reclamation	12478
permit issued under this chapter. If the money credited to the	12479
reclamation forfeiture fund from the forfeiture of the performance	12480
security provided under division (C)(2) of section 1513.08 of the	12481
Revised Code is not sufficient to complete the reclamation, the	12482
chief shall notify the reclamation forfeiture fund advisory board	12483
of the amount of the insufficiency. The chief may expend money	12484
credited to the reclamation forfeiture fund under section 5749.02	12485
of the Revised Code or transferred to the fund under section	12486
1513.181 of the Revised Code to complete the reclamation. The	12487
chief shall not expend money from the fund in an amount that	12488
exceeds the difference between the amount of the performance	12489
security provided under division (C)(2) of section 1513.08 of the	12490
Revised Code and the estimated cost of reclamation as determined	12491
by the chief under divisions (B) and (E) of that section.	12492

(4) Money from the reclamation forfeiture fund shall not be	12493
used for reclamation of land or water resources affected by	12494
material damage from subsidence,or mine drainage that requires	12495
extended water treatment after reclamation is completed under the	12496
terms of the permit~~, or coal preparation plants or coal refuse~~	12497
~~disposal areas not located within a permitted area of a mine if~~	12498
~~performance security for the area of land was provided under~~	12499
~~division (C)(2) of section 1513.08 of the Revised Code~~. In	12500
addition, money from the reclamation forfeiture fund shall not be	12501
used to supplement the performance security of an applicant or	12502
permittee that has provided performance security in accordance	12503
with division (C)(1) of section 1513.08 of the Revised Code.	12504

(E) The chief shall keep a detailed accounting of the	12505
expenditures from the reclamation forfeiture fund to complete	12506
reclamation of the land and, upon completion of the reclamation,	12507
shall certify the expenditures to the attorney general. Upon the	12508
chief's certification of the expenditures from the reclamation	12509
forfeiture fund, the attorney general shall bring an action for	12510
that amount of money. The operator is liable for that expense in	12511
addition to any other liabilities imposed by law. Moneys so	12512
recovered shall be credited to the reclamation forfeiture fund.	12513
The chief shall not postpone the reclamation because of any action	12514
brought by the attorney general under this division. Prior to	12515
completing reclamation, the chief may collect through the attorney	12516
general any additional amount that the chief believes will be	12517
necessary for reclamation in excess of the forfeited performance	12518
security amount applicable to the land that the operator should	12519
have, but failed to, reclaim.	12520

(F) Except as otherwise provided in division (H) of this	12521
section, if any part of the moneys in the reclamation forfeiture	12522
fund remains in the fund after the chief has caused the area of	12523
land to be reclaimed and has paid all the reclamation costs and	12524
expenses, the chief may expend those moneys to complete other	12525
reclamation work performed under this section on forfeiture areas	12526
affected under a coal mining and reclamation permit issued on or	12527
after September 1, 1981.	12528

(G) The chief shall require every contractor performing	12529
reclamation work pursuant to this section to pay workers at the	12530
greater of their regular rate of pay, as established by contract,	12531
agreement, or prior custom or practice, or the average wage rate	12532
paid in this state for the same or similar work as determined by	12533
the chief under section 1513.02 of the Revised Code.	12534

(H) All investment earnings of the fund shall be credited to	12535
the fund and shall be used only for the reclamation of land for	12536
which performance security was provided under division (C)(2) of	12537
section 1513.08 of the Revised Code.	12538

Sec. 1514.081. (A) As used in this section:

12539

(1) "Lime mining wastes" means residual solid or semisolid	12540
materials generated from lime ~~or limestone mining and processing~~	12541
calcining, lime processing, or lime manufacturing operations,	12542
including, without limitation, lime kiln dust, scrubber sludge	12543
from lime kiln operations, lime ~~or limestone~~ materials not meeting	12544
product specification, lime hydrating materials, and other lime or	12545
~~limestone mining~~manufacturing, processing, or calcining materials	12546
associated with lime ~~or limestone mining or~~ processing. "Lime	12547
mining wastes" does not include materials generated from the	12548
manufacture of cement.	12549

(2) "Beneficial use" means the use of lime mining wastes	12550
~~within a lime mining and reclamation area~~ for land application	12551
when it is utilized for agronomic purposes at standard agronomic	12552
rates as determined by standard soil testing, for land reclamation	12553
in accordance with this chapter and rules adopted under it,	12554
including, but not limited to, use as fill material, as defined by	12555
rule, in quarries, and for any other purposes designated by the	12556
chief of the division of mineral resources management, including	12557
demonstration projects approved by the chief.	12558

(3) "Solid waste disposal facility" means a facility for the	12559
disposal of solid wastes that is licensed under Chapter 3734. of	12560
the Revised Code.	12561

(4) "Disposal system" has the same meaning as in section	12562
6111.01 of the Revised Code.	12563

(B) Not later than two hundred seventy days after ~~the~~	12564
~~effective date of this section~~October 8, 2001, the chief shall	12565
adopt and may amend, suspend, or rescind rules in accordance with	12566
Chapter 119. of the Revised Code establishing standards and	12567
requirements for both of the following:	12568

(1) The beneficial use of lime mining wastes, including the	12569
beneficial use of lime mining wastes at lime mining and	12570
reclamation operations governed by this chapter;	12571

(2) The monitoring of ground water associated with the	12572
beneficial use of lime mining wastes and the taking of corrective	12573
action in the event of a subsurface discharge of leachate from the	12574
beneficial use of lime mining wastes or of contamination of ground	12575
water resulting from the beneficial use of lime mining wastes, in	12576
order to protect human health and environment.	12577

The beneficial use of lime mining wastes is subject to any	12578
applicable standards and requirements established under this	12579
chapter and rules adopted under it. Until such time as the chief	12580
adopts rules under this section, the beneficial use of lime mining	12581
wastes shall require the prior written approval of the chief in a	12582
surface mining permit issued under this chapter.	12583

(C) The beneficial use of lime mining wastes does not	12584
constitute establishing a solid waste disposal facility or a	12585
disposal system. A beneficial use of lime mining wastes that is	12586
authorized under this section is not subject to any of the	12587
following:	12588

(1) Permit and license requirements for solid waste	12589
facilities established under sections 3734.02 and 3734.05 of the	12590
Revised Code;	12591

(2) The prohibition against open dumping of solid wastes	12592
established under section 3734.03 of the Revised Code;	12593

(3) Solid waste disposal and generation fees established	12594
under sections 3734.57 to 3734.574 of the Revised Code;	12595

(4) Permit to install and plan approval requirements and	12596
prohibitions established under sections 6111.03, 6111.04, 6111.44,	12597
and 6111.45 of the Revised Code.	12598

Nothing in this section shall be construed to limit any other	12599
requirements that are applicable to the beneficial use of lime	12600
mining wastes under Chapter 905., 3704., 3714., 3734., or 6111. of	12601
the Revised Code or any local or federal laws, including, without	12602
limitation, requirements governing air pollution control permits,	12603
hazardous waste installation and operation permits, national	12604
pollutant discharge elimination system permits, and section 401	12605
water quality certifications.	12606

Sec. 1514.40. In accordance with Chapter 119. of the Revised	12607
Code, the chief of the division of mineral resources management,	12608
in consultation with a statewide association that represents the	12609
surface mining industry, shall adopt rules that do all of the	12610
following:	12611

(A) For the purpose of establishing safety standards	12612
governing surface mining operations, incorporate by reference 30	12613
C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended;	12614

(B) Establish criteria, standards, and procedures governing	12615
safety performance evaluations conducted under section 1514.45 of	12616
the Revised Code, including requirements for the notification of	12617
operators and the identification of authorized representatives of	12618
miners at surface mining operations for purposes of inspections	12619
conducted under sections ~~1541.41~~1514.41 to ~~1541.47~~1514.47 of the	12620
Revised Code;	12621

(C) Establish requirements governing the reporting and	12622
investigation of accidents at surface mining operations. In	12623
adopting the rules, the chief shall establish requirements that	12624
minimize duplication with any reporting and investigations of	12625
accidents that are conducted by the mine safety and health	12626
administration in the United States department of labor.	12627

(D) Establish the time, place, and frequency of mine safety	12628
training conducted under section 1514.06 of the Revised Code and a	12629
fee, if any, for the purpose of that section. The amount of the	12630
fee shall not exceed the costs of conducting the training that is	12631
required under that section.	12632

(E) Establish the minimum qualifications necessary to take	12633
the examination that is required for certification of certified	12634
mine forepersons under division (B) of section 1514.47 of the	12635
Revised Code and requirements, fees, and procedures governing the	12636
taking of the examination;	12637

(F) Establish requirements and fees governing the renewal of	12638
certificates under division (C) of that section;	12639

(G) Establish requirements and procedures for the approval of	12640
training plans submitted under division (E) of that section for	12641
the use of qualified persons to conduct examinations of surface	12642
mining operations in lieu of certified mine forepersons and	12643
minimum qualifications of those persons. The rules shall include	12644
requirements governing training frequency and curriculum that must	12645
be provided for qualified persons under such plans and shall	12646
establish related reporting and record keeping requirements.	12647

As used in sections 1514.41 to 1514.47 of the Revised Code,	12648
"rule" means a rule adopted under this section unless the context	12649
indicates otherwise.	12650

Sec. 1521.01. As used in sections 1521.01 to 1521.05,and	12651
1521.13 to 1521.18~~, and 1521.20 to 1521.30~~ of the Revised Code:	12652

(A) "Consumptive use," "diversion," "Lake Erie drainage	12653
basin," "other great lakes states and provinces," "water	12654
resources," and "waters of the state" have the same meanings as in	12655
section 1501.30 of the Revised Code.	12656

(B) "Well" means any excavation, regardless of design or	12657
method of construction, created for any of the following purposes:	12658

(1) Removing ground water from or recharging water into an	12659
aquifer, excluding subsurface drainage systems installed to	12660
enhance agricultural crop production or urban or suburban	12661
landscape management or to control seepage in dams, dikes, and	12662
levees;	12663

(2) Determining the quantity, quality, level, or movement of	12664
ground water in or the stratigraphy of an aquifer, excluding	12665
borings for instrumentation in dams, dikes, levees, or highway	12666
embankments;	12667

(3) Removing or exchanging heat from ground water, excluding	12668
horizontal trenches that are installed for water source heat pump	12669
systems.	12670

(C) "Aquifer" means a consolidated or unconsolidated geologic	12671
formation or series of formations that are hydraulically	12672
interconnected and that have the ability to receive, store, or	12673
transmit water.	12674

(D) "Ground water" means all water occurring in an aquifer.

12675

(E) "Ground water stress area" means a definable geographic	12676
area in which ground water quantity is being affected by human	12677
activity or natural forces to the extent that continuous	12678
availability of supply is jeopardized by withdrawals.	12679

(F) "Person" has the same meaning as in section 1.59 of the	12680
Revised Code and also includes the United States, the state, any	12681
political subdivision of the state, and any department, division,	12682
board, commission, agency, or instrumentality of the United	12683
States, the state, or a political subdivision of the state.	12684

(G) "State agency" or "agency of the state" has the same	12685
meaning as "agency" in section 111.15 of the Revised Code.	12686

(H) "Development" means any artificial change to improved or	12687
unimproved real estate, including the construction of buildings	12688
and other structures, any substantial improvement of a structure,	12689
mining, dredging, filling, grading, paving, excavating, and	12690
drilling operations, and storage of equipment or materials.	12691

(I) "Floodplain" means the area adjoining any river, stream,	12692
watercourse, or lake that has been or may be covered by flood	12693
water.	12694

(J) "Floodplain management" means the implementation of an	12695
overall program of corrective and preventive measures for reducing	12696
flood damage, including the collection and dissemination of flood	12697
information, construction of flood control works, nonstructural	12698
flood damage reduction techniques, and adoption of rules,	12699
ordinances, or resolutions governing development in floodplains.	12700

(K) "One-hundred-year flood" means a flood having a one per	12701
cent chance of being equaled or exceeded in any given year.	12702

(L) "One-hundred-year floodplain" means that portion of a	12703
floodplain inundated by a one-hundred-year flood.	12704

(M) "Structure" means a walled and roofed building,	12705
including, without limitation, gas or liquid storage tanks, mobile	12706
homes, and manufactured homes.	12707

(N) "Substantial improvement" means any reconstruction,	12708
rehabilitation, addition, or other improvement of a structure, the	12709
cost of which equals or exceeds fifty per cent of the market value	12710
of the structure before the start of construction of the	12711
improvement. "Substantial improvement" includes repairs to	12712
structures that have incurred substantial damage regardless of the	12713
actual repair work performed. "Substantial improvement" does not	12714
include either of the following:	12715

(1) Any project for the improvement of a structure to correct	12716
existing violations of state or local health, sanitary, or safety	12717
code specifications that have been identified by the state or	12718
local code enforcement official having jurisdiction and that are	12719
the minimum necessary to ensure safe living conditions;	12720

(2) Any alteration of an historic structure designated or	12721
listed pursuant to federal or state law, provided that the	12722
alteration will not preclude the structure's continued listing or	12723
designation as an historic structure.	12724

(O) ~~"Shore structure" includes, but is not limited to:~~	12725
~~beaches; groins; revetments; bulkheads; seawalls; breakwaters;~~	12726
~~certain dikes designated by the chief of the division of water;~~	12727
~~piers; docks; jetties; wharves; marinas; boat ramps; any~~	12728
~~associated fill or debris used as part of the construction of~~	12729
~~shore structures that may affect shore erosion, wave action, or~~	12730
~~inundation; and fill or debris placed along or near the shore,~~	12731
~~including bluffs, banks, or beach ridges, for the purpose of~~	12732
~~stabilizing slopes.~~	12733

~~(P)~~ "Substantial damage" means damage of any origin that is	12734
sustained by a structure if the cost of restoring the structure to	12735
its condition prior to the damage would equal or exceed fifty per	12736
cent of the market value of the structure before the damage	12737
occurred.	12738

~~(Q)~~(P) "National flood insurance program" means the national	12739
flood insurance program established in the "National Flood	12740
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended,	12741
and regulations adopted under it.	12742

~~(R)~~(Q) "Conservancy district" means a conservancy district	12743
established under Chapter 6101. of the Revised Code.	12744

~~(S) "Park board" means the board of park commissioners of a~~	12745
~~park district created under Chapter 1545. of the Revised Code.~~	12746

~~(T) "Erosion control structure" means anything that is~~	12747
~~designed primarily to reduce or control erosion of the shore along~~	12748
~~or near lake erie, including, but not limited to, revetments,~~	12749
~~seawalls, bulkheads, certain breakwaters designated by the chief,~~	12750
~~and similar structures. "Erosion control structure" does not~~	12751
~~include wharves, piers, docks, marinas, boat ramps, and other~~	12752
~~similar structures.~~	12753

Sec. 1521.99. (A) Whoever violates division (E)(1) of	12754
section 1521.05 or division (E)(1) of section 1521.16 of the	12755
Revised Code is guilty of a misdemeanor of the fourth degree.	12756

(B) Whoever violates section 1521.06 or 1521.062 of the	12757
Revised Code shall be fined not less than one hundred dollars nor	12758
more than one thousand dollars for each offense. Each day of	12759
violation constitutes a separate offense.	12760

~~(C) Whoever violates sections 1521.20 to 1521.30 of the~~	12761
~~Revised Code shall be fined not less than one hundred dollars nor~~	12762
~~more than one thousand dollars for each offense. Each day of~~	12763
~~violation constitutes a separate offense.~~	12764

Sec. 1531.06. (A) The chief of the division of wildlife,	12765
with the approval of the director of natural resources, may	12766
acquire by gift, lease, purchase, or otherwise lands or surface	12767
rights upon lands and waters or surface rights upon waters for	12768
wild animals, fish or game management, preservation, propagation,	12769
and protection, outdoor and nature activities, public fishing and	12770
hunting grounds, and flora and fauna preservation. The chief, with	12771
the approval of the director, may receive by grant, devise,	12772
bequest, donation, or assignment evidences of indebtedness, the	12773
proceeds of which are to be used for the purchase of such lands or	12774
surface rights upon lands and waters or surface rights upon	12775
waters.	12776

(B)(1) The chief shall adopt rules for the protection of	12777
state-owned or leased lands and waters and property under the	12778
control of the division of wildlife against wrongful use or	12779
occupancy that will ensure the carrying out of the intent of this	12780
section, protect those lands, waters, and property from	12781
depredations, and preserve them from molestation, spoilation,	12782
destruction, or any improper use or occupancy thereof, including	12783
rules with respect to recreational activities and for the	12784
government and use of such lands, waters, and property.	12785

(2) The chief may adopt rules benefiting wild animals, fish	12786
or game management, preservation, propagation, and protection,	12787
outdoor and nature activities, public fishing and hunting grounds,	12788
and flora and fauna preservation, and regulating the taking and	12789
possession of wild animals on any lands or waters owned or leased	12790
or under the division's supervision and control and, for a	12791
specified period of years, may prohibit or recall the taking and	12792
possession of any wild animal on any portion of such lands or	12793
waters. The division clearly shall define and mark the boundaries	12794
of the lands and waters owned or leased or under its supervision	12795
and control upon which the taking of any wild animal is	12796
prohibited.	12797

(C) The chief, with the approval of the director, may acquire	12798
by gift, lease, or purchase land for the purpose of establishing	12799
state fish hatcheries and game farms and may erect on it buildings	12800
or structures that are necessary.	12801

The title to or lease of such lands and waters shall be taken	12802
by the chief in the name of the state. The lease or purchase price	12803
of all such lands and waters may be paid from hunting and trapping	12804
and fishing licenses and any other funds.	12805

(D) To provide more public recreation, stream and lake	12806
agreements for public fishing only may be obtained under rules	12807
adopted by the chief.	12808

(E) The chief, with the approval of the director, may	12809
establish user fees for the use of special public facilities or	12810
participation in special activities on lands and waters	12811
administered by the division. The special facilities and	12812
activities may include hunting or fishing on special designated	12813
public lands and waters intensively managed or stocked with	12814
artificially propagated game birds or fish, field trial	12815
facilities, wildlife nature centers, firearm ranges, boat mooring	12816
facilities, camping sites, and other similar special facilities	12817
and activities. The chief shall determine whether the user fees	12818
are refundable and shall ensure that that information is provided	12819
at the time the user fees are paid.	12820

(F) The chief, with the approval of the director, may enter	12821
into lease agreements for rental of concessions or other special	12822
projects situated on state-owned or leased lands or waters or	12823
other property under the division's control. The chief shall set	12824
and collect the fees for concession rentals or other special	12825
projects; regulate through contracts between the division and	12826
concessionaires the sale of tangible objects at concessions or	12827
other special projects; and keep a record of all such fee payments	12828
showing the amount received, from whom received, and for what	12829
purpose the fee was collected.	12830

(G) The chief may sell or donate conservation-related items	12831
or items that promote wildlife conservation, including, but not	12832
limited to, stamps, pins, badges, books, bulletins, maps,	12833
publications, calendars, and any other educational article or	12834
artifact pertaining to wild animals; sell confiscated or forfeited	12835
items; and sell surplus structures and equipment, and timber or	12836
crops from lands owned, administered, leased, or controlled by the	12837
division. The chief, with the approval of the director, also may	12838
engage in campaigns and special events that promote wildlife	12839
conservation by selling or donating wildlife-related materials,	12840
memberships, and other items of promotional value.	12841

(H) The chief may sell, lease, or transfer minerals or	12842
mineral rights, with the approval of the director, when the chief	12843
and the director determine it to be in the best interest of the	12844
state. Upon approval of the director, the chief may make, execute,	12845
and deliver contracts, including leases, to mine, drill, or	12846
excavate iron ore, stone, coal, petroleum, gas, salt, and other	12847
minerals upon and under lands owned by the state and administered	12848
by the division to any person who complies with the terms of such	12849
a contract. No such contract shall be valid for more than fifty	12850
years from its effective date. Consideration for minerals and	12851
mineral rights shall be by rental or royalty basis as prescribed	12852
by the chief and payable as prescribed by contract. Moneys	12853
collected under this division shall be paid into the state	12854
treasury to the credit of the wildlife habitat fund created in	12855
section 1531.33 of the Revised Code. Contracts entered into under	12856
this division also may provide for consideration for minerals or	12857
mineral rights in the form of acquisition of lands as provided	12858
under divisions (A) and (C) of this section.	12859

(I) All moneys received under divisions (E), (F), and (G) of	12860
this section shall be paid into the state treasury to the credit	12861
of a fund that shall be used for the purposes outlined in section	12862
1533.15 of the Revised Code and for the management of other wild	12863
animals for their ecological and nonconsumptive recreational value	12864
or benefit.	12865

(J) The chief, with the approval of the director, may barter	12866
or sell wild animals to other states, state or federal agencies,	12867
and conservation or zoological organizations. Moneys received from	12868
the sale of wild animals shall be deposited into the wild animal	12869
fund created in section 1531.34 of the Revised Code.	12870

(K) The chief shall adopt rules establishing standards and	12871
guidelines for the administration of contraceptive chemicals to	12872
noncaptive wild animals. The rules may specify chemical delivery	12873
methods and devices and monitoring requirements.	12874

The chief shall establish criteria for the issuance of and	12875
shall issue permits for the administration of contraceptive	12876
chemicals to noncaptive wild animals. No person shall administer	12877
contraceptive chemicals to noncaptive wild animals without a	12878
permit issued by the chief.	12879

(L) All fees set by the chief under this section shall be	12880
approved by the wildlife council.	12881

(M) Information contained in the wildlife diversity database	12882
that is established pursuant to division (B)(2) of this section	12883
and section 1531.25 of the Revised Code may be made available to	12884
any individual or public or private agency for research,	12885
educational, environmental, land management, or other similar	12886
purposes that are not detrimental to the conservation of a species	12887
or feature. Information regarding sensitive site locations of	12888
species that are listed pursuant to section 1531.25 of the Revised	12889
Code and of features that are included in the wildlife diversity	12890
database is not subject to section 149.43 of the Revised Code if	12891
the chief determines that the release of the information could be	12892
detrimental to the conservation of a species or feature.	12893

Sec. 1531.35. The wildlife boater angler fund is hereby	12894
created in the state treasury. The fund shall consist of money	12895
credited to the fund pursuant to section 5735.051 of the Revised	12896
Code and other money contributed to the division of wildlife for	12897
the purposes of the fund. The fund shall be used for boating	12898
access construction, improvements, and maintenance, and to pay for	12899
equipment and personnel costs involved with those activities, on	12900
lakes on which the operation of gasoline-powered watercraft is	12901
permissible. However, not more than two hundred thousand dollars	12902
of the annual expenditures from the fund may be used to pay for	12903
the equipment and personnel costs.	12904

Sec. 1555.08. (A) Subject to the limitations provided in	12905
Section 15 of Article VIII, Ohio Constitution, the commissioners	12906
of the sinking fund, upon certification by the director of the	12907
Ohio coal development office of the amount of moneys or additional	12908
moneys needed in the coal research and development fund for the	12909
purpose of making grants or loans for allowable costs, or needed	12910
for capitalized interest, for funding reserves, and for paying	12911
costs and expenses incurred in connection with the issuance,	12912
carrying, securing, paying, redeeming, or retirement of the	12913
obligations or any obligations refunded thereby, including payment	12914
of costs and expenses relating to letters of credit, lines of	12915
credit, insurance, put agreements, standby purchase agreements,	12916
indexing, marketing, remarketing and administrative arrangements,	12917
interest swap or hedging agreements, and any other credit	12918
enhancement, liquidity, remarketing, renewal, or refunding	12919
arrangements, all of which are authorized by this section, or	12920
providing moneys for loan guarantees, shall issue obligations of	12921
the state under this section in amounts authorized by the general	12922
assembly; provided that such obligations may be issued to the	12923
extent necessary to satisfy the covenants in contracts of	12924
guarantee made under section 1555.05 of the Revised Code to issue	12925
obligations to meet such guarantees, notwithstanding limitations	12926
otherwise applicable to the issuance of obligations under this	12927
section except the one-hundred-million-dollar limitation provided	12928
in Section 15 of Article VIII, Ohio Constitution. The proceeds of	12929
such obligations, except for the portion to be deposited in the	12930
coal research and development bond service fund as may be provided	12931
in the bond proceedings, shall as provided in the bond proceedings	12932
be deposited in the coal research and development fund. The	12933
commissioners of the sinking fund may appoint trustees, paying	12934
agents, and transfer agents and may retain the services of	12935
financial advisors, accounting experts, and attorneys, and retain	12936
or contract for the services of marketing, remarketing, indexing,	12937
and administrative agents, other consultants, and independent	12938
contractors, including printing services, as are necessary in	12939
their judgment to carry out this section.	12940

(B) The full faith and credit of the state of Ohio is hereby	12941
pledged to obligations issued under this section. The right of the	12942
holders and owners to payment of bond service charges is limited	12943
to all or that portion of the moneys pledged thereto pursuant to	12944
the bond proceedings in accordance with this section, and each	12945
such obligation shall bear on its face a statement to that effect.	12946

(C) Obligations shall be authorized by resolution of the	12947
commissioners of the sinking fund on request of the director of	12948
the Ohio coal development office as provided in section 1555.02 of	12949
the Revised Code and the bond proceedings shall provide for the	12950
purpose thereof and the principal amount or amounts, and shall	12951
provide for or authorize the manner or agency for determining the	12952
principal maturity or maturities, not exceeding forty years from	12953
the date of issuance, the interest rate or rates or the maximum	12954
interest rate, the date of the obligations and the dates of	12955
payment of interest thereon, their denomination, and the	12956
establishment within or without the state of a place or places of	12957
payment of bond service charges. Sections 9.98 to 9.983 of the	12958
Revised Code apply to obligations issued under this section. The	12959
purpose of such obligations may be stated in the bond proceedings	12960
in terms describing the general purpose or purposes to be served.	12961
The bond proceedings shall also provide, subject to the provisions	12962
of any other applicable bond proceedings, for the pledge of all,	12963
or such part as the commissioners of the sinking fund may	12964
determine, of the moneys credited to the coal research and	12965
development bond service fund to the payment of bond service	12966
charges, which pledges may be made either prior or subordinate to	12967
other expenses, claims, or payments and may be made to secure the	12968
obligations on a parity with obligations theretofore or thereafter	12969
issued, if and to the extent provided in the bond proceedings. The	12970
moneys so pledged and thereafter received by the state are	12971
immediately subject to the lien of such pledge without any	12972
physical delivery thereof or further act, and the lien of any such	12973
pledges is valid and binding against all parties having claims of	12974
any kind against the state or any governmental agency of the	12975
state, irrespective of whether such parties have notice thereof,	12976
and shall create a perfected security interest for all purposes of	12977
Chapter 1309. of the Revised Code, without the necessity for	12978
separation or delivery of funds or for the filing or recording of	12979
the bond proceedings by which such pledge is created or any	12980
certificate, statement or other document with respect thereto; and	12981
the pledge of such moneys is effective and the money therefrom and	12982
thereof may be applied to the purposes for which pledged without	12983
necessity for any act of appropriation. Every pledge, and every	12984
covenant and agreement made with respect thereto, made in the bond	12985
proceedings may therein be extended to the benefit of the owners	12986
and holders of obligations authorized by this section, and to any	12987
trustee therefor, for the further security of the payment of the	12988
bond service charges.	12989

(D) The bond proceedings may contain additional provisions as	12990
to:	12991

(1) The redemption of obligations prior to maturity at the	12992
option of the commissioners of the sinking fund at such price or	12993
prices and under such terms and conditions as are provided in the	12994
bond proceedings;	12995

(2) Other terms of the obligations;

12996

(3) Limitations on the issuance of additional obligations;

12997

(4) The terms of any trust agreement or indenture securing	12998
the obligations or under which the obligations may be issued;	12999

(5) The deposit, investment, and application of the coal	13000
research and development bond service fund, and the safeguarding	13001
of moneys on hand or on deposit, without regard to Chapter 131. or	13002
135. of the Revised Code, but subject to any special provisions of	13003
this chapter, with respect to particular moneys; provided, that	13004
any bank or trust company which acts as depository of any moneys	13005
in the fund may furnish such indemnifying bonds or may pledge such	13006
securities as required by the commissioners of the sinking fund;	13007

(6) Any other provision of the bond proceedings being binding	13008
upon the commissioners of the sinking fund, or such other body or	13009
person as may from time to time have the authority under law to	13010
take such actions as may be necessary to perform all or any part	13011
of the duty required by such provision;	13012

(7) Any provision which may be made in a trust agreement or	13013
indenture;	13014

(8) Any other or additional agreements with the holders of	13015
the obligations, or the trustee therefor, relating to the	13016
obligations or the security therefor, including the assignment of	13017
mortgages or other security obtained or to be obtained for loans	13018
under this chapter.	13019

(E) The obligations may have the great seal of the state or a	13020
facsimile thereof affixed thereto or printed thereon. The	13021
obligations shall be signed by such members of the commissioners	13022
of the sinking fund as are designated in the resolution	13023
authorizing the obligations or bear the facsimile signatures of	13024
such members. Any coupons attached to the obligations shall bear	13025
the facsimile signature of the treasurer of state. Any obligations	13026
may be executed by the persons who, on the date of execution, are	13027
the commissioners although on the date of such bonds the persons	13028
were not the commissioners. Any coupons may be executed by the	13029
person who, on the date of execution, is the treasurer of state	13030
although on the date of such coupons the person was not the	13031
treasurer of state. In case any officer or commissioner whose	13032
signature or a facsimile of whose signature appears on any such	13033
obligations or any coupons ceases to be such officer or	13034
commissioner before delivery thereof, such signature or facsimile	13035
is nevertheless valid and sufficient for all purposes as if the	13036
individual had remained such officer or commissioner until such	13037
delivery; and in case the seal to be affixed to obligations has	13038
been changed after a facsimile of the seal has been imprinted on	13039
such obligations, such facsimile seal shall continue to be	13040
sufficient as to such obligations and obligations issued in	13041
substitution or exchange therefor.	13042

(F) All obligations except loan guarantees are negotiable	13043
instruments and securities under Chapter 1308. of the Revised	13044
Code, subject to the provisions of the bond proceedings as to	13045
registration. The obligations may be issued in coupon or in	13046
registered form, or both, as the commissioners of the sinking fund	13047
determine. Provision may be made for the registration of any	13048
obligations with coupons attached thereto as to principal alone or	13049
as to both principal and interest, their exchange for obligations	13050
so registered, and for the conversion or reconversion into	13051
obligations with coupons attached thereto of any obligations	13052
registered as to both principal and interest, and for reasonable	13053
charges for such registration, exchange, conversion, and	13054
reconversion.	13055

(G) Obligations may be sold at public sale or at private	13056
sale, as determined in the bond proceedings.	13057

(H) Pending preparation of definitive obligations, the	13058
commissioners of the sinking fund may issue interim receipts or	13059
certificates which shall be exchanged for such definitive	13060
obligations.	13061

(I) In the discretion of the commissioners of the sinking	13062
fund, obligations may be secured additionally by a trust agreement	13063
or indenture between the commissioners and a corporate trustee,	13064
which may be any trust company or bank having ~~its principal~~a	13065
place of business within the state. Any such agreement or	13066
indenture may contain the resolution authorizing the issuance of	13067
the obligations, any provisions that may be contained in any bond	13068
proceedings, and other provisions that are customary or	13069
appropriate in an agreement or indenture of such type, including,	13070
but not limited to:	13071

(1) Maintenance of each pledge, trust agreement, indenture,	13072
or other instrument comprising part of the bond proceedings until	13073
the state has fully paid the bond service charges on the	13074
obligations secured thereby, or provision therefor has been made;	13075

(2) In the event of default in any payments required to be	13076
made by the bond proceedings, or any other agreement of the	13077
commissioners of the sinking fund made as a part of the contract	13078
under which the obligations were issued, enforcement of such	13079
payments or agreement by mandamus, the appointment of a receiver,	13080
suit in equity, action at law, or any combination of the	13081
foregoing;	13082

(3) The rights and remedies of the holders of obligations and	13083
of the trustee, and provisions for protecting and enforcing them,	13084
including limitations on rights of individual holders of	13085
obligations;	13086

(4) The replacement of any obligations that become mutilated	13087
or are destroyed, lost, or stolen;	13088

(5) Such other provisions as the trustee and the	13089
commissioners of the sinking fund agree upon, including	13090
limitations, conditions, or qualifications relating to any of the	13091
foregoing.	13092

(J) Any holder of obligations or a trustee under the bond	13093
proceedings, except to the extent that the holder's rights are	13094
restricted by the bond proceedings, may by any suitable form of	13095
legal proceedings protect and enforce any rights under the laws of	13096
this state or granted by such bond proceedings. Such rights	13097
include the right to compel the performance of all duties of the	13098
commissioners of the sinking fund, the Ohio air quality	13099
development authority, or the Ohio coal development office	13100
required by this chapter and Chapter 1551. of the Revised Code or	13101
the bond proceedings; to enjoin unlawful activities; and in the	13102
event of default with respect to the payment of any bond service	13103
charges on any obligations or in the performance of any covenant	13104
or agreement on the part of the commissioners, the authority, or	13105
the office in the bond proceedings, to apply to a court having	13106
jurisdiction of the cause to appoint a receiver to receive and	13107
administer the moneys pledged, other than those in the custody of	13108
the treasurer of state, that are pledged to the payment of the	13109
bond service charges on such obligations or that are the subject	13110
of the covenant or agreement, with full power to pay, and to	13111
provide for payment of bond service charges on, such obligations,	13112
and with such powers, subject to the direction of the court, as	13113
are accorded receivers in general equity cases, excluding any	13114
power to pledge additional revenues or receipts or other income or	13115
moneys of the commissioners of the sinking fund or the state or	13116
governmental agencies of the state to the payment of such	13117
principal and interest and excluding the power to take possession	13118
of, mortgage, or cause the sale or otherwise dispose of any	13119
project.	13120

Each duty of the commissioners of the sinking fund and their	13121
employees, and of each governmental agency and its officers,	13122
members, or employees, undertaken pursuant to the bond proceedings	13123
or any grant, loan, or loan guarantee agreement made under	13124
authority of this chapter, and in every agreement by or with the	13125
commissioners, is hereby established as a duty of the	13126
commissioners, and of each such officer, member, or employee	13127
having authority to perform such duty, specifically enjoined by	13128
the law resulting from an office, trust, or station within the	13129
meaning of section 2731.01 of the Revised Code.	13130

The persons who are at the time the commissioners of the	13131
sinking fund, or their employees, are not liable in their personal	13132
capacities on any obligations issued by the commissioners or any	13133
agreements of or with the commissioners.	13134

(K) Obligations issued under this section are lawful	13135
investments for banks, societies for savings, savings and loan	13136
associations, deposit guarantee associations, trust companies,	13137
trustees, fiduciaries, insurance companies, including domestic for	13138
life and domestic not for life, trustees or other officers having	13139
charge of sinking and bond retirement or other special funds of	13140
political subdivisions and taxing districts of this state, the	13141
commissioners of the sinking fund of the state, the administrator	13142
of workers' compensation, the state teachers retirement system,	13143
the public employees retirement system, the school employees	13144
retirement system, and the Ohio police and fire pension fund,	13145
notwithstanding any other provisions of the Revised Code or rules	13146
adopted pursuant thereto by any governmental agency of the state	13147
with respect to investments by them, and are also acceptable as	13148
security for the deposit of public moneys.	13149

(L) If the law or the instrument creating a trust pursuant to	13150
division (I) of this section expressly permits investment in	13151
direct obligations of the United States or an agency of the United	13152
States, unless expressly prohibited by the instrument, such moneys	13153
also may be invested in no-front-end-load money market mutual	13154
funds consisting exclusively of obligations of the United States	13155
or an agency of the United States and in repurchase agreements,	13156
including those issued by the fiduciary itself, secured by	13157
obligations of the United States or an agency of the United	13158
States; and in collective investment funds established in	13159
accordance with section 1111.14 of the Revised Code and consisting	13160
exclusively of any such securities, notwithstanding division	13161
(A)(1)(c) of that section. The income from such investments shall	13162
be credited to such funds as the commissioners of the sinking fund	13163
determine, and such investments may be sold at such times as the	13164
commissioners determine or authorize.	13165

(M) Provision may be made in the applicable bond proceedings	13166
for the establishment of separate accounts in the bond service	13167
fund and for the application of such accounts only to the	13168
specified bond service charges on obligations pertinent to such	13169
accounts and bond service fund and for other accounts therein	13170
within the general purposes of such fund. Moneys to the credit of	13171
the bond service fund shall be disbursed on the order of the	13172
treasurer of state; provided, that no such order is required for	13173
the payment from the bond service fund when due of bond service	13174
charges on obligations.	13175

(N) The commissioners of the sinking fund may pledge all, or	13176
such portion as they determine, of the receipts of the bond	13177
service fund to the payment of bond service charges on obligations	13178
issued under this section, and for the establishment and	13179
maintenance of any reserves, as provided in the bond proceedings,	13180
and make other provisions therein with respect to pledged receipts	13181
as authorized by this chapter, which provisions control	13182
notwithstanding any other provisions of law pertaining thereto.	13183

(O) The commissioners of the sinking fund may covenant in the	13184
bond proceedings, and any such covenants control notwithstanding	13185
any other provision of law, that the state and applicable officers	13186
and governmental agencies of the state, including the general	13187
assembly, so long as any obligations are outstanding, shall:	13188

(1) Maintain statutory authority for and cause to be levied	13189
and collected taxes so that the pledged receipts are sufficient in	13190
amount to meet bond service charges, and the establishment and	13191
maintenance of any reserves and other requirements provided for in	13192
the bond proceedings, and, as necessary, to meet covenants	13193
contained in any loan guarantees made under this chapter;	13194

(2) Take or permit no action, by statute or otherwise, that	13195
would impair the exemption from federal income taxation of the	13196
interest on the obligations.	13197

(P) All moneys received by or on account of the state and	13198
required by the applicable bond proceedings, consistent with this	13199
section, to be deposited, transferred, or credited to the coal	13200
research and development bond service fund, and all other moneys	13201
transferred or allocated to or received for the purposes of the	13202
fund, shall be credited to such fund and to any separate accounts	13203
therein, subject to applicable provisions of the bond proceedings,	13204
but without necessity for any act of appropriation. During the	13205
period beginning with the date of the first issuance of	13206
obligations and continuing during such time as any such	13207
obligations are outstanding, and so long as moneys in the bond	13208
service fund are insufficient to pay all bond service charges on	13209
such obligations becoming due in each year, a sufficient amount of	13210
moneys of the state are committed and shall be paid to the bond	13211
service fund in each year for the purpose of paying the bond	13212
service charges becoming due in that year without necessity for	13213
further act of appropriation for such purpose. The bond service	13214
fund is a trust fund and is hereby pledged to the payment of bond	13215
service charges to the extent provided in the applicable bond	13216
proceedings, and payment thereof from such fund shall be made or	13217
provided for by the treasurer of state in accordance with such	13218
bond proceedings without necessity for any act of appropriation.	13219
All investment earnings of the fund shall be credited to the fund.	13220

(Q) For purposes of establishing the limitations contained in	13221
Section 15 of Article VIII, Ohio Constitution, the "principal	13222
amount" refers to the aggregate of the offering price of the bonds	13223
or notes. "Principal amount" does not refer to the aggregate value	13224
at maturity or redemption of the bonds or notes.	13225

(R) This section applies only with respect to obligations	13226
issued and delivered prior to September 30, 2000.	13227

Sec. 1557.03. (A)(1) The commissioners of the sinking fund	13228
are authorized to issue and sell, as provided in this section and	13229
in amounts from time to time authorized by the general assembly,	13230
general obligations of this state for the purpose of financing or	13231
assisting in the financing of the costs of projects. The full	13232
faith and credit, revenues, and taxing power of the state are and	13233
shall be pledged to the timely payment of debt charges on	13234
outstanding obligations, all in accordance with Section 2l of	13235
Article VIII, Ohio Constitution, and Chapter 1557. of the Revised	13236
Code, excluding from that pledge fees, excises, or taxes relating	13237
to the registration, operation, or use of vehicles on the public	13238
highways, or to fuels used for propelling those vehicles, and so	13239
long as such obligations are outstanding there shall be levied and	13240
collected excises and taxes, excluding those excepted above, in	13241
amount sufficient to pay the debt charges on such obligations and	13242
financing costs relating to credit enhancement facilities.	13243

(2) For meetings of the commissioners of the sinking fund	13244
pertaining to the obligations under this chapter, each of the	13245
commissioners may designate an employee or officer of that	13246
commissioner's office to attend meetings when that commissioner is	13247
absent for any reason, and such designee, when present, shall be	13248
counted in determining whether a quorum is present at any meeting	13249
and may vote and participate in all proceedings and actions of the	13250
commissioners at that meeting pertaining to the obligations,	13251
provided, that such designee shall not execute or cause a	13252
facsimile of the designee's signature to be placed on any	13253
obligation, or execute any trust agreement or indenture of the	13254
commissioners. Such designation shall be in writing, executed by	13255
the designating member, and shall be filed with the secretary of	13256
the commissioners and such designation may be changed from time to	13257
time by a similar written designation.	13258

(B) The total principal amount of obligations outstanding at	13259
any one time shall not exceed two hundred million dollars, and not	13260
more than fifty million dollars in principal amount of obligations	13261
to pay costs of projects may be issued in any fiscal year, all	13262
determined as provided in Chapter 1557. of the Revised Code.	13263

(C) The state may participate by grants or contributions in	13264
financing projects under this section made by local government	13265
entities. Of the proceeds of the first two hundred million dollars	13266
principal amount in obligations issued under this section to pay	13267
costs of projects, at least twenty per cent shall be allocated in	13268
accordance with section 1557.06 of the Revised Code to grants or	13269
contributions to local government entities. The director of budget	13270
and management shall establish and maintain records in such manner	13271
as to show that the proceeds credited to the Ohio parks and	13272
natural resources fund have been expended for the purposes and in	13273
accordance with the limitations set forth herein.	13274

(D) Each issue of obligations shall be authorized by	13275
resolution of the commissioners of the sinking fund. The bond	13276
proceedings shall provide for the principal amount or maximum	13277
principal amount of obligations of an issue, and shall provide for	13278
or authorize the manner or agency for determining the principal	13279
maturity or maturities, not exceeding the earlier of twenty-five	13280
years from the date the debt represented by the particular	13281
obligations was originally contracted, the interest rate or rates,	13282
the date of and the dates of payment of interest on the	13283
obligations, their denominations, and the establishment within or	13284
without the state of a place or places of payment of debt charges.	13285
Sections 9.96 and 9.98 to 9.983 of the Revised Code are applicable	13286
to the obligations. The purpose of the obligations may be stated	13287
in the bond proceedings as "financing or assisting in the	13288
financing of projects as provided in Section 2l of Article VIII,	13289
Ohio Constitution."	13290

(E) The proceeds of the obligations, except for any portion	13291
to be deposited in special funds, or in escrow funds for the	13292
purpose of refunding outstanding obligations, all as may be	13293
provided in the bond proceedings, shall be deposited in the Ohio	13294
parks and natural resources fund established by section 1557.02 of	13295
the Revised Code.	13296

(F) The commissioners of the sinking fund may appoint paying	13297
agents, bond registrars, securities depositories, and transfer	13298
agents, and may retain the services of financial advisers and	13299
accounting experts, and retain or contract for the services of	13300
marketing, remarketing, indexing, and administrative agents, other	13301
consultants, and independent contractors, including printing	13302
services, as are necessary in the judgment of the commissioners to	13303
carry out this chapter of the Revised Code. Financing costs are	13304
payable, as provided in the bond proceedings, from the proceeds of	13305
the obligations, from special funds, or from other moneys	13306
available for the purpose.	13307

(G) The bond proceedings, including any trust agreement, may	13308
contain additional provisions customary or appropriate to the	13309
financing or to the obligations or to particular obligations,	13310
including, but not limited to:	13311

(1) The redemption of obligations prior to maturity at the	13312
option of the state or of the holder or upon the occurrence of	13313
certain conditions at such price or prices and under such terms	13314
and conditions as are provided in the bond proceedings;	13315

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

13316

(3) The establishment, deposit, investment, and application	13317
of special funds, and the safeguarding of moneys on hand or on	13318
deposit, without regard to Chapter 131. or 135. of the Revised	13319
Code, provided that any bank or trust company that acts as a	13320
depository of any moneys in special funds may furnish such	13321
indemnifying bonds or may pledge such securities as required by	13322
the commissioners of the sinking fund;	13323

(4) Any or every provision of the bond proceedings binding	13324
upon the commissioners of the sinking fund and such state agency	13325
or local government entities, officer, board, commission,	13326
authority, agency, department, or other person or body as may from	13327
time to time have the authority under law to take such actions as	13328
may be necessary to perform all or any part of the duty required	13329
by such provision;	13330

(5) The maintenance of each pledge, any trust agreement, or	13331
other instrument composing part of the bond proceedings until the	13332
state has fully paid or provided for the payment of the debt	13333
charges on the obligations or met other stated conditions;	13334

(6) In the event of default in any payments required to be	13335
made by the bond proceedings, or any other agreement of the	13336
commissioners of the sinking fund made as part of a contract under	13337
which the obligations were issued or secured, the enforcement of	13338
such payments or agreements by mandamus, suit in equity, action at	13339
law, or any combination of the foregoing;	13340

(7) The rights and remedies of the holders of obligations and	13341
of the trustee under any trust agreement, and provisions for	13342
protecting and enforcing them, including limitations on rights of	13343
individual holders of obligations;	13344

(8) The replacement of any obligations that become mutilated	13345
or are destroyed, lost, or stolen;	13346

(9) Provision for the funding, refunding, or advance	13347
refunding or other provision for payment of obligations which will	13348
then no longer be or be deemed to be outstanding for purposes of	13349
this section or of the bond proceedings;	13350

(10) Any provision that may be made in bond proceedings or a	13351
trust agreement, including provision for amendment of the bond	13352
proceedings;	13353

(11) Such other provisions as the commissioners of the	13354
sinking fund determine, including limitations, conditions, or	13355
qualifications relating to any of the foregoing;	13356

(12) Any other or additional agreements with the holders of	13357
the obligations relating to the obligations or the security for	13358
the obligations.	13359

(H) The great seal of the state or a facsimile of that seal	13360
may be affixed to or printed on the obligations. The obligations	13361
shall be signed by or bear the facsimile signatures of two or more	13362
of the commissioners of the sinking fund as provided in the bond	13363
proceedings. Any obligations may be signed by the person who, on	13364
the date of execution, is the authorized signer although on the	13365
date of such obligations such person was not a commissioner. In	13366
case the individual whose signature or a facsimile of whose	13367
signature appears on any obligation ceases to be a commissioner	13368
before delivery of the obligation, such signature or facsimile is	13369
nevertheless valid and sufficient for all purposes as if the	13370
individual had remained the member until such delivery, and in	13371
case the seal to be affixed to or printed on obligations has been	13372
changed after the seal has been affixed to or a facsimile of the	13373
seal has been printed on the obligations, that seal or facsimile	13374
seal shall continue to be sufficient as to those obligations and	13375
obligations issued in substitution or exchange therefor.	13376

(I) Obligations may be issued in coupon or in fully	13377
registered form, or both, as the commissioners of the sinking fund	13378
determine. Provision may be made for the registration of any	13379
obligations with coupons attached as to principal alone or as to	13380
both principal and interest, their exchange for obligations so	13381
registered, and for the conversion or reconversion into	13382
obligations with coupons attached of any obligations registered as	13383
to both principal and interest, and for reasonable charges for	13384
such registration, exchange, conversion, and reconversion. Pending	13385
preparation of definitive obligations, the commissioners of the	13386
sinking fund may issue interim receipts or certificates which	13387
shall be exchanged for such definitive obligations.	13388

(J) Obligations may be sold at public sale or at private	13389
sale, and at such price at, above, or below par, as determined by	13390
the commissioners of the sinking fund in the bond proceedings.	13391

(K) In the discretion of the commissioners of the sinking	13392
fund, obligations may be secured additionally by a trust agreement	13393
between the state and a corporate trustee which may be any trust	13394
company or bank having ~~its principal~~a place of business within	13395
the state. Any trust agreement may contain the resolution	13396
authorizing the issuance of the obligations, any provisions that	13397
may be contained in the bond proceedings, and other provisions	13398
that are customary or appropriate in an agreement of the type.	13399

(L) Except to the extent that their rights are restricted by	13400
the bond proceedings, any holder of obligations, or a trustee	13401
under the bond proceedings, may by any suitable form of legal	13402
proceedings protect and enforce any rights under the laws of this	13403
state or granted by the bond proceedings. Such rights include the	13404
right to compel the performance of all duties of the commissioners	13405
and the state. Each duty of the commissioners and employees of the	13406
commissioners, and of each state agency and local public entity	13407
and its officers, members, or employees, undertaken pursuant to	13408
the bond proceedings, is hereby established as a duty of the	13409
commissioners, and of each such agency, local government entity,	13410
officer, member, or employee having authority to perform such	13411
duty, specifically enjoined by the law and resulting from an	13412
office, trust, or station within the meaning of section 2731.01 of	13413
the Revised Code. The persons who are at the time the	13414
commissioners, or employees of the commissioners, are not liable	13415
in their personal capacities on any obligations or any agreements	13416
of or with the commissioners relating to obligations or under the	13417
bond proceedings.	13418

(M) Obligations are lawful investments for banks, societies	13419
for savings, savings and loan associations, deposit guarantee	13420
associations, trust companies, trustees, fiduciaries, insurance	13421
companies, including domestic for life and domestic not for life,	13422
trustees or other officers having charge of sinking and bond	13423
retirement or other special funds of political subdivisions and	13424
taxing districts of this state, the commissioners of the sinking	13425
fund, the administrator of workers' compensation, the state	13426
teachers retirement system, the public employees retirement	13427
system, the school employees retirement system, and the Ohio	13428
police and fire pension fund, notwithstanding any other provisions	13429
of the Revised Code or rules adopted pursuant thereto by any state	13430
agency with respect to investments by them, and are also	13431
acceptable as security for the deposit of public moneys.	13432

(N) Unless otherwise provided in any applicable bond	13433
proceedings, moneys to the credit of or in the special funds	13434
established by or pursuant to this section may be invested by or	13435
on behalf of the commissioners of the sinking fund only in notes,	13436
bonds, or other direct obligations of the United States or of any	13437
agency or instrumentality of the United States, in obligations of	13438
this state or any political subdivision of this state, in	13439
certificates of deposit of any national bank located in this state	13440
and any bank, as defined in section 1101.01 of the Revised Code,	13441
subject to inspection by the superintendent of financial	13442
institutions, in the Ohio subdivision's fund established pursuant	13443
to section 135.45 of the Revised Code, in no-front-end-load money	13444
market mutual funds consisting exclusively of direct obligations	13445
of the United States or of an agency or instrumentality of the	13446
United States, and in repurchase agreements, including those	13447
issued by any fiduciary, secured by direct obligations of the	13448
United States or an agency or instrumentality of the United	13449
States, and in collective investment funds established in	13450
accordance with section 1111.14 of the Revised Code and consisting	13451
exclusively of direct obligations of the United States or of an	13452
agency or instrumentality of the United States, notwithstanding	13453
division (A)(1)(c) of that section. The income from investments	13454
shall be credited to such special funds or otherwise as the	13455
commissioners of the sinking fund determine in the bond	13456
proceedings, and the investments may be sold or exchanged at such	13457
times as the commissioners determine or authorize.	13458

(O) Unless otherwise provided in any applicable bond	13459
proceedings, moneys to the credit of or in a special fund shall be	13460
disbursed on the order of the commissioners of the sinking fund,	13461
provided that no such order is required for the payment from the	13462
bond service fund or other special fund when due of debt charges	13463
or required payments under credit enhancement facilities.	13464

(P) The commissioners of the sinking fund may covenant in the	13465
bond proceedings, and any such covenants shall be controlling	13466
notwithstanding any other provision of law, that the state and the	13467
applicable officers and agencies of the state, including the	13468
general assembly, so long as any obligations are outstanding in	13469
accordance with their terms, shall maintain statutory authority	13470
for and cause to be charged and collected taxes, excises, and	13471
other receipts of the state so that the receipts to the bond	13472
service fund shall be sufficient in amounts to meet debt charges	13473
and for the establishment and maintenance of any reserves and	13474
other requirements, including payment of the costs of credit	13475
enhancement facilities, provided for in the bond proceedings.	13476

(Q) The obligations, the transfer thereof, and the interest,	13477
other accreted amounts, and other income therefrom, including any	13478
profit made on the sale thereof, at all times shall be free from	13479
taxation, direct or indirect, within the state.	13480

(R) This section applies only with respect to obligations	13481
issued and delivered before September 30, 2000.	13482

Sec. 1713.031. The Ohio board of regents shall review an	13483
application for a certificate of authorization from a school	13484
described in division (E) of section 3332.01 of the Revised Code	13485
within twenty-two weeks.	13486

Sec. 2113.041. (A) The administrator of the medicaid estate	13487
recovery program established pursuant to section 5111.11 of the	13488
Revised Code may present an affidavit to a financial institution	13489
requesting that the financial institution release account proceeds	13490
to recover the cost of services correctly provided to a medicaid	13491
recipient who is subject to the medicaid estate recovery program.	13492
The affidavit shall include all of the following information:	13493

(1) The name of the decedent;

13494

(2) The name of any person who gave notice that the decedent	13495
was a medicaid recipient and that person's relationship to the	13496
decedent;	13497

(3) The name of the financial institution;

13498

(4) The account number;

13499

(5) A description of the claim for estate recovery;

13500

(6) The amount of funds to be recovered.

13501

(B) A financial institution may release account proceeds to	13502
the administrator of the medicaid estate recovery program if all	13503
of the following apply:	13504

(1) The decedent held an account at the financial institution	13505
that was in the decedent's name only.	13506

(2) No estate has been, and it is reasonable to assume that	13507
no estate will be, opened for the decedent.	13508

(3) The decedent has no outstanding debts known to the	13509
administrator of the medicaid estate recovery program.	13510

(4) The financial institution has received no objections or	13511
has determined that no valid objections to release of proceeds	13512
have been received.	13513

(C) If proceeds have been released pursuant to division (B)	13514
of this section and the department of job and family services	13515
receives notice of a valid claim to the proceeds that has a higher	13516
priority under section 2117.25 of the Revised Code than the claim	13517
of the medicaid estate recovery program, the department may refund	13518
the proceeds to the financial institution or pay them to the	13519
person or government entity with the claim.	13520

Sec. 2117.061. (A) As used in this section:

13521

(1) "Medicaid estate recovery program" means the program	13522
instituted under section 5111.11 of the Revised Code.	13523

(2) "Permanently institutionalized individual" has the same	13524
meaning as in section 5111.11 of the Revised Code.	13525

(3) "Person responsible for the estate" means the executor,	13526
administrator, commissioner, or person who filed pursuant to	13527
section 2113.03 of the Revised Code for release from	13528
administration of an estate.	13529

(B) ~~If a decedent, at the time of death, was fifty-five years~~	13530
~~of age or older or a permanently institutionalized individual, the~~	13531
~~person responsible for the decedent's estate shall determine~~	13532
~~whether the decedent was, at any time during the decedent's life,~~	13533
~~a medicaid recipient under Chapter 5111. of the Revised Code. If~~	13534
~~the decedent was a medicaid recipient, the~~The person responsible	13535
for the estate of a decedent subject to the medicaid estate	13536
recovery program or the estate of a decedent who was the spouse of	13537
a decedent subject to the medicaid estate recovery program shall	13538
submit a properly completed medicaid estate recovery reporting	13539
form prescribed under division (D) of this section to the	13540
administrator of the medicaid estate recovery program not later	13541
than thirty days after the occurrence of any of the following:	13542

(1) The granting of letters testamentary;

13543

(2) The administration of the estate;

13544

(3) The filing of an application for release from	13545
administration or summary release from administration.	13546

(C) The person responsible for the estate shall mark the	13547
appropriate box on the appropriate probate form to indicate	13548
compliance with the requirements of division (B) of this section.	13549

The probate court shall send a copy of the completed probate	13550
form to the administrator of the medicaid estate recovery program.	13551

(D) The administrator of the medicaid estate recovery program	13552
shall prescribe a medicaid estate recovery reporting form for the	13553
purpose of division (B) of this section. ~~The~~In the case of a	13554
decedent subject to the medicaid estate recovery program, the form	13555
shall require, at a minimum, that the person responsible for the	13556
estate list all of the decedent's real and personal property and	13557
other assets that are part of the decedent's estate as defined in	13558
section 5111.11 of the Revised Code. In the case of a decedent who	13559
was the spouse of a decedent subject to the medicaid estate	13560
recovery program, the form shall require, at a minimum, that the	13561
person responsible for the estate list all of the decedent's real	13562
and personal property and other assets that are part of the	13563
decedent's estate as defined in section 5111.11 of the Revised	13564
Code and were also part of the estate, as so defined, of the	13565
decedent subject to the medicaid estate recovery program. The	13566
administrator shall include on the form a statement printed in	13567
bold letters informing the person responsible for the estate that	13568
knowingly making a false statement on the form is falsification	13569
under section 2921.13 of the Revised Code, a misdemeanor of the	13570
first degree.	13571

(E) The ~~estate recovery program~~ administrator of the medicaid	13572
estate recovery program shall present a claim for estate recovery	13573
to the person responsible for the estate of the decedent or the	13574
person's legal representative not later than ninety days after the	13575
date on which the medicaid estate recovery reporting form is	13576
received under division (B) of this section or one year after the	13577
decedent's death, whichever is later.	13578

Sec. 2117.25. (A) Every executor or administrator shall	13579
proceed with diligence to pay the debts of the decedent and shall	13580
apply the assets in the following order:	13581

(1) Costs and expenses of administration;

13582

(2) An amount, not exceeding four thousand dollars, for	13583
funeral expenses that are included in the bill of a funeral	13584
director, funeral expenses other than those in the bill of a	13585
funeral director that are approved by the probate court, and an	13586
amount, not exceeding three thousand dollars, for burial and	13587
cemetery expenses, including that portion of the funeral	13588
director's bill allocated to cemetery expenses that have been paid	13589
to the cemetery by the funeral director.	13590

For purposes of this division, burial and cemetery expenses	13591
shall be limited to the following:	13592

(a) The purchase of a right of interment;

13593

(b) Monuments or other markers;

13594

13595

(d) The cost of opening and closing the place of interment;

13596

(e) The urn.

13597

(3) The allowance for support made to the surviving spouse,	13598
minor children, or both under section 2106.13 of the Revised Code;	13599

(4) Debts entitled to a preference under the laws of the	13600
United States;	13601

(5) Expenses of the last sickness of the decedent;

13602

(6) If the total bill of a funeral director for funeral	13603
expenses exceeds four thousand dollars, then, in addition to the	13604
amount described in division (A)(2) of this section, an amount,	13605
not exceeding two thousand dollars, for funeral expenses that are	13606
included in the bill and that exceed four thousand dollars;	13607

(7) Personal property taxes, claims made under the medicaid	13608
estate recovery program instituted pursuant to section 5111.11 of	13609
the Revised Code, and obligations for which the decedent was	13610
personally liable to the state or any of its subdivisions;	13611

(8) Debts for manual labor performed for the decedent within	13612
twelve months preceding the decedent's death, not exceeding three	13613
hundred dollars to any one person;	13614

(9) Other debts for which claims have been presented and	13615
finally allowed.	13616

(B) The part of the bill of a funeral director that exceeds	13617
the total of six thousand dollars as described in divisions (A)(2)	13618
and (6) of this section, and the part of a claim included in	13619
division (A)(8) of this section that exceeds three hundred dollars	13620
shall be included as a debt under division (A)(9) of this section,	13621
depending upon the time when the claim for the additional amount	13622
is presented.	13623

(C) Any natural person or fiduciary who pays a claim of any	13624
creditor described in division (A) of this section shall be	13625
subrogated to the rights of that creditor proportionate to the	13626
amount of the payment and shall be entitled to reimbursement for	13627
that amount in accordance with the priority of payments set forth	13628
in that division.	13629

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	13630
to the manner in which and the time within which claims shall be	13631
presented, shall apply to claims set forth in divisions (A)(2),	13632
(6), and (8) of this section. Claims for an expense of	13633
administration or for the allowance for support need not be	13634
presented. The executor or administrator shall pay debts included	13635
in divisions (A)(4) and (7) of this section, of which the executor	13636
or administrator has knowledge, regardless of presentation.	13637

(2) The giving of written notice to an executor or	13638
administrator of a motion or application to revive an action	13639
pending against the decedent at the date of death shall be	13640
equivalent to the presentation of a claim to the executor or	13641
administrator for the purpose of determining the order of payment	13642
of any judgment rendered or decree entered in such an action.	13643

(E) No payments shall be made to creditors of one class until	13644
all those of the preceding class are fully paid or provided for.	13645
If the assets are insufficient to pay all the claims of one class,	13646
the creditors of that class shall be paid ratably.	13647

(F) If it appears at any time that the assets have been	13648
exhausted in paying prior or preferred charges, allowances, or	13649
claims, those payments shall be a bar to an action on any claim	13650
not entitled to that priority or preference.	13651

Sec. 2151.362. (A)(1) In the manner prescribed by division	13652
(C)(1) or (2) of section 3313.64 of the Revised Code, as	13653
applicable, the court, at the time of making any order that	13654
removes a child from the child's own home or that vests legal or	13655
permanent custody of the child in a person other than the child's	13656
parent or a government agency, shall determine the school district	13657
that is to bear the cost of educating the child. The court shall	13658
make the determination a part of the order that provides for the	13659
child's placement or commitment. That school district shall bear	13660
the cost of educating the child unless and until the ~~court~~	13661
~~modifies its order~~department of education determines that a	13662
different district shall be responsible for bearing that cost	13663
pursuant to division (A)(2) of this section. The court's order	13664
shall state that the determination of which school district is	13665
responsible to bear the cost of educating the child is subject to	13666
re-determination by the department pursuant to that division.	13667

(2) If, while the child is in the custody of a person other	13668
than the child's parent or a government agency, the department of	13669
education ~~notifies the court~~determines that the place of	13670
residence of the child's parent has changed since the court issued	13671
its initial order, the ~~court~~department may ~~modify its order to~~	13672
name a different school district to bear the cost of educating the	13673
child. The department ~~may submit the notice to the court upon~~	13674
~~receipt,~~shall make this new determination, and any future	13675
determinations, based on evidence received from the school	13676
district ~~initially ordered~~currently responsible to bear the cost	13677
of educating the child~~, of evidence acceptable to the department~~.	13678
If the department finds that the evidence demonstrates to its	13679
satisfaction that the residence of the child's parent has changed	13680
since the court issued its initial order~~. In the notice to the~~	13681
~~court, the department shall recommend to the court whether a~~	13682
~~different district should be ordered to bear the cost of educating~~	13683
~~the child and, if so, which district should be so ordered. The~~	13684
under division (A)(1) of this section, or since the department	13685
last made a determination under division (A)(2) of this section,	13686
the department shall ~~recommend to the court~~name the district in	13687
which the child's parent currently resides or, if the parent's	13688
residence is not known, the district in which the parent's last	13689
known residence is located. If the department cannot determine any	13690
Ohio district in which the parent currently resides or has	13691
resided, the school district designated in the initial court order	13692
under division (A)(1) of this section, or in the most recent	13693
determination made by the department under division (A)(2) of this	13694
section, shall continue to bear the cost of educating the child.	13695

~~The court may consider the content of a notice by the~~	13696
~~department of education under division (A)(2) of this section as~~	13697
~~conclusive evidence as to which school district should bear the~~	13698
~~cost of educating the child and may amend its order accordingly.~~	13699

(B) Whenever a child is placed in a detention facility	13700
established under section 2152.41 of the Revised Code or a	13701
juvenile facility established under section 2151.65 of the Revised	13702
Code, the child's school district as determined by the court or	13703
the department, in the same manner as prescribed in division (A)	13704
of this section, shall pay the cost of educating the child based	13705
on the per capita cost of the educational facility within the	13706
detention home or juvenile facility.	13707

(C) Whenever a child is placed by the court in a private	13708
institution, school, or residential treatment center or any other	13709
private facility, the state shall pay to the court a subsidy to	13710
help defray the expense of educating the child in an amount equal	13711
to the product of the daily per capita educational cost of the	13712
private facility, as determined pursuant to this section, and the	13713
number of days the child resides at the private facility, provided	13714
that the subsidy shall not exceed twenty-five hundred dollars per	13715
year per child. The daily per capita educational cost of a private	13716
facility shall be determined by dividing the actual program cost	13717
of the private facility or twenty-five hundred dollars, whichever	13718
is less, by three hundred sixty-five days or by three hundred	13719
sixty-six days for years that include February twenty-ninth. The	13720
state shall pay seventy-five per cent of the total subsidy for	13721
each year quarterly to the court. The state may adjust the	13722
remaining twenty-five per cent of the total subsidy to be paid to	13723
the court for each year to an amount that is less than twenty-five	13724
per cent of the total subsidy for that year based upon the	13725
availability of funds appropriated to the department of education	13726
for the purpose of subsidizing courts that place a child in a	13727
private institution, school, or residential treatment center or	13728
any other private facility and shall pay that adjusted amount to	13729
the court at the end of the year.	13730

Sec. 2305.2341. (A) The medical liability insurance	13731
reimbursement program is hereby established. Free clinics and	13732
federally qualified health center look-alikes, including the	13733
clinics' and centers' staff and volunteer health care	13734
professionals and volunteer health care workers, may participate	13735
in the medical liability insurance reimbursement program	13736
established by this section. The coverage provided under the	13737
program shall be limited to claims that arise out of the	13738
diagnosis, treatment, and care of patients of free clinics and	13739
centers, as defined in division (D)~~(1)~~ of this section.	13740

(B) A free clinic or federally qualified health center	13741
look-alike is eligible to receive reimbursement under the medical	13742
liability insurance reimbursement program for the premiums that	13743
the clinic or center pays for medical liability insurance coverage	13744
for the clinic or center, its staff, and volunteer health care	13745
professionals and health care workers. Free clinics and federally	13746
qualified health center look-alikes shall register with the	13747
department of health by the thirty-first day of January of each	13748
year in order to participate in and to obtain reimbursement under	13749
the program. ~~Free~~Clinics that register with the department in	13750
accordance with this division shall receive priority over centers	13751
that register for reimbursement.	13752

Free clinics and federally qualified health center	13753
look-alikes shall provide all of the following to the department	13754
of health at the time of registration:	13755

(1) A statement of the number of volunteer and paid health	13756
care professionals and health care workers providing health care	13757
services at the free clinic or federally qualified health center	13758
look-alike at that time;	13759

(2) A statement of the number of health care services	13760
rendered by the free clinic or federally qualified health center	13761
look-alike during the previous fiscal year;	13762

(3) A signed form acknowledging that the free clinic or	13763
federally qualified health center look-alike agrees to follow its	13764
medical liability insurer's risk management and loss prevention	13765
policies;	13766

(4) A copy of the medical liability insurance policy	13767
purchased by the free clinic or federally qualified health center	13768
look-alike, or the policy's declaration page, and documentation of	13769
the premiums paid by the clinic or center.	13770

(C) The department of health shall reimburse free clinics and	13771
federally qualified health center look-alikes participating in the	13772
professional liability insurance reimbursement program for up to	13773
eighty per cent of the premiums that the ~~free~~ clinic or center	13774
pays for medical liability insurance coverage up to twenty	13775
thousand dollars. Appropriations to the department of health may	13776
be made from the general fund of the state for this purpose.	13777

(D) As used in this section:

13778

(1) "Federally qualified health center look-alike" means a	13779
public or not-for-profit health center that meets the eligibility	13780
requirements to receive a federal public health services grant	13781
under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C.	13782
254b, as amended, but does not receive grant funding.	13783

(2) "Free clinic" means a nonprofit organization exempt from	13784
federal income taxation under section 501(c)(3) of the "Internal	13785
Revenue Code of 1986," as amended, or a program component of a	13786
nonprofit organization, whose primary mission is to provide health	13787
care services for free or for a minimal administrative fee to	13788
individuals with limited resources. A free clinic facilitates the	13789
delivery of health care services through the use of volunteer	13790
health care professionals and voluntary care networks. For this	13791
purpose, a free clinic shall comply with all of the following:	13792

(a) If a free clinic does request a minimal administrative	13793
fee, a free clinic shall not deny an individual access to its	13794
health care services based on an individual's ability to pay the	13795
fee.	13796

(b) A free clinic shall not bill a patient for health care	13797
services rendered.	13798

(c) Free clinics shall not perform operations, as defined by	13799
divisions (A)(9) and (F)(1)(b) of section 2305.234 of the Revised	13800
Code.	13801

A clinic is not a free clinic if the clinic bills medicaid,	13802
medicare, or other third-party payers for health care services	13803
rendered at the clinic, and receives twenty-five per cent or more	13804
of the clinic's annual revenue from the third-party payments.	13805

~~(2)~~(3) "Health care professional" and "health care worker"	13806
have the same meanings as in section 2305.234 of the Revised Code.	13807

Sec. 2913.40. (A) As used in this section:

13808

(1) "Statement or representation" means any oral, written,	13809
electronic, electronic impulse, or magnetic communication that is	13810
used to identify an item of goods or a service for which	13811
reimbursement may be made under the medical assistance program or	13812
that states income and expense and is or may be used to determine	13813
a rate of reimbursement under the medical assistance program.	13814

(2) "Medical assistance program" means the program	13815
established by the department of job and family services to	13816
provide medical assistance under section 5111.01 of the Revised	13817
Code and the medicaid program of Title XIX of the "Social Security	13818
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	13819

(3) "Provider" means any person who has signed a provider	13820
agreement with the department of job and family services to	13821
provide goods or services pursuant to the medical assistance	13822
program or any person who has signed an agreement with a party to	13823
such a provider agreement under which the person agrees to provide	13824
goods or services that are reimbursable under the medical	13825
assistance program.	13826

(4) "Provider agreement" means an oral or written agreement	13827
between the department of job and family services and a person in	13828
which the person agrees to provide goods or services under the	13829
medical assistance program.	13830

(5) "Recipient" means any individual who receives goods or	13831
services from a provider under the medical assistance program.	13832

(6) "Records" means any medical, professional, financial, or	13833
business records relating to the treatment or care of any	13834
recipient, to goods or services provided to any recipient, or to	13835
rates paid for goods or services provided to any recipient and any	13836
records that are required by the rules of the director of job and	13837
family services to be kept for the medical assistance program.	13838

(B) No person shall knowingly make or cause to be made a	13839
false or misleading statement or representation for use in	13840
obtaining reimbursement from the medical assistance program.	13841

(C) No person, with purpose to commit fraud or knowing that	13842
the person is facilitating a fraud, shall do either of the	13843
following:	13844

(1) Contrary to the terms of the person's provider agreement,	13845
charge, solicit, accept, or receive for goods or services that the	13846
person provides under the medical assistance program any property,	13847
money, or other consideration in addition to the amount of	13848
reimbursement under the medical assistance program and the	13849
person's provider agreement for the goods or services and any	13850
~~deductibles or co-payments~~cost-sharing expenses authorized by	13851
section 5111.0112 of the Revised Code or rules adopted pursuant to	13852
section 5111.01, 5111.011, or 5111.02 of the Revised Code.	13853

(2) Solicit, offer, or receive any remuneration, other than	13854
any ~~deductibles or co-payments~~cost-sharing expenses authorized by	13855
section 5111.0112 of the Revised Code or rules adopted under	13856
section 5111.01, 5111.011, or 5111.02 of the Revised Code, in cash	13857
or in kind, including, but not limited to, a kickback or rebate,	13858
in connection with the furnishing of goods or services for which	13859
whole or partial reimbursement is or may be made under the medical	13860
assistance program.	13861

(D) No person, having submitted a claim for or provided goods	13862
or services under the medical assistance program, shall do either	13863
of the following for a period of at least six years after a	13864
reimbursement pursuant to that claim, or a reimbursement for those	13865
goods or services, is received under the medical assistance	13866
program:	13867

(1) Knowingly alter, falsify, destroy, conceal, or remove any	13868
records that are necessary to fully disclose the nature of all	13869
goods or services for which the claim was submitted, or for which	13870
reimbursement was received, by the person;	13871

(2) Knowingly alter, falsify, destroy, conceal, or remove any	13872
records that are necessary to disclose fully all income and	13873
expenditures upon which rates of reimbursements were based for the	13874
person.	13875

(E) Whoever violates this section is guilty of medicaid	13876
fraud. Except as otherwise provided in this division, medicaid	13877
fraud is a misdemeanor of the first degree. If the value of	13878
property, services, or funds obtained in violation of this section	13879
is five hundred dollars or more and is less than five thousand	13880
dollars, medicaid fraud is a felony of the fifth degree. If the	13881
value of property, services, or funds obtained in violation of	13882
this section is five thousand dollars or more and is less than one	13883
hundred thousand dollars, medicaid fraud is a felony of the fourth	13884
degree. If the value of the property, services, or funds obtained	13885
in violation of this section is one hundred thousand dollars or	13886
more, medicaid fraud is a felony of the third degree.	13887

(F) Upon application of the governmental agency, office, or	13888
other entity that conducted the investigation and prosecution in a	13889
case under this section, the court shall order any person who is	13890
convicted of a violation of this section for receiving any	13891
reimbursement for furnishing goods or services under the medical	13892
assistance program to which the person is not entitled to pay to	13893
the applicant its cost of investigating and prosecuting the case.	13894
The costs of investigation and prosecution that a defendant is	13895
ordered to pay pursuant to this division shall be in addition to	13896
any other penalties for the receipt of that reimbursement that are	13897
provided in this section, section 5111.03 of the Revised Code, or	13898
any other provision of law.	13899

(G) The provisions of this section are not intended to be	13900
exclusive remedies and do not preclude the use of any other	13901
criminal or civil remedy for any act that is in violation of this	13902
section.	13903

Sec. 2921.42. (A) No public official shall knowingly do any	13904
of the following:	13905

(1) Authorize, or employ the authority or influence of ~~his~~	13906
the public official's office to secure authorization of any public	13907
contract in which hethe public official, a member of ~~his~~the	13908
public official's family, or any of ~~his~~the public official's	13909
business associates has an interest;	13910

(2) Authorize, or employ the authority or influence of ~~his~~	13911
the public official's office to secure the investment of public	13912
funds in any share, bond, mortgage, or other security, with	13913
respect to which hethe public official, a member of ~~his~~the	13914
public official's family, or any of ~~his~~the public official's	13915
business associates either has an interest, is an underwriter, or	13916
receives any brokerage, origination, or servicing fees;	13917

(3) During ~~his~~the public official's term of office or within	13918
one year thereafter, occupy any position of profit in the	13919
prosecution of a public contract authorized by ~~him~~the public	13920
official or by a legislative body, commission, or board of which	13921
hethe public official was a member at the time of authorization,	13922
unless the contract was let by competitive bidding to the lowest	13923
and best bidder;	13924

(4) Have an interest in the profits or benefits of a public	13925
contract entered into by or for the use of the political	13926
subdivision or governmental agency or instrumentality with which	13927
hethe public official is connected;	13928

(5) Have an interest in the profits or benefits of a public	13929
contract that is not let by competitive bidding if required by law	13930
and that involves more than one hundred fifty dollars.	13931

(B) In the absence of bribery or a purpose to defraud, a	13932
public official, member of ~~his~~a public official's family, or any	13933
of ~~his~~a public official's business associates shall not be	13934
considered as having an interest in a public contract or the	13935
investment of public funds, if all of the following apply:	13936

(1) The interest of that person is limited to owning or	13937
controlling shares of the corporation, or being a creditor of the	13938
corporation or other organization, that is the contractor on the	13939
public contract involved, or that is the issuer of the security in	13940
which public funds are invested;	13941

(2) The shares owned or controlled by that person do not	13942
exceed five per cent of the outstanding shares of the corporation,	13943
and the amount due that person as creditor does not exceed five	13944
per cent of the total indebtedness of the corporation or other	13945
organization;	13946

(3) That person, prior to the time the public contract is	13947
entered into, files with the political subdivision or governmental	13948
agency or instrumentality involved, an affidavit giving ~~his~~that	13949
person's exact status in connection with the corporation or other	13950
organization.	13951

(C) This section does not apply to a public contract in which	13952
a public official, member of ~~his~~a public official's family, or	13953
one of ~~his~~a public official's business associates has an	13954
interest, when all of the following apply:	13955

(1) The subject of the public contract is necessary supplies	13956
or services for the political subdivision or governmental agency	13957
or instrumentality involved;	13958

(2) The supplies or services are unobtainable elsewhere for	13959
the same or lower cost, or are being furnished to the political	13960
subdivision or governmental agency or instrumentality as part of a	13961
continuing course of dealing established prior to the public	13962
official's becoming associated with the political subdivision or	13963
governmental agency or instrumentality involved;	13964

(3) The treatment accorded the political subdivision or	13965
governmental agency or instrumentality is either preferential to	13966
or the same as that accorded other customers or clients in similar	13967
transactions;	13968

(4) The entire transaction is conducted at arm's length, with	13969
full knowledge by the political subdivision or governmental agency	13970
or instrumentality involved, of the interest of the public	13971
official, member of ~~his~~the public official's family, or business	13972
associate, and the public official takes no part in the	13973
deliberations or decision of the political subdivision or	13974
governmental agency or instrumentality with respect to the public	13975
contract.	13976

(D) Division (A)(4) of this section does not prohibit	13977
participation by a public employee in any housing program funded	13978
by public moneys if the public employee otherwise qualifies for	13979
the program and does not use the authority or influence of ~~his~~the	13980
public employee's office or employment to secure benefits from the	13981
program and if the moneys are to be used on the primary residence	13982
of the public employee. Such participation does not constitute an	13983
unlawful interest in a public contract in violation of this	13984
section.	13985

(E) Whoever violates this section is guilty of having an	13986
unlawful interest in a public contract. Violation of division	13987
(A)(1) or (2) of this section is a felony of the fourth degree.	13988
Violation of division (A)(3), (4), or (5) of this section is a	13989
misdemeanor of the first degree.	13990

(F) It is not a violation of this section for a prosecuting	13991
attorney to appoint assistants and employees in accordance with	13992
sections 309.06 and 2921.421 of the Revised Code, for a chief	13993
legal officer of a municipal corporation or an official designated	13994
as prosecutor in a municipal corporation to appoint assistants and	13995
employees in accordance with sections 733.621 and 2921.421 of the	13996
Revised Code, or for a township law director appointed under	13997
section 504.15 of the Revised Code to appoint assistants and	13998
employees in accordance with sections 504.151 and 2921.421 of the	13999
Revised Code.	14000

~~(F)~~(G) This section does not apply to a public contract in	14001
which a township trustee in a township with a population of five	14002
thousand or less in its unincorporated area, a member of the	14003
township trustee's family, or one of ~~his~~the township trustee's	14004
business associates has an interest, if all of the following	14005
apply:	14006

(1) The subject of the public contract is necessary supplies	14007
or services for the township and the amount of the contract is	14008
less than five thousand dollars per year;	14009

(2) The supplies or services are being furnished to the	14010
township as part of a continuing course of dealing established	14011
before the township trustee held that office with the township;	14012

(3) The treatment accorded the township is either	14013
preferential to or the same as that accorded other customers or	14014
clients in similar transactions;	14015

(4) The entire transaction is conducted with full knowledge	14016
by the township of the interest of the township trustee, member of	14017
~~his~~the township trustee's family, or ~~his~~the township trustee's	14018
business associate.	14019

~~(G)~~(H) Any public contract in which a public official, a	14020
member of the public official's family, or any of the public	14021
official's business associates has an interest in violation of	14022
this section is void and unenforceable. Any contract securing the	14023
investment of public funds in which a public official, a member of	14024
the public official's family, or any of the public official's	14025
business associates has an interest, is an underwriter, or	14026
receives any brokerage, origination, or servicing fees and that	14027
was entered into in violation of this section is void and	14028
unenforceable.	14029

(I) As used in this section:

14030

(1) "Public contract" means any of the following:

14031

(a) The purchase or acquisition, or a contract for the	14032
purchase or acquisition, of property or services by or for the use	14033
of the state, any of its political subdivisions, or any agency or	14034
instrumentality of either, including the employment of an	14035
individual by the state, any of its political subdivisions, or any	14036
agency or instrumentality of either;	14037

(b) A contract for the design, construction, alteration,	14038
repair, or maintenance of any public property.	14039

(2) "Chief legal officer" has the same meaning as in section	14040
733.621 of the Revised Code.	14041

Sec. 2927.023. (A) As used in this section "authorized	14042
recipient of tobacco products" means a person who is:	14043

(1) Licensed as a cigarette wholesale dealer under section	14044
5743.15 of the Revised Code;	14045

(2) Licensed as a ~~distributor of tobacco products under~~	14046
~~section 5743.61 of the Revised Code~~retail dealer as long as the	14047
person purchases cigarettes with the appropriate tax stamp	14048
affixed;	14049

(3) An export warehouse proprietor as defined in section 5702	14050
of the Internal Revenue Code;	14051

(4) An operator of a customs bonded warehouse under 19 U.S.C.	14052
1311 or 19 U.S.C. 1555;	14053

(5) An officer, employee, or agent of the federal government	14054
or of this state acting in the person's official capacity;	14055

(6) A department, agency, instrumentality, or political	14056
subdivision of the federal government or of this state;	14057

(7) A person having a consent for consumer shipment issued by	14058
the tax commissioner under section 5743.71 of the Revised Code.	14059

The purpose of this section is to prevent the sale of	14060
cigarettes to minors and to ensure compliance with the Master	14061
Settlement Agreement, as defined in section 1346.01 of the Revised	14062
Code.	14063

(B)(1) No person shall cause to be shipped any cigarettes to	14064
any person in this state other than an authorized recipient of	14065
tobacco products.	14066

(2) No common carrier, contract carrier, or other person	14067
shall knowingly transport cigarettes to any person in this state	14068
that the carrier or other person reasonably believes is not an	14069
authorized recipient of tobacco products. If cigarettes are	14070
transported to a home or residence, it shall be presumed that the	14071
common carrier, contract carrier, or other person knew that the	14072
person to whom the cigarettes were delivered was not an authorized	14073
recipient of tobacco products.	14074

(C) No person engaged in the business of selling cigarettes	14075
who ships or causes to be shipped cigarettes to any person in this	14076
state in any container or wrapping other than the original	14077
container or wrapping of the cigarettes shall fail to plainly and	14078
visibly mark the exterior of the container or wrapping in which	14079
the cigarettes are shipped with the words "cigarettes."	14080

(D) A court shall impose a fine of up to one thousand dollars	14081
for each violation of division (B)(1), (B)(2), or (C) of this	14082
section.	14083

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	14084
deputy marshal, municipal police officer, township constable,	14085
police officer of a township or joint township police district,	14086
member of a police force employed by a metropolitan housing	14087
authority under division (D) of section 3735.31 of the Revised	14088
Code, member of a police force employed by a regional transit	14089
authority under division (Y) of section 306.35 of the Revised	14090
Code, state university law enforcement officer appointed under	14091
section 3345.04 of the Revised Code, veterans' home police officer	14092
appointed under section 5907.02 of the Revised Code, special	14093
police officer employed by a port authority under section 4582.04	14094
or 4582.28 of the Revised Code, or a special police officer	14095
employed by a municipal corporation at a municipal airport, or	14096
other municipal air navigation facility, that has scheduled	14097
operations, as defined in section 119.3 of Title 14 of the Code of	14098
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	14099
required to be under a security program and is governed by	14100
aviation security rules of the transportation security	14101
administration of the United States department of transportation	14102
as provided in Parts 1542. and 1544. of Title 49 of the Code of	14103
Federal Regulations, as amended, shall arrest and detain, until a	14104
warrant can be obtained, a person found violating, within the	14105
limits of the political subdivision, metropolitan housing	14106
authority housing project, regional transit authority facilities	14107
or areas of a municipal corporation that have been agreed to by a	14108
regional transit authority and a municipal corporation located	14109
within its territorial jurisdiction, college, university,	14110
veterans' home operated under Chapter 5907. of the Revised Code,	14111
port authority, or municipal airport or other municipal air	14112
navigation facility, in which the peace officer is appointed,	14113
employed, or elected, a law of this state, an ordinance of a	14114
municipal corporation, or a resolution of a township.	14115

(2) A peace officer of the department of natural resources or	14116
an individual designated to perform law enforcement duties under	14117
section 511.232, 1545.13, or 6101.75 of the Revised Code shall	14118
arrest and detain, until a warrant can be obtained, a person found	14119
violating, within the limits of the peace officer's or	14120
individual's territorial jurisdiction, a law of this state.	14121

(3) The house sergeant at arms if the house sergeant at arms	14122
has arrest authority pursuant to division (E)(1) of section	14123
101.311 of the Revised Code and an assistant house sergeant at	14124
arms shall arrest and detain, until a warrant can be obtained, a	14125
person found violating, within the limits of the sergeant at	14126
arms's or assistant sergeant at arms's territorial jurisdiction	14127
specified in division (D)(1)(a) of section 101.311 of the Revised	14128
Code or while providing security pursuant to division (D)(1)(f) of	14129
section 101.311 of the Revised Code, a law of this state, an	14130
ordinance of a municipal corporation, or a resolution of a	14131
township.	14132

(B)(1) When there is reasonable ground to believe that an	14133
offense of violence, the offense of criminal child enticement as	14134
defined in section 2905.05 of the Revised Code, the offense of	14135
public indecency as defined in section 2907.09 of the Revised	14136
Code, the offense of domestic violence as defined in section	14137
2919.25 of the Revised Code, the offense of violating a protection	14138
order as defined in section 2919.27 of the Revised Code, the	14139
offense of menacing by stalking as defined in section 2903.211 of	14140
the Revised Code, the offense of aggravated trespass as defined in	14141
section 2911.211 of the Revised Code, a theft offense as defined	14142
in section 2913.01 of the Revised Code, or a felony drug abuse	14143
offense as defined in section 2925.01 of the Revised Code, has	14144
been committed within the limits of the political subdivision,	14145
metropolitan housing authority housing project, regional transit	14146
authority facilities or those areas of a municipal corporation	14147
that have been agreed to by a regional transit authority and a	14148
municipal corporation located within its territorial jurisdiction,	14149
college, university, veterans' home operated under Chapter 5907.	14150
of the Revised Code, port authority, or municipal airport or other	14151
municipal air navigation facility, in which the peace officer is	14152
appointed, employed, or elected or within the limits of the	14153
territorial jurisdiction of the peace officer, a peace officer	14154
described in division (A) of this section may arrest and detain	14155
until a warrant can be obtained any person who the peace officer	14156
has reasonable cause to believe is guilty of the violation.	14157

(2) For purposes of division (B)(1) of this section, the	14158
execution of any of the following constitutes reasonable ground to	14159
believe that the offense alleged in the statement was committed	14160
and reasonable cause to believe that the person alleged in the	14161
statement to have committed the offense is guilty of the	14162
violation:	14163

(a) A written statement by a person alleging that an alleged	14164
offender has committed the offense of menacing by stalking or	14165
aggravated trespass;	14166

(b) A written statement by the administrator of the	14167
interstate compact on mental health appointed under section	14168
5119.51 of the Revised Code alleging that a person who had been	14169
hospitalized, institutionalized, or confined in any facility under	14170
an order made pursuant to or under authority of section 2945.37,	14171
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	14172
Revised Code has escaped from the facility, from confinement in a	14173
vehicle for transportation to or from the facility, or from	14174
supervision by an employee of the facility that is incidental to	14175
hospitalization, institutionalization, or confinement in the	14176
facility and that occurs outside of the facility, in violation of	14177
section 2921.34 of the Revised Code;	14178

(c) A written statement by the administrator of any facility	14179
in which a person has been hospitalized, institutionalized, or	14180
confined under an order made pursuant to or under authority of	14181
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	14182
2945.402 of the Revised Code alleging that the person has escaped	14183
from the facility, from confinement in a vehicle for	14184
transportation to or from the facility, or from supervision by an	14185
employee of the facility that is incidental to hospitalization,	14186
institutionalization, or confinement in the facility and that	14187
occurs outside of the facility, in violation of section 2921.34 of	14188
the Revised Code.	14189

(3)(a) For purposes of division (B)(1) of this section, a	14190
peace officer described in division (A) of this section has	14191
reasonable grounds to believe that the offense of domestic	14192
violence or the offense of violating a protection order has been	14193
committed and reasonable cause to believe that a particular person	14194
is guilty of committing the offense if any of the following	14195
occurs:	14196

(i) A person executes a written statement alleging that the	14197
person in question has committed the offense of domestic violence	14198
or the offense of violating a protection order against the person	14199
who executes the statement or against a child of the person who	14200
executes the statement.	14201

(ii) No written statement of the type described in division	14202
(B)(3)(a)(i) of this section is executed, but the peace officer,	14203
based upon the peace officer's own knowledge and observation of	14204
the facts and circumstances of the alleged incident of the offense	14205
of domestic violence or the alleged incident of the offense of	14206
violating a protection order or based upon any other information,	14207
including, but not limited to, any reasonably trustworthy	14208
information given to the peace officer by the alleged victim of	14209
the alleged incident of the offense or any witness of the alleged	14210
incident of the offense, concludes that there are reasonable	14211
grounds to believe that the offense of domestic violence or the	14212
offense of violating a protection order has been committed and	14213
reasonable cause to believe that the person in question is guilty	14214
of committing the offense.	14215

(iii) No written statement of the type described in division	14216
(B)(3)(a)(i) of this section is executed, but the peace officer	14217
witnessed the person in question commit the offense of domestic	14218
violence or the offense of violating a protection order.	14219

(b) If pursuant to division (B)(3)(a) of this section a peace	14220
officer has reasonable grounds to believe that the offense of	14221
domestic violence or the offense of violating a protection order	14222
has been committed and reasonable cause to believe that a	14223
particular person is guilty of committing the offense, it is the	14224
preferred course of action in this state that the officer arrest	14225
and detain that person pursuant to division (B)(1) of this section	14226
until a warrant can be obtained.	14227

If pursuant to division (B)(3)(a) of this section a peace	14228
officer has reasonable grounds to believe that the offense of	14229
domestic violence or the offense of violating a protection order	14230
has been committed and reasonable cause to believe that family or	14231
household members have committed the offense against each other,	14232
it is the preferred course of action in this state that the	14233
officer, pursuant to division (B)(1) of this section, arrest and	14234
detain until a warrant can be obtained the family or household	14235
member who committed the offense and whom the officer has	14236
reasonable cause to believe is the primary physical aggressor.	14237
There is no preferred course of action in this state regarding any	14238
other family or household member who committed the offense and	14239
whom the officer does not have reasonable cause to believe is the	14240
primary physical aggressor, but, pursuant to division (B)(1) of	14241
this section, the peace officer may arrest and detain until a	14242
warrant can be obtained any other family or household member who	14243
committed the offense and whom the officer does not have	14244
reasonable cause to believe is the primary physical aggressor.	14245

(c) If a peace officer described in division (A) of this	14246
section does not arrest and detain a person whom the officer has	14247
reasonable cause to believe committed the offense of domestic	14248
violence or the offense of violating a protection order when it is	14249
the preferred course of action in this state pursuant to division	14250
(B)(3)(b) of this section that the officer arrest that person, the	14251
officer shall articulate in the written report of the incident	14252
required by section 2935.032 of the Revised Code a clear statement	14253
of the officer's reasons for not arresting and detaining that	14254
person until a warrant can be obtained.	14255

(d) In determining for purposes of division (B)(3)(b) of this	14256
section which family or household member is the primary physical	14257
aggressor in a situation in which family or household members have	14258
committed the offense of domestic violence or the offense of	14259
violating a protection order against each other, a peace officer	14260
described in division (A) of this section, in addition to any	14261
other relevant circumstances, should consider all of the	14262
following:	14263

(i) Any history of domestic violence or of any other violent	14264
acts by either person involved in the alleged offense that the	14265
officer reasonably can ascertain;	14266

(ii) If violence is alleged, whether the alleged violence was	14267
caused by a person acting in self-defense;	14268

(iii) Each person's fear of physical harm, if any, resulting	14269
from the other person's threatened use of force against any person	14270
or resulting from the other person's use or history of the use of	14271
force against any person, and the reasonableness of that fear;	14272

(iv) The comparative severity of any injuries suffered by the	14273
persons involved in the alleged offense.	14274

(e)(i) A peace officer described in division (A) of this	14275
section shall not require, as a prerequisite to arresting or	14276
charging a person who has committed the offense of domestic	14277
violence or the offense of violating a protection order, that the	14278
victim of the offense specifically consent to the filing of	14279
charges against the person who has committed the offense or sign a	14280
complaint against the person who has committed the offense.	14281

(ii) If a person is arrested for or charged with committing	14282
the offense of domestic violence or the offense of violating a	14283
protection order and if the victim of the offense does not	14284
cooperate with the involved law enforcement or prosecuting	14285
authorities in the prosecution of the offense or, subsequent to	14286
the arrest or the filing of the charges, informs the involved law	14287
enforcement or prosecuting authorities that the victim does not	14288
wish the prosecution of the offense to continue or wishes to drop	14289
charges against the alleged offender relative to the offense, the	14290
involved prosecuting authorities, in determining whether to	14291
continue with the prosecution of the offense or whether to dismiss	14292
charges against the alleged offender relative to the offense and	14293
notwithstanding the victim's failure to cooperate or the victim's	14294
wishes, shall consider all facts and circumstances that are	14295
relevant to the offense, including, but not limited to, the	14296
statements and observations of the peace officers who responded to	14297
the incident that resulted in the arrest or filing of the charges	14298
and of all witnesses to that incident.	14299

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	14300
this section whether to arrest a person pursuant to division	14301
(B)(1) of this section, a peace officer described in division (A)	14302
of this section shall not consider as a factor any possible	14303
shortage of cell space at the detention facility to which the	14304
person will be taken subsequent to the person's arrest or any	14305
possibility that the person's arrest might cause, contribute to,	14306
or exacerbate overcrowding at that detention facility or at any	14307
other detention facility.	14308

(g) If a peace officer described in division (A) of this	14309
section intends pursuant to divisions (B)(3)(a) to (g) of this	14310
section to arrest a person pursuant to division (B)(1) of this	14311
section and if the officer is unable to do so because the person	14312
is not present, the officer promptly shall seek a warrant for the	14313
arrest of the person.	14314

(h) If a peace officer described in division (A) of this	14315
section responds to a report of an alleged incident of the offense	14316
of domestic violence or an alleged incident of the offense of	14317
violating a protection order and if the circumstances of the	14318
incident involved the use or threatened use of a deadly weapon or	14319
any person involved in the incident brandished a deadly weapon	14320
during or in relation to the incident, the deadly weapon that was	14321
used, threatened to be used, or brandished constitutes contraband,	14322
and, to the extent possible, the officer shall seize the deadly	14323
weapon as contraband pursuant to Chapter 2981. of the Revised	14324
Code. Upon the seizure of a deadly weapon pursuant to division	14325
(B)(3)(h) of this section, section 2981.12 of the Revised Code	14326
shall apply regarding the treatment and disposition of the deadly	14327
weapon. For purposes of that section, the "underlying criminal	14328
offense" that was the basis of the seizure of a deadly weapon	14329
under division (B)(3)(h) of this section and to which the deadly	14330
weapon had a relationship is any of the following that is	14331
applicable:	14332

(i) The alleged incident of the offense of domestic violence	14333
or the alleged incident of the offense of violating a protection	14334
order to which the officer who seized the deadly weapon responded;	14335

(ii) Any offense that arose out of the same facts and	14336
circumstances as the report of the alleged incident of the offense	14337
of domestic violence or the alleged incident of the offense of	14338
violating a protection order to which the officer who seized the	14339
deadly weapon responded.	14340

(4) If, in the circumstances described in divisions (B)(3)(a)	14341
to (g) of this section, a peace officer described in division (A)	14342
of this section arrests and detains a person pursuant to division	14343
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	14344
this section, a peace officer described in division (A) of this	14345
section seizes a deadly weapon, the officer, to the extent	14346
described in and in accordance with section 9.86 or 2744.03 of the	14347
Revised Code, is immune in any civil action for damages for	14348
injury, death, or loss to person or property that arises from or	14349
is related to the arrest and detention or the seizure.	14350

(C) When there is reasonable ground to believe that a	14351
violation of division (A)(1), (2), (3), (4), or (5) of section	14352
4506.15 or a violation of section 4511.19 of the Revised Code has	14353
been committed by a person operating a motor vehicle subject to	14354
regulation by the public utilities commission of Ohio under Title	14355
XLIX of the Revised Code, a peace officer with authority to	14356
enforce that provision of law may stop or detain the person whom	14357
the officer has reasonable cause to believe was operating the	14358
motor vehicle in violation of the division or section and, after	14359
investigating the circumstances surrounding the operation of the	14360
vehicle, may arrest and detain the person.	14361

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	14362
municipal police officer, member of a police force employed by a	14363
metropolitan housing authority under division (D) of section	14364
3735.31 of the Revised Code, member of a police force employed by	14365
a regional transit authority under division (Y) of section 306.35	14366
of the Revised Code, special police officer employed by a port	14367
authority under section 4582.04 or 4582.28 of the Revised Code,	14368
special police officer employed by a municipal corporation at a	14369
municipal airport or other municipal air navigation facility	14370
described in division (A) of this section, township constable,	14371
police officer of a township or joint township police district,	14372
state university law enforcement officer appointed under section	14373
3345.04 of the Revised Code, peace officer of the department of	14374
natural resources, individual designated to perform law	14375
enforcement duties under section 511.232, 1545.13, or 6101.75 of	14376
the Revised Code, the house sergeant at arms if the house sergeant	14377
at arms has arrest authority pursuant to division (E)(1) of	14378
section 101.311 of the Revised Code, or an assistant house	14379
sergeant at arms is authorized by division (A) or (B) of this	14380
section to arrest and detain, within the limits of the political	14381
subdivision, metropolitan housing authority housing project,	14382
regional transit authority facilities or those areas of a	14383
municipal corporation that have been agreed to by a regional	14384
transit authority and a municipal corporation located within its	14385
territorial jurisdiction, port authority, municipal airport or	14386
other municipal air navigation facility, college, or university in	14387
which the officer is appointed, employed, or elected or within the	14388
limits of the territorial jurisdiction of the peace officer, a	14389
person until a warrant can be obtained, the peace officer, outside	14390
the limits of that territory, may pursue, arrest, and detain that	14391
person until a warrant can be obtained if all of the following	14392
apply:	14393

(1) The pursuit takes place without unreasonable delay after	14394
the offense is committed;	14395

(2) The pursuit is initiated within the limits of the	14396
political subdivision, metropolitan housing authority housing	14397
project, regional transit authority facilities or those areas of a	14398
municipal corporation that have been agreed to by a regional	14399
transit authority and a municipal corporation located within its	14400
territorial jurisdiction, port authority, municipal airport or	14401
other municipal air navigation facility, college, or university in	14402
which the peace officer is appointed, employed, or elected or	14403
within the limits of the territorial jurisdiction of the peace	14404
officer;	14405

(3) The offense involved is a felony, a misdemeanor of the	14406
first degree or a substantially equivalent municipal ordinance, a	14407
misdemeanor of the second degree or a substantially equivalent	14408
municipal ordinance, or any offense for which points are	14409
chargeable pursuant to section 4510.036 of the Revised Code.	14410

(E) In addition to the authority granted under division (A)	14411
or (B) of this section:	14412

(1) A sheriff or deputy sheriff may arrest and detain, until	14413
a warrant can be obtained, any person found violating section	14414
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	14415
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	14416
portion of any street or highway that is located immediately	14417
adjacent to the boundaries of the county in which the sheriff or	14418
deputy sheriff is elected or appointed.	14419

(2) A member of the police force of a township police	14420
district created under section 505.48 of the Revised Code, a	14421
member of the police force of a joint township police district	14422
created under section 505.481 of the Revised Code, or a township	14423
constable appointed in accordance with section 509.01 of the	14424
Revised Code, who has received a certificate from the Ohio peace	14425
officer training commission under section 109.75 of the Revised	14426
Code, may arrest and detain, until a warrant can be obtained, any	14427
person found violating any section or chapter of the Revised Code	14428
listed in division (E)(1) of this section, other than sections	14429
4513.33 and 4513.34 of the Revised Code, on the portion of any	14430
street or highway that is located immediately adjacent to the	14431
boundaries of the township police district or joint township	14432
police district, in the case of a member of a township police	14433
district or joint township police district police force, or the	14434
unincorporated territory of the township, in the case of a	14435
township constable. However, if the population of the township	14436
that created the township police district served by the member's	14437
police force, or the townships that created the joint township	14438
police district served by the member's police force, or the	14439
township that is served by the township constable, is sixty	14440
thousand or less, the member of the township police district or	14441
joint police district police force or the township constable may	14442
not make an arrest under division (E)(2) of this section on a	14443
state highway that is included as part of the interstate system.	14444

(3) A police officer or village marshal appointed, elected,	14445
or employed by a municipal corporation may arrest and detain,	14446
until a warrant can be obtained, any person found violating any	14447
section or chapter of the Revised Code listed in division (E)(1)	14448
of this section on the portion of any street or highway that is	14449
located immediately adjacent to the boundaries of the municipal	14450
corporation in which the police officer or village marshal is	14451
appointed, elected, or employed.	14452

(4) A peace officer of the department of natural resources or	14453
an individual designated to perform law enforcement duties under	14454
section 511.232, 1545.13, or 6101.75 of the Revised Code may	14455
arrest and detain, until a warrant can be obtained, any person	14456
found violating any section or chapter of the Revised Code listed	14457
in division (E)(1) of this section, other than sections 4513.33	14458
and 4513.34 of the Revised Code, on the portion of any street or	14459
highway that is located immediately adjacent to the boundaries of	14460
the lands and waters that constitute the territorial jurisdiction	14461
of the peace officer.	14462

(F)(1) A department of mental health special police officer	14463
or a department of mental retardation and developmental	14464
disabilities special police officer may arrest without a warrant	14465
and detain until a warrant can be obtained any person found	14466
committing on the premises of any institution under the	14467
jurisdiction of the particular department a misdemeanor under a	14468
law of the state.	14469

A department of mental health special police officer or a	14470
department of mental retardation and developmental disabilities	14471
special police officer may arrest without a warrant and detain	14472
until a warrant can be obtained any person who has been	14473
hospitalized, institutionalized, or confined in an institution	14474
under the jurisdiction of the particular department pursuant to or	14475
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	14476
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	14477
found committing on the premises of any institution under the	14478
jurisdiction of the particular department a violation of section	14479
2921.34 of the Revised Code that involves an escape from the	14480
premises of the institution.	14481

(2)(a) If a department of mental health special police	14482
officer or a department of mental retardation and developmental	14483
disabilities special police officer finds any person who has been	14484
hospitalized, institutionalized, or confined in an institution	14485
under the jurisdiction of the particular department pursuant to or	14486
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	14487
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	14488
violation of section 2921.34 of the Revised Code that involves an	14489
escape from the premises of the institution, or if there is	14490
reasonable ground to believe that a violation of section 2921.34	14491
of the Revised Code has been committed that involves an escape	14492
from the premises of an institution under the jurisdiction of the	14493
department of mental health or the department of mental	14494
retardation and developmental disabilities and if a department of	14495
mental health special police officer or a department of mental	14496
retardation and developmental disabilities special police officer	14497
has reasonable cause to believe that a particular person who has	14498
been hospitalized, institutionalized, or confined in the	14499
institution pursuant to or under authority of section 2945.37,	14500
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	14501
Revised Code is guilty of the violation, the special police	14502
officer, outside of the premises of the institution, may pursue,	14503
arrest, and detain that person for that violation of section	14504
2921.34 of the Revised Code, until a warrant can be obtained, if	14505
both of the following apply:	14506

(i) The pursuit takes place without unreasonable delay after	14507
the offense is committed;	14508

(ii) The pursuit is initiated within the premises of the	14509
institution from which the violation of section 2921.34 of the	14510
Revised Code occurred.	14511

(b) For purposes of division (F)(2)(a) of this section, the	14512
execution of a written statement by the administrator of the	14513
institution in which a person had been hospitalized,	14514
institutionalized, or confined pursuant to or under authority of	14515
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	14516
2945.402 of the Revised Code alleging that the person has escaped	14517
from the premises of the institution in violation of section	14518
2921.34 of the Revised Code constitutes reasonable ground to	14519
believe that the violation was committed and reasonable cause to	14520
believe that the person alleged in the statement to have committed	14521
the offense is guilty of the violation.	14522

(G) As used in this section:

14523

(1) A "department of mental health special police officer"	14524
means a special police officer of the department of mental health	14525
designated under section 5119.14 of the Revised Code who is	14526
certified by the Ohio peace officer training commission under	14527
section 109.77 of the Revised Code as having successfully	14528
completed an approved peace officer basic training program.	14529

(2) A "department of mental retardation and developmental	14530
disabilities special police officer" means a special police	14531
officer of the department of mental retardation and developmental	14532
disabilities designated under section 5123.13 of the Revised Code	14533
who is certified by the Ohio peace officer training council under	14534
section 109.77 of the Revised Code as having successfully	14535
completed an approved peace officer basic training program.	14536

(3) "Deadly weapon" has the same meaning as in section	14537
2923.11 of the Revised Code.	14538

(4) "Family or household member" has the same meaning as in	14539
section 2919.25 of the Revised Code.	14540

(5) "Street" or "highway" has the same meaning as in section	14541
4511.01 of the Revised Code.	14542

(6) "Interstate system" has the same meaning as in section	14543
5516.01 of the Revised Code.	14544

(7) "Peace officer of the department of natural resources"	14545
means an employee of the department of natural resources who is a	14546
natural resources law enforcement staff officer designated	14547
pursuant to section 1501.013 of the Revised Code, a forest officer	14548
designated pursuant to section 1503.29 of the Revised Code, a	14549
preserve officer designated pursuant to section 1517.10 of the	14550
Revised Code, a wildlife officer designated pursuant to section	14551
1531.13 of the Revised Code, a park officer designated pursuant to	14552
section 1541.10 of the Revised Code, or a state watercraft officer	14553
designated pursuant to section 1547.521 of the Revised Code.	14554

(8) "Portion of any street or highway" means all lanes of the	14555
street or highway irrespective of direction of travel, including	14556
designated turn lanes, and any berm, median, or shoulder.	14557

Sec. 3109.04. (A) In any divorce, legal separation, or	14558
annulment proceeding and in any proceeding pertaining to the	14559
allocation of parental rights and responsibilities for the care of	14560
a child, upon hearing the testimony of either or both parents and	14561
considering any mediation report filed pursuant to section	14562
3109.052 of the Revised Code and in accordance with sections	14563
3127.01 to 3127.53 of the Revised Code, the court shall allocate	14564
the parental rights and responsibilities for the care of the minor	14565
children of the marriage. Subject to division (D)(2) of this	14566
section, the court may allocate the parental rights and	14567
responsibilities for the care of the children in either of the	14568
following ways:	14569

(1) If neither parent files a pleading or motion in	14570
accordance with division (G) of this section, if at least one	14571
parent files a pleading or motion under that division but no	14572
parent who filed a pleading or motion under that division also	14573
files a plan for shared parenting, or if at least one parent files	14574
both a pleading or motion and a shared parenting plan under that	14575
division but no plan for shared parenting is in the best interest	14576
of the children, the court, in a manner consistent with the best	14577
interest of the children, shall allocate the parental rights and	14578
responsibilities for the care of the children primarily to one of	14579
the parents, designate that parent as the residential parent and	14580
the legal custodian of the child, and divide between the parents	14581
the other rights and responsibilities for the care of the	14582
children, including, but not limited to, the responsibility to	14583
provide support for the children and the right of the parent who	14584
is not the residential parent to have continuing contact with the	14585
children.	14586

(2) If at least one parent files a pleading or motion in	14587
accordance with division (G) of this section and a plan for shared	14588
parenting pursuant to that division and if a plan for shared	14589
parenting is in the best interest of the children and is approved	14590
by the court in accordance with division (D)(1) of this section,	14591
the court may allocate the parental rights and responsibilities	14592
for the care of the children to both parents and issue a shared	14593
parenting order requiring the parents to share all or some of the	14594
aspects of the physical and legal care of the children in	14595
accordance with the approved plan for shared parenting. If the	14596
court issues a shared parenting order under this division and it	14597
is necessary for the purpose of receiving public assistance, the	14598
court shall designate which one of the parents' residences is to	14599
serve as the child's home. The child support obligations of the	14600
parents under a shared parenting order issued under this division	14601
shall be determined in accordance with Chapters 3119., 3121.,	14602
3123., and 3125. of the Revised Code.	14603

(B)(1) When making the allocation of the parental rights and	14604
responsibilities for the care of the children under this section	14605
in an original proceeding or in any proceeding for modification of	14606
a prior order of the court making the allocation, the court shall	14607
take into account that which would be in the best interest of the	14608
children. In determining the child's best interest for purposes of	14609
making its allocation of the parental rights and responsibilities	14610
for the care of the child and for purposes of resolving any issues	14611
related to the making of that allocation, the court, in its	14612
discretion, may and, upon the request of either party, shall	14613
interview in chambers any or all of the involved children	14614
regarding their wishes and concerns with respect to the	14615
allocation.	14616

(2) If the court interviews any child pursuant to division	14617
(B)(1) of this section, all of the following apply:	14618

(a) The court, in its discretion, may and, upon the motion of	14619
either parent, shall appoint a guardian ad litem for the child.	14620

(b) The court first shall determine the reasoning ability of	14621
the child. If the court determines that the child does not have	14622
sufficient reasoning ability to express the child's wishes and	14623
concern with respect to the allocation of parental rights and	14624
responsibilities for the care of the child, it shall not determine	14625
the child's wishes and concerns with respect to the allocation. If	14626
the court determines that the child has sufficient reasoning	14627
ability to express the child's wishes or concerns with respect to	14628
the allocation, it then shall determine whether, because of	14629
special circumstances, it would not be in the best interest of the	14630
child to determine the child's wishes and concerns with respect to	14631
the allocation. If the court determines that, because of special	14632
circumstances, it would not be in the best interest of the child	14633
to determine the child's wishes and concerns with respect to the	14634
allocation, it shall not determine the child's wishes and concerns	14635
with respect to the allocation and shall enter its written	14636
findings of fact and opinion in the journal. If the court	14637
determines that it would be in the best interests of the child to	14638
determine the child's wishes and concerns with respect to the	14639
allocation, it shall proceed to make that determination.	14640

(c) The interview shall be conducted in chambers, and no	14641
person other than the child, the child's attorney, the judge, any	14642
necessary court personnel, and, in the judge's discretion, the	14643
attorney of each parent shall be permitted to be present in the	14644
chambers during the interview.	14645

(3) No person shall obtain or attempt to obtain from a child	14646
a written or recorded statement or affidavit setting forth the	14647
child's wishes and concerns regarding the allocation of parental	14648
rights and responsibilities concerning the child. No court, in	14649
determining the child's best interest for purposes of making its	14650
allocation of the parental rights and responsibilities for the	14651
care of the child or for purposes of resolving any issues related	14652
to the making of that allocation, shall accept or consider a	14653
written or recorded statement or affidavit that purports to set	14654
forth the child's wishes and concerns regarding those matters.	14655

(C) Prior to trial, the court may cause an investigation to	14656
be made as to the character, family relations, past conduct,	14657
earning ability, and financial worth of each parent and may order	14658
the parents and their minor children to submit to medical,	14659
psychological, and psychiatric examinations. The report of the	14660
investigation and examinations shall be made available to either	14661
parent or the parent's counsel of record not less than five days	14662
before trial, upon written request. The report shall be signed by	14663
the investigator, and the investigator shall be subject to	14664
cross-examination by either parent concerning the contents of the	14665
report. The court may tax as costs all or any part of the expenses	14666
for each investigation.	14667

If the court determines that either parent previously has	14668
been convicted of or pleaded guilty to any criminal offense	14669
involving any act that resulted in a child being a neglected	14670
child, that either parent previously has been determined to be the	14671
perpetrator of the neglectful act that is the basis of an	14672
adjudication that a child is a neglected child, or that there is	14673
reason to believe that either parent has acted in a manner	14674
resulting in a child being a neglected child, the court shall	14675
consider that fact against naming that parent the residential	14676
parent and against granting a shared parenting decree. When the	14677
court allocates parental rights and responsibilities for the care	14678
of children or determines whether to grant shared parenting in any	14679
proceeding, it shall consider whether either parent or any member	14680
of the household of either parent has been convicted of or pleaded	14681
guilty to a violation of section 2919.25 of the Revised Code or a	14682
sexually oriented offense involving a victim who at the time of	14683
the commission of the offense was a member of the family or	14684
household that is the subject of the proceeding, has been	14685
convicted of or pleaded guilty to any sexually oriented offense or	14686
other offense involving a victim who at the time of the commission	14687
of the offense was a member of the family or household that is the	14688
subject of the proceeding and caused physical harm to the victim	14689
in the commission of the offense, or has been determined to be the	14690
perpetrator of the abusive act that is the basis of an	14691
adjudication that a child is an abused child. If the court	14692
determines that either parent has been convicted of or pleaded	14693
guilty to a violation of section 2919.25 of the Revised Code or a	14694
sexually oriented offense involving a victim who at the time of	14695
the commission of the offense was a member of the family or	14696
household that is the subject of the proceeding, has been	14697
convicted of or pleaded guilty to any sexually oriented offense or	14698
other offense involving a victim who at the time of the commission	14699
of the offense was a member of the family or household that is the	14700
subject of the proceeding and caused physical harm to the victim	14701
in the commission of the offense, or has been determined to be the	14702
perpetrator of the abusive act that is the basis of an	14703
adjudication that a child is an abused child, it may designate	14704
that parent as the residential parent and may issue a shared	14705
parenting decree or order only if it determines that it is in the	14706
best interest of the child to name that parent the residential	14707
parent or to issue a shared parenting decree or order and it makes	14708
specific written findings of fact to support its determination.	14709

(D)(1)(a) Upon the filing of a pleading or motion by either	14710
parent or both parents, in accordance with division (G) of this	14711
section, requesting shared parenting and the filing of a shared	14712
parenting plan in accordance with that division, the court shall	14713
comply with division (D)(1)(a)(i), (ii), or (iii) of this section,	14714
whichever is applicable:	14715

(i) If both parents jointly make the request in their	14716
pleadings or jointly file the motion and also jointly file the	14717
plan, the court shall review the parents' plan to determine if it	14718
is in the best interest of the children. If the court determines	14719
that the plan is in the best interest of the children, the court	14720
shall approve it. If the court determines that the plan or any	14721
part of the plan is not in the best interest of the children, the	14722
court shall require the parents to make appropriate changes to the	14723
plan to meet the court's objections to it. If changes to the plan	14724
are made to meet the court's objections, and if the new plan is in	14725
the best interest of the children, the court shall approve the	14726
plan. If changes to the plan are not made to meet the court's	14727
objections, or if the parents attempt to make changes to the plan	14728
to meet the court's objections, but the court determines that the	14729
new plan or any part of the new plan still is not in the best	14730
interest of the children, the court may reject the portion of the	14731
parents' pleadings or deny their motion requesting shared	14732
parenting of the children and proceed as if the request in the	14733
pleadings or the motion had not been made. The court shall not	14734
approve a plan under this division unless it determines that the	14735
plan is in the best interest of the children.	14736

(ii) If each parent makes a request in the parent's pleadings	14737
or files a motion and each also files a separate plan, the court	14738
shall review each plan filed to determine if either is in the best	14739
interest of the children. If the court determines that one of the	14740
filed plans is in the best interest of the children, the court may	14741
approve the plan. If the court determines that neither filed plan	14742
is in the best interest of the children, the court may order each	14743
parent to submit appropriate changes to the parent's plan or both	14744
of the filed plans to meet the court's objections, or may select	14745
one of the filed plans and order each parent to submit appropriate	14746
changes to the selected plan to meet the court's objections. If	14747
changes to the plan or plans are submitted to meet the court's	14748
objections, and if any of the filed plans with the changes is in	14749
the best interest of the children, the court may approve the plan	14750
with the changes. If changes to the plan or plans are not	14751
submitted to meet the court's objections, or if the parents submit	14752
changes to the plan or plans to meet the court's objections but	14753
the court determines that none of the filed plans with the	14754
submitted changes is in the best interest of the children, the	14755
court may reject the portion of the parents' pleadings or deny	14756
their motions requesting shared parenting of the children and	14757
proceed as if the requests in the pleadings or the motions had not	14758
been made. If the court approves a plan under this division,	14759
either as originally filed or with submitted changes, or if the	14760
court rejects the portion of the parents' pleadings or denies	14761
their motions requesting shared parenting under this division and	14762
proceeds as if the requests in the pleadings or the motions had	14763
not been made, the court shall enter in the record of the case	14764
findings of fact and conclusions of law as to the reasons for the	14765
approval or the rejection or denial. Division (D)(1)(b) of this	14766
section applies in relation to the approval or disapproval of a	14767
plan under this division.	14768

(iii) If each parent makes a request in the parent's	14769
pleadings or files a motion but only one parent files a plan, or	14770
if only one parent makes a request in the parent's pleadings or	14771
files a motion and also files a plan, the court in the best	14772
interest of the children may order the other parent to file a plan	14773
for shared parenting in accordance with division (G) of this	14774
section. The court shall review each plan filed to determine if	14775
any plan is in the best interest of the children. If the court	14776
determines that one of the filed plans is in the best interest of	14777
the children, the court may approve the plan. If the court	14778
determines that no filed plan is in the best interest of the	14779
children, the court may order each parent to submit appropriate	14780
changes to the parent's plan or both of the filed plans to meet	14781
the court's objections or may select one filed plan and order each	14782
parent to submit appropriate changes to the selected plan to meet	14783
the court's objections. If changes to the plan or plans are	14784
submitted to meet the court's objections, and if any of the filed	14785
plans with the changes is in the best interest of the children,	14786
the court may approve the plan with the changes. If changes to the	14787
plan or plans are not submitted to meet the court's objections, or	14788
if the parents submit changes to the plan or plans to meet the	14789
court's objections but the court determines that none of the filed	14790
plans with the submitted changes is in the best interest of the	14791
children, the court may reject the portion of the parents'	14792
pleadings or deny the parents' motion or reject the portion of the	14793
parents' pleadings or deny their motions requesting shared	14794
parenting of the children and proceed as if the request or	14795
requests or the motion or motions had not been made. If the court	14796
approves a plan under this division, either as originally filed or	14797
with submitted changes, or if the court rejects the portion of the	14798
pleadings or denies the motion or motions requesting shared	14799
parenting under this division and proceeds as if the request or	14800
requests or the motion or motions had not been made, the court	14801
shall enter in the record of the case findings of fact and	14802
conclusions of law as to the reasons for the approval or the	14803
rejection or denial. Division (D)(1)(b) of this section applies in	14804
relation to the approval or disapproval of a plan under this	14805
division.	14806

(b) The approval of a plan under division (D)(1)(a)(ii) or	14807
(iii) of this section is discretionary with the court. The court	14808
shall not approve more than one plan under either division and	14809
shall not approve a plan under either division unless it	14810
determines that the plan is in the best interest of the children.	14811
If the court, under either division, does not determine that any	14812
filed plan or any filed plan with submitted changes is in the best	14813
interest of the children, the court shall not approve any plan.	14814

(c) Whenever possible, the court shall require that a shared	14815
parenting plan approved under division (D)(1)(a)(i), (ii), or	14816
(iii) of this section ensure the opportunity for both parents to	14817
have frequent and continuing contact with the child, unless	14818
frequent and continuing contact with any parent would not be in	14819
the best interest of the child.	14820

(d) If a court approves a shared parenting plan under	14821
division (D)(1)(a)(i), (ii), or (iii) of this section, the	14822
approved plan shall be incorporated into a final shared parenting	14823
decree granting the parents the shared parenting of the children.	14824
Any final shared parenting decree shall be issued at the same time	14825
as and shall be appended to the final decree of dissolution,	14826
divorce, annulment, or legal separation arising out of the action	14827
out of which the question of the allocation of parental rights and	14828
responsibilities for the care of the children arose.	14829

No provisional shared parenting decree shall be issued in	14830
relation to any shared parenting plan approved under division	14831
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared	14832
parenting decree issued under this division has immediate effect	14833
as a final decree on the date of its issuance, subject to	14834
modification or termination as authorized by this section.	14835

(2) If the court finds, with respect to any child under	14836
eighteen years of age, that it is in the best interest of the	14837
child for neither parent to be designated the residential parent	14838
and legal custodian of the child, it may commit the child to a	14839
relative of the child or certify a copy of its findings, together	14840
with as much of the record and the further information, in	14841
narrative form or otherwise, that it considers necessary or as the	14842
juvenile court requests, to the juvenile court for further	14843
proceedings, and, upon the certification, the juvenile court has	14844
exclusive jurisdiction.	14845

(E)(1)(a) The court shall not modify a prior decree	14846
allocating parental rights and responsibilities for the care of	14847
children unless it finds, based on facts that have arisen since	14848
the prior decree or that were unknown to the court at the time of	14849
the prior decree, that a change has occurred in the circumstances	14850
of the child, the child's residential parent, or either of the	14851
parents subject to a shared parenting decree, and that the	14852
modification is necessary to serve the best interest of the child.	14853
In applying these standards, the court shall retain the	14854
residential parent designated by the prior decree or the prior	14855
shared parenting decree, unless a modification is in the best	14856
interest of the child and one of the following applies:	14857

(i) The residential parent agrees to a change in the	14858
residential parent or both parents under a shared parenting decree	14859
agree to a change in the designation of residential parent.	14860

(ii) The child, with the consent of the residential parent or	14861
of both parents under a shared parenting decree, has been	14862
integrated into the family of the person seeking to become the	14863
residential parent.	14864

(iii) The harm likely to be caused by a change of environment	14865
is outweighed by the advantages of the change of environment to	14866
the child.	14867

(b) One or both of the parents under a prior decree	14868
allocating parental rights and responsibilities for the care of	14869
children that is not a shared parenting decree may file a motion	14870
requesting that the prior decree be modified to give both parents	14871
shared rights and responsibilities for the care of the children.	14872
The motion shall include both a request for modification of the	14873
prior decree and a request for a shared parenting order that	14874
complies with division (G) of this section. Upon the filing of the	14875
motion, if the court determines that a modification of the prior	14876
decree is authorized under division (E)(1)(a) of this section, the	14877
court may modify the prior decree to grant a shared parenting	14878
order, provided that the court shall not modify the prior decree	14879
to grant a shared parenting order unless the court complies with	14880
divisions (A) and (D)(1) of this section and, in accordance with	14881
those divisions, approves the submitted shared parenting plan and	14882
determines that shared parenting would be in the best interest of	14883
the children.	14884

(2) In addition to a modification authorized under division	14885
(E)(1) of this section:	14886

(a) Both parents under a shared parenting decree jointly may	14887
modify the terms of the plan for shared parenting approved by the	14888
court and incorporated by it into the shared parenting decree.	14889
Modifications under this division may be made at any time. The	14890
modifications to the plan shall be filed jointly by both parents	14891
with the court, and the court shall include them in the plan,	14892
unless they are not in the best interest of the children. If the	14893
modifications are not in the best interests of the children, the	14894
court, in its discretion, may reject the modifications or make	14895
modifications to the proposed modifications or the plan that are	14896
in the best interest of the children. Modifications jointly	14897
submitted by both parents under a shared parenting decree shall be	14898
effective, either as originally filed or as modified by the court,	14899
upon their inclusion by the court in the plan. Modifications to	14900
the plan made by the court shall be effective upon their inclusion	14901
by the court in the plan.	14902

(b) The court may modify the terms of the plan for shared	14903
parenting approved by the court and incorporated by it into the	14904
shared parenting decree upon its own motion at any time if the	14905
court determines that the modifications are in the best interest	14906
of the children or upon the request of one or both of the parents	14907
under the decree. Modifications under this division may be made at	14908
any time. The court shall not make any modification to the plan	14909
under this division, unless the modification is in the best	14910
interest of the children.	14911

(c) The court may terminate a prior final shared parenting	14912
decree that includes a shared parenting plan approved under	14913
division (D)(1)(a)(i) of this section upon the request of one or	14914
both of the parents or whenever it determines that shared	14915
parenting is not in the best interest of the children. The court	14916
may terminate a prior final shared parenting decree that includes	14917
a shared parenting plan approved under division (D)(1)(a)(ii) or	14918
(iii) of this section if it determines, upon its own motion or	14919
upon the request of one or both parents, that shared parenting is	14920
not in the best interest of the children. If modification of the	14921
terms of the plan for shared parenting approved by the court and	14922
incorporated by it into the final shared parenting decree is	14923
attempted under division (E)(2)(a) of this section and the court	14924
rejects the modifications, it may terminate the final shared	14925
parenting decree if it determines that shared parenting is not in	14926
the best interest of the children.	14927

(d) Upon the termination of a prior final shared parenting	14928
decree under division (E)(2)(c) of this section, the court shall	14929
proceed and issue a modified decree for the allocation of parental	14930
rights and responsibilities for the care of the children under the	14931
standards applicable under divisions (A), (B), and (C) of this	14932
section as if no decree for shared parenting had been granted and	14933
as if no request for shared parenting ever had been made.	14934

(F)(1) In determining the best interest of a child pursuant	14935
to this section, whether on an original decree allocating parental	14936
rights and responsibilities for the care of children or a	14937
modification of a decree allocating those rights and	14938
responsibilities, the court shall consider all relevant factors,	14939
including, but not limited to:	14940

(a) The wishes of the child's parents regarding the child's	14941
care;	14942

(b) If the court has interviewed the child in chambers	14943
pursuant to division (B) of this section regarding the child's	14944
wishes and concerns as to the allocation of parental rights and	14945
responsibilities concerning the child, the wishes and concerns of	14946
the child, as expressed to the court;	14947

(c) The child's interaction and interrelationship with the	14948
child's parents, siblings, and any other person who may	14949
significantly affect the child's best interest;	14950

(d) The child's adjustment to the child's home, school, and	14951
community;	14952

(e) The mental and physical health of all persons involved in	14953
the situation;	14954

(f) The parent more likely to honor and facilitate	14955
court-approved parenting time rights or visitation and	14956
companionship rights;	14957

(g) Whether either parent has failed to make all child	14958
support payments, including all arrearages, that are required of	14959
that parent pursuant to a child support order under which that	14960
parent is an obligor;	14961

(h) Whether either parent or any member of the household of	14962
either parent previously has been convicted of or pleaded guilty	14963
to any criminal offense involving any act that resulted in a child	14964
being an abused child or a neglected child; whether either parent,	14965
in a case in which a child has been adjudicated an abused child or	14966
a neglected child, previously has been determined to be the	14967
perpetrator of the abusive or neglectful act that is the basis of	14968
an adjudication; whether either parent or any member of the	14969
household of either parent previously has been convicted of or	14970
pleaded guilty to a violation of section 2919.25 of the Revised	14971
Code or a sexually oriented offense involving a victim who at the	14972
time of the commission of the offense was a member of the family	14973
or household that is the subject of the current proceeding;	14974
whether either parent or any member of the household of either	14975
parent previously has been convicted of or pleaded guilty to any	14976
offense involving a victim who at the time of the commission of	14977
the offense was a member of the family or household that is the	14978
subject of the current proceeding and caused physical harm to the	14979
victim in the commission of the offense; and whether there is	14980
reason to believe that either parent has acted in a manner	14981
resulting in a child being an abused child or a neglected child;	14982

(i) Whether the residential parent or one of the parents	14983
subject to a shared parenting decree has continuously and	14984
willfully denied the other parent's right to parenting time in	14985
accordance with an order of the court;	14986

(j) Whether either parent has established a residence, or is	14987
planning to establish a residence, outside this state.	14988

(2) In determining whether shared parenting is in the best	14989
interest of the children, the court shall consider all relevant	14990
factors, including, but not limited to, the factors enumerated in	14991
division (F)(1) of this section, the factors enumerated in section	14992
3119.23 of the Revised Code, and all of the following factors:	14993

(a) The ability of the parents to cooperate and make	14994
decisions jointly, with respect to the children;	14995

(b) The ability of each parent to encourage the sharing of	14996
love, affection, and contact between the child and the other	14997
parent;	14998

(c) Any history of, or potential for, child abuse, spouse	14999
abuse, other domestic violence, or parental kidnapping by either	15000
parent;	15001

(d) The geographic proximity of the parents to each other, as	15002
the proximity relates to the practical considerations of shared	15003
parenting;	15004

(e) The recommendation of the guardian ad litem of the child,	15005
if the child has a guardian ad litem.	15006

(3) When allocating parental rights and responsibilities for	15007
the care of children, the court shall not give preference to a	15008
parent because of that parent's financial status or condition.	15009

(G) Either parent or both parents of any children may file a	15010
pleading or motion with the court requesting the court to grant	15011
both parents shared parental rights and responsibilities for the	15012
care of the children in a proceeding held pursuant to division (A)	15013
of this section. If a pleading or motion requesting shared	15014
parenting is filed, the parent or parents filing the pleading or	15015
motion also shall file with the court a plan for the exercise of	15016
shared parenting by both parents. If each parent files a pleading	15017
or motion requesting shared parenting but only one parent files a	15018
plan or if only one parent files a pleading or motion requesting	15019
shared parenting and also files a plan, the other parent as	15020
ordered by the court shall file with the court a plan for the	15021
exercise of shared parenting by both parents. The plan for shared	15022
parenting shall be filed with the petition for dissolution of	15023
marriage, if the question of parental rights and responsibilities	15024
for the care of the children arises out of an action for	15025
dissolution of marriage, or, in other cases, at a time at least	15026
thirty days prior to the hearing on the issue of the parental	15027
rights and responsibilities for the care of the children. A plan	15028
for shared parenting shall include provisions covering all factors	15029
that are relevant to the care of the children, including, but not	15030
limited to, provisions covering factors such as physical living	15031
arrangements, child support obligations, provision for the	15032
children's medical and dental care, school placement, and the	15033
parent with which the children will be physically located during	15034
legal holidays, school holidays, and other days of special	15035
importance.	15036

(H) If an appeal is taken from a decision of a court that	15037
grants or modifies a decree allocating parental rights and	15038
responsibilities for the care of children, the court of appeals	15039
shall give the case calendar priority and handle it expeditiously.	15040

(I) Upon receipt of an order to active military service in	15041
the uniformed services, a parent who is subject to an order	15042
allocating parental rights and responsibilities or in relation to	15043
whom an action to allocate parental rights and responsibilities is	15044
pending and who is ordered to active military service shall notify	15045
the other parent who is subject to the order or in relation to	15046
whom the case is pending of the order to active military service.	15047
Either parent may apply to the court for a hearing to expedite an	15048
allocation or modification proceeding. The application shall	15049
include the date on which the active military service begins.	15050

The court shall schedule a hearing upon receipt of the	15051
application and hold the hearing not later than thirty days after	15052
receipt of the application, except that the court shall give the	15053
case calendar priority and handle the case expeditiously if	15054
exigent circumstances exist in the case.	15055

The court shall not modify a prior decree allocating parental	15056
rights and responsibilities unless the court determines by clear	15057
and convincing evidence that there has been a change in	15058
circumstances of the child, the child's residential parent, or	15059
either of the parents subject to a shared parenting decree, and	15060
that modification is necessary to serve the best interest of the	15061
child. The court shall not consider active military service in the	15062
uniformed services in determining whether a change in	15063
circumstances exists under this section.	15064

Nothing in this division shall prevent a court from issuing a	15065
temporary order allocating or modifying parental rights and	15066
responsibilities for the duration of the parent's active military	15067
service.	15068

(J) As used in this section:

15069

(1) "Abused child" has the same meaning as in section	15070
2151.031 of the Revised Code~~, and "neglected~~.	15071

(2) "Active military service" means the performance of active	15072
military duty by a member of the uniformed services for a period	15073
of more than thirty days.	15074

(3) "Neglected child" has the same meaning as in section	15075
2151.03 of the Revised Code.	15076

~~(2)~~(4) "Sexually oriented offense" has the same meaning as in	15077
section 2950.01 of the Revised Code.	15078

(5) "Uniformed services" means the United States armed	15079
forces, army national guard and air national guard when engaged in	15080
active duty for training, or the commissioned corps of the United	15081
States public health service.	15082

~~(J)~~(K) As used in the Revised Code, "shared parenting" means	15083
that the parents share, in the manner set forth in the plan for	15084
shared parenting that is approved by the court under division	15085
(D)(1) and described in division ~~(K)~~(L)(6) of this section, all or	15086
some of the aspects of physical and legal care of their children.	15087

~~(K)~~(L) For purposes of the Revised Code:

15088

(1) A parent who is granted the care, custody, and control of	15089
a child under an order that was issued pursuant to this section	15090
prior to April 11, 1991, and that does not provide for shared	15091
parenting has "custody of the child" and "care, custody, and	15092
control of the child" under the order, and is the "residential	15093
parent," the "residential parent and legal custodian," or the	15094
"custodial parent" of the child under the order.	15095

(2) A parent who primarily is allocated the parental rights	15096
and responsibilities for the care of a child and who is designated	15097
as the residential parent and legal custodian of the child under	15098
an order that is issued pursuant to this section on or after April	15099
11, 1991, and that does not provide for shared parenting has	15100
"custody of the child" and "care, custody, and control of the	15101
child" under the order, and is the "residential parent," the	15102
"residential parent and legal custodian," or the "custodial	15103
parent" of the child under the order.	15104

(3) A parent who is not granted custody of a child under an	15105
order that was issued pursuant to this section prior to April 11,	15106
1991, and that does not provide for shared parenting is the	15107
"parent who is not the residential parent," the "parent who is not	15108
the residential parent and legal custodian," or the "noncustodial	15109
parent" of the child under the order.	15110

(4) A parent who is not primarily allocated the parental	15111
rights and responsibilities for the care of a child and who is not	15112
designated as the residential parent and legal custodian of the	15113
child under an order that is issued pursuant to this section on or	15114
after April 11, 1991, and that does not provide for shared	15115
parenting is the "parent who is not the residential parent," the	15116
"parent who is not the residential parent and legal custodian," or	15117
the "noncustodial parent" of the child under the order.	15118

(5) Unless the context clearly requires otherwise, if an	15119
order is issued by a court pursuant to this section and the order	15120
provides for shared parenting of a child, both parents have	15121
"custody of the child" or "care, custody, and control of the	15122
child" under the order, to the extent and in the manner specified	15123
in the order.	15124

(6) Unless the context clearly requires otherwise and except	15125
as otherwise provided in the order, if an order is issued by a	15126
court pursuant to this section and the order provides for shared	15127
parenting of a child, each parent, regardless of where the child	15128
is physically located or with whom the child is residing at a	15129
particular point in time, as specified in the order, is the	15130
"residential parent," the "residential parent and legal	15131
custodian," or the "custodial parent" of the child.	15132

(7) Unless the context clearly requires otherwise and except	15133
as otherwise provided in the order, a designation in the order of	15134
a parent as the residential parent for the purpose of determining	15135
the school the child attends, as the custodial parent for purposes	15136
of claiming the child as a dependent pursuant to section 152(e) of	15137
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	15138
1, as amended, or as the residential parent for purposes of	15139
receiving public assistance pursuant to division (A)(2) of this	15140
section, does not affect the designation pursuant to division	15141
~~(K)~~(L)(6) of this section of each parent as the "residential	15142
parent," the "residential parent and legal custodian," or the	15143
"custodial parent" of the child.	15144

~~(L)~~(M) The court shall require each parent of a child to file	15145
an affidavit attesting as to whether the parent, and the members	15146
of the parent's household, have been convicted of or pleaded	15147
guilty to any of the offenses identified in divisions (C) and	15148
(F)(1)(h) of this section.	15149

Sec. 3109.041. (A) Parties to any custody decree issued	15150
pursuant to section 3109.04 of the Revised Code prior to ~~the~~	15151
~~effective date of this amendment~~April 11, 1991, may file a motion	15152
with the court that issued the decree requesting the issuance of a	15153
shared parenting decree in accordance with division (G) of section	15154
3109.04 of the Revised Code. Upon the filing of the motion, the	15155
court shall determine whether to grant the parents shared rights	15156
and responsibilities for the care of the children in accordance	15157
with divisions (A), (D)(1), ~~and~~ (E)(1), and (I) of section 3109.04	15158
of the Revised Code.	15159

(B) A custody decree issued pursuant to section 3109.04 of	15160
the Revised Code prior to ~~the effective date of this amendment~~	15161
April 11, 1991, that granted joint care, custody, and control of	15162
the children to the parents shall not be affected or invalidated	15163
by, and shall not be construed as being affected or invalidated	15164
by, the provisions of section 3109.04 of the Revised Code relative	15165
to the granting of a shared parenting decree or a decree	15166
allocating parental rights and responsibilities for the care of	15167
children on and after ~~the effective date of this amendment~~April	15168
11, 1991. The decree issued prior to ~~the effective date of this~~	15169
~~amendment~~April 11, 1991 shall remain in full force and effect,	15170
subject to modification or termination pursuant to section 3109.04	15171
of the Revised Code as that section exists on and after ~~the~~	15172
~~effective date of this amendment~~April 11, 1991.	15173

(C) As used in this section, "joint custody" and "joint care,	15174
custody, and control" have the same meaning as "shared parenting."	15175

Sec. 3119.022. When a court or child support enforcement	15176
agency calculates the amount of child support to be paid pursuant	15177
to a child support order in a proceeding in which one parent is	15178
the residential parent and legal custodian of all of the children	15179
who are the subject of the child support order or in which the	15180
court issues a shared parenting order, the court or agency shall	15181
use a worksheet identical in content and form to the following:	15182

CHILD SUPPORT COMPUTATION WORKSHEET

15183

SOLE RESIDENTIAL PARENT OR SHARED PARENTING ORDER

15184

Name of parties ................................................

15185

Case No. .......................................................

15186

Number of minor children .......................................

15187

The following parent was designated as residential parent and	15188
legal custodian: ...... mother ...... father ...... shared	15189

		Column I	Column II	Column III	15190
		Father	Mother	Combined	15191
INCOME:					15192
1.a.	Annual gross income from				15193
	employment or, when				15194
	determined appropriate				15195
	by the court or agency,				15196
	average annual gross income				15197
	from employment over a				15198
	reasonable period of years.				15199
	(Exclude overtime, bonuses,				15200
	self-employment income, or				15201
	commissions)...............	$......	$......		15202
b.	Amount of overtime,				15203
	bonuses, and commissions				15204
	(year 1 representing the				15205
	most recent year)				15206

Father	Mother	15207
Yr. 3 $..........	Yr. 3 $..........	15208
(Three years ago)	(Three years ago)	15209
Yr. 2 $..........	Yr. 2 $..........	15210
(Two years ago)	(Two years ago)	15211
Yr. 1 $..........	Yr. 1 $..........	15212
(Last calendar year)	(Last calendar year)	15213
Average $.........	Average $.........	15214

	(Include in Col. I and/or				15215
	Col. II the average of the				15216
	three years or the year 1				15217
	amount, whichever is less,				15218
	if there exists a reasonable				15219
	expectation that the total				15220
	earnings from overtime and/or				15221
	bonuses during the current				15222
	calendar year will meet or				15223
	exceed the amount that is				15224
	the lower of the average				15225
	of the three years or the				15226
	year 1 amount. If, however,				15227
	there exists a reasonable				15228
	expectation that the total				15229
	earnings from overtime/				15230
	bonuses during the current				15231
	calendar year will be less				15232
	than the lower of the average				15233
	of the 3 years or the year 1				15234
	amount, include only the				15235
	amount reasonably expected				15236
	to be earned this year.)...	$......	$......		15237
					15238
2.	For self-employment income:				15239
a.	Gross receipts from				15240
	business...................	$......	$......		15241
b.	Ordinary and necessary				15242
	business expenses..........	$......	$......		15243
c.	5.6% of adjusted gross				15244
	income or the actual				15245
	marginal difference between				15246
	the actual rate paid by the				15247
	self-employed individual				15248
	and the F.I.C.A. rate .....	$......	$......		15249
d.	Adjusted gross income from				15250
	self-employment (subtract				15251
	the sum of 2b and 2c from				15252
	2a)........................	$......	$......		15253
					15254
3.	Annual income from interest				15255
	and dividends (whether or				15256
	not taxable)...............	$......	$......		15257
					15258
4.	Annual income from				15259
	unemployment compensation...	$......	$......		15260
					15261
5.	Annual income from workers'				15262
	compensation, disability				15263
	insurance benefits, or social				15264
	security disability/				15265
	retirement benefits........	$......	$......		15266
					15267
6.	Other annual income				15268
	(identify).................	$......	$......		15269
					15270
7.a.	Total annual gross income				15271
	(add lines 1a, 1b, 2d, and				15272
	3-6).......................	$......	$......		15273
b.	Health insurance maximum				15274
	(multiply line 7a by 5%)	$......	$......		15275
					15276
ADJUSTMENTS TO INCOME:					15277
8.	Adjustment for minor children				15278
	born to or adopted by either				15279
	parent and another parent who				15280
	are living with this parent;				15281
	adjustment does not apply				15282
	to stepchildren (number of				15283
	children times federal income				15284
	tax exemption less child				15285
	support received, not to				15286
	exceed the federal tax				15287
	exemption).................	$......	$......		15288
					15289
9.	Annual court-ordered support				15290
	paid for other children....	$......	$......		15291
					15292
10.	Annual court-ordered spousal				15293
	support paid to any spouse				15294
	or former spouse...........	$......	$......		15295
					15296
11.	Amount of local income taxes				15297
	actually paid or estimated				15298
	to be paid.................	$......	$......		15299
					15300
12.	Mandatory work-related				15301
	deductions such as union				15302
	dues, uniform fees, etc.				15303
	(not including taxes, social				15304
	security, or retirement)...	$......	$......		15305
					15306
13.	Total gross income				15307
	adjustments (add lines				15308
	8 through 12)..............	$......	$......		15309
					15310
14.					15311
a.	Adjusted annual gross				15312
	income (subtract line 13				15313
	from line 7a)..............	$......	$......		15314
b.	Cash medical support				15315
	maximum (If the amount				15316
	on line 7a, Col. I, is				15317
	under 150% of the federal				15318
	poverty level for an				15319
	individual, enter $0 on				15320
	line 14b, Col. I. If				15321
	the amount on line 7a,				15322
	Col. I, is 150% or				15323
	higher of the federal				15324
	poverty level for an				15325
	individual, multiply the				15326
	amount on line 14a, Col. I,				15327
	by 5% and enter this amount				15328
	on line 14b, Col. I.				15329
	If the amount on line 7a,				15330
	Col. II, is under 150%				15331
	of the federal poverty level				15332
	for an individual, enter				15333
	$0 on line 14b, Col. II.				15334
	If the amount on line 7a,				15335
	Col. II, is 150% or higher				15336
	of the federal poverty level				15337
	for an individual, multiply				15338
	the amount on line 14a,				15339
	Col. II, by 5% and enter				15340
	this amount on line 14b,				15341
	Col. II.).................	$......	$......		15342
					15343
15.	Combined annual income that				15344
	is basis for child support				15345
	order (add line 14 14a, Col.				15346
	I and Col. II) .............			$......	15347
					15348
16.	Percentage of parent's				15349
	income to total income				15350
a.	Father (divide line 14 14a,				15351
	Col. I, by line 15, Col.				15352
	III).......................%				15353
b.	Mother (divide line 14 14a,				15354
	Col. II, by line 15, Col.				15355
	III).......................%				15356
					15357
17.	Basic combined child				15358
	support obligation (refer				15359
	to schedule, first column,				15360
	locate the amount nearest				15361
	to the amount on line 15,				15362
	Col. III, then refer to				15363
	column for number of				15364
	children in this family.				15365
	If the income of the				15366
	parents is more than one				15367
	sum but less than another,				15368
	you may calculate the				15369
	difference.)...............			$......	15370
					15371
18.	Annual support obligation per parent				15372
a.	Father (multiply line 17,				15373
	Col. III, by line 16a).....	$......			15374
b.	Mother (multiply line 17,				15375
	Col. III, by line 16b).....		$......		15376
					15377
19.	Annual child care expenses				15378
	for children who are the				15379
	subject of this order that				15380
	are work-, employment				15381
	training-, or education-				15382
	related, as approved by				15383
	the court or agency				15384
	(deduct tax credit from				15385
	annual cost, whether or				15386
	not claimed)..............	$......	$......		15387
					15388
20.					15389
a.	Marginal, out-of-pocket				15390
	costs, necessary to provide				15391
	for health insurance for				15392
	the children who are the				15393
	subject of this order				15394
	(contributing cost of private				15395
	family health insurance,				15396
	minus the contributing cost				15397
	of private single health				15398
	insurance, divided by the				15399
	total number of dependents				15400
	covered by the plan,				15401
	including the children				15402
	subject of the support				15403
	order, times the number of				15404
	children subject of the				15405
	support order) ........	$......	$......		15406
b.	Cash medical support				15407
	obligation (enter the amount				15408
	on line 14b or the amount				15409
	of annual health care				15410
	expenditures estimated by				15411
	the United States Department				15412
	of Agriculture and				15413
	described in section 3119.30				15414
	of the Revised Code,				15415
	whichever amount is				15416
	lower) .....................	$......	$......		15417

					15418
21.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:			15419
		Father (only if obligor		Mother (only if obligor	15420
		or shared parenting)		or shared parenting)	15421
	a.	Additions: line 16a	b.	Additions: line 16b	15422
		times sum of amounts		times sum of amounts	15423
		shown on line 19, Col. II		shown on line 19, Col. I	15424
		and line 20 20a, Col. II		and line 20 20a, Col. I	15425
		$......................		$......................	15426
	c.	Subtractions: line 16b	d.	Subtractions: line 16a	15427
		times sum of amounts		times sum of amounts	15428
		shown on line 19, Col. I		shown on line 19, Col. II	15429
		and line 20 20a, Col. I		and line 20 20a, Col. II	15430
		$.......................		$.......................	15431

				15432
22.	OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:			15433
a.	Father: line 18a plus or			15434
	minus the difference between			15435
	line 21a minus line 21c			15436
		$......		15437
b.	Mother: line 18b plus or			15438
	minus the difference between			15439
	line 21b minus line 21d			15440
			$......	15441
				15442
23.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:				15443
a.	(Line 22a or 22b, whichever			15444
	line corresponds to the			15445
	parent who is the obligor).	$......		15446
b.	Any non-means-tested			15447
	benefits, including social			15448
	security and veterans'			15449
	benefits, paid to and			15450
	received by a child or a			15451
	person on behalf of the			15452
	child due to death,			15453
	disability, or retirement			15454
	of the parent...............	$......		15455
c.	Actual annual obligation			15456
	(subtract line 23b from			15457
	line 23a)...................	$......		15458
				15459
24.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:			15460

	Father (only if obligor		Mother (only if obligor	15461
	or shared parenting)		or shared parenting)	15462
a.	Additions: line 16a times	b.	Additions: line 16b times	15463
	the sum of the amounts		the sum of the amounts	15464
	shown on line 19, Col. II		shown on line 19, Col. I	15465
	and line 20b, Col. II		and line 20b, Col. I	15466
	$......................		$......................	15467
c.	Subtractions: line 16b	d.	Subtractions: line 16a	15468
	times the sum of the		times the sum of the	15469
	amounts shown on line		amounts shown on line	15470
	19, Col. I and line		19, Col. II and line	15471
	20b, Col. I		20b, Col. II	15472
	$.......................		$.......................	15473
				15474

25.	OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT			15475
	WHEN HEALTH INSURANCE IS NOT PROVIDED:			15476
a.	Father: line 18a plus or minus the difference between line 24a minus line 24c			15477
		$......		15478
b.	Mother: line 18b plus or minus the difference between line 24b and 24d			15479
			$......	15480
				15481
26.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:			15482
a.	(Line 25a or 25b, whichever line corresponds to the parent who is the			15483
	obligor)	$......		15484
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			15485
	parent	$......		15486
c.	Actual annual obligation (subtract line 26b from line			15487
	26a	$......		15488

		15489
27.a.	Deviation from sole residential parent support amount shown	15490
	on line 23c if amount would be unjust or inappropriate: (see	15491
	section 3119.23 of the Revised Code.) (Specific facts and	15492
	monetary value must be stated.)	15493
		15494
		15495
		15496
		15497
b.	Deviation from shared parenting order: (see sections 3119.23	15498
	and 3119.24 of the Revised Code.) (Specific facts including	15499
	amount of time children spend with each parent, ability of	15500
	each parent to maintain adequate housing for children, and	15501
	each parent's expenses for children must be stated to justify	15502
	deviation.)	15503
		15504
		15505
		15506
		15507

		WHEN HEALTH INSURANCE IS PROVIDED	WHEN HEALTH INSURANCE IS NOT PROVIDED		15508
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)				15509
		$......	$......	Father/Mother, OBLIGOR	15510
					15511
26 29.	FOR DECREE: Child support per month (divide obligor's annual share, line 25 28, by 12) plus any processing charge				15512
		$......	$......		15513
					15514
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				15515
	from line 20b		$......		15516
					15517
31.	FOR DECREE: Cash medical support per month (divide				15518
	line 30 by 12)		$......		15519

Prepared by:		15520
Counsel: ....................	Pro se: .................	15521
(For mother/father)		15522
CSEA: .......................	Other: ..................	15523

Worksheet Has Been Reviewed and Agreed To:

15524

...........................	...........................	15525
Mother	Date	15526
...........................	...........................	15527
Father	Date	15528

Sec. 3119.023. When a court or child support enforcement	15529
agency calculates the amount of child support to be paid pursuant	15530
to a court child support order in a proceeding in which the	15531
parents have split parental rights and responsibilities with	15532
respect to the children who are the subject of the child support	15533
order, the court or child support enforcement agency shall use a	15534
worksheet that is identical in content and form to the following:	15535

CHILD SUPPORT COMPUTATION WORKSHEET

15536

SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES

15537

Name of parties ................................................

15538

Case No. .......................................................

15539

Number of minor children .......................................

15540

Number of minor children with mother .......... father .........

15541

		Column I	Column II	Column III	15542
		Father	Mother	Combined	15543
INCOME:					15544
1.a.	Annual gross income from				15545
	employment or, when				15546
	determined appropriate				15547
	by the court or agency,				15548
	average annual gross income				15549
	from employment over a				15550
	reasonable period of years.				15551
	(Exclude overtime, bonuses,				15552
	self-employment income, or				15553
	commissions)...............	$......	$......		15554
b.	Amount of overtime,				15555
	bonuses, and commissions				15556
	(year 1 representing the				15557
	most recent year)				15558

Father	Mother	15559
Yr. 3 $..........	Yr. 3 $..........	15560
(Three years ago)	(Three years ago)	15561
Yr. 2 $..........	Yr. 2 $..........	15562
(Two years ago)	(Two years ago)	15563
Yr. 1 $..........	Yr. 1 $..........	15564
(Last calendar year)	(Last calendar year)	15565
Average $..........	$............	15566

	(Include in Col. I and/or				15567
	Col. II the average of the				15568
	three years or the year 1				15569
	amount, whichever is less,				15570
	if there exists a reasonable				15571
	expectation that the total				15572
	earnings from overtime and/or				15573
	bonuses during the current				15574
	calendar year will meet or				15575
	exceed the amount that is				15576
	the lower of the average				15577
	of the three years or the				15578
	year 1 amount. If, however,				15579
	there exists a reasonable				15580
	expectation that the total				15581
	earnings from overtime/				15582
	bonuses during the current				15583
	calendar year will be less				15584
	than the lower of the average				15585
	of the 3 years or the year 1				15586
	amount, include only the				15587
	amount reasonably expected				15588
	to be earned this year.)...	$......	$......		15589
					15590
2.	For self-employment income				15591
a.	Gross receipts from				15592
	business...................	$......	$......		15593
b.	Ordinary and necessary				15594
	business expenses..........	$......	$......		15595
c.	5.6% of adjusted gross				15596
	income or the actual				15597
	marginal difference between				15598
	the actual rate paid by the				15599
	self-employed individual				15600
	and the F.I.C.A. rate .....	$......	$......		15601
d.	Adjusted gross income from				15602
	self-employment (subtract				15603
	the sum of 2b and 2c from				15604
	2a)........................	$......	$......		15605
					15606
3.	Annual income from interest				15607
	and dividends (whether or				15608
	not taxable)...............	$......	$......		15609
					15610
4.	Annual income from				15611
	unemployment compensation...	$......	$......		15612
					15613
5.	Annual income from workers'				15614
	compensation, disability				15615
	insurance benefits or social				15616
	security disability				15617
	retirement benefits........	$......	$......		15618
					15619
6.	Other annual income				15620
	(identify).................	$......	$......		15621
					15622
7.a.	Total annual gross income				15623
	(add lines 1a, 1b, 2d, and				15624
	3-6).......................	$......	$......		15625
b.	Health insurance maximum				15626
	(multiply line 7a				15627
	by 5%)	$......	$......		15628
					15629
ADJUSTMENTS TO INCOME:					15630
8.	Adjustment for minor children				15631
	born to or adopted by either				15632
	parent and another parent who				15633
	are living with this parent;				15634
	adjustment does not apply				15635
	to stepchildren (number of				15636
	children times federal income				15637
	tax exemption less child				15638
	support received, not to				15639
	exceed the federal tax				15640
	exemption).................	$......	$......		15641
					15642
9.	Annual court-ordered support				15643
	paid for other children....	$......	$......		15644
					15645
10.	Annual court-ordered spousal				15646
	support paid to any spouse				15647
	or former spouse...........	$......	$......		15648
					15649
11.	Amount of local income taxes				15650
	actually paid or estimated				15651
	to be paid.................	$......	$......		15652
					15653
12.	Mandatory work-related				15654
	deductions such as union				15655
	dues, uniform fees, etc.				15656
	(not including taxes, social				15657
	security, or retirement)...	$......	$......		15658
					15659
13.	Total gross income				15660
	adjustments (add lines				15661
	8 through 12)..............	$......	$......		15662
					15663
14.					15664
a.	Adjusted annual gross				15665
	income (subtract line 13				15666
	from 7a)....................	$......	$......		15667
b.	Cash medical support				15668
	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.)				15669
		$......	$......		15670
					15671
15.	Combined annual income that				15672
	is basis for child support				15673
	order (add line 14 14a,				15674
	Col. I and Col. II)..........			$......	15675
					15676
16.	Percentage of parent's				15677
	income to total income				15678
a.	Father (divide line 14 14a,				15679
	Col. I, by line 15, Col.				15680
	III).......................%				15681
b.	Mother (divide line 14 14a,				15682
	Col. II, by line 15, Col.				15683
	III).......................%				15684
					15685
17.	Basic combined child				15686
	support obligation (refer				15687
	to schedule, first column,				15688
	locate the amount nearest				15689
	to the amount on line 15,				15690
	Col. III, then refer to				15691
	column for number of				15692
	children with this parent.				15693
	If the income of the				15694
	parents is more than one				15695
	sum but less than another,				15696
	you may calculate the				15697
	difference)................				15698
					15699

For children	For children	15700
for whom the	for whom the	15701
mother is the	father is the	15702
residential	residential	15703
parent and	parent and	15704
legal custodian	legal custodian	15705
$............	$............	15706

				15707
18.	Annual support obligation per parent				15708
a.	Of father for children for				15709
	whom mother is the				15710
	residential parent and				15711
	legal custodian (multiply				15712
	line 17, Col. I, by line				15713
	16a).......................	$......			15714
b.	Of mother for children for				15715
	whom the father is the				15716
	residential parent and				15717
	legal custodian (multiply				15718
	line 17, Col. II, by line				15719
	16b).......................		$......		15720
					15721
19.	Annual child care expenses				15722
	for children who are the				15723
	subject of this order that				15724
	are work-, employment				15725
	training-, or education-				15726
	related, as approved by				15727
	the court or agency				15728
	(deduct tax credit from				15729
	annual cost whether or				15730
	not claimed)...............	Paid by	Paid by		15731
		father	mother		15732
		$......	$......		15733
					15734
20.					15735
a.	Marginal, out-of-pocket				15736
	costs, necessary to provide				15737
	for health insurance for				15738
	the children who are the				15739
	subject of this order				15740
	(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				15741
	order) ...............	Paid by	Paid by		15742
		father	mother		15743
		$......	$......		15744
b.	Cash medical support				15745
	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				15746
	amount is lower)..........	$......	$......		15747
					15748
21.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:				15749

	Father		Mother	15750
a.	Additions: line 16a	b.	Additions: line 16b	15751
	times sum of amounts		times sum of amounts	15752
	shown on line 19, Col. II		shown on line 19, Col. I	15753
	and line 20 20a, Col. II		and line 20 20a, Col. I	15754
	$......................		$......................	15755
c.	Subtractions: line 16b	d.	Subtractions: line 16a	15756
	times sum of amounts		times sum of amounts	15757
	shown on line 19, Col. I		shown on line 19, Col. II	15758
	and line 20 20a, Col. I		and line 20 20a, Col. II	15759
	$.......................		$.......................	15760

				15761
22.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:			15762
a.	Father: line 18a plus line			15763
	21a minus line 21c (if the			15764
	amount on line 21c is			15765
	greater than or equal to			15766
	the amount on line 21a--			15767
	enter the number on line			15768
	18a in Col. I)..............	$......		15769
b.	Any non-means-tested			15770
	benefits, including social			15771
	security and veterans'			15772
	benefits, paid to and			15773
	received by children for			15774
	whom the mother is the			15775
	residential parent and			15776
	legal custodian or a person			15777
	on behalf of those children			15778
	due to death, disability,			15779
	or retirement of the			15780
	father.....................	$......		15781
c.	Actual annual obligation of			15782
	father (subtract line 22b			15783
	from line 22a).............	$......		15784
d.	Mother: line 18b plus line			15785
	21b minus line 21d (if the			15786
	amount on line 21d is			15787
	greater than or equal to			15788
	the amount on line			15789
	21b--enter the number on			15790
	line 18b in Col. II).......		$......	15791
e.	Any non-means-tested			15792
	benefits, including social			15793
	security and veterans'			15794
	benefits, paid to and			15795
	received by children for			15796
	whom the father is the			15797
	residential parent and			15798
	legal custodian or a person			15799
	on behalf of those children			15800
	due to death, disability,			15801
	or retirement of the			15802
	mother......................		$......	15803
f.	Actual annual obligation			15804
	of mother (subtract line 22e			15805
	from line 22d)..............		$......	15806
g.	Actual annual obligation			15807
	payable (subtract lesser			15808
	actual annual obligation			15809
	from greater actual annual			15810
	obligation using amounts in			15811
	lines 22c and 22f to			15812
	determine net child support			15813
	payable)....................	$......	$......	15814
				15815
23.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:			15816

	Father		Mother	15817
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	15818
	$...............		$...............	15819
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	15820
	$...............		$...............	15821

				15822
24.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:			15823
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			15824
	Col. I)	$......		15825
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			15826
	retirement of the father	$......		15827
c.	Actual annual obligation of the father (subtract line 24b			15828
	from line 24a)	$......		15829
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)			15830
			$......	15831
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			15832
			$......	15833
f.	Actual annual obligation of the mother (subtract line 24e			15834
	from line 24d)		$......	15835
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)			15836
		$......	$......	15837
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			15838
		$......	$......	15839

		15840
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.)	15841
		15842
		15843
		15844
		15845

		WHEN HEALTH INSURANCE IS PROVIDED	WHEN HEALTH INSURANCE IS NOT PROVIDED		15846
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.)				15847
		$......	$......	Father/Mother, OBLIGOR	15848
					15849
25 27.	FOR DECREE: Child support per month (divide obligor's annual share, line 24 26, by 12) plus any processing charge				15850
		$......	$......		15851
					15852
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)				15853
			$......		15854
					15855
29.	FOR DECREE: Cash medical support per month (divide line 28 by 12)				15856
			$......		15857

Prepared by:		15858
Counsel: ....................	Pro se: .................	15859
(For mother/father)		15860
CSEA: .......................	Other: ..................	15861

Worksheet Has Been Reviewed and Agreed To:

15862

...........................	...........................	15863
Mother	Date	15864
...........................	...........................	15865
Father	Date	15866

Sec. 3119.05. When a court computes the amount of child	15867
support required to be paid under a court child support order or a	15868
child support enforcement agency computes the amount of child	15869
support to be paid pursuant to an administrative child support	15870
order, all of the following apply:	15871

(A) The parents' current and past income and personal	15872
earnings shall be verified by electronic means or with suitable	15873
documents, including, but not limited to, paystubs, employer	15874
statements, receipts and expense vouchers related to	15875
self-generated income, tax returns, and all supporting	15876
documentation and schedules for the tax returns.	15877

(B) The amount of any pre-existing child support obligation	15878
of a parent under a child support order and the amount of any	15879
court-ordered spousal support actually paid shall be deducted from	15880
the gross income of that parent to the extent that payment under	15881
the child support order or that payment of the court-ordered	15882
spousal support is verified by supporting documentation.	15883

(C) If other minor children who were born to the parent and a	15884
person other than the other parent who is involved in the	15885
immediate child support determination live with the parent, the	15886
court or agency shall deduct an amount from that parent's gross	15887
income that equals the number of such minor children times the	15888
federal income tax exemption for such children less child support	15889
received for them for the year, not exceeding the federal income	15890
tax exemption.	15891

(D) When the court or agency calculates the gross income of a	15892
parent, it shall include the lesser of the following as income	15893
from overtime and bonuses:	15894

(1) The yearly average of all overtime, commissions, and	15895
bonuses received during the three years immediately prior to the	15896
time when the person's child support obligation is being computed;	15897

(2) The total overtime, commissions, and bonuses received	15898
during the year immediately prior to the time when the person's	15899
child support obligation is being computed.	15900

(E) When the court or agency calculates the gross income of a	15901
parent, it shall not include any income earned by the spouse of	15902
that parent.	15903

(F) ~~The court shall not order an amount of child support for~~	15904
~~reasonable and ordinary uninsured medical or dental expenses in~~	15905
~~addition to the amount of the child support obligation determined~~	15906
~~in accordance with the schedule.~~ The court shall issue a separate	15907
order for extraordinary medical or dental expenses, including, but	15908
not limited to, orthodontia, psychological, appropriate private	15909
education, and other expenses, and may consider the expenses in	15910
adjusting a child support order.	15911

(G) When a court or agency calculates the amount of child	15912
support to be paid pursuant to a court child support order or an	15913
administrative child support order, if the combined gross income	15914
of both parents is an amount that is between two amounts set forth	15915
in the first column of the schedule, the court or agency may use	15916
the basic child support obligation that corresponds to the higher	15917
of the two amounts in the first column of the schedule, use the	15918
basic child support obligation that corresponds to the lower of	15919
the two amounts in the first column of the schedule, or calculate	15920
a basic child support obligation that is between those two amounts	15921
and corresponds proportionally to the parents' actual combined	15922
gross income.	15923

(H) When the court or agency calculates gross income, the	15924
court or agency, when appropriate, may average income over a	15925
reasonable period of years.	15926

(I) A court or agency shall not determine a parent receiving	15927
means-tested public assistance benefits to be voluntarily	15928
unemployed or underemployed and shall not impute income to that	15929
parent, unless not making such determination and not imputing	15930
income would be unjust, inappropriate, and not in the best	15931
interest of the child.	15932

(J) When a court or agency requires a parent to pay an amount	15933
for that parent's failure to support a child for a period of time	15934
prior to the date the court modifies or issues a court child	15935
support order or an agency modifies or issues an administrative	15936
child support order for the current support of the child, the	15937
court or agency shall calculate that amount using the basic child	15938
support schedule, worksheets, and child support laws in effect,	15939
and the incomes of the parents as they existed, for that prior	15940
period of time.	15941

Sec. 3119.27. (A) A court that issues or modifies a court	15942
support order, or an administrative agency that issues or modifies	15943
an administrative child support order, shall impose on the obligor	15944
under the support order a processing charge that is the greater of	15945
two per cent of the support payment to be collected under a	15946
support order or one dollar per month. No court or agency may call	15947
the charge a poundage fee.	15948

(B) In each child support case that is a Title IV-D case, the	15949
department of job and family services shall claim twenty-five	15950
dollars from the processing charge described in division (A) of	15951
this section for federal reporting purposes if the obligee has	15952
never received assistance under Title IV-A and the department has	15953
collected at least five hundred dollars of child support for the	15954
obligee. The director of job and family services shall adopt rules	15955
under Chapter 119. of the Revised Code to implement this division,	15956
and the department shall implement this division not later than	15957
March 31, 2008.	15958

15959

(1) "Annual" means the period as defined in regulations	15960
issued by the United States secretary of health and human services	15961
to implement the Deficit Reduction Act of 2005 (P.L. 109-171).	15962

(2) "Title IV-A" has the same meaning as in section 5107.02	15963
of the Revised Code.	15964

(3) "Title IV-D case" has the same meaning as in section	15965
3125.01 of the Revised Code.	15966

Sec. 3119.29. (A) As used in this section and sections	15967
3119.30 to 3119.56 of the Revised Code:	15968

~~(A)~~(1) "Cash medical support" means an amount ordered to be	15969
paid in a child support order toward the cost of health insurance	15970
provided by a public entity, another parent, or person with whom	15971
the child resides, through employment or otherwise, or for other	15972
medical cost not covered by insurance.	15973

(2) "Federal poverty line" has the same meaning as defined in	15974
section 5104.01 of the Revised Code.	15975

(3) "Health care" means such medical support that includes	15976
coverage under a health insurance plan, payment of costs of	15977
premiums, co-payments, and deductibles, or payment for medical	15978
expenses incurred on behalf of the child.	15979

(4) "Health insurance coverage" means accessible private	15980
health insurance that provides primary care services within thirty	15981
miles from the residence of the child subject to the child support	15982
order.	15983

(5) "Health plan administrator" means any entity authorized	15984
under Title XXXIX of the Revised Code to engage in the business of	15985
insurance in this state, any health insuring corporation, any	15986
legal entity that is self-insured and provides benefits to its	15987
employees or members, and the administrator of any such entity or	15988
corporation.	15989

~~(B)~~(6) "National medical support notice" means a form	15990
required by the "Child Support Performance and Incentive Act of	15991
1998," P.L. 105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as	15992
amended, and jointly developed and promulgated by the secretary of	15993
health and human services and the secretary of labor in federal	15994
regulations adopted under that act as modified by the department	15995
of job and family services under section 3119.291 of the Revised	15996
Code.	15997

~~(C)~~(7) "Person required to provide health insurance coverage"	15998
means the obligor, obligee, or both, required by the court under a	15999
court child support order or by the child support enforcement	16000
agency under an administrative child support order to provide	16001
health insurance coverage pursuant to section 3119.30 of the	16002
Revised Code.	16003

(8) Subject to division (B) of this section, "reasonable	16004
cost" means the contributing cost of private family health	16005
insurance to the person responsible for the health care of the	16006
children subject to the child support order that does not exceed	16007
an amount equal to five per cent of the annual gross income of	16008
that person.	16009

(9) "Title XIX" has the same meaning as defined in section	16010
5111.20 of the Revised Code.	16011

(B) If the United States secretary of health and human	16012
services issues a regulation defining "reasonable cost" or a	16013
similar term or phrase relevant to the provisions in child support	16014
orders relating to the provision of health care for children	16015
subject to the orders, and if that definition is substantively	16016
different from the meaning of "reasonable cost" as defined in	16017
division (A) of this section, "reasonable cost" as used in this	16018
section shall have the meaning as defined by the United States	16019
secretary of health and human services.	16020

Sec. 3119.30. (A) In any action or proceeding in which a	16021
child support order is issued or modified, the court, with respect	16022
to court child support orders, and the child support enforcement	16023
agency, with respect to administrative child support orders, shall	16024
determine the person or persons responsible for the health care of	16025
the children subject to the child support order and shall include	16026
provisions for the health care of the children in the child	16027
support order. The order shall specify that the obligor and	16028
obligee are both liable for the health care of the children who	16029
are not covered by private health insurance or cash medical	16030
support as calculated in accordance with section 3119.022 or	16031
3119.023 of the Revised Code, as applicable. ~~The determination~~	16032
~~shall be based~~	16033

(B) Based on information provided to the court or to the	16034
child support enforcement agency under section 3119.31 of the	16035
Revised Code~~. The~~, the order shall include one of the following:	16036

~~(A) A requirement that the obligor under the child support~~	16037
~~order obtain health insurance coverage for the children if~~	16038
~~coverage is available at a reasonable cost through a group policy,~~	16039
~~contract, or plan offered by the obligor's employer or through any~~	16040
~~other group policy, contract, or plan available to the obligor and~~	16041
~~is not available for a more reasonable cost through a group~~	16042
~~policy, contract, or plan available to the obligee;~~	16043

~~(B)~~(1) A requirement that both the obligor and the obligee	16044
obtain private health insurance coverage for the children if	16045
coverage is available for the children at a reasonable cost to	16046
both the obligor and the obligee and dual coverage would provide	16047
for coordination of medical benefits without unnecessary	16048
duplication of coverage.	16049

(2) A requirement that the obligee obtain private health	16050
insurance coverage for the children if coverage is available	16051
~~through a group policy, contract, or plan offered by the obligee's~~	16052
~~employer or~~ through any ~~other~~ group policy, contract, or plan	16053
available to the obligee and is available at a more reasonable	16054
cost than coverage is available to the obligor;	16055

~~(C)~~(3) A requirement that the obligor obtain private health	16056
insurance coverage for the children if coverage is available	16057
through any group policy, contract, or plan available to the	16058
obligor at a more reasonable cost than coverage is available to	16059
the obligee;	16060

(4) If health insurance coverage for the children is not	16061
available at a reasonable cost ~~through a group policy, contract,~~	16062
~~or plan offered by the obligor's or obligee's employer or through~~	16063
~~any~~ ~~other~~ group policy, contract, or plan available to the obligor	16064
or the obligee at the time the court or child enforcement agency	16065
issues the order, a requirement that the obligor ~~and~~or the	16066
obligee ~~share liability for the cost of the medical and health~~	16067
~~care needs of the children, under an equitable formula established~~	16068
~~by the court, with respect to a court child support order, or the~~	16069
~~child support enforcement agency, with respect to an~~	16070
~~administrative child support order, and a requirement that if,~~	16071
~~after the issuance of the order, health insurance coverage for the~~	16072
~~children becomes available at a reasonable cost~~ ~~through a group~~	16073
~~policy, contract, or plan offered by the obligor's or obligee's~~	16074
~~employer or~~ through any ~~other~~ group policy, contract, or plan	16075
available to the obligor or obligee, the obligor or obligee to	16076
whom the coverage becomes available immediately inform the court,	16077
with respect to a court child support order, or the child support	16078
enforcement agency, with respect to an administrative child	16079
support order;	16080

~~(D) A requirement that both the obligor and the obligee~~	16081
~~obtain health insurance coverage for the children if coverage is~~	16082
~~available for the children at a reasonable cost to both the~~	16083
~~obligor and the obligee and dual coverage would provide for~~	16084
~~coordination of medical benefits without unnecessary duplication~~	16085
~~of coverage~~immediately inform the court or child support	16086
enforcement agency that private health insurance coverage for the	16087
children has become available to either the obligor or obligee.	16088
The court or child support enforcement agency shall determine if	16089
the private health insurance coverage is available at a reasonable	16090
cost and if coverage is reasonable, division (B)(2) or (3) shall	16091
apply, as applicable.	16092

(C) When a child support order is issued or modified, and the	16093
obligor's gross income is one hundred fifty per cent or more of	16094
the federal poverty level for an individual, the order shall	16095
include the amount of cash medical support to be paid by the	16096
obligor that is either five per cent of the obligor's adjusted	16097
gross income or the obligor's share of the United States	16098
department of agriculture estimated annual health care expenditure	16099
per child as determined in accordance with federal law and	16100
regulation, whichever is the lower amount. The amount of cash	16101
medical support paid by the obligor shall be paid during any	16102
period after the court or child support enforcement agency issues	16103
or modifies the order in which the children are not covered by	16104
private health insurance.	16105

(D) Any cash medical support paid pursuant to division (C) of	16106
this section shall be paid by the obligor to either the obligee if	16107
the children are not Medicaid recipients, or to the office of	16108
child support to defray the cost of Medicaid expenditures if the	16109
children are Medicaid recipients. The court or child support	16110
enforcement agency shall adjust the monthly child support	16111
obligation in accordance with the terms of the support order	16112
calculated pursuant to section 3119.022 or 3119.023 of the Revised	16113
Code, as applicable.	16114

The court or child support enforcement agency shall give the	16115
obligor notice in accordance with Chapter 3121. of the Revised	16116
Code and provide the obligor an opportunity to be heard if the	16117
obligor believes there is a mistake of fact regarding the	16118
availability of private health insurance at a reasonable cost as	16119
determined under division (B) of this section.	16120

(E) The obligor shall begin payment of any cash medical	16121
support on the first day of the month immediately following the	16122
month in which private health insurance coverage is unavailable or	16123
terminates and shall cease payment on the last day of the month	16124
immediately preceding the month in which private health insurance	16125
coverage begins or resumes. During payment of cash medical	16126
support, the obligor or obligee must immediately inform the court	16127
or child support enforcement agency that health insurance coverage	16128
for the children has become available.	16129

Sec. 3119.302. (A) When the court, with respect to a court	16130
child support order, or the child support enforcement agency, with	16131
respect to an administrative child support order, determines the	16132
person or persons responsible for the health care of the children	16133
subject to the order pursuant to section 3119.30 of the Revised	16134
Code, all of the following apply:	16135

(1) The court or agency shall consider any private health	16136
insurance in which the obligor, obligee, or children, are enrolled	16137
at the time the court or agency issues the order.	16138

(2) If the contributing cost of private family health	16139
insurance to either parent exceeds five per cent of that parent's	16140
annual gross income, that parent shall not be ordered to provide	16141
private health insurance for the child except as follows:	16142

(a) When both parents agree that one, or both, of the parents	16143
obtain or maintain the private health insurance that exceeds five	16144
per cent of the annual gross income of the parent obtaining or	16145
maintaining the private health insurance;	16146

(b) When either parent requests to obtain or maintain the	16147
private health insurance that exceeds five per cent of that	16148
parent's annual gross income;	16149

(c) When the court determines that it is in the best interest	16150
of the children for a parent to obtain and maintain private health	16151
insurance that exceeds five per cent of that parent's annual gross	16152
income and the cost will not impose an undue financial burden on	16153
either parent. If the court makes such a determination, the court	16154
must include the facts and circumstances of the determination in	16155
the child support order.	16156

(3) If private health insurance is available at a reasonable	16157
cost to either parent through a group policy, contract, or plan,	16158
and the court determines that it is not in the best interest of	16159
the children to utilize the available private health insurance,	16160
the court shall state the facts and circumstances of the	16161
determination in the child support order. The court determination	16162
under this division shall not limit any obligation to provide cash	16163
medical support pursuant to section 3119.30 of the Revised Code.	16164

(4) Notwithstanding division (A)(4) of section 3119.29 of the	16165
Revised Code, the court or agency may allow private health	16166
insurance to be farther than thirty miles if residents in part or	16167
all of the immediate geographic area customarily travel farther	16168
distances or if primary care services are accessible only by	16169
public transportation. The court or agency shall include this	16170
accessibility determination in the child support order.	16171

(B) The director of job and family services shall create and	16172
annually update a table to be used to determine the amount of cash	16173
medical support to be paid pursuant to division (C) of section	16174
3119.30 of the Revised Code. The table shall incorporate potential	16175
combined gross incomes of the parties, in a manner determined by	16176
the director, and the United States department of agriculture	16177
estimated annual health care expenditure per child as determined	16178
in accordance with federal law and regulation.	16179

Sec. 3119.32. A child support order shall contain all of the	16180
following:	16181

(A) If the obligor, obligee, or both obligor and obligee, are	16182
required under section 3119.30 of the Revised Code to provide	16183
private health insurance coverage for the children, a requirement	16184
pursuant to section 3119.30 of the Revised Code that whoever is	16185
required to provide private health insurance coverage provide to	16186
the other, not later than thirty days after the issuance of the	16187
order, information regarding the benefits, limitations, and	16188
exclusions of the coverage, copies of any insurance forms	16189
necessary to receive reimbursement, payment, or other benefits	16190
under the coverage, and a copy of any necessary insurance cards;	16191

(B) A statement setting forth the name, address, and	16192
telephone number of the individual who is to be reimbursed for	16193
out-of-pocket medical, optical, hospital, dental, or prescription	16194
expenses paid for each child and a statement that the health plan	16195
administrator that provides the private health insurance coverage	16196
for the children may continue making payment for medical, optical,	16197
hospital, dental, or prescription services directly to any health	16198
care provider in accordance with the applicable private health	16199
insurance policy, contract, or plan;	16200

(C) A requirement that a person required to provide private	16201
health insurance coverage for the children designate the children	16202
as covered dependents under any private health insurance policy,	16203
contract, or plan for which the person contracts;	16204

(D) A requirement that the obligor, the obligee, or both of	16205
them under a formula established by the court, with respect to a	16206
court child support order, or the child support enforcement	16207
agency, with respect to an administrative child support order, pay	16208
co-payment or deductible costs required under the private health	16209
insurance policy, contract, or plan that covers the children;	16210

(E) A notice that the employer of the person required to	16211
obtain private health insurance coverage is required to release to	16212
the other parent, any person subject to an order issued under	16213
section 3109.19 of the Revised Code, or the child support	16214
enforcement agency on written request any necessary information on	16215
the private health insurance coverage, including the name and	16216
address of the health plan administrator and any policy, contract,	16217
or plan number, and to otherwise comply with this section and any	16218
order or notice issued under this section;	16219

(F) A statement setting forth the full name and date of birth	16220
of each child who is the subject of the child support order;	16221

(G) A requirement that the obligor and the obligee comply	16222
with any requirement described in section 3119.30 of the Revised	16223
Code and divisions (A) and (C) of this section that is contained	16224
in an order issued in compliance with this section no later than	16225
thirty days after the issuance of the order;	16226

(H) A notice that states the following: "If the person	16227
required to obtain private health care insurance coverage for the	16228
children subject to this child support order obtains new	16229
employment, the agency shall comply with the requirements of	16230
section 3119.34 of the Revised Code, which may result in the	16231
issuance of a notice requiring the new employer to take whatever	16232
action is necessary to enroll the children in private health care	16233
insurance coverage provided by the new employer."	16234

(I) A statement that, upon receipt of notice by the court or	16235
child support enforcement agency that private health insurance	16236
coverage is not available at a reasonable cost, cash medical	16237
support shall be paid in the amount as determined by the child	16238
support computation worksheets in section 3119.022 or 3119.023 of	16239
the Revised Code, as applicable. The court or child support	16240
enforcement agency may change the financial obligations of the	16241
parties to pay child support and cash medical support without a	16242
hearing or additional notice to the parties.	16243

Sec. 3123.23. (A) The director of job and family services	16244
shall adopt rules under Chapter 119. of the Revised Code to	16245
implement a program to collect arrearages owed under child support	16246
orders from insurance claims, settlements, awards, and payments	16247
based on information obtained pursuant to Title IV-D of the Social	16248
Security Act, 42 U.S.C. 652.	16249

(B) Any insurer and any director, agent, or employee	16250
authorized to act on behalf of an insurer, that releases	16251
information or makes a disclosure in accordance with rules adopted	16252
pursuant to this section shall be immune from liability in a civil	16253
action for harm resulting from the disclosure.	16254

(C) As used in this section, "insurer" has the same meaning	16255
as in section 3901.32 of the Revised Code.	16256

Sec. 3125.12. Each child support enforcement agency shall	16257
enter into a plan of cooperation with the board of county	16258
commissioners under section 307.983 of the Revised Code and comply	16259
with each ~~fiscal~~grant agreement the board enters into under	16260
~~section~~sections 307.98 and 5101.21 and contracts the board enters	16261
into under sections 307.981 and 307.982 of the Revised Code that	16262
affect the agency.	16263

Sec. 3301.011. As used in Title XXXIII of the Revised Code,	16264
"total student count" for any school district means the average	16265
number of students enrolled during the first full school week of	16266
October in a school district in grades kindergarten through	16267
twelve, including students with dual enrollment in a joint	16268
vocational or cooperative education district that week, and the	16269
total number of students enrolled in ~~preschool handicapped~~ units	16270
for preschool children with disabilities on the first day of	16271
December in the district.	16272

Sec. 3301.07. The state board of education shall exercise	16273
under the acts of the general assembly general supervision of the	16274
system of public education in the state. In addition to the powers	16275
otherwise imposed on the state board under the provisions of law,	16276
the board shall have the following powers:	16277

(A) Exercise policy forming, planning, and evaluative	16278
functions for the public schools of the state, and for adult	16279
education, except as otherwise provided by law;	16280

(B) Exercise leadership in the improvement of public	16281
education in this state, and administer the educational policies	16282
of this state relating to public schools, and relating to	16283
instruction and instructional material, building and equipment,	16284
transportation of pupils, administrative responsibilities of	16285
school officials and personnel, and finance and organization of	16286
school districts, educational service centers, and territory.	16287
Consultative and advisory services in such matters shall be	16288
provided by the board to school districts and educational service	16289
centers of this state. The board also shall develop a standard of	16290
financial reporting which shall be used by all school districts	16291
and educational service centers to make their financial	16292
information available to the public in a format understandable by	16293
the average citizen and provide year-to-year comparisons for at	16294
least five years. The format shall show, among other things,	16295
district and educational service center revenue by source;	16296
expenditures for salaries, wages, and benefits of employees,	16297
showing such amounts separately for classroom teachers, other	16298
employees required to hold licenses issued pursuant to sections	16299
3319.22 to 3319.31 of the Revised Code, and all other employees;	16300
expenditures other than for personnel, by category, including	16301
utilities, textbooks and other educational materials, equipment,	16302
permanent improvements, pupil transportation, extracurricular	16303
athletics, and other extracurricular activities; and per pupil	16304
expenditures.	16305

(C) Administer and supervise the allocation and distribution	16306
of all state and federal funds for public school education under	16307
the provisions of law, and may prescribe such systems of	16308
accounting as are necessary and proper to this function. It may	16309
require county auditors and treasurers, boards of education,	16310
educational service center governing boards, treasurers of such	16311
boards, teachers, and other school officers and employees, or	16312
other public officers or employees, to file with it such reports	16313
as it may prescribe relating to such funds, or to the management	16314
and condition of such funds.	16315

(D) Formulate and prescribe minimum standards to be applied	16316
to all elementary and secondary schools in this state for the	16317
purpose of requiring a general education of high quality. Such	16318
standards shall provide adequately for: the licensing of teachers,	16319
administrators, and other professional personnel and their	16320
assignment according to training and qualifications; efficient and	16321
effective instructional materials and equipment, including library	16322
facilities; the proper organization, administration, and	16323
supervision of each school, including regulations for preparing	16324
all necessary records and reports and the preparation of a	16325
statement of policies and objectives for each school; buildings,	16326
grounds, health and sanitary facilities and services; admission of	16327
pupils, and such requirements for their promotion from grade to	16328
grade as will assure that they are capable and prepared for the	16329
level of study to which they are certified; requirements for	16330
graduation; and such other factors as the board finds necessary.	16331

In the formulation and administration of such standards for	16332
nonpublic schools the board shall also consider the particular	16333
needs, methods and objectives of those schools, provided they do	16334
not conflict with the provision of a general education of a high	16335
quality and provided that regular procedures shall be followed for	16336
promotion from grade to grade of pupils who have met the	16337
educational requirements prescribed.	16338

(E) May require as part of the health curriculum information	16339
developed under section 2108.15 of the Revised Code promoting the	16340
donation of anatomical gifts pursuant to Chapter 2108. of the	16341
Revised Code and may provide the information to high schools,	16342
educational service centers, and joint vocational school district	16343
boards of education;	16344

(F) Prepare and submit annually to the governor and the	16345
general assembly a report on the status, needs, and major problems	16346
of the public schools of the state, with recommendations for	16347
necessary legislative action and a ten-year projection of the	16348
state's public and nonpublic school enrollment, by year and by	16349
grade level;	16350

(G) Prepare and submit to the director of budget and	16351
management the biennial budgetary requests of the state board of	16352
education, for its agencies and for the public schools of the	16353
state;	16354

(H) Cooperate with federal, state, and local agencies	16355
concerned with the health and welfare of children and youth of the	16356
state;	16357

(I) Require such reports from school districts and	16358
educational service centers, school officers, and employees as are	16359
necessary and desirable. The superintendents and treasurers of	16360
school districts and educational service centers shall certify as	16361
to the accuracy of all reports required by law or state board or	16362
state department of education rules to be submitted by the	16363
district or educational service center and which contain	16364
information necessary for calculation of state funding. Any	16365
superintendent who knowingly falsifies such report shall be	16366
subject to license revocation pursuant to section 3319.31 of the	16367
Revised Code.	16368

(J) In accordance with Chapter 119. of the Revised Code,	16369
adopt procedures, standards, and guidelines for the education of	16370
~~handicapped~~ children with disabilities pursuant to Chapter 3323.	16371
of the Revised Code, including procedures, standards, and	16372
guidelines governing programs and services operated by county	16373
boards of mental retardation and developmental disabilities	16374
pursuant to section 3323.09 of the Revised Code;	16375

(K) For the purpose of encouraging the development of special	16376
programs of education for academically gifted children, employ	16377
competent persons to analyze and publish data, promote research,	16378
advise and counsel with boards of education, and encourage the	16379
training of teachers in the special instruction of gifted	16380
children. The board may provide financial assistance out of any	16381
funds appropriated for this purpose to boards of education and	16382
educational service center governing boards for developing and	16383
conducting programs of education for academically gifted children.	16384

(L) Require that all public schools emphasize and encourage,	16385
within existing units of study, the teaching of energy and	16386
resource conservation as recommended to each district board of	16387
education by leading business persons involved in energy	16388
production and conservation, beginning in the primary grades;	16389

(M) Formulate and prescribe minimum standards requiring the	16390
use of phonics as a technique in the teaching of reading in grades	16391
kindergarten through three. In addition, the state board shall	16392
provide in-service training programs for teachers on the use of	16393
phonics as a technique in the teaching of reading in grades	16394
kindergarten through three.	16395

(N) Develop and modify as necessary a state plan for	16396
technology to encourage and promote the use of technological	16397
advancements in educational settings.	16398

The board may adopt rules necessary for carrying out any	16399
function imposed on it by law, and may provide rules as are	16400
necessary for its government and the government of its employees,	16401
and may delegate to the superintendent of public instruction the	16402
management and administration of any function imposed on it by	16403
law. It may provide for the appointment of board members to serve	16404
on temporary committees established by the board for such purposes	16405
as are necessary. Permanent or standing committees shall not be	16406
created.	16407

Sec. 3301.0711. (A) The department of education shall:

16408

(1) Annually furnish to, grade, and score all tests required	16409
by section 3301.0710 of the Revised Code to be administered by	16410
city, local, exempted village, and joint vocational school	16411
districts, except that each district shall score any test	16412
administered pursuant to division (B)(10) of this section. Each	16413
test so furnished shall include the data verification code of the	16414
student to whom the test will be administered, as assigned	16415
pursuant to division (D)(2) of section 3301.0714 of the Revised	16416
Code. In furnishing the practice versions of Ohio graduation tests	16417
prescribed by division (F) of section 3301.0710 of the Revised	16418
Code, the department shall make the tests available on its web	16419
site for reproduction by districts. In awarding contracts for	16420
grading tests, the department shall give preference to Ohio-based	16421
entities employing Ohio residents.	16422

(2) Adopt rules for the ethical use of tests and prescribing	16423
the manner in which the tests prescribed by section 3301.0710 of	16424
the Revised Code shall be administered to students.	16425

(B) Except as provided in divisions (C) and (J) of this	16426
section, the board of education of each city, local, and exempted	16427
village school district shall, in accordance with rules adopted	16428
under division (A) of this section:	16429

(1) Administer the reading test prescribed under division	16430
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	16431
to all students in the third grade who have not attained the score	16432
designated for that test under division (A)(2)(c) of section	16433
3301.0710 of the Revised Code.	16434

(2) Administer the mathematics test prescribed under division	16435
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	16436
annually to all students in the third grade.	16437

(3) Administer the tests prescribed under division (A)(1)(b)	16438
of section 3301.0710 of the Revised Code at least once annually to	16439
all students in the fourth grade.	16440

(4) Administer the tests prescribed under division (A)(1)(c)	16441
of section 3301.0710 of the Revised Code at least once annually to	16442
all students in the fifth grade.	16443

(5) Administer the tests prescribed under division (A)(1)(d)	16444
of section 3301.0710 of the Revised Code at least once annually to	16445
all students in the sixth grade.	16446

(6) Administer the tests prescribed under division (A)(1)(e)	16447
of section 3301.0710 of the Revised Code at least once annually to	16448
all students in the seventh grade.	16449

(7) Administer the tests prescribed under division (A)(1)(f)	16450
of section 3301.0710 of the Revised Code at least once annually to	16451
all students in the eighth grade.	16452

(8) Except as provided in division (B)(9) of this section,	16453
administer any test prescribed under division (B) of section	16454
3301.0710 of the Revised Code as follows:	16455

(a) At least once annually to all tenth grade students and at	16456
least twice annually to all students in eleventh or twelfth grade	16457
who have not yet attained the score on that test designated under	16458
that division;	16459

(b) To any person who has successfully completed the	16460
curriculum in any high school or the individualized education	16461
program developed for the person by any high school pursuant to	16462
section 3323.08 of the Revised Code but has not received a high	16463
school diploma and who requests to take such test, at any time	16464
such test is administered in the district.	16465

(9) In lieu of the board of education of any city, local, or	16466
exempted village school district in which the student is also	16467
enrolled, the board of a joint vocational school district shall	16468
administer any test prescribed under division (B) of section	16469
3301.0710 of the Revised Code at least twice annually to any	16470
student enrolled in the joint vocational school district who has	16471
not yet attained the score on that test designated under that	16472
division. A board of a joint vocational school district may also	16473
administer such a test to any student described in division	16474
(B)(8)(b) of this section.	16475

(10) If the district has been declared to be under an	16476
academic watch or in a state of academic emergency pursuant to	16477
section 3302.03 of the Revised Code or has a three-year average	16478
graduation rate of not more than seventy-five per cent, administer	16479
each test prescribed by division (F) of section 3301.0710 of the	16480
Revised Code in September to all ninth grade students, beginning	16481
in the school year that starts July 1, 2005.	16482

(C)(1)(a) Any student receiving special education services	16483
under Chapter 3323. of the Revised Code may be excused from taking	16484
any particular test required to be administered under this section	16485
if the individualized education program developed for the student	16486
pursuant to section 3323.08 of the Revised Code excuses the	16487
student from taking that test and instead specifies an alternate	16488
assessment method approved by the department of education as	16489
conforming to requirements of federal law for receipt of federal	16490
funds for disadvantaged pupils. To the extent possible, the	16491
individualized education program shall not excuse the student from	16492
taking a test unless no reasonable accommodation can be made to	16493
enable the student to take the test.	16494

(b) Any alternate assessment approved by the department for a	16495
student under this division shall produce measurable results	16496
comparable to those produced by the tests which the alternate	16497
assessments are replacing in order to allow for the student's	16498
assessment results to be included in the data compiled for a	16499
school district or building under section 3302.03 of the Revised	16500
Code.	16501

(c) Any student enrolled in a chartered nonpublic school who	16502
has been identified, based on an evaluation conducted in	16503
accordance with section 3323.03 of the Revised Code or section 504	16504
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	16505
794, as amended, as a child with a disability shall be excused	16506
from taking any particular test required to be administered under	16507
this section if a plan developed for the student pursuant to rules	16508
adopted by the state board excuses the student from taking that	16509
test. In the case of any student so excused from taking a test,	16510
the chartered nonpublic school shall not prohibit the student from	16511
taking the test.	16512

(2) A district board may, for medical reasons or other good	16513
cause, excuse a student from taking a test administered under this	16514
section on the date scheduled, but any such test shall be	16515
administered to such excused student not later than nine days	16516
following the scheduled date. The board shall annually report the	16517
number of students who have not taken one or more of the tests	16518
required by this section to the state board of education not later	16519
than the thirtieth day of June.	16520

(3) As used in this division, "limited English proficient	16521
student" has the same meaning as in 20 U.S.C. 7801.	16522

No school district board shall excuse any limited English	16523
proficient student from taking any particular test required to be	16524
administered under this section, except that any limited English	16525
proficient student who has been enrolled in United States schools	16526
for less than one full school year shall not be required to take	16527
any such reading or writing test. However, no board shall prohibit	16528
a limited English proficient student who is not required to take a	16529
test under this division from taking the test. A board may permit	16530
any limited English proficient student to take any test required	16531
to be administered under this section with appropriate	16532
accommodations, as determined by the department. For each limited	16533
English proficient student, each school district shall annually	16534
assess that student's progress in learning English, in accordance	16535
with procedures approved by the department.	16536

The governing authority of a chartered nonpublic school may	16537
excuse a limited English proficient student from taking any test	16538
administered under this section. However, no governing authority	16539
shall prohibit a limited English proficient student from taking	16540
the test.	16541

(D)(1) In the school year next succeeding the school year in	16542
which the tests prescribed by division (A)(1) or (B) of section	16543
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	16544
or (B) of section 3301.0710 of the Revised Code as it existed	16545
prior to September 11, 2001, are administered to any student, the	16546
board of education of any school district in which the student is	16547
enrolled in that year shall provide to the student intervention	16548
services commensurate with the student's test performance,	16549
including any intensive intervention required under section	16550
3313.608 of the Revised Code, in any skill in which the student	16551
failed to demonstrate at least a score at the proficient level on	16552
the test.	16553

(2) Following any administration of the tests prescribed by	16554
division (F) of section 3301.0710 of the Revised Code to ninth	16555
grade students, each school district that has a three-year average	16556
graduation rate of not more than seventy-five per cent shall	16557
determine for each high school in the district whether the school	16558
shall be required to provide intervention services to any students	16559
who took the tests. In determining which high schools shall	16560
provide intervention services based on the resources available,	16561
the district shall consider each school's graduation rate and	16562
scores on the practice tests. The district also shall consider the	16563
scores received by ninth grade students on the reading and	16564
mathematics tests prescribed under division (A)(1)(f) of section	16565
3301.0710 of the Revised Code in the eighth grade in determining	16566
which high schools shall provide intervention services.	16567

Each high school selected to provide intervention services	16568
under this division shall provide intervention services to any	16569
student whose test results indicate that the student is failing to	16570
make satisfactory progress toward being able to attain scores at	16571
the proficient level on the Ohio graduation tests. Intervention	16572
services shall be provided in any skill in which a student	16573
demonstrates unsatisfactory progress and shall be commensurate	16574
with the student's test performance. Schools shall provide the	16575
intervention services prior to the end of the school year, during	16576
the summer following the ninth grade, in the next succeeding	16577
school year, or at any combination of those times.	16578

(E) Except as provided in section 3313.608 of the Revised	16579
Code and division (M) of this section, no school district board of	16580
education shall utilize any student's failure to attain a	16581
specified score on any test administered under this section as a	16582
factor in any decision to deny the student promotion to a higher	16583
grade level. However, a district board may choose not to promote	16584
to the next grade level any student who does not take any test	16585
administered under this section or make up such test as provided	16586
by division (C)(2) of this section and who is not exempt from the	16587
requirement to take the test under division (C)(3) of this	16588
section.	16589

(F) No person shall be charged a fee for taking any test	16590
administered under this section.	16591

(G)(1) Each school district board shall ~~submit~~designate one	16592
location for the collection of tests administered in the spring	16593
under division (B)(1) of this section and the tests administered	16594
under divisions (B)(2) to (7) of this section. Each district board	16595
shall submit the tests to the entity with which the department	16596
contracts for the scoring of the tests as follows:	16597

(a) If the district's total enrollment in grades kindergarten	16598
through twelve during the first full school week of October was	16599
less than two thousand five hundred, not later than the Friday	16600
after the tests are administered~~, except that~~;	16601

(b) If the district's total enrollment in grades kindergarten	16602
through twelve during the first full school week of October was	16603
two thousand five hundred or more, but less than seven thousand,	16604
not later than the Monday after the tests are administered;	16605

(c) If the district's total enrollment in grades kindergarten	16606
through twelve during the first full school week of October was	16607
seven thousand or more, not later than the Tuesday after the tests	16608
are administered.	16609

However, any such test that a student takes during the	16610
make-up period described in division (C)(2) of this section shall	16611
be submitted not later than the Friday following the day the	16612
student takes the test.	16613

(2) The department or an entity with which the department	16614
contracts for the scoring of the test shall send to each school	16615
district board a list of the individual test scores of all persons	16616
taking any test prescribed by division (A)(1) or (B) of section	16617
3301.0710 of the Revised Code within sixty days after its	16618
administration, but in no case shall the scores be returned later	16619
than the fifteenth day of June following the administration. For	16620
any tests administered under this section by a joint vocational	16621
school district, the department or entity shall also send to each	16622
city, local, or exempted village school district a list of the	16623
individual test scores of any students of such city, local, or	16624
exempted village school district who are attending school in the	16625
joint vocational school district.	16626

(H) Individual test scores on any tests administered under	16627
this section shall be released by a district board only in	16628
accordance with section 3319.321 of the Revised Code and the rules	16629
adopted under division (A) of this section. No district board or	16630
its employees shall utilize individual or aggregate test results	16631
in any manner that conflicts with rules for the ethical use of	16632
tests adopted pursuant to division (A) of this section.	16633

(I) Except as provided in division (G) of this section, the	16634
department or an entity with which the department contracts for	16635
the scoring of the test shall not release any individual test	16636
scores on any test administered under this section. The state	16637
board of education shall adopt rules to ensure the protection of	16638
student confidentiality at all times. The rules may require the	16639
use of the data verification codes assigned to students pursuant	16640
to division (D)(2) of section 3301.0714 of the Revised Code to	16641
protect the confidentiality of student test scores.	16642

(J) Notwithstanding division (D) of section 3311.52 of the	16643
Revised Code, this section does not apply to the board of	16644
education of any cooperative education school district except as	16645
provided under rules adopted pursuant to this division.	16646

(1) In accordance with rules that the state board of	16647
education shall adopt, the board of education of any city,	16648
exempted village, or local school district with territory in a	16649
cooperative education school district established pursuant to	16650
divisions (A) to (C) of section 3311.52 of the Revised Code may	16651
enter into an agreement with the board of education of the	16652
cooperative education school district for administering any test	16653
prescribed under this section to students of the city, exempted	16654
village, or local school district who are attending school in the	16655
cooperative education school district.	16656

(2) In accordance with rules that the state board of	16657
education shall adopt, the board of education of any city,	16658
exempted village, or local school district with territory in a	16659
cooperative education school district established pursuant to	16660
section 3311.521 of the Revised Code shall enter into an agreement	16661
with the cooperative district that provides for the administration	16662
of any test prescribed under this section to both of the	16663
following:	16664

(a) Students who are attending school in the cooperative	16665
district and who, if the cooperative district were not	16666
established, would be entitled to attend school in the city,	16667
local, or exempted village school district pursuant to section	16668
3313.64 or 3313.65 of the Revised Code;	16669

(b) Persons described in division (B)(8)(b) of this section.

16670

Any testing of students pursuant to such an agreement shall	16671
be in lieu of any testing of such students or persons pursuant to	16672
this section.	16673

(K)(1) Any chartered nonpublic school may participate in the	16674
testing program by administering any of the tests prescribed by	16675
section 3301.0710 or 3301.0712 of the Revised Code if the chief	16676
administrator of the school specifies which tests the school	16677
wishes to administer. Such specification shall be made in writing	16678
to the superintendent of public instruction prior to the first day	16679
of August of any school year in which tests are administered and	16680
shall include a pledge that the nonpublic school will administer	16681
the specified tests in the same manner as public schools are	16682
required to do under this section and rules adopted by the	16683
department.	16684

(2) The department of education shall furnish the tests	16685
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	16686
to any chartered nonpublic school electing to participate under	16687
this division.	16688

(L)(1) The superintendent of the state school for the blind	16689
and the superintendent of the state school for the deaf shall	16690
administer the tests described by section 3301.0710 of the Revised	16691
Code. Each superintendent shall administer the tests in the same	16692
manner as district boards are required to do under this section	16693
and rules adopted by the department of education and in conformity	16694
with division (C)(1)(a) of this section.	16695

(2) The department of education shall furnish the tests	16696
described by section 3301.0710 of the Revised Code to each	16697
superintendent.	16698

(M) Notwithstanding division (E) of this section, a school	16699
district may use a student's failure to attain a score in at least	16700
the basic range on the mathematics test described by division	16701
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	16702
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	16703
of section 3301.0710 of the Revised Code as a factor in retaining	16704
that student in the current grade level.	16705

(N)(1) In the manner specified in divisions (N)(3) to (5) of	16706
this section, the tests required by section 3301.0710 of the	16707
Revised Code shall become public records pursuant to section	16708
149.43 of the Revised Code on the first day of July following the	16709
school year that the test was administered.	16710

(2) The department may field test proposed test questions	16711
with samples of students to determine the validity, reliability,	16712
or appropriateness of test questions for possible inclusion in a	16713
future year's test. The department also may use anchor questions	16714
on tests to ensure that different versions of the same test are of	16715
comparable difficulty.	16716

Field test questions and anchor questions shall not be	16717
considered in computing test scores for individual students. Field	16718
test questions and anchor questions may be included as part of the	16719
administration of any test required by section 3301.0710 of the	16720
Revised Code.	16721

(3) Any field test question or anchor question administered	16722
under division (N)(2) of this section shall not be a public	16723
record. Such field test questions and anchor questions shall be	16724
redacted from any tests which are released as a public record	16725
pursuant to division (N)(1) of this section.	16726

(4) This division applies to the tests prescribed by division	16727
(A) of section 3301.0710 of the Revised Code.	16728

(a) The first administration of each test, as specified in	16729
section 3301.0712 of the Revised Code, shall be a public record.	16730

(b) For subsequent administrations of each test, not less	16731
than forty per cent of the questions on the test that are used to	16732
compute a student's score shall be a public record. The department	16733
shall determine which questions will be needed for reuse on a	16734
future test and those questions shall not be public records and	16735
shall be redacted from the test prior to its release as a public	16736
record. However, for each redacted question, the department shall	16737
inform each city, local, and exempted village school district of	16738
the statewide academic standard adopted by the state board of	16739
education under section 3301.079 of the Revised Code and the	16740
corresponding benchmark to which the question relates. The	16741
preceding sentence does not apply to field test questions that are	16742
redacted under division (N)(3) of this section.	16743

(5) Each test prescribed by division (B) of section 3301.0710	16744
of the Revised Code that is administered in the spring shall be a	16745
public record. Each test prescribed by that division that is	16746
administered in the fall or summer shall not be a public record.	16747

(O) As used in this section:

16748

(1) "Three-year average" means the average of the most recent	16749
consecutive three school years of data.	16750

(2) "Dropout" means a student who withdraws from school	16751
before completing course requirements for graduation and who is	16752
not enrolled in an education program approved by the state board	16753
of education or an education program outside the state. "Dropout"	16754
does not include a student who has departed the country.	16755

(3) "Graduation rate" means the ratio of students receiving a	16756
diploma to the number of students who entered ninth grade four	16757
years earlier. Students who transfer into the district are added	16758
to the calculation. Students who transfer out of the district for	16759
reasons other than dropout are subtracted from the calculation. If	16760
a student who was a dropout in any previous year returns to the	16761
same school district, that student shall be entered into the	16762
calculation as if the student had entered ninth grade four years	16763
before the graduation year of the graduating class that the	16764
student joins.	16765

Sec. 3301.0714. (A) The state board of education shall adopt	16766
rules for a statewide education management information system. The	16767
rules shall require the state board to establish guidelines for	16768
the establishment and maintenance of the system in accordance with	16769
this section and the rules adopted under this section. The	16770
guidelines shall include:	16771

(1) Standards identifying and defining the types of data in	16772
the system in accordance with divisions (B) and (C) of this	16773
section;	16774

(2) Procedures for annually collecting and reporting the data	16775
to the state board in accordance with division (D) of this	16776
section;	16777

(3) Procedures for annually compiling the data in accordance	16778
with division (G) of this section;	16779

(4) Procedures for annually reporting the data to the public	16780
in accordance with division (H) of this section.	16781

(B) The guidelines adopted under this section shall require	16782
the data maintained in the education management information system	16783
to include at least the following:	16784

(1) Student participation and performance data, for each	16785
grade in each school district as a whole and for each grade in	16786
each school building in each school district, that includes:	16787

(a) The numbers of students receiving each category of	16788
instructional service offered by the school district, such as	16789
regular education instruction, vocational education instruction,	16790
specialized instruction programs or enrichment instruction that is	16791
part of the educational curriculum, instruction for gifted	16792
students, instruction for ~~handicapped~~ students with disabilities,	16793
and remedial instruction. The guidelines shall require	16794
instructional services under this division to be divided into	16795
discrete categories if an instructional service is limited to a	16796
specific subject, a specific type of student, or both, such as	16797
regular instructional services in mathematics, remedial reading	16798
instructional services, instructional services specifically for	16799
students gifted in mathematics or some other subject area, or	16800
instructional services for students with a specific type of	16801
~~handicap~~disability. The categories of instructional services	16802
required by the guidelines under this division shall be the same	16803
as the categories of instructional services used in determining	16804
cost units pursuant to division (C)(3) of this section.	16805

(b) The numbers of students receiving support or	16806
extracurricular services for each of the support services or	16807
extracurricular programs offered by the school district, such as	16808
counseling services, health services, and extracurricular sports	16809
and fine arts programs. The categories of services required by the	16810
guidelines under this division shall be the same as the categories	16811
of services used in determining cost units pursuant to division	16812
(C)(4)(a) of this section.	16813

(c) Average student grades in each subject in grades nine	16814
through twelve;	16815

(d) Academic achievement levels as assessed by the testing of	16816
student achievement under sections 3301.0710 and 3301.0711 of the	16817
Revised Code;	16818

(e) The number of students designated as having a	16819
~~handicapping~~disabling condition pursuant to division (C)(1) of	16820
section 3301.0711 of the Revised Code;	16821

(f) The numbers of students reported to the state board	16822
pursuant to division (C)(2) of section 3301.0711 of the Revised	16823
Code;	16824

(g) Attendance rates and the average daily attendance for the	16825
year. For purposes of this division, a student shall be counted as	16826
present for any field trip that is approved by the school	16827
administration.	16828

(h) Expulsion rates;

16829

(i) Suspension rates;

16830

(j) The percentage of students receiving corporal punishment;

16831

(k) Dropout rates;

16832

(l) Rates of retention in grade;

16833

(m) For pupils in grades nine through twelve, the average	16834
number of carnegie units, as calculated in accordance with state	16835
board of education rules;	16836

(n) Graduation rates, to be calculated in a manner specified	16837
by the department of education that reflects the rate at which	16838
students who were in the ninth grade three years prior to the	16839
current year complete school and that is consistent with	16840
nationally accepted reporting requirements;	16841

(o) Results of diagnostic assessments administered to	16842
kindergarten students as required under section 3301.0715 of the	16843
Revised Code to permit a comparison of the academic readiness of	16844
kindergarten students. However, no district shall be required to	16845
report to the department the results of any diagnostic assessment	16846
administered to a kindergarten student if the parent of that	16847
student requests the district not to report those results.	16848

(2) Personnel and classroom enrollment data for each school	16849
district, including:	16850

(a) The total numbers of licensed employees and nonlicensed	16851
employees and the numbers of full-time equivalent licensed	16852
employees and nonlicensed employees providing each category of	16853
instructional service, instructional support service, and	16854
administrative support service used pursuant to division (C)(3) of	16855
this section. The guidelines adopted under this section shall	16856
require these categories of data to be maintained for the school	16857
district as a whole and, wherever applicable, for each grade in	16858
the school district as a whole, for each school building as a	16859
whole, and for each grade in each school building.	16860

(b) The total number of employees and the number of full-time	16861
equivalent employees providing each category of service used	16862
pursuant to divisions (C)(4)(a) and (b) of this section, and the	16863
total numbers of licensed employees and nonlicensed employees and	16864
the numbers of full-time equivalent licensed employees and	16865
nonlicensed employees providing each category used pursuant to	16866
division (C)(4)(c) of this section. The guidelines adopted under	16867
this section shall require these categories of data to be	16868
maintained for the school district as a whole and, wherever	16869
applicable, for each grade in the school district as a whole, for	16870
each school building as a whole, and for each grade in each school	16871
building.	16872

(c) The total number of regular classroom teachers teaching	16873
classes of regular education and the average number of pupils	16874
enrolled in each such class, in each of grades kindergarten	16875
through five in the district as a whole and in each school	16876
building in the school district.	16877

(d) The number of master teachers employed by each school	16878
district and each school building, once a definition of master	16879
teacher has been developed by the educator standards board	16880
pursuant to section 3319.61 of the Revised Code.	16881

(3)(a) Student demographic data for each school district,	16882
including information regarding the gender ratio of the school	16883
district's pupils, the racial make-up of the school district's	16884
pupils, the number of limited English proficient students in the	16885
district, and an appropriate measure of the number of the school	16886
district's pupils who reside in economically disadvantaged	16887
households. The demographic data shall be collected in a manner to	16888
allow correlation with data collected under division (B)(1) of	16889
this section. Categories for data collected pursuant to division	16890
(B)(3) of this section shall conform, where appropriate, to	16891
standard practices of agencies of the federal government.	16892

(b) With respect to each student entering kindergarten,	16893
whether the student previously participated in a public preschool	16894
program, a private preschool program, or a head start program, and	16895
the number of years the student participated in each of these	16896
programs.	16897

(4) Any data required to be collected pursuant to federal	16898
law.	16899

(C) The education management information system shall include	16900
cost accounting data for each district as a whole and for each	16901
school building in each school district. The guidelines adopted	16902
under this section shall require the cost data for each school	16903
district to be maintained in a system of mutually exclusive cost	16904
units and shall require all of the costs of each school district	16905
to be divided among the cost units. The guidelines shall require	16906
the system of mutually exclusive cost units to include at least	16907
the following:	16908

(1) Administrative costs for the school district as a whole.	16909
The guidelines shall require the cost units under this division	16910
(C)(1) to be designed so that each of them may be compiled and	16911
reported in terms of average expenditure per pupil in formula ADM	16912
in the school district, as determined pursuant to section 3317.03	16913
of the Revised Code.	16914

(2) Administrative costs for each school building in the	16915
school district. The guidelines shall require the cost units under	16916
this division (C)(2) to be designed so that each of them may be	16917
compiled and reported in terms of average expenditure per	16918
full-time equivalent pupil receiving instructional or support	16919
services in each building.	16920

(3) Instructional services costs for each category of	16921
instructional service provided directly to students and required	16922
by guidelines adopted pursuant to division (B)(1)(a) of this	16923
section. The guidelines shall require the cost units under	16924
division (C)(3) of this section to be designed so that each of	16925
them may be compiled and reported in terms of average expenditure	16926
per pupil receiving the service in the school district as a whole	16927
and average expenditure per pupil receiving the service in each	16928
building in the school district and in terms of a total cost for	16929
each category of service and, as a breakdown of the total cost, a	16930
cost for each of the following components:	16931

(a) The cost of each instructional services category required	16932
by guidelines adopted under division (B)(1)(a) of this section	16933
that is provided directly to students by a classroom teacher;	16934

(b) The cost of the instructional support services, such as	16935
services provided by a speech-language pathologist, classroom	16936
aide, multimedia aide, or librarian, provided directly to students	16937
in conjunction with each instructional services category;	16938

(c) The cost of the administrative support services related	16939
to each instructional services category, such as the cost of	16940
personnel that develop the curriculum for the instructional	16941
services category and the cost of personnel supervising or	16942
coordinating the delivery of the instructional services category.	16943

(4) Support or extracurricular services costs for each	16944
category of service directly provided to students and required by	16945
guidelines adopted pursuant to division (B)(1)(b) of this section.	16946
The guidelines shall require the cost units under division (C)(4)	16947
of this section to be designed so that each of them may be	16948
compiled and reported in terms of average expenditure per pupil	16949
receiving the service in the school district as a whole and	16950
average expenditure per pupil receiving the service in each	16951
building in the school district and in terms of a total cost for	16952
each category of service and, as a breakdown of the total cost, a	16953
cost for each of the following components:	16954

(a) The cost of each support or extracurricular services	16955
category required by guidelines adopted under division (B)(1)(b)	16956
of this section that is provided directly to students by a	16957
licensed employee, such as services provided by a guidance	16958
counselor or any services provided by a licensed employee under a	16959
supplemental contract;	16960

(b) The cost of each such services category provided directly	16961
to students by a nonlicensed employee, such as janitorial	16962
services, cafeteria services, or services of a sports trainer;	16963

(c) The cost of the administrative services related to each	16964
services category in division (C)(4)(a) or (b) of this section,	16965
such as the cost of any licensed or nonlicensed employees that	16966
develop, supervise, coordinate, or otherwise are involved in	16967
administering or aiding the delivery of each services category.	16968

(D)(1) The guidelines adopted under this section shall	16969
require school districts to collect information about individual	16970
students, staff members, or both in connection with any data	16971
required by division (B) or (C) of this section or other reporting	16972
requirements established in the Revised Code. The guidelines may	16973
also require school districts to report information about	16974
individual staff members in connection with any data required by	16975
division (B) or (C) of this section or other reporting	16976
requirements established in the Revised Code. The guidelines shall	16977
not authorize school districts to request social security numbers	16978
of individual students. The guidelines shall prohibit the	16979
reporting under this section of a student's name, address, and	16980
social security number to the state board of education or the	16981
department of education. The guidelines shall also prohibit the	16982
reporting under this section of any personally identifiable	16983
information about any student, except for the purpose of assigning	16984
the data verification code required by division (D)(2) of this	16985
section, to any other person unless such person is employed by the	16986
school district or the information technology center operated	16987
under section 3301.075 of the Revised Code and is authorized by	16988
the district or technology center to have access to such	16989
information or is employed by an entity with which the department	16990
contracts for the scoring of tests administered under section	16991
3301.0711 or 3301.0712 of the Revised Code. The guidelines may	16992
require school districts to provide the social security numbers of	16993
individual staff members.	16994

(2) The guidelines shall provide for each school district or	16995
community school to assign a data verification code that is unique	16996
on a statewide basis over time to each student whose initial Ohio	16997
enrollment is in that district or school and to report all	16998
required individual student data for that student utilizing such	16999
code. The guidelines shall also provide for assigning data	17000
verification codes to all students enrolled in districts or	17001
community schools on the effective date of the guidelines	17002
established under this section.	17003

Individual student data shall be reported to the department	17004
through the information technology centers utilizing the code but,	17005
except as provided in section 3310.11 of the Revised Code, at no	17006
time shall the state board or the department have access to	17007
information that would enable any data verification code to be	17008
matched to personally identifiable student data.	17009

Each school district shall ensure that the data verification	17010
code is included in the student's records reported to any	17011
subsequent school district or community school in which the	17012
student enrolls. Any such subsequent district or school shall	17013
utilize the same identifier in its reporting of data under this	17014
section.	17015

The director of health shall request and receive, pursuant to	17016
sections 3301.0723 and 3701.62 of the Revised Code, a data	17017
verification code for a child who is receiving services under	17018
division (A)(2) of section 3701.61 of the Revised Code.	17019

(E) The guidelines adopted under this section may require	17020
school districts to collect and report data, information, or	17021
reports other than that described in divisions (A), (B), and (C)	17022
of this section for the purpose of complying with other reporting	17023
requirements established in the Revised Code. The other data,	17024
information, or reports may be maintained in the education	17025
management information system but are not required to be compiled	17026
as part of the profile formats required under division (G) of this	17027
section or the annual statewide report required under division (H)	17028
of this section.	17029

(F) Beginning with the school year that begins July 1, 1991,	17030
the board of education of each school district shall annually	17031
collect and report to the state board, in accordance with the	17032
guidelines established by the board, the data required pursuant to	17033
this section. A school district may collect and report these data	17034
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	17035

(G) The state board shall, in accordance with the procedures	17036
it adopts, annually compile the data reported by each school	17037
district pursuant to division (D) of this section. The state board	17038
shall design formats for profiling each school district as a whole	17039
and each school building within each district and shall compile	17040
the data in accordance with these formats. These profile formats	17041
shall:	17042

(1) Include all of the data gathered under this section in a	17043
manner that facilitates comparison among school districts and	17044
among school buildings within each school district;	17045

(2) Present the data on academic achievement levels as	17046
assessed by the testing of student achievement maintained pursuant	17047
to division (B)(1)(d) of this section.	17048

(H)(1) The state board shall, in accordance with the	17049
procedures it adopts, annually prepare a statewide report for all	17050
school districts and the general public that includes the profile	17051
of each of the school districts developed pursuant to division (G)	17052
of this section. Copies of the report shall be sent to each school	17053
district.	17054

(2) The state board shall, in accordance with the procedures	17055
it adopts, annually prepare an individual report for each school	17056
district and the general public that includes the profiles of each	17057
of the school buildings in that school district developed pursuant	17058
to division (G) of this section. Copies of the report shall be	17059
sent to the superintendent of the district and to each member of	17060
the district board of education.	17061

(3) Copies of the reports received from the state board under	17062
divisions (H)(1) and (2) of this section shall be made available	17063
to the general public at each school district's offices. Each	17064
district board of education shall make copies of each report	17065
available to any person upon request and payment of a reasonable	17066
fee for the cost of reproducing the report. The board shall	17067
annually publish in a newspaper of general circulation in the	17068
school district, at least twice during the two weeks prior to the	17069
week in which the reports will first be available, a notice	17070
containing the address where the reports are available and the	17071
date on which the reports will be available.	17072

(I) Any data that is collected or maintained pursuant to this	17073
section and that identifies an individual pupil is not a public	17074
record for the purposes of section 149.43 of the Revised Code.	17075

(J) As used in this section:

17076

(1) "School district" means any city, local, exempted	17077
village, or joint vocational school district and, in accordance	17078
with section 3314.17 of the Revised Code, any community school. As	17079
used in division (L) of this section, "school district" also	17080
includes any educational service center or other educational	17081
entity required to submit data using the system established under	17082
this section.	17083

(2) "Cost" means any expenditure for operating expenses made	17084
by a school district excluding any expenditures for debt	17085
retirement except for payments made to any commercial lending	17086
institution for any loan approved pursuant to section 3313.483 of	17087
the Revised Code.	17088

(K) Any person who removes data from the information system	17089
established under this section for the purpose of releasing it to	17090
any person not entitled under law to have access to such	17091
information is subject to section 2913.42 of the Revised Code	17092
prohibiting tampering with data.	17093

(L) ~~Any time the department of education determines that a~~	17094
~~school district has taken any of the actions described under~~	17095
~~division (L)(1), (2), or (3) of this section, it shall make a~~	17096
~~report of the actions of the district, send a copy of the report~~	17097
~~to the superintendent of such school district, and maintain a copy~~	17098
~~of the report in its files:~~	17099

~~(1) The school district fails to meet any deadline~~	17100
~~established pursuant to this section for the reporting of any data~~	17101
~~to the education management information system;~~	17102

~~(2) The school district fails to meet any deadline~~	17103
~~established pursuant to this section for the correction of any~~	17104
~~data reported to the education management information system;~~	17105

~~(3) The school district reports data to the education~~	17106
~~management information system in a condition, as determined by the~~	17107
~~department, that indicates that the district did not make a good~~	17108
~~faith effort in reporting the data to the system.~~	17109

~~Any report made under this division shall include~~	17110
~~recommendations for corrective action by the school district.~~	17111

~~Upon making a report for the first time in a fiscal year, the~~	17112
~~department shall withhold ten per cent of the total amount due~~	17113
~~during that fiscal year under Chapter 3317. of the Revised Code to~~	17114
~~the school district to which the report applies. Upon making a~~	17115
~~second report in a fiscal year, the department shall withhold an~~	17116
~~additional twenty per cent of such total amount due during that~~	17117
~~fiscal year to the school district to which the report applies.~~	17118
~~The department shall not release such funds unless it determines~~	17119
~~that the district has taken corrective action. However, no such~~	17120
~~release of funds shall occur if the district fails to take~~	17121
~~corrective action within forty-five days of the date upon which~~	17122
~~the report was made by the department.~~	17123

(1) In accordance with division (L)(2) of this section, the	17124
department of education may sanction any school district that	17125
reports incomplete or inaccurate data, reports data that does not	17126
conform to data requirements and descriptions published by the	17127
department, fails to report data in a timely manner, or otherwise	17128
does not make a good faith effort to report data as required by	17129
this section.	17130

(2) If the department decides to sanction a school district	17131
under this division, the department shall take the following	17132
sequential actions:	17133

(a) Notify the district in writing that the department has	17134
determined that data has not been reported as required under this	17135
section and require the district to review its data submission and	17136
submit corrected data by a deadline established by the department.	17137
The department also may require the district to develop a	17138
corrective action plan, which shall include provisions for the	17139
district to provide mandatory staff training on data reporting	17140
procedures.	17141

(b) Withhold up to ten per cent of the total amount of state	17142
funds due to the district for the current fiscal year and, if not	17143
previously required under division (L)(2)(a) of this section,	17144
require the district to develop a corrective action plan in	17145
accordance with that division;	17146

(c) Withhold an additional amount of up to twenty per cent of	17147
the total amount of state funds due to the district for the	17148
current fiscal year;	17149

(d) Direct department staff or an outside entity to	17150
investigate the district's data reporting practices and make	17151
recommendations for subsequent actions. The recommendations may	17152
include one or more of the following actions:	17153

(i) Arrange for an audit of the district's data reporting	17154
practices by department staff or an outside entity;	17155

(ii) Conduct a site visit and evaluation of the district;

17156

(iii) Withhold an additional amount of up to thirty per cent	17157
of the total amount of state funds due to the district for the	17158
current fiscal year;	17159

(iv) Continue monitoring the district's data reporting;

17160

(v) Assign department staff to supervise the district's data	17161
management system;	17162

(vi) Conduct an investigation to determine whether to suspend	17163
or revoke the license of any district employee in accordance with	17164
division (N) of this section;	17165

(vii) If the district is issued a report card under section	17166
3302.03 of the Revised Code, indicate on the report card that the	17167
district has been sanctioned for failing to report data as	17168
required by this section;	17169

(viii) If the district is issued a report card under section	17170
3302.03 of the Revised Code and incomplete or inaccurate data	17171
submitted by the district likely caused the district to receive a	17172
higher performance rating than it deserved under that section,	17173
issue a revised report card for the district;	17174

(ix) Any other action designed to correct the district's data	17175
reporting problems.	17176

(3) Any time the department takes an action against a school	17177
district under division (L)(2) of this section, the department	17178
shall make a report of the circumstances that prompted the action.	17179
The department shall send a copy of the report to the district	17180
superintendent or chief administrator and maintain a copy of the	17181
report in its files.	17182

(4) If any action taken under division (L)(2) of this section	17183
resolves a school district's data reporting problems to the	17184
department's satisfaction, the department shall not take any	17185
further actions described by that division. If the department	17186
withheld funds from the district under that division, the	17187
department may release those funds to the district, except that if	17188
the department withheld funding under division (L)(2)(c) of this	17189
section, the department shall not release the funds withheld under	17190
division (L)(2)(b) of this section and, if the department withheld	17191
funding under division (L)(2)(d) of this section, the department	17192
shall not release the funds withheld under division (L)(2)(b) or	17193
(c) of this section.	17194

(5) Notwithstanding anything in this section to the contrary,	17195
the department may use its own staff or an outside entity to	17196
conduct an audit of a school district's data reporting practices	17197
any time the department has reason to believe the district has not	17198
made a good faith effort to report data as required by this	17199
section. If any audit conducted by an outside entity under	17200
division (L)(2)(d)(i) or (5) of this section confirms that a	17201
district has not made a good faith effort to report data as	17202
required by this section, the district shall reimburse the	17203
department for the full cost of the audit. The department may	17204
withhold state funds due to the district for this purpose.	17205

(6) Prior to issuing a revised report card for a school	17206
district under division (L)(2)(d)(viii) of this section, the	17207
department may hold a hearing to provide the district with an	17208
opportunity to demonstrate that it made a good faith effort to	17209
report data as required by this section. The hearing shall be	17210
conducted by a referee appointed by the department. Based on the	17211
information provided in the hearing, the referee shall recommend	17212
whether the department should issue a revised report card for the	17213
district. If the referee affirms the department's contention that	17214
the district did not make a good faith effort to report data as	17215
required by this section, the district shall bear the full cost of	17216
conducting the hearing and of issuing any revised report card.	17217

(7) If the department determines that any inaccurate data	17218
reported under this section caused a school district to receive	17219
excess state funds in any fiscal year, the district shall	17220
reimburse the department an amount equal to the excess funds, in	17221
accordance with a payment schedule determined by the department.	17222
The department may withhold state funds due to the district for	17223
this purpose.	17224

(8) Any school district that has funds withheld under	17225
division (L)(2) of this section may appeal the withholding in	17226
accordance with Chapter 119. of the Revised Code.	17227

(9) In all cases of a disagreement between the department and	17228
a school district regarding the appropriateness of an action taken	17229
under division (L)(2) of this section, the burden of proof shall	17230
be on the district to demonstrate that it made a good faith effort	17231
to report data as required by this section.	17232

(M) No information technology center or school district shall	17233
acquire, change, or update its student administration software	17234
package to manage and report data required to be reported to the	17235
department unless it converts to a student software package that	17236
is certified by the department.	17237

(N) The state board of education, in accordance with sections	17238
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	17239
license as defined under division (A) of section 3319.31 of the	17240
Revised Code that has been issued to any school district employee	17241
found to have willfully reported erroneous, inaccurate, or	17242
incomplete data to the education management information system.	17243

(O) No person shall release or maintain any information about	17244
any student in violation of this section. Whoever violates this	17245
division is guilty of a misdemeanor of the fourth degree.	17246

(P) The department shall disaggregate the data collected	17247
under division (B)(1)(o) of this section according to the race and	17248
socioeconomic status of the students assessed. No data collected	17249
under that division shall be included on the report cards required	17250
by section 3302.03 of the Revised Code.	17251

(Q) If the department cannot compile any of the information	17252
required by division (C)(5) of section 3302.03 of the Revised Code	17253
based upon the data collected under this section, the department	17254
shall develop a plan and a reasonable timeline for the collection	17255
of any data necessary to comply with that division.	17256

Sec. 3301.0718. (A) After completing the required standards	17257
specified in section 3301.079 of the Revised Code, the state board	17258
of education shall adopt standards and model curricula for	17259
instruction in computer literacy for grades three through twelve	17260
and in fine arts and foreign language for grades kindergarten	17261
through twelve. ~~The~~	17262

(B) Not later than December 31, 2007, the state board shall	17263
adopt the most recent standards developed by the national	17264
association for sport and physical education for physical	17265
education in grades kindergarten through twelve or shall adopt its	17266
own standards for physical education in those grades. The	17267
department of education shall provide the standards, and any	17268
revisions of the standards, to all school districts and community	17269
schools established under Chapter 3314. of the Revised Code. Any	17270
school district or community school may utilize the standards.	17271

The department shall employ a full-time physical education	17272
coordinator to provide guidance and technical assistance to	17273
districts and community schools in implementing the standards	17274
adopted under this division. The superintendent of public	17275
instruction shall determine that the person employed as	17276
coordinator is qualified for the position, as demonstrated by	17277
possessing an adequate combination of education, license, and	17278
experience. The department shall hire a coordinator not later than	17279
October 31, 2007.	17280

(C) The state board shall not adopt or revise any standards	17281
or curriculum in the area of health ~~or physical education~~ unless,	17282
by concurrent resolution, the standards, curriculum, or revisions	17283
are approved by both houses of the general assembly. Before the	17284
house of representatives or senate votes on a concurrent	17285
resolution approving health ~~or physical education~~ standards,	17286
curriculum, or revisions, its standing committee having	17287
jurisdiction over education legislation shall conduct at least one	17288
public hearing on the standards, curriculum, or revisions.	17289

~~(B)~~(D) The state board shall not adopt a diagnostic	17290
assessment or achievement test for any grade level or subject area	17291
other than those specified in section 3301.079 of the Revised	17292
Code.	17293

Sec. 3301.0724. (A) The department of education annually	17294
shall report to the general assembly, in accordance with section	17295
101.68 of the Revised Code, for each school district all of the	17296
following information for the previous school year:	17297

(1) The aggregate amount spent for teacher salaries;

17298

(2) The aggregate amount spent for salaries of nonteaching	17299
employees;	17300

(3) The aggregate amount spent for health care benefits for	17301
all employees and the percentage that amount is of the total	17302
amount paid in employer's contributions and employees'	17303
contributions for those benefits;	17304

(4) The aggregate amount spent for the employer's	17305
contributions to the state teachers retirement system and the	17306
school employees retirement system;	17307

(5) Whether the school district pays any part of the	17308
employees' contributions to the state teachers retirement system	17309
or the school employees retirement system;	17310

(6) The number of sick days, vacation days, and personal days	17311
provided for teachers and nonteaching employees.	17312

(B) The department shall consult with the state employment	17313
relations board in preparing the report required by this section.	17314

(C) If necessary, as determined by the department, each	17315
school district shall report to the department data prescribed by	17316
division (A) of this section in the manner and by the deadline	17317
specified by the department so that the department can comply with	17318
this section.	17319

(D) As used in this section, "school year" has the same	17320
meaning as in section 3313.62 of the Revised Code.	17321

Sec. 3301.12. (A) The superintendent of public instruction	17322
in addition to the authority otherwise imposed on the	17323
superintendent, shall perform the following duties:	17324

(1) The superintendent shall provide technical and	17325
professional assistance and advice to all school districts in	17326
reference to all aspects of education, including finance,	17327
buildings and equipment, administration, organization of school	17328
districts, curriculum and instruction, transportation of pupils,	17329
personnel problems, and the interpretation of school laws and	17330
state regulations.	17331

(2) The superintendent shall prescribe and require the	17332
preparation and filing of such financial and other reports from	17333
school districts, officers, and employees as are necessary or	17334
proper. The superintendent shall prescribe and require the	17335
installation by school districts of such standardized reporting	17336
forms and accounting procedures as are essential to the	17337
businesslike operations of the public schools of the state.	17338

(3) The superintendent shall conduct such studies and	17339
research projects as are necessary or desirable for the	17340
improvement of public school education in Ohio, and such as may be	17341
assigned to the superintendent by the state board of education.	17342
Such studies and projects may include analysis of data contained	17343
in the education management information system established under	17344
section 3301.0714 of the Revised Code. For any study or project	17345
that requires the analysis of individual student data, the	17346
department of education or any entity with which the	17347
superintendent or department contracts to conduct the study or	17348
project shall maintain the confidentiality of student data at all	17349
times. For this purpose, the department or contracting entity	17350
shall use the data verification code assigned pursuant to division	17351
(D)(2) of section 3301.0714 of the Revised Code for each student	17352
whose data is analyzed. Except as otherwise provided in division	17353
(D)(1) of section 3301.0714 of the Revised Code, at no time shall	17354
the superintendent, the department, the state board of education,	17355
or any entity conducting a study or research project on the	17356
superintendent's behalf have access to a student's name, address,	17357
or social security number while analyzing individual student data.	17358

(4) The superintendent shall prepare and submit annually to	17359
the state board of education a report of the activities of the	17360
department of education and the status, problems, and needs of	17361
education in the state of Ohio.	17362

(5) The superintendent shall supervise all agencies over	17363
which the board exercises administrative control, including	17364
schools for education of ~~handicapped~~ persons with disabilities.	17365

(B) The superintendent of public instruction may annually	17366
inspect and analyze the expenditures of each school district and	17367
make a determination as to the efficiency of each district's	17368
costs, relative to other school districts in the state, for	17369
instructional, administrative, and student support services. The	17370
superintendent shall notify each school district as to the nature	17371
of, and reasons for, the determination. The state board of	17372
education shall adopt rules in accordance with Chapter 119. of the	17373
Revised Code setting forth the procedures and standards for the	17374
performance of the inspection and analysis.	17375

Sec. 3301.162. (A) If the governing authority of a chartered	17376
nonpublic school intends to close the school, the governing	17377
authority shall notify all of the following of that intent prior	17378
to closing the school:	17379

(1) The department of education;

17380

(2) The school district that receives auxiliary services	17381
funding under division (I) of section 3317.024 of the Revised Code	17382
on behalf of the students enrolled in the school;	17383

(3) The accrediting association that most recently accredited	17384
the school for purposes of chartering the school in accordance	17385
with the rules of the state board of education, if applicable.	17386

The notice shall include the school year and, if possible,	17387
the actual date the school will close.	17388

(B) The chief administrator of each chartered nonpublic	17389
school that closes shall deposit the school's records with either:	17390

(1) The accrediting association that most recently accredited	17391
the school for purposes of chartering the school in accordance	17392
with the rules of the state board, if applicable;	17393

(2) The school district that received auxiliary services	17394
funding under division (I) of section 3317.024 of the Revised Code	17395
on behalf of the students enrolled in the school.	17396

The school district that receives the records may charge for	17397
and receive a one-time reimbursement from auxiliary services	17398
funding under division (I) of section 3317.024 of the Revised Code	17399
for costs the district incurred to store the records.	17400

Sec. 3301.311. (A) As used in this section, "preschool	17401
program" has the same meaning as in section 3301.52 of the Revised	17402
Code.	17403

(B)~~(1)~~ Subject to ~~division (B)(2)~~divisions (C) and (D) of	17404
this section, ~~after July 1, 2005~~beginning in fiscal year 2006, no	17405
preschool program, and no early childhood education program or	17406
early learning program as defined by the department of education	17407
shall receive any funds from the state unless fifty per cent of	17408
the staff members employed by that program as teachers are working	17409
toward an associate degree of a type approved by the department.	17410

(C)(1) Subject to division ~~(B)~~(C)(2) of this section,	17411
beginning in fiscal year ~~2008~~2010, no preschool program, and no	17412
early childhood education program, or early learning program as	17413
defined by the department, existing prior to fiscal year 2007,	17414
shall receive any funds from the state unless every staff member	17415
employed by that program as a teacher has attained ~~such a~~an	17416
associate degree of a type approved by the department.	17417

(2) ~~After July 1, 2010~~Beginning in fiscal year 2011, no	17418
preschool program, and no early childhood education program or	17419
early learning program as defined by the department ~~of education~~,	17420
existing prior to fiscal year 2007, shall receive any funds from	17421
the state unless fifty per cent of the staff members employed by	17422
the program as teachers have attained a bachelor's degree of a	17423
type approved by the department.	17424

(D)(1) Subject to division (D)(2) of this section, beginning	17425
in fiscal year 2012, no preschool program, and no early childhood	17426
education program or early learning program as defined by the	17427
department, established during or after fiscal year 2007, shall	17428
receive any funds from the state unless every staff member	17429
employed by that program as a teacher has attained an associate	17430
degree of a type approved by the department.	17431

(2) Beginning in fiscal year 2013, no preschool program, and	17432
no early childhood education program or early learning program as	17433
defined by the department, established during or after fiscal year	17434
2007, shall receive any funds from the state unless fifty per cent	17435
of the staff members employed by the program as teachers have	17436
attained a bachelor's degree of a type approved by the department.	17437

Sec. 3301.53. (A) ~~Not later than July 1, 1988, the~~The state	17438
board of education, in consultation with the director of job and	17439
family services, shall formulate and prescribe by rule adopted	17440
under Chapter 119. of the Revised Code minimum standards to be	17441
applied to preschool programs operated by school district boards	17442
of education, county MR/DD boards, or eligible nonpublic schools.	17443
The rules shall include the following:	17444

(1) Standards ensuring that the preschool program is located	17445
in a safe and convenient facility that accommodates the enrollment	17446
of the program, is of the quality to support the growth and	17447
development of the children according to the program objectives,	17448
and meets the requirements of section 3301.55 of the Revised Code;	17449

(2) Standards ensuring that supervision, discipline, and	17450
programs will be administered according to established objectives	17451
and procedures;	17452

(3) Standards ensuring that preschool staff members and	17453
nonteaching employees are recruited, employed, assigned,	17454
evaluated, and provided inservice education without discrimination	17455
on the basis of age, color, national origin, race, or sex; and	17456
that preschool staff members and nonteaching employees are	17457
assigned responsibilities in accordance with written position	17458
descriptions commensurate with their training and experience;	17459

(4) A requirement that boards of education intending to	17460
establish a preschool program ~~on or after March 17, 1989,~~	17461
demonstrate a need for a preschool program ~~that is not being met~~	17462
~~by any existing program providing child care,~~ prior to	17463
establishing the program;	17464

(5) Requirements that children participating in preschool	17465
programs have been immunized to the extent considered appropriate	17466
by the state board to prevent the spread of communicable disease;	17467

(6) Requirements that the parents of preschool children	17468
complete the emergency medical authorization form specified in	17469
section 3313.712 of the Revised Code.	17470

(B) The state board of education in consultation with the	17471
director of job and family services shall ensure that the rules	17472
adopted by the state board under sections 3301.52 to 3301.58 of	17473
the Revised Code are consistent with and meet or exceed the	17474
requirements of Chapter 5104. of the Revised Code with regard to	17475
child day-care centers. The state board and the director of job	17476
and family services shall review all such rules at least once	17477
every five years.	17478

(C) ~~On or before January 1, 1992, the~~The state board of	17479
education, in consultation with the director of job and family	17480
services, shall adopt rules for school child programs that are	17481
consistent with and meet or exceed the requirements of the rules	17482
adopted for school child day-care centers under Chapter 5104. of	17483
the Revised Code.	17484

Sec. 3302.03. (A) Annually the department of education shall	17485
report for each school district and each school building in a	17486
district all of the following:	17487

(1) The extent to which the school district or building meets	17488
each of the applicable performance indicators created by the state	17489
board of education under section 3302.02 of the Revised Code and	17490
the number of applicable performance indicators that have been	17491
achieved;	17492

(2) The performance index score of the school district or	17493
building;	17494

(3) Whether the school district or building has made adequate	17495
yearly progress;	17496

(4) Whether the school district or building is excellent,	17497
effective, needs continuous improvement, is under an academic	17498
watch, or is in a state of academic emergency.	17499

(B) Except as otherwise provided in ~~division~~divisions (B)(6)	17500
and (7) of this section:	17501

(1) A school district or building shall be declared excellent	17502
if it fulfills one of the following requirements:	17503

(a) It makes adequate yearly progress and either meets at	17504
least ninety-four per cent of the applicable state performance	17505
indicators or has a performance index score established by the	17506
department.	17507

(b) It has failed to make adequate yearly progress for not	17508
more than two consecutive years and either meets at least	17509
ninety-four per cent of the applicable state performance	17510
indicators or has a performance index score established by the	17511
department.	17512

(2) A school district or building shall be declared effective	17513
if it fulfills one of the following requirements:	17514

(a) It makes adequate yearly progress and either meets at	17515
least seventy-five per cent but less than ninety-four per cent of	17516
the applicable state performance indicators or has a performance	17517
index score established by the department.	17518

(b) It does not make adequate yearly progress and either	17519
meets at least seventy-five per cent of the applicable state	17520
performance indicators or has a performance index score	17521
established by the department, except that if it does not make	17522
adequate yearly progress for three consecutive years, it shall be	17523
declared in need of continuous improvement.	17524

(3) A school district or building shall be declared to be in	17525
need of continuous improvement if it fulfills one of the following	17526
requirements:	17527

(a) It makes adequate yearly progress, meets less than	17528
seventy-five per cent of the applicable state performance	17529
indicators, and has a performance index score established by the	17530
department.	17531

(b) It does not make adequate yearly progress and either	17532
meets at least fifty per cent but less than seventy-five per cent	17533
of the applicable state performance indicators or has a	17534
performance index score established by the department.	17535

(4) A school district or building shall be declared to be	17536
under an academic watch if it does not make adequate yearly	17537
progress and either meets at least thirty-one per cent but less	17538
than fifty per cent of the applicable state performance indicators	17539
or has a performance index score established by the department.	17540

(5) A school district or building shall be declared to be in	17541
a state of academic emergency if it does not make adequate yearly	17542
progress, does not meet at least thirty-one per cent of the	17543
applicable state performance indicators, and has a performance	17544
index score established by the department.	17545

(6) When designating performance ratings for school districts	17546
and buildings under divisions (B)(1) to (5) of this section, the	17547
department shall not assign a school district or building a lower	17548
designation from its previous year's designation based solely on	17549
one subgroup not making adequate yearly progress.	17550

(7) Division (B)(7) of this section does not apply to any	17551
community school established under Chapter 3314. of the Revised	17552
Code in which a majority of the students are enrolled in a dropout	17553
prevention and recovery program.	17554

A school district or building shall not be assigned a higher	17555
performance rating than in need of continuous improvement if at	17556
least ten per cent but not more than fifteen per cent of the	17557
enrolled students do not take all achievement tests prescribed for	17558
their grade level under section 3301.0710 of the Revised Code from	17559
which they are not excused pursuant to division (C)(1) or (3) of	17560
section 3301.0711 of the Revised Code. A school district or	17561
building shall not be assigned a higher performance rating than	17562
under an academic watch if more than fifteen per cent but not more	17563
than twenty per cent of the enrolled students do not take all	17564
achievement tests prescribed for their grade level under section	17565
3301.0710 of the Revised Code from which they are not excused	17566
pursuant to division (C)(1) or (3) of section 3301.0711 of the	17567
Revised Code. A school district or building shall not be assigned	17568
a higher performance rating than in a state of academic emergency	17569
if more than twenty per cent of the enrolled students do not take	17570
all achievement tests prescribed for their grade level under	17571
section 3301.0710 of the Revised Code from which they are not	17572
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	17573
the Revised Code.	17574

(C)(1) The department shall issue annual report cards for	17575
each school district, each building within each district, and for	17576
the state as a whole reflecting performance on the indicators	17577
created by the state board under section 3302.02 of the Revised	17578
Code, the performance index score, and adequate yearly progress.	17579

(2) The department shall include on the report card for each	17580
district information pertaining to any change from the previous	17581
year made by the school district or school buildings within the	17582
district on any performance indicator.	17583

(3) When reporting data on student performance, the	17584
department shall disaggregate that data according to the following	17585
categories:	17586

(a) Performance of students by age group;

17587

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

17588

17589

(d) Performance of students grouped by those who have been	17590
enrolled in a district or school for three or more years;	17591

(e) Performance of students grouped by those who have been	17592
enrolled in a district or school for more than one year and less	17593
than three years;	17594

(f) Performance of students grouped by those who have been	17595
enrolled in a district or school for one year or less;	17596

(g) Performance of students grouped by those who are	17597
economically disadvantaged;	17598

(h) Performance of students grouped by those who are enrolled	17599
in a conversion community school established under Chapter 3314.	17600
of the Revised Code;	17601

(i) Performance of students grouped by those who are	17602
classified as limited English proficient;	17603

(j) Performance of students grouped by those who have	17604
disabilities;	17605

(k) Performance of students grouped by those who are	17606
classified as migrants;	17607

(l) Performance of students grouped by those who are	17608
identified as gifted pursuant to Chapter 3324. of the Revised	17609
Code.	17610

The department may disaggregate data on student performance	17611
according to other categories that the department determines are	17612
appropriate. To the extent possible, the department shall	17613
disaggregate data on student performance according to any	17614
combinations of two or more of the categories listed in divisions	17615
(C)(3)(a) to (l) of this section that it deems relevant.	17616

In reporting data pursuant to division (C)(3) of this	17617
section, the department shall not include in the report cards any	17618
data statistical in nature that is statistically unreliable or	17619
that could result in the identification of individual students.	17620
For this purpose, the department shall not report student	17621
performance data for any group identified in division (C)(3) of	17622
this section that contains less than ten students.	17623

(4) The department may include with the report cards any	17624
additional education and fiscal performance data it deems	17625
valuable.	17626

(5) The department shall include on each report card a list	17627
of additional information collected by the department that is	17628
available regarding the district or building for which the report	17629
card is issued. When available, such additional information shall	17630
include student mobility data disaggregated by race and	17631
socioeconomic status, college enrollment data, and the reports	17632
prepared under section 3302.031 of the Revised Code.	17633

The department shall maintain a site on the world wide web.	17634
The report card shall include the address of the site and shall	17635
specify that such additional information is available to the	17636
public at that site. The department shall also provide a copy of	17637
each item on the list to the superintendent of each school	17638
district. The district superintendent shall provide a copy of any	17639
item on the list to anyone who requests it.	17640

(6)(a) This division does not apply to conversion community	17641
schools that primarily enroll students between sixteen and	17642
twenty-two years of age who dropped out of high school or are at	17643
risk of dropping out of high school due to poor attendance,	17644
disciplinary problems, or suspensions.	17645

For any district that sponsors a conversion community school	17646
under Chapter 3314. of the Revised Code, the department shall	17647
combine data regarding the academic performance of students	17648
enrolled in the community school with comparable data from the	17649
schools of the district for the purpose of calculating the	17650
performance of the district as a whole on the report card issued	17651
for the district.	17652

(b) Any district that leases a building to a community school	17653
located in the district or that enters into an agreement with a	17654
community school located in the district whereby the district and	17655
the school endorse each other's programs may elect to have data	17656
regarding the academic performance of students enrolled in the	17657
community school combined with comparable data from the schools of	17658
the district for the purpose of calculating the performance of the	17659
district as a whole on the district report card. Any district that	17660
so elects shall annually file a copy of the lease or agreement	17661
with the department.	17662

(7) The department shall include on each report card the	17663
percentage of teachers in the district or building who are highly	17664
qualified, as defined by the "No Child Left Behind Act of 2001,"	17665
and a comparison of that percentage with the percentages of such	17666
teachers in similar districts and buildings.	17667

(8) The department shall include on the report card the	17668
number of master teachers employed by each district and each	17669
building once the data is available from the education management	17670
information system established under section 3301.0714 of the	17671
Revised Code;	17672

(9) The department shall display a designation of "Ohio Core	17673
Certified School District" or "Ohio Core Certified Community	17674
School" on the report card for each school district or community	17675
school, respectively, submitting evidence satisfactory to the	17676
department that, in the school year to which the report card	17677
pertains, the district or school both:	17678

(a) Offered all components of the Ohio core curriculum	17679
prescribed in division (C) of section 3313.603 of the Revised Code	17680
for its high school students;	17681

(b) Applied the fine arts education requirement of division	17682
(K) of that section.	17683

The department shall display the designation on report cards	17684
published in 2008 through 2013 for the 2007-2008 through 2012-2013	17685
school years. The department shall list on the web site	17686
established under division (C)(5) of this section the school	17687
districts and community schools designated as Ohio core certified.	17688

(D)(1) In calculating reading, writing, mathematics, social	17689
studies, or science proficiency or achievement test passage rates	17690
used to determine school district or building performance under	17691
this section, the department shall include all students taking a	17692
test with accommodation or to whom an alternate assessment is	17693
administered pursuant to division (C)(1) or (3) of section	17694
3301.0711 of the Revised Code.	17695

(2) In calculating performance index scores, rates of	17696
achievement on the performance indicators established by the state	17697
board under section 3302.02 of the Revised Code, and adequate	17698
yearly progress for school districts and buildings under this	17699
section, the department shall do all of the following:	17700

(a) Include for each district or building only those students	17701
who are included in the ADM certified for the first full school	17702
week of October and are continuously enrolled in the district or	17703
building through the time of the spring administration of any test	17704
prescribed by section 3301.0710 of the Revised Code that is	17705
administered to the student's grade level;	17706

(b) Include cumulative totals from both the fall and spring	17707
administrations of the third grade reading achievement test;	17708

(c) Except as required by the "No Child Left Behind Act of	17709
2001" for the calculation of adequate yearly progress, exclude for	17710
each district or building any limited English proficient student	17711
who has been enrolled in United States schools for less than one	17712
full school year.	17713

Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent	17714
of public instruction shall establish an academic distress	17715
commission for each school district that has been declared to be	17716
in a state of academic emergency pursuant to section 3302.03 of	17717
the Revised Code and has failed to make adequate yearly progress	17718
for four or more consecutive school years. Each commission shall	17719
assist the district for which it was established in improving the	17720
district's academic performance.	17721

Each commission is a body both corporate and politic,	17722
constituting an agency and instrumentality of the state and	17723
performing essential governmental functions of the state. A	17724
commission shall be known as the "academic distress commission for	17725
............... (name of school district)," and, in that name, may	17726
exercise all authority vested in such a commission by this	17727
section. A separate commission shall be established for each	17728
school district to which this division applies.	17729

(B) Each academic distress commission shall consist of five	17730
voting members, three of whom shall be appointed by the	17731
superintendent of public instruction and two of whom shall be	17732
residents of the applicable school district appointed by the	17733
president of the district board of education ~~of the applicable~~	17734
~~school district~~. When a school district becomes subject to this	17735
section, the superintendent of public instruction shall provide	17736
written notification of that fact to the district board of	17737
education and shall request the president of the district board to	17738
submit to the superintendent of public instruction, in writing,	17739
the names of the president's appointees to the commission. The	17740
superintendent of public instruction and the president of the	17741
district board shall make appointments to the commission within	17742
thirty days after the district is notified that it is subject to	17743
this section.	17744

Members of the commission shall serve at the pleasure of	17745
their appointing authority during the life of the commission. In	17746
the event of the death, resignation, incapacity, removal, or	17747
ineligibility to serve of a member, the appointing authority shall	17748
appoint a successor within fifteen days after the vacancy occurs.	17749
Members shall serve without compensation, but shall be paid by the	17750
commission their necessary and actual expenses incurred while	17751
engaged in the business of the commission.	17752

(C) Immediately after appointment of the initial members of	17753
an academic distress commission, the superintendent of public	17754
instruction shall call the first meeting of the commission and	17755
shall cause written notice of the time, date, and place of that	17756
meeting to be given to each member of the commission at least	17757
forty-eight hours in advance of the meeting. The first meeting	17758
shall include an overview of the commission's roles and	17759
responsibilities, the requirements of section 2921.42 and Chapter	17760
102. of the Revised Code as they pertain to commission members,	17761
the requirements of section 121.22 of the Revised Code, and the	17762
provisions of division (F) of this section. At its first meeting,	17763
the commission shall adopt temporary bylaws in accordance with	17764
division (D) of this section to govern its operations until the	17765
adoption of permanent bylaws.	17766

The superintendent of public instruction shall designate a	17767
chairperson for the commission from among the members appointed by	17768
the superintendent. The chairperson shall call and conduct	17769
meetings, set meeting agendas, and serve as a liaison between the	17770
commission and the district board of education. The chairperson	17771
also shall appoint a secretary, who shall not be a member of the	17772
commission.	17773

The department of education shall provide administrative	17774
support for the commission, provide data requested by the	17775
commission, and inform the commission of available state resources	17776
that could assist the commission in its work.	17777

(D) Each academic distress commission may adopt and alter	17778
bylaws and rules, which shall not be subject to section 111.15 or	17779
Chapter 119. of the Revised Code, for the conduct of its affairs	17780
and for the manner, subject to this section, in which its powers	17781
and functions shall be exercised and embodied.	17782

(E) Three members of an academic distress commission	17783
constitute a quorum of the commission. The affirmative vote of	17784
three members of the commission is necessary for any action taken	17785
by vote of the commission. No vacancy in the membership of the	17786
commission shall impair the rights of a quorum by such vote to	17787
exercise all the rights and perform all the duties of the	17788
commission. Members of the commission are not disqualified from	17789
voting by reason of the functions of any other office they hold	17790
and are not disqualified from exercising the functions of the	17791
other office with respect to the school district, its officers, or	17792
the commission.	17793

(F) The members of an academic distress commission, the	17794
superintendent of public instruction, and any person authorized to	17795
act on behalf of or assist them shall not be personally liable or	17796
subject to any suit, judgment, or claim for damages resulting from	17797
the exercise of or failure to exercise the powers, duties, and	17798
functions granted to them in regard to their functioning under	17799
this section, but the commission, superintendent of public	17800
instruction, and such other persons shall be subject to mandamus	17801
proceedings to compel performance of their duties under this	17802
section.	17803

(G) Each member of an academic distress commission shall file	17804
the statement described in section 102.02 of the Revised Code with	17805
the Ohio ethics commission. The statement shall be confidential,	17806
subject to review, as described in division (B) of that section.	17807

(H) Meetings of each academic distress commission shall be	17808
subject to section 121.22 of the Revised Code.	17809

(I)(1) Within one hundred twenty days after the first meeting	17810
of an academic distress commission, the commission shall adopt an	17811
academic recovery plan to improve academic performance in the	17812
school district. The plan shall address academic problems at both	17813
the district and school levels. The plan shall include the	17814
following:	17815

(a) Short-term and long-term actions to be taken to improve	17816
the district's academic performance, including any actions	17817
required by section 3302.04 of the Revised Code;	17818

(b) The sequence and timing of the actions described in	17819
division (I)(1)(a) of this section and the persons responsible for	17820
implementing the actions;	17821

(c) Resources that will be applied toward improvement	17822
efforts;	17823

(d) Procedures for monitoring and evaluating improvement	17824
efforts;	17825

(e) Requirements for reporting to the commission and the	17826
district board of education on the status of improvement efforts.	17827

(2) The commission may amend the academic recovery plan	17828
subsequent to adoption. The commission shall update the plan at	17829
least annually.	17830

(3) The commission shall submit the academic recovery plan it	17831
adopts or updates to the superintendent of public instruction for	17832
approval immediately following its adoption or updating. The	17833
superintendent shall evaluate the plan and either approve or	17834
disapprove it within thirty days after its submission. If the plan	17835
is disapproved, the superintendent shall recommend modifications	17836
that will render it acceptable. No academic distress commission	17837
shall implement an academic recovery plan unless the	17838
superintendent has approved it.	17839

(4) County, state, and school district officers and employees	17840
shall assist the commission diligently and promptly in the	17841
implementation of the academic recovery plan.	17842

(J) Each academic distress commission shall seek input from	17843
the district board of education regarding ways to improve the	17844
district's academic performance, but any decision of the	17845
commission related to any authority granted to the commission	17846
under this section shall be final.	17847

The commission may do any of the following:

17848

(1) Appoint school building administrators and reassign	17849
administrative personnel;	17850

(2) Terminate the contracts of administrators or	17851
administrative personnel. The commission shall not be required to	17852
comply with section 3319.16 of the Revised Code with respect to	17853
any contract terminated under this division.	17854

(3) Contract with a private entity to perform school or	17855
district management functions;	17856

(4) Establish a budget for the district and approve district	17857
appropriations and expenditures, unless a financial planning and	17858
supervision commission has been established for the district	17859
pursuant to section 3316.05 of the Revised Code.	17860

~~(D)~~(K) If the board of education of a district for which an	17861
academic distress commission has been established under this	17862
section renews any collective bargaining agreement under Chapter	17863
4117. of the Revised Code during the existence of the commission,	17864
the district board shall not enter into any agreement that would	17865
render any decision of the commission unenforceable. Section	17866
3302.08 of the Revised Code does not apply to this division.	17867

Notwithstanding any provision to the contrary in Chapter	17868
4117. of the Revised Code, if the board of education has entered	17869
into a collective bargaining agreement after ~~the effective date of~~	17870
~~this section~~September 29, 2005, that contains stipulations	17871
relinquishing one or more of the rights or responsibilities listed	17872
in division (C) of section 4117.08 of the Revised Code, those	17873
stipulations are not enforceable and the district board shall	17874
resume holding those rights or responsibilities as if it had not	17875
relinquished them in that agreement until such time as both the	17876
academic distress commission ceases to exist and the district	17877
board agrees to relinquish those rights or responsibilities in a	17878
new collective bargaining agreement. The provisions of this	17879
paragraph apply to a collective bargaining agreement entered into	17880
after ~~the effective date of this section~~September 29, 2005, and	17881
those provisions are deemed to be part of that agreement	17882
regardless of whether the district satisfied the conditions	17883
prescribed in division (A) of this section at the time the	17884
district entered into that agreement.	17885

~~(E)~~(L) An academic distress commission shall cease to exist	17886
when the district for which it was established receives a	17887
performance rating under section 3302.03 of the Revised Code of in	17888
need of continuous improvement or better for two ~~out~~ of the three	17889
prior school years; however, the superintendent of public	17890
instruction may dissolve the commission earlier if the	17891
superintendent determines that the district can perform adequately	17892
without the supervision of the commission. Upon termination of the	17893
commission, the department of education shall compile a final	17894
report of the commission's activities to assist other academic	17895
distress commissions in the conduct of their functions.	17896

Sec. 3303.20. The superintendent of public instruction shall	17897
appoint a supervisor of agricultural education within the	17898
department of education. The supervisor shall be responsible for	17899
administering and disseminating to school districts information	17900
about agricultural education.	17901

The department shall maintain an appropriate number of	17902
full-time employees focusing on agricultural education. The	17903
department shall employ at least three program consultants who	17904
shall be available to provide assistance to school districts on a	17905
regional basis throughout the state. At least one consultant may	17906
coordinate local activities of the student organization known as	17907
the future farmers of America.	17908

Sec. 3310.41. (A) As used in this section:

17909

(1) "Alternative public provider" means either of the	17910
following providers that agrees to enroll a child in the	17911
provider's special education program to implement the child's	17912
individualized education program and to which the child's parent	17913
owes fees for the services provided to the child:	17914

(a) A school district that is not the school district in	17915
which the child is entitled to attend school;	17916

(b) A public entity other than a school district.

17917

(2) "Entitled to attend school" means entitled to attend	17918
school in a school district under section 3313.64 or 3313.65 of	17919
the Revised Code.	17920

(3) "Formula ADM" and "category six special education ADM"	17921
have the same meanings as in section 3317.02 of the Revised Code.	17922

(4) "~~Handicapped preschool~~Preschool child with a disability"	17923
and "individualized education program" have the same meanings as	17924
in section 3323.01 of the Revised Code.	17925

(5) "Parent" has the same meaning as in section 3313.64 of	17926
the Revised Code, except that "parent" does not mean a parent	17927
whose custodial rights have been terminated.	17928

(6) "Preschool scholarship ADM" means the number of	17929
~~handicapped~~ preschool children with disabilities reported under	17930
division (B)(3)(h) of section 3317.03 of the Revised Code.	17931

(7) "Qualified special education child" is a child for whom	17932
all of the following conditions apply:	17933

(a) The school district in which the child is entitled to	17934
attend school has identified the child as autistic. A child who	17935
has been identified as having a "pervasive developmental disorder	17936
- not otherwise specified (PPD-NOS)" shall be considered to be an	17937
autistic child for purposes of this section.	17938

(b) The school district in which the child is entitled to	17939
attend school has developed an individualized education program	17940
under Chapter 3323. of the Revised Code for the child.	17941

17942

(i) Was enrolled in the school district in which the child is	17943
entitled to attend school in any grade from preschool through	17944
twelve in the school year prior to the year in which a scholarship	17945
under this section is first sought for the child; or	17946

(ii) Is eligible to enter school in any grade preschool	17947
through twelve in the school district in which the child is	17948
entitled to attend school in the school year in which a	17949
scholarship under this section is first sought for the child.	17950

(8) "Registered private provider" means a nonpublic school or	17951
other nonpublic entity that has been approved by the ~~Department~~	17952
department of ~~Education~~education to participate in the program	17953
established under this section.	17954

(9) "Special education program" means a school or facility	17955
that provides special education and related services to children	17956
with disabilities.	17957

(B) There is hereby established the autism scholarship	17958
program. Under the program, the department of education shall pay	17959
a scholarship to the parent of each qualified special education	17960
child upon application of that parent pursuant to procedures and	17961
deadlines established by rule of the state board of education.	17962
Each scholarship shall be used only to pay tuition for the child	17963
on whose behalf the scholarship is awarded to attend a special	17964
education program that implements the child's individualized	17965
education program and that is operated by an alternative public	17966
provider or by a registered private provider. Each scholarship	17967
shall be in an amount not to exceed the lesser of the tuition	17968
charged for the child by the special education program or twenty	17969
thousand dollars. The purpose of the scholarship is to permit the	17970
parent of a qualified special education child the choice to send	17971
the child to a special education program, instead of the one	17972
operated by or for the school district in which the child is	17973
entitled to attend school, to receive the services prescribed in	17974
the child's individualized education program once the	17975
individualized education program is finalized. A scholarship under	17976
this section shall not be awarded to the parent of a child while	17977
the child's individualized education program is being developed by	17978
the school district in which the child is entitled to attend	17979
school, or while any administrative or judicial mediation or	17980
proceedings with respect to the content of the child's	17981
individualized education program are pending. A scholarship under	17982
this section shall not be used for a child to attend a public	17983
special education program that operates under a contract, compact,	17984
or other bilateral agreement between the school district in which	17985
the child is entitled to attend school and another school district	17986
or other public provider, or for a child to attend a community	17987
school established under Chapter 3314. of the Revised Code.	17988
However, nothing in this section or in any rule adopted by the	17989
state board shall prohibit a parent whose child attends a public	17990
special education program under a contract, compact, or other	17991
bilateral agreement, or a parent whose child attends a community	17992
school, from applying for and accepting a scholarship under this	17993
section so that the parent may withdraw the child from that	17994
program or community school and use the scholarship for the child	17995
to attend a special education program for which the parent is	17996
required to pay for services for the child. A child attending a	17997
special education program with a scholarship under this section	17998
shall continue to be entitled to transportation to and from that	17999
program in the manner prescribed by law.	18000

(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and	18001
(B)(10) of section 3317.03 of the Revised Code, a child who is not	18002
a ~~handicapped~~ preschool child with a disability for whom a	18003
scholarship is awarded under this section shall be counted in the	18004
formula ADM and the category six special education ADM of the	18005
district in which the child is entitled to attend school and not	18006
in the formula ADM and the category six special education ADM of	18007
any other school district. As prescribed in divisions (B)(3)(h)	18008
and (B)(10) of section 3317.03 of the Revised Code, a child who is	18009
a ~~handicapped~~ preschool child with a disability for whom a	18010
scholarship is awarded under this section shall be counted in the	18011
preschool scholarship ADM and category six special education ADM	18012
of the school district in which the child is entitled to attend	18013
school and not in the preschool scholarship ADM or category six	18014
special education ADM of any other school district.	18015

(2) In each fiscal year, the department shall deduct from the	18016
amounts paid to each school district under Chapter 3317. of the	18017
Revised Code, and, if necessary, sections 321.24 and 323.156 of	18018
the Revised Code, the aggregate amount of scholarships awarded	18019
under this section for qualified special education children	18020
included in the formula ADM, or preschool scholarship ADM, and in	18021
the category six special education ADM of that school district as	18022
provided in division (C)(1) of this section. The scholarships	18023
deducted shall be considered as an approved special education and	18024
related services expense for the purpose of the school district's	18025
compliance with division (C)(5) of section 3317.022 of the Revised	18026
Code.	18027

(3) From time to time, the department shall make a payment to	18028
the parent of each qualified special education child for whom a	18029
scholarship has been awarded under this section. The scholarship	18030
amount shall be proportionately reduced in the case of any such	18031
child who is not enrolled in the special education program for	18032
which a scholarship was awarded under this section for the entire	18033
school year. The department shall make no payments to the parent	18034
of a child while any administrative or judicial mediation or	18035
proceedings with respect to the content of the child's	18036
individualized education program are pending.	18037

(D) A scholarship shall not be paid to a parent for payment	18038
of tuition owed to a nonpublic entity unless that entity is a	18039
registered private provider. The department shall approve	18040
entities that meet the standards established by rule of the state	18041
board for the program established under this section.	18042

(E) The state board shall adopt rules under Chapter 119. of	18043
the Revised Code prescribing procedures necessary to implement	18044
this section, including, but not limited to, procedures and	18045
deadlines for parents to apply for scholarships, standards for	18046
registered private providers, and procedures for approval of	18047
entities as registered private providers.	18048

Sec. 3310.51. As used in sections 3310.51 to 3310.63 of the	18049
Revised Code:	18050

(A) "Alternative public provider" means either of the	18051
following providers that agrees to enroll a child in the	18052
provider's special education program to implement the child's	18053
individualized education program and to which the eligible	18054
applicant owes fees for the services provided to the child:	18055

(1) A school district that is not the school district in	18056
which the child is entitled to attend school or the child's school	18057
district of residence, if different;	18058

(2) A public entity other than a school district.

18059

(B) "Applicable special education weight" means the multiple	18060
specified in section 3317.013 of the Revised Code for a disability	18061
described in that section.	18062

(C) "Category one through six special education ADM" means	18063
the respective categories prescribed in divisions (F)(1) to (6) of	18064
section 3317.02 of the Revised Code.	18065

(D) "Child with a disability" and "individualized education	18066
program" have the same meanings as in section 3323.01 of the	18067
Revised Code.	18068

(E) "Eligible applicant" means any of the following:

18069

(1) Either of the natural or adoptive parents of a qualified	18070
special education child, except as otherwise specified in this	18071
division. When the marriage of the natural or adoptive parents of	18072
the student has been terminated by a divorce, dissolution of	18073
marriage, or annulment, or when the natural or adoptive parents of	18074
the student are living separate and apart under a legal separation	18075
decree, and a court has issued an order allocating the parental	18076
rights and responsibilities with respect to the child, "eligible	18077
applicant" means the residential parent as designated by the	18078
court. If the court issues a shared parenting decree, "eligible	18079
applicant" means either parent. "Eligible applicant" does not mean	18080
a parent whose custodial rights have been terminated.	18081

(2) The custodian of a qualified special education child,	18082
when a court has granted temporary, legal, or permanent custody of	18083
the child to an individual other than either of the natural or	18084
adoptive parents of the child or to a government agency;	18085

(3) The guardian of a qualified special education child, when	18086
a court has appointed a guardian for the child;	18087

(4) The grandparent of a qualified special education child,	18088
when the grandparent is the child's attorney in fact under a power	18089
of attorney executed under sections 3109.51 to 3109.62 of the	18090
Revised Code or when the grandparent has executed a caregiver	18091
authorization affidavit under sections 3109.65 to 3109.73 of the	18092
Revised Code;	18093

(5) The surrogate parent appointed for a qualified special	18094
education child pursuant to division (B) of section 3323.05 and	18095
section 3323.051 of the Revised Code;	18096

(6) A qualified special education child, if the child does	18097
not have a custodian or guardian and the child is at least	18098
eighteen years of age.	18099

(F) "Entitled to attend school" means entitled to attend	18100
school in a school district under sections 3313.64 and 3313.65 of	18101
the Revised Code.	18102

(G) "Formula ADM" and "formula amount" have the same meanings	18103
as in section 3317.02 of the Revised Code.	18104

(H) "Qualified special education child" is a child for whom	18105
all of the following conditions apply:	18106

(1) The child is at least five years of age and less than	18107
twenty-two years of age;	18108

(2) The school district in which the child is entitled to	18109
attend school, or the child's school district of residence if	18110
different, has identified the child as a child with a disability;	18111

(3) The school district in which the child is entitled to	18112
attend school, or the child's school district of residence if	18113
different, has developed an individualized education program under	18114
Chapter 3323. of the Revised Code for the child;	18115

(4) The child either:

18116

(a) Was enrolled in the schools of the school district in	18117
which the child is entitled to attend school in any grade from	18118
kindergarten through twelve in the school year prior to the school	18119
year in which a scholarship is first sought for the child;	18120

(b) Is eligible to enter school in any grade kindergarten	18121
through twelve in the school district in which the child is	18122
entitled to attend school in the school year in which a	18123
scholarship is first sought for the child.	18124

(I) "Registered private provider" means a nonpublic school or	18125
other nonpublic entity that has been registered by the	18126
superintendent of public instruction under section 3310.58 of the	18127
Revised Code.	18128

(J) "Scholarship" means a scholarship awarded under the	18129
special education scholarship pilot program pursuant to sections	18130
3310.51 to 3310.63 of the Revised Code.	18131

(K) "School district of residence" has the same meaning as in	18132
section 3323.01 of the Revised Code. A community school	18133
established under Chapter 3314. of the Revised Code is not a	18134
"school district of residence" for purposes of sections 3310.51 to	18135
3310.63 of the Revised Code.	18136

(L) "School year" has the same meaning as in section 3313.62	18137
of the Revised Code.	18138

(M) "Special education program" means a school or facility	18139
that provides special education and related services to children	18140
with disabilities.	18141

Sec. 3310.52. (A) The special education scholarship pilot	18142
program is hereby established. Under the program, in fiscal years	18143
2009 through 2014, subject to division (B) of this section, the	18144
department of education annually shall pay a scholarship to an	18145
alternative public provider or a registered private provider on	18146
behalf of an eligible applicant for services provided for a	18147
qualified special education child. The scholarship shall be used	18148
only to pay all or part of the fees for the child to attend the	18149
special education program operated by the alternative public	18150
provider or registered private provider to implement the child's	18151
individualized education program in lieu of the child's attending	18152
the special education program operated by the school district in	18153
which the child is entitled to attend school.	18154

(B) The number of scholarships awarded under the pilot	18155
program in any fiscal year shall not exceed three per cent of the	18156
total number of students residing in the state identified as	18157
children with disabilities during the previous fiscal year.	18158

(C) No scholarship or renewal of a scholarship shall be	18159
awarded to an eligible applicant on behalf of a qualified special	18160
education child for the next school year, unless on or before the	18161
fifteenth day of April the eligible applicant completes the	18162
application for the scholarship or renewal, in the manner	18163
prescribed by the department, and notifies the school district in	18164
which the child is entitled to attend school that the eligible	18165
applicant has applied for the scholarship or renewal.	18166

Sec. 3310.53. (A) Except for development of the child's	18167
individualized education program, as specified in division (B) of	18168
this section, the school district in which a qualified special	18169
education child is entitled to attend school and the child's	18170
school district of residence, if different, are not obligated to	18171
provide the child with a free appropriate public education under	18172
Chapter 3323. of the Revised Code for as long as the child	18173
continues to attend the special education program operated by	18174
either an alternative public provider or a registered private	18175
provider for which a scholarship is awarded under the special	18176
education scholarship pilot program. If at any time, the eligible	18177
applicant for the child decides no longer to accept scholarship	18178
payments and enrolls the child in the special education program of	18179
the school district in which the child is entitled to attend	18180
school, that district shall provide the child with a free	18181
appropriate public education under Chapter 3323. of the Revised	18182
Code.	18183

(B) Each eligible applicant and each qualified special	18184
education child have a continuing right to the development of an	18185
individualized education program for the child that complies with	18186
Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and	18187
administrative rules or guidelines adopted by the Ohio department	18188
of education or the United States department of education. The	18189
school district in which a qualified special education child is	18190
entitled to attend school, or the child's school district of	18191
residence if different, shall develop each individualized	18192
education program for the child in accordance with those	18193
provisions.	18194

(C) Each school district shall notify an eligible applicant	18195
of the applicant's and qualified special education child's rights	18196
under sections 3310.51 to 3310.63 of the Revised Code by providing	18197
to each eligible applicant the comparison document prescribed in	18198
section 3323.052 of the Revised Code. An eligible applicant's	18199
receipt of that document, as acknowledged in a format prescribed	18200
by the department of education, shall constitute notice that the	18201
eligible applicant has been informed of those rights. Upon receipt	18202
of that document, subsequent acceptance of a scholarship	18203
constitutes the eligible applicant's informed consent to the	18204
provisions of sections 3310.51 to 3310.63 of the Revised Code.	18205

Sec. 3310.54. As prescribed in divisions (A)(2)(h),	18206
(B)(3)(g), and (B)(5) to (10) of section 3317.03 of the Revised	18207
Code, a qualified special education child in any of grades	18208
kindergarten through twelve for whom a scholarship is awarded	18209
under the special education scholarship pilot program shall be	18210
counted in the formula ADM and category one through six special	18211
education ADM, as appropriate, of the school district in which the	18212
child is entitled to attend school. A qualified special education	18213
child shall not be counted in the formula ADM or category one	18214
through six special education ADM of any other school district.	18215

Sec. 3310.55. The department of education shall deduct from	18216
a school district's state education aid, as defined in section	18217
3317.02 of the Revised Code, and, if necessary, from its payment	18218
under sections 321.24 and 323.156 of the Revised Code, the	18219
aggregate amount of scholarships paid under section 3310.57 of the	18220
Revised Code for qualified special education children included in	18221
the formula ADM and the category one through six special education	18222
ADM of that school district.	18223

Sec. 3310.56. The amount of the scholarship awarded and paid	18224
on behalf of an eligible applicant for services for a qualified	18225
special education child under the special education scholarship	18226
pilot program in each school year shall be the least of the	18227
following:	18228

(A) The amount of fees charged for that school year by the	18229
alternative public provider or registered private provider;	18230

(B) The sum of the amounts calculated under divisions (B)(1)	18231
and (2) of this section:	18232

(1) The sum of the formula amount plus the per pupil amount	18233
of the base funding supplements specified in divisions (C)(1) to	18234
(4) of section 3317.012 of the Revised Code;	18235

(2) The formula amount times the applicable special education	18236
weight for the child's disability;	18237

18238

Sec. 3310.57. The department of education shall make	18239
periodic payments to an alternative public provider or a	18240
registered private provider on behalf of an eligible applicant for	18241
services for each qualified special education child for whom a	18242
scholarship has been awarded. The total of all payments made on	18243
behalf of an applicant in each school year shall not exceed the	18244
amount calculated for the child under section 3310.56 of the	18245
Revised Code.	18246

The scholarship amount shall be proportionately reduced in	18247
the case of a child who is not enrolled in the special education	18248
program of an alternative public provider or a registered private	18249
provider for the entire school year.	18250

In accordance with division (A) of section 3310.62 of the	18251
Revised Code, the department shall make no payments on behalf of	18252
an applicant for a first-time scholarship for a qualified special	18253
education child while any administrative or judicial mediation or	18254
proceedings with respect to the content of the child's	18255
individualized education program are pending.	18256

Sec. 3310.58. No nonpublic school or entity shall receive	18257
payments for services for a qualified special education child	18258
under the special education scholarship pilot program until the	18259
school or entity registers with the superintendent of public	18260
instruction. The superintendent shall register and designate as a	18261
registered private provider any nonpublic school or entity that	18262
meets the following requirements:	18263

(A) The special education program operated by the school or	18264
entity meets the minimum education standards established by the	18265
state board of education.	18266

(B) The school or entity complies with the antidiscrimination	18267
provisions of 42 U.S.C. 2000d, regardless of whether the school or	18268
entity receives federal financial assistance.	18269

(C) If the school or entity is not chartered by the state	18270
board under section 3301.16 of the Revised Code, the school or	18271
entity agrees to comply with section 3319.39 of the Revised Code	18272
as if it were a school district.	18273

(D) The teaching and nonteaching professionals employed by	18274
the school or entity, or employed by any subcontractors of the	18275
school or entity, hold credentials determined by the state board	18276
to be appropriate for the qualified special education children	18277
enrolled in the special education program it operates.	18278

(E) The school or entity meets applicable health and safety	18279
standards established by law for school buildings.	18280

(F) The school or entity agrees to retain on file	18281
documentation as required by the department of education.	18282

(G) The school or entity demonstrates fiscal soundness to the	18283
satisfaction of the department.	18284

(H) The school or entity agrees to meet other requirements	18285
established by rule of the state board under section 3310.63 of	18286
the Revised Code.	18287

Sec. 3310.59. The superintendent of public instruction shall	18288
revoke the registration of any school or entity if, after a	18289
hearing, the superintendent determines that the school or entity	18290
is in violation of any provision of section 3310.58 of the Revised	18291
Code.	18292

Sec. 3310.60. A qualified special education child attending	18293
a special education program at an alternative public provider or a	18294
registered private provider with a scholarship shall be entitled	18295
to transportation to and from that program in the manner	18296
prescribed by law for any child with a disability attending a	18297
nonpublic special education program.	18298

Sec. 3310.61. An eligible applicant on behalf of a child who	18299
currently attends a public special education program under a	18300
contract, compact, or other bilateral agreement, or on behalf of a	18301
child who currently attends a community school, shall not be	18302
prohibited from applying for and accepting a scholarship so that	18303
the applicant may withdraw the child from that program or	18304
community school and use the scholarship for the child to attend a	18305
special education program operated by an alternative public	18306
provider or a registered private provider.	18307

Sec. 3310.62. (A) A scholarship under the special education	18308
scholarship pilot program shall not be awarded for the first time	18309
to an eligible applicant on behalf of a qualified special	18310
education child while the child's individualized education program	18311
is being developed by the school district in which the child is	18312
entitled to attend school, or by the child's school district of	18313
residence if different, or while any administrative or judicial	18314
mediation or proceedings with respect to the content of that	18315
individualized education program are pending.	18316

(B) Development of individualized education programs	18317
subsequent to the one developed for the child the first time a	18318
scholarship was awarded on behalf of the child and the	18319
prosecuting, by the eligible applicant on behalf of the child, of	18320
administrative or judicial mediation or proceedings with respect	18321
to any of those subsequent individualized education programs do	18322
not affect the applicant's and the child's continued eligibility	18323
for scholarship payments.	18324

(C) In the case of any child for whom a scholarship has been	18325
awarded, if the school district in which the child is entitled to	18326
attend school has agreed to provide some services for the child	18327
under an agreement entered into with the eligible applicant or	18328
with the alternative public provider or registered private	18329
provider implementing the child's individualized education	18330
program, or if the district is required by law to provide some	18331
services for the child, including transportation services under	18332
sections 3310.60 and 3327.01 of the Revised Code, the district	18333
shall not discontinue the services it is providing pending	18334
completion of any administrative proceedings regarding those	18335
services. The prosecuting, by the eligible applicant on behalf of	18336
the child, of administrative proceedings regarding the services	18337
provided by the district does not affect the applicant's and the	18338
child's continued eligibility for scholarship payments.	18339

(D) The department of education shall continue to make	18340
payments to the alternative public provider or registered private	18341
provider on behalf of the eligible applicant under section 3310.57	18342
of the Revised Code while either of the following are pending:	18343

(1) Administrative or judicial mediation or proceedings with	18344
respect to a subsequent individualized education program for the	18345
child referred to in division (B) of this section;	18346

(2) Administrative proceedings regarding services provided by	18347
the district under division (C) of this section.	18348

Sec. 3310.63. The state board of education shall adopt rules	18349
in accordance with Chapter 119. of the Revised Code prescribing	18350
procedures necessary to implement sections 3310.51 to 3310.62 of	18351
the Revised Code including, but not limited to, procedures for	18352
parents to apply for scholarships, standards for registered	18353
private providers, and procedures for registration of private	18354
providers.	18355

Sec. 3311.24. (A)(1) Except as provided in division (B) of	18356
this section, if the board of education of a city, exempted	18357
village, or local school district ~~deems it advisable~~shall file	18358
with the state board of education a proposal to transfer territory	18359
from such district to an adjoining city, exempted village, or	18360
local school district~~, or if a~~in any of the following	18361
circumstances:	18362

(a) The district board deems the transfer advisable;

18363

(b) A petition, signed by seventy-five per cent of the	18364
qualified electors residing within that portion of a city,	18365
exempted village, or local school district proposed to be	18366
transferred voting at the last general election, requests such a	18367
transfer~~, the~~;	18368

(c) If no qualified electors reside in that portion of the	18369
district proposed to be transferred, a petition, signed by	18370
seventy-five per cent of the owners of parcels of real property on	18371
the tax duplicate within that portion of the district, requests	18372
such a transfer.	18373

(2) The board of education of the district in which such	18374
proposal originates shall file such proposal, together with a map	18375
showing the boundaries of the territory proposed to be	18376
transferred, with the state board of education prior to the first	18377
day of April in any even-numbered year. The state board of	18378
education may, if it is advisable, provide for a hearing in any	18379
suitable place in any of the school districts affected by such	18380
proposed transfer of territory. The state board of education or	18381
its representatives shall preside at any such hearing.	18382

(3) A board of education of a city, exempted village, or	18383
local school district that receives a petition of transfer signed	18384
by electors of the district under ~~this~~ division (A)(1)(b) of this	18385
section shall cause the board of elections to check the	18386
sufficiency of signatures on the petition. A board of education of	18387
a city, exempted village, or local school district that receives a	18388
petition of transfer signed by owners of parcels of real property	18389
under division (A)(1)(c) of this section shall cause the county	18390
auditor to check the sufficiency of signatures on the petition.	18391

(4) Not later than the first day of September the state board	18392
of education shall either approve or disapprove a proposed	18393
transfer of territory filed with it as provided by this section	18394
and shall notify, in writing, the boards of education of the	18395
districts affected by such proposed transfer of territory of its	18396
decision.	18397

If the decision of the state board of education is an	18398
approval of the proposed transfer of territory then the board of	18399
education of the district in which the territory is located shall,	18400
within thirty days after receiving the state board of education's	18401
decision, adopt a resolution transferring the territory and shall	18402
forthwith submit a copy of such resolution to the treasurer of the	18403
board of education of the city, exempted village, or local school	18404
district to which the territory is transferred. Such transfer	18405
shall not be complete however, until:	18406

~~(1)~~(a) A resolution accepting the transfer has been passed by	18407
a majority vote of the full membership of the board of education	18408
of the city, exempted village, or local school district to which	18409
the territory is transferred;	18410

~~(2)~~(b) An equitable division of the funds and indebtedness	18411
between the districts involved has been made by the board of	18412
education making the transfer;	18413

~~(3)~~(c) A map showing the boundaries of the territory	18414
transferred has been filed, by the board of education accepting	18415
the transfer, with the county auditor of each county affected by	18416
the transfer.	18417

When such transfer is complete the legal title of the school	18418
property in the territory transferred shall be vested in the board	18419
of education or governing board of the school district to which	18420
the territory is transferred.	18421

(B) Whenever the transfer of territory pursuant to this	18422
section is initiated by a board of education, the board shall,	18423
before filing a proposal for transfer with the state board of	18424
education under this section, make a good faith effort to	18425
negotiate the terms of transfer with any other school district	18426
whose territory would be affected by the transfer. Before the	18427
state board may hold a hearing on the transfer, or approve or	18428
disapprove any such transfer, it must receive the following:	18429

(1) A resolution requesting approval of the transfer, passed	18430
by the school district submitting the proposal;	18431

(2) Evidence determined to be sufficient by the state board	18432
to show that good faith negotiations have taken place or that the	18433
district requesting the transfer has made a good faith effort to	18434
hold such negotiations;	18435

(3) If any negotiations took place, a statement signed by all	18436
boards that participated in the negotiations, listing the terms	18437
agreed on and the points on which no agreement could be reached.	18438

Negotiations held pursuant to this section shall be governed	18439
by the rules adopted by the state board under division (D) of	18440
section 3311.06 of the Revised Code. Districts involved in a	18441
transfer under division (B) of this section may agree to share	18442
revenues from the property included in the territory to be	18443
transferred, establish cooperative programs between the	18444
participating districts, and establish mechanisms for the	18445
settlement of any future boundary disputes.	18446

Sec. 3311.51. Nothing in this section or sections 3311.50	18447
and 5705.215 of the Revised Code shall be construed to permit or	18448
require the education of ~~handicapped~~ children with disabilities	18449
other than in the manner required by Chapter 3323. of the Revised	18450
Code. To the maximum extent appropriate, ~~handicapped~~ children with	18451
disabilities shall be educated with ~~nonhandicapped~~nondisabled	18452
children.	18453

The governing board that is taxing authority of a county	18454
school financing district that levies a tax pursuant to section	18455
5705.215 of the Revised Code may, by resolution adopted by	18456
majority vote of its members, expend the proceeds of such tax for	18457
the benefit of school districts with territory in the county	18458
school financing district in accordance with this section and the	18459
resolution to levy the tax.	18460

(A) In the case of a district created for special education,	18461
as described in division (B)(1) of section 3311.50 of the Revised	18462
Code, the proceeds may be expended either:	18463

(1) To pay for operating costs and permanent improvements	18464
necessary to implement and maintain special education programs and	18465
related services in accordance with a contract or agreement	18466
entered into under section 3313.92 or 3323.08 of the Revised Code;	18467

(2) To make grants or otherwise distribute funds to boards of	18468
education with territory in the county school financing district	18469
for special education programs and related services.	18470

(B) In the case of a district created for the provision of	18471
specified educational programs and services as described in	18472
division (B)(2) of section 3311.50 of the Revised Code, the	18473
proceeds may be expended either:	18474

(1) To pay for operating costs and permanent improvements	18475
necessary to implement and maintain specified educational programs	18476
in accordance with a contract or agreement entered into under	18477
section 3313.812, 3313.842, or division (A)(3) of section 3313.90	18478
of the Revised Code;	18479

(2) To make grants or otherwise distribute funds for those	18480
programs to boards of education with territory in the county	18481
school financing district.	18482

(C) In the case of a district created for the making of	18483
permanent improvements under division (B)(3) of section 3311.50 of	18484
the Revised Code, the proceeds shall be expended either:	18485

(1) To pay for the permanent improvements in accordance with	18486
a contract entered into under section 3313.92 of the Revised Code;	18487

(2) To make grants or otherwise distribute funds for those	18488
permanent improvements to boards of education with territory in	18489
the county school financing district.	18490

Sec. 3311.521. (A) The boards of education of any two or	18491
more contiguous city, exempted village, or local school districts	18492
may establish a cooperative education school district in	18493
accordance with this section for the purpose of operating a joint	18494
high school in lieu of each of such boards operating any high	18495
school. Such a cooperative education school district shall only be	18496
established pursuant to the adoption of identical resolutions in	18497
accordance with this section within a sixty-day period by a	18498
majority of the members of the board of education of all such	18499
boards. Upon the adoption of all such resolutions, a copy of each	18500
resolution shall be filed with the state board of education.	18501

The territory of any cooperative education school district	18502
established pursuant to this section shall consist of the	18503
territory of all of the school districts whose boards of education	18504
adopt identical resolutions under this section.	18505

(B) Any resolutions adopted under division (A) of this	18506
section shall include all of the following:	18507

(1) Provision for the date on which the cooperative district	18508
will be created, which date shall be the first day of July in the	18509
year specified in the resolution;	18510

(2) Provision for the composition, selection, and terms of	18511
office of the board of education of the cooperative district,	18512
which provision shall include but not necessarily be limited to	18513
both of the following:	18514

(a) A requirement that the board include at least two members	18515
selected from or by the members of the board of education of each	18516
city, local, and exempted village school district within the	18517
territory of the cooperative district;	18518

(b) Specification of the date by which the initial members of	18519
the board must be selected, which date shall be the same as the	18520
date specified pursuant to division (B)(1) of this section.	18521

(3) Provision for the selection of a superintendent and	18522
treasurer of the cooperative school district, which provision	18523
shall require one of the following:	18524

(a) The selection of one person as both the superintendent	18525
and treasurer of the cooperative district, which provision may	18526
require such person to be the superintendent or treasurer of any	18527
city, local, or exempted village school district within the	18528
territory of the cooperative district;	18529

(b) The selection of one person as the superintendent and	18530
another person as the treasurer of the cooperative district, which	18531
provision may require either one or both such persons to be	18532
superintendents or treasurers of any city, local, or exempted	18533
village school district within the territory of the cooperative	18534
district.	18535

(4) A statement of the high school education program the	18536
board of education of the cooperative education school district	18537
will conduct in lieu of any high school education program being	18538
operated by the boards of education of the city, local, and	18539
exempted village school districts within the territory of the	18540
cooperative district, which statement shall include but not	18541
necessarily be limited to the high school grade levels to be	18542
operated in the program, the timetable for commencing operation of	18543
the program, and the facilities proposed to be used or constructed	18544
to be used by the program;	18545

(5) A statement that the boards of education of the city,	18546
local, and exempted village school districts within the territory	18547
of the cooperative district will not operate any high school	18548
education program for the grade levels operated by the cooperative	18549
district;	18550

(6) A statement of how special education and related services	18551
will be provided in accordance with Chapter 3323. of the Revised	18552
Code to the ~~handicapped~~ children with disabilities who are	18553
identified by each city, exempted village, or local school	18554
district with territory in the cooperative district and who are in	18555
the grade levels to be operated by the cooperative district;	18556

(7) A statement of how transportation of students to and from	18557
school will be provided in the cooperative district, which	18558
statement shall include but not be necessarily limited to both of	18559
the following:	18560

(a) How special education students will be transported as	18561
required by their individualized education program adopted	18562
pursuant to section 3323.08 of the Revised Code;	18563

(b) Whether transportation to and from school will be	18564
provided to any other students of the cooperative district and, if	18565
so, the manner in which this transportation will be provided.	18566

(8) A statement of the annual amount, or the method for	18567
determining the annual amount, of funds or services or facilities	18568
that each city, local, and exempted village school district is	18569
required to pay to or provide for the use of the board of	18570
education of the cooperative education school district;	18571

(9) Provision for adopting amendments to the provisions	18572
adopted pursuant to divisions (B)(3) to (8) of this section, which	18573
provision shall require that any such amendments comply with	18574
divisions (B)(3) to (8) of this section.	18575

(C) Upon the adoption of identical resolutions in accordance	18576
with this section, the cooperative education school district and	18577
board of education of that district specified in and selected in	18578
accordance with such resolutions shall be established on the date	18579
specified in the resolutions. Upon the establishment of the	18580
district and board, the board of the cooperative district shall	18581
give written notice of the creation of the district to the county	18582
auditor and the board of elections of each county having any	18583
territory in the new district.	18584

Sec. 3313.532. (A) Any person twenty-two or more years of	18585
age and enrolled in an adult high school continuation program	18586
established pursuant to section 3313.531 of the Revised Code may	18587
request the board of education operating the program to conduct an	18588
evaluation in accordance with division (C) of this section.	18589

(B) Any applicant to a board of education for a diploma of	18590
adult education under division (B) of section 3313.611 of the	18591
Revised Code may request the board to conduct an evaluation in	18592
accordance with division (C) of this section.	18593

(C) Upon the request of any person pursuant to division (A)	18594
or (B) of this section, the board of education to which the	18595
request is made shall evaluate the person to determine whether the	18596
person is ~~handicapped~~disabled, in accordance with rules adopted	18597
by the state board of education. If the evaluation indicates that	18598
the person is ~~handicapped~~disabled, the board shall determine	18599
whether to excuse the person from taking any of the tests required	18600
by division (B) of section 3301.0710 of the Revised Code as a	18601
requirement for receiving a diploma under section 3313.611 of the	18602
Revised Code. The board may require the person to take an	18603
alternate assessment in place of any test from which the person is	18604
so excused.	18605

Sec. 3313.603. (A) As used in this section:

18606

(1) "One unit" means a minimum of one hundred twenty hours of	18607
course instruction, except that for a laboratory course, "one	18608
unit" means a minimum of one hundred fifty hours of course	18609
instruction.	18610

(2) "One-half unit" means a minimum of sixty hours of course	18611
instruction, except that for physical education courses, "one-half	18612
unit" means a minimum of one hundred twenty hours of course	18613
instruction.	18614

(B) Beginning September 15, 2001, except as required in	18615
division (C) of this section and division (C) of section 3313.614	18616
of the Revised Code, the requirements for graduation from every	18617
high school shall include twenty units earned in grades nine	18618
through twelve and shall be distributed as follows:	18619

(1) English language arts, four units;

18620

(2) Health, one-half unit;

18621

(3) Mathematics, three units;

18622

(4) Physical education, one-half unit;

18623

(5) Science, two units until September 15, 2003, and three	18624
units thereafter, which at all times shall include both of the	18625
following:	18626

(a) Biological sciences, one unit;

18627

(b) Physical sciences, one unit.

18628

(6) Social studies, three units, which shall include both of	18629
the following:	18630

(a) American history, one-half unit;

18631

(b) American government, one-half unit.

18632

(7) Elective units, seven units until September 15, 2003, and	18633
six units thereafter.	18634

Each student's electives shall include at least one unit, or	18635
two half units, chosen from among the areas of	18636
business/technology, fine arts, and/or foreign language.	18637

(C) Beginning with students who enter ninth grade for the	18638
first time on or after July 1, 2010, except as provided in	18639
divisions (D) to (F) of this section, the requirements for	18640
graduation from every public and chartered nonpublic high school	18641
shall include twenty units that are designed to prepare students	18642
for the workforce and college. The units shall be distributed as	18643
follows:	18644

(1) English language arts, four units;

18645

(2) Health, one-half unit;

18646

(3) Mathematics, four units, which shall include one unit of	18647
algebra II or the equivalent of algebra II;	18648

(4) Physical education, one-half unit;

18649

(5) Science, three units with inquiry-based laboratory	18650
experience that engages students in asking valid scientific	18651
questions and gathering and analyzing information, which shall	18652
include the following, or their equivalent:	18653

(a) Physical sciences, one unit;

18654

(b) ~~Biology~~Life sciences, one unit;

18655

(c) Advanced study in one or more of the following sciences,	18656
one unit:	18657

(i) Chemistry, physics, or other physical science;

18658

(ii) Advanced biology or other life science;

18659

(iii) Astronomy, physical geology, or other earth or space	18660
science.	18661

(6) Social studies, three units, which shall include both of	18662
the following:	18663

(a) American history, one-half unit;

18664

(b) American government, one-half unit.

18665

Each school shall integrate the study of economics and	18666
financial literacy, as expressed in the social studies academic	18667
content standards adopted by the state board of education under	18668
section 3301.079 of the Revised Code, into one or more existing	18669
social studies credits required under division (C)(6) of this	18670
section, or into the content of another class, so that every high	18671
school student receives instruction in those concepts. In	18672
developing the curriculum required by this paragraph, schools	18673
shall use available public-private partnerships and resources and	18674
materials that exist in business, industry, and through the	18675
centers for economics education at institutions of higher	18676
education in the state.	18677

(7) Five units consisting of one or any combination of	18678
foreign language, fine arts, business, career-technical education,	18679
family and consumer sciences, technology, agricultural education,	18680
or English language arts, mathematics, science, or social studies	18681
courses not otherwise required under division (C) of this section.	18682

Ohioans must be prepared to apply increased knowledge and	18683
skills in the workplace and to adapt their knowledge and skills	18684
quickly to meet the rapidly changing conditions of the	18685
twenty-first century. National studies indicate that all high	18686
school graduates need the same academic foundation, regardless of	18687
the opportunities they pursue after graduation. The goal of Ohio's	18688
system of elementary and secondary education is to prepare all	18689
students for and seamlessly connect all students to success in	18690
life beyond high school graduation, regardless of whether the next	18691
step is entering the workforce, beginning an apprenticeship,	18692
engaging in post-secondary training, serving in the military, or	18693
pursuing a college degree.	18694

The Ohio core curriculum is the standard expectation for all	18695
students entering ninth grade for the first time at a public or	18696
chartered nonpublic high school on or after July 1, 2010. A	18697
student may satisfy this expectation through a variety of methods,	18698
including, but not limited to, integrated, applied,	18699
career-technical, and traditional coursework.	18700

Whereas teacher quality is essential for student success in	18701
completing the Ohio core curriculum, the general assembly shall	18702
appropriate funds for strategic initiatives designed to strengthen	18703
schools' capacities to hire and retain highly qualified teachers	18704
in the subject areas required by the curriculum. Such initiatives	18705
are expected to require an investment of $120,000,000 over five	18706
years.	18707

Stronger coordination between high schools and institutions	18708
of higher education is necessary to prepare students for more	18709
challenging academic endeavors and to lessen the need for academic	18710
remediation in college, thereby reducing the costs of higher	18711
education for Ohio's students, families, and the state. The state	18712
board of education, the Ohio board of regents, and the partnership	18713
for continued learning shall develop policies to ensure that only	18714
in rare instances will students who complete the Ohio core	18715
curriculum require academic remediation after high school.	18716

School districts, community schools, and chartered nonpublic	18717
schools shall integrate technology into learning experiences	18718
whenever practicable across the curriculum in order to maximize	18719
efficiency, enhance learning, and prepare students for success in	18720
the technology-driven twenty-first century. Districts and schools	18721
may use distance and web-based course delivery as a method of	18722
providing or augmenting all instruction required under this	18723
division, including laboratory experience in science. Districts	18724
and schools shall whenever practicable utilize technology access	18725
and electronic learning opportunities provided by the eTech Ohio	18726
commission, the Ohio learning network, education technology	18727
centers, public television stations, and other public and private	18728
providers.	18729

(D) Except as provided in division (E) of this section, a	18730
student who enters ninth grade on or after July 1, 2010, and	18731
before July 1, 2014, may qualify for graduation from a public or	18732
chartered nonpublic high school even though the student has not	18733
completed the Ohio core curriculum prescribed in division (C) of	18734
this section if all of the following conditions are satisfied:	18735

(1) After the student has attended high school for two years,	18736
as determined by the school, the student and the student's parent,	18737
guardian, or custodian sign and file with the school a written	18738
statement asserting the parent's, guardian's, or custodian's	18739
consent to the student's graduating without completing the Ohio	18740
core curriculum and acknowledging that one consequence of not	18741
completing the Ohio core curriculum is ineligibility to enroll in	18742
most state universities in Ohio without further coursework.	18743

(2) The student and parent, guardian, or custodian fulfill	18744
any procedural requirements the school stipulates to ensure the	18745
student's and parent's, guardian's, or custodian's informed	18746
consent and to facilitate orderly filing of statements under	18747
division (D)(1) of this section.	18748

(3) The student and the student's parent, guardian, or	18749
custodian and a representative of the student's high school	18750
jointly develop an individual career plan for the student that	18751
specifies the student matriculating to a two-year degree program,	18752
acquiring a business and industry credential, or entering an	18753
apprenticeship.	18754

(4) The student's high school provides counseling and support	18755
for the student related to the plan developed under division	18756
(D)(3) of this section during the remainder of the student's high	18757
school experience.	18758

(5) The student successfully completes, at a minimum, the	18759
curriculum prescribed in division (B) of this section.	18760

The partnership for continued learning, in collaboration with	18761
the department of education and the Ohio board of regents, shall	18762
analyze student performance data to determine if there are	18763
mitigating factors that warrant extending the exception permitted	18764
by division (D) of this section to high school classes beyond	18765
those entering ninth grade before July 1, 2014. The partnership	18766
shall submit its findings and any recommendations not later than	18767
August 1, 2014, to the speaker and minority leader of the house of	18768
representatives, the president and minority leader of the senate,	18769
the chairpersons and ranking minority members of the standing	18770
committees of the house of representatives and the senate that	18771
consider education legislation, the state board of education, and	18772
the superintendent of public instruction.	18773

(E) Each school district and chartered nonpublic school	18774
retains the authority to require an even more rigorous minimum	18775
curriculum for high school graduation than specified in division	18776
(B) or (C) of this section. A school district board of education,	18777
through the adoption of a resolution, or the governing authority	18778
of a chartered nonpublic school may stipulate any of the	18779
following:	18780

(1) A minimum high school curriculum that requires more than	18781
twenty units of academic credit to graduate;	18782

(2) An exception to the district's or school's minimum high	18783
school curriculum that is comparable to the exception provided in	18784
division (D) of this section but with additional requirements,	18785
which may include a requirement that the student successfully	18786
complete more than the minimum curriculum prescribed in division	18787
(B) of this section;	18788

(3) That no exception comparable to that provided in division	18789
(D) of this section is available.	18790

(F) A student enrolled in a dropout prevention and recovery	18791
program, which program has received a waiver from the department	18792
of education, may qualify for graduation from high school by	18793
successfully completing a competency-based instructional program	18794
administered by the dropout prevention and recovery program in	18795
lieu of completing the Ohio core curriculum prescribed in division	18796
(C) of this section. The department shall grant a waiver to a	18797
dropout prevention and recovery program, within sixty days after	18798
the program applies for the waiver, if the program meets all of	18799
the following conditions:	18800

(1) The program serves only students not younger than sixteen	18801
years of age and not older than twenty-one years of age.	18802

(2) The program enrolls students who, at the time of their	18803
initial enrollment, either, or both, are at least one grade level	18804
behind their cohort age groups or experience crises that	18805
significantly interfere with their academic progress such that	18806
they are prevented from continuing their traditional programs.	18807

(3) The program requires students to attain at least the	18808
applicable score designated for each of the tests prescribed under	18809
division (B) of section 3301.0710 of the Revised Code.	18810

(4) The program develops an individual career plan for the	18811
student that specifies the student's matriculating to a two-year	18812
degree program, acquiring a business and industry credential, or	18813
entering an apprenticeship.	18814

(5) The program provides counseling and support for the	18815
student related to the plan developed under division (F)(4) of	18816
this section during the remainder of the student's high school	18817
experience.	18818

(6) The program requires the student and the student's	18819
parent, guardian, or custodian to sign and file, in accordance	18820
with procedural requirements stipulated by the program, a written	18821
statement asserting the parent's, guardian's, or custodian's	18822
consent to the student's graduating without completing the Ohio	18823
core curriculum and acknowledging that one consequence of not	18824
completing the Ohio core curriculum is ineligibility to enroll in	18825
most state universities in Ohio without further coursework.	18826

(7) Prior to receiving the waiver, the program has submitted	18827
to the department an instructional plan that demonstrates how the	18828
academic content standards adopted by the state board of education	18829
under section 3301.079 of the Revised Code will be taught and	18830
assessed.	18831

If the department does not act either to grant the waiver or	18832
to reject the program application for the waiver within sixty days	18833
as required under this section, the waiver shall be considered to	18834
be granted.	18835

(G) Every high school may permit students below the ninth	18836
grade to take advanced work for high school credit. A high school	18837
shall count such advanced work toward the graduation requirements	18838
of division (B) or (C) of this section if the advanced work was	18839
both:	18840

(1) Taught by a person who possesses a license or certificate	18841
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	18842
Code that is valid for teaching high school;	18843

(2) Designated by the board of education of the city, local,	18844
or exempted village school district, the board of the cooperative	18845
education school district, or the governing authority of the	18846
chartered nonpublic school as meeting the high school curriculum	18847
requirements.	18848

Each high school shall record on the student's high school	18849
transcript all high school credit awarded under division (G) of	18850
this section. In addition, if the student completed a seventh- or	18851
eighth-grade fine arts course described in division (K) of this	18852
section and the course qualified for high school credit under that	18853
division, the high school shall record that course on the	18854
student's high school transcript.	18855

(H) The department shall make its individual academic career	18856
plan available through its Ohio career information system web site	18857
for districts and schools to use as a tool for communicating with	18858
and providing guidance to students and families in selecting high	18859
school courses.	18860

(I) Units earned in English language arts, mathematics,	18861
science, and social studies that are delivered through integrated	18862
academic and career-technical instruction are eligible to meet the	18863
graduation requirements of division (B) or (C) of this section.	18864

(J) The state board of education, in consultation with the	18865
Ohio board of regents and the partnership for continued learning,	18866
shall adopt a statewide plan implementing methods for students to	18867
earn units of high school credit based on a demonstration of	18868
subject area competency, instead of or in combination with	18869
completing hours of classroom instruction. The state board shall	18870
adopt the plan not later than March 31, 2009, and commence phasing	18871
in the plan during the 2009-2010 school year. The plan shall	18872
include a standard method for recording demonstrated proficiency	18873
on high school transcripts. Each school district, community	18874
school, and chartered nonpublic school shall comply with the state	18875
board's plan adopted under this division and award units of high	18876
school credit in accordance with the plan. The state board may	18877
adopt existing methods for earning high school credit based on a	18878
demonstration of subject area competency as necessary prior to the	18879
2009-2010 school year.	18880

(K) This division does not apply to students who qualify for	18881
graduation from high school under division (D) or (F) of this	18882
section, or to students pursuing a career-technical instructional	18883
track as determined by the school district board of education or	18884
the chartered nonpublic school's governing authority.	18885
Nevertheless, the general assembly encourages such students to	18886
consider enrolling in a fine arts course as an elective.	18887

Beginning with students who enter ninth grade for the first	18888
time on or after July 1, 2010, each student enrolled in a public	18889
or chartered nonpublic high school shall complete two semesters or	18890
the equivalent of fine arts to graduate from high school. The	18891
coursework may be completed in any of grades seven to twelve. Each	18892
student who completes a fine arts course in grade seven or eight	18893
may elect to count that course toward the five units of electives	18894
required for graduation under division (C)(7) of this section, if	18895
the course satisfied the requirements of division (G) of this	18896
section. In that case, the high school shall award the student	18897
high school credit for the course and count the course toward the	18898
five units required under division (C)(7) of this section. If the	18899
course in grade seven or eight did not satisfy the requirements of	18900
division (G) of this section, the high school shall not award the	18901
student high school credit for the course but shall count the	18902
course toward the two semesters or the equivalent of fine arts	18903
required by this division.	18904

(L) Notwithstanding anything to the contrary in this section,	18905
the board of education of each school district and the governing	18906
authority of each chartered nonpublic school may adopt a policy to	18907
excuse from the high school physical education requirement each	18908
student who, during high school, has participated in	18909
interscholastic athletics, marching band, or cheerleading for at	18910
least two full seasons. If the board or authority adopts such a	18911
policy, the board or authority shall not require the student to	18912
complete any physical education course as a condition to graduate.	18913
However, the student shall be required to complete one-half unit,	18914
consisting of at least sixty hours of instruction, in another	18915
course of study.	18916

Sec. 3313.615. This section shall apply to diplomas awarded	18917
after September 15, 2006, to students who are required to take the	18918
five Ohio graduation tests prescribed by division (B) of section	18919
3301.0710 of the Revised Code.	18920

(A) As an alternative to the requirement that a person attain	18921
the scores designated under division (B) of section 3301.0710 of	18922
the Revised Code on all the tests required under that division in	18923
order to be eligible for a high school diploma or an honors	18924
diploma under sections 3313.61, 3313.612, or 3325.08 of the	18925
Revised Code or for a diploma of adult education under section	18926
3313.611 of the Revised Code, a person who has attained at least	18927
the applicable scores designated under division (B) of section	18928
3301.0710 of the Revised Code on all but one of the tests required	18929
by that division and from which the person was not excused or	18930
exempted, pursuant to division ~~(H) or~~ (L) of section 3313.61,	18931
division (B)(1) of section 3313.612, or section 3313.532 of the	18932
Revised Code, may be awarded a diploma or honors diploma if the	18933
person has satisfied all of the following conditions:	18934

(1) On the one test required under division (B) of section	18935
3301.0710 of the Revised Code for which the person failed to	18936
attain the designated score, the person missed that score by ten	18937
points or less;	18938

(2) Has a ninety-seven per cent school attendance rate in	18939
each of the last four school years, excluding any excused	18940
absences;	18941

(3) Has not been expelled from school under section 3313.66	18942
of the Revised Code in any of the last four school years;	18943

(4) Has a grade point average of at least 2.5 out of 4.0, or	18944
its equivalent as designated in rules adopted by the state board	18945
of education, in the subject area of the test required under	18946
division (B) of section 3301.0710 of the Revised Code for which	18947
the person failed to attain the designated score;	18948

(5) Has completed the high school curriculum requirements	18949
prescribed in section 3313.603 of the Revised Code or has	18950
qualified under division (D) or (F) of that section;	18951

(6) Has taken advantage of any intervention programs provided	18952
by the school district or school in the subject area described in	18953
division (A)(4) of this section and has a ninety-seven per cent	18954
attendance rate, excluding any excused absences, in any of those	18955
programs that are provided at times beyond the normal school day,	18956
school week, or school year or has received comparable	18957
intervention services from a source other than the school district	18958
or school;	18959

(7) Holds a letter recommending graduation from each of the	18960
person's high school teachers in the subject area described in	18961
division (A)(4) of this section and from the person's high school	18962
principal.	18963

(B) The state board of education shall establish rules	18964
designating grade point averages equivalent to the average	18965
specified in division (A)(4) of this section for use by school	18966
districts and schools with different grading systems.	18967

(C) Any student who is exempt from attaining the applicable	18968
score designated under division (B) of section 3301.0710 of the	18969
Revised Code on the Ohio graduation test in social studies	18970
pursuant to division (H) of section 3313.61 or division (B)(2) of	18971
section 3313.612 of the Revised Code shall not qualify for a high	18972
school diploma under this section, unless, notwithstanding the	18973
exemption, the student attains the applicable score on that test.	18974
If the student attains the applicable score on that test, the	18975
student may qualify for a diploma under this section in the same	18976
manner as any other student who is required to take the five Ohio	18977
graduation tests prescribed by division (B) of section 3301.0710	18978
of the Revised Code.	18979

Sec. 3313.64. (A) As used in this section and in section	18980
3313.65 of the Revised Code:	18981

(1)(a) Except as provided in division (A)(1)(b) of this	18982
section, "parent" means either parent, unless the parents are	18983
separated or divorced or their marriage has been dissolved or	18984
annulled, in which case "parent" means the parent who is the	18985
residential parent and legal custodian of the child. When a child	18986
is in the legal custody of a government agency or a person other	18987
than the child's natural or adoptive parent, "parent" means the	18988
parent with residual parental rights, privileges, and	18989
responsibilities. When a child is in the permanent custody of a	18990
government agency or a person other than the child's natural or	18991
adoptive parent, "parent" means the parent who was divested of	18992
parental rights and responsibilities for the care of the child and	18993
the right to have the child live with the parent and be the legal	18994
custodian of the child and all residual parental rights,	18995
privileges, and responsibilities.	18996

(b) When a child is the subject of a power of attorney	18997
executed under sections 3109.51 to 3109.62 of the Revised Code,	18998
"parent" means the grandparent designated as attorney in fact	18999
under the power of attorney. When a child is the subject of a	19000
caretaker authorization affidavit executed under sections 3109.64	19001
to 3109.73 of the Revised Code, "parent" means the grandparent	19002
that executed the affidavit.	19003

(2) "Legal custody," "permanent custody," and "residual	19004
parental rights, privileges, and responsibilities" have the same	19005
meanings as in section 2151.011 of the Revised Code.	19006

(3) "School district" or "district" means a city, local, or	19007
exempted village school district and excludes any school operated	19008
in an institution maintained by the department of youth services.	19009

(4) Except as used in division (C)(2) of this section, "home"	19010
means a home, institution, foster home, group home, or other	19011
residential facility in this state that receives and cares for	19012
children, to which any of the following applies:	19013

(a) The home is licensed, certified, or approved for such	19014
purpose by the state or is maintained by the department of youth	19015
services.	19016

(b) The home is operated by a person who is licensed,	19017
certified, or approved by the state to operate the home for such	19018
purpose.	19019

(c) The home accepted the child through a placement by a	19020
person licensed, certified, or approved to place a child in such a	19021
home by the state.	19022

(d) The home is a children's home created under section	19023
5153.21 or 5153.36 of the Revised Code.	19024

(5) "Agency" means all of the following:

19025

(a) A public children services agency;

19026

(b) An organization that holds a certificate issued by the	19027
Ohio department of job and family services in accordance with the	19028
requirements of section 5103.03 of the Revised Code and assumes	19029
temporary or permanent custody of children through commitment,	19030
agreement, or surrender, and places children in family homes for	19031
the purpose of adoption;	19032

(c) Comparable agencies of other states or countries that	19033
have complied with applicable requirements of section 2151.39, or	19034
sections 5103.20 to 5103.22 of the Revised Code.	19035

(6) A child is placed for adoption if either of the following	19036
occurs:	19037

(a) An agency to which the child has been permanently	19038
committed or surrendered enters into an agreement with a person	19039
pursuant to section 5103.16 of the Revised Code for the care and	19040
adoption of the child.	19041

(b) The child's natural parent places the child pursuant to	19042
section 5103.16 of the Revised Code with a person who will care	19043
for and adopt the child.	19044

(7) "~~Handicapped preschool~~Preschool child with a disability"	19045
~~means a handicapped child, as defined by division (A) of~~has the	19046
same meaning as in section 3323.01 of the Revised Code~~, who is at~~	19047
~~least three years of age but is not of compulsory school age, as~~	19048
~~defined in section 3321.01 of the Revised Code, and who is not~~	19049
~~currently enrolled in kindergarten~~.	19050

(8) "Child," unless otherwise indicated, includes ~~handicapped~~	19051
preschool children with disabilities.	19052

(9) "Active duty" means active duty pursuant to an executive	19053
order of the president of the United States, an act of the	19054
congress of the United States, or section 5919.29 or 5923.21 of	19055
the Revised Code.	19056

(B) Except as otherwise provided in section 3321.01 of the	19057
Revised Code for admittance to kindergarten and first grade, a	19058
child who is at least five but under twenty-two years of age and	19059
any ~~handicapped~~ preschool child with a disability shall be	19060
admitted to school as provided in this division.	19061

(1) A child shall be admitted to the schools of the school	19062
district in which the child's parent resides.	19063

(2) A child who does not reside in the district where the	19064
child's parent resides shall be admitted to the schools of the	19065
district in which the child resides if any of the following	19066
applies:	19067

(a) The child is in the legal or permanent custody of a	19068
government agency or a person other than the child's natural or	19069
adoptive parent.	19070

(b) The child resides in a home.

19071

19072

(3) A child who is not entitled under division (B)(2) of this	19073
section to be admitted to the schools of the district where the	19074
child resides and who is residing with a resident of this state	19075
with whom the child has been placed for adoption shall be admitted	19076
to the schools of the district where the child resides unless	19077
either of the following applies:	19078

(a) The placement for adoption has been terminated.

19079

(b) Another school district is required to admit the child	19080
under division (B)(1) of this section.	19081

Division (B) of this section does not prohibit the board of	19082
education of a school district from placing a ~~handicapped~~ child	19083
with a disability who resides in the district in a special	19084
education program outside of the district or its schools in	19085
compliance with Chapter 3323. of the Revised Code.	19086

(C) A district shall not charge tuition for children admitted	19087
under division (B)(1) or (3) of this section. If the district	19088
admits a child under division (B)(2) of this section, tuition	19089
shall be paid to the district that admits the child as follows:	19090

(1) If the child receives special education in accordance	19091
with Chapter 3323. of the Revised Code, the school district of	19092
residence, as defined in section 3323.01 of the Revised Code,	19093
shall pay tuition for the child in accordance with section	19094
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	19095
regardless of who has custody of the child or whether the child	19096
resides in a home.	19097

(2) For a child that does not receive special education in	19098
accordance with Chapter 3323. of the Revised Code, except as	19099
otherwise provided in division (C)(2)(d) of this section, if the	19100
child is in the permanent or legal custody of a government agency	19101
or person other than the child's parent, tuition shall be paid by:	19102

(a) The district in which the child's parent resided at the	19103
time the court removed the child from home or at the time the	19104
court vested legal or permanent custody of the child in the person	19105
or government agency, whichever occurred first;	19106

(b) If the parent's residence at the time the court removed	19107
the child from home or placed the child in the legal or permanent	19108
custody of the person or government agency is unknown, tuition	19109
shall be paid by the district in which the child resided at the	19110
time the child was removed from home or placed in legal or	19111
permanent custody, whichever occurred first;	19112

(c) If a school district cannot be established under division	19113
(C)(2)(a) or (b) of this section, tuition shall be paid by the	19114
district determined as required by section 2151.362 of the Revised	19115
Code by the court at the time it vests custody of the child in the	19116
person or government agency;	19117

(d) If at the time the court removed the child from home or	19118
vested legal or permanent custody of the child in the person or	19119
government agency, whichever occurred first, one parent was in a	19120
residential or correctional facility or a juvenile residential	19121
placement and the other parent, if living and not in such a	19122
facility or placement, was not known to reside in this state,	19123
tuition shall be paid by the district determined under division	19124
(D) of section 3313.65 of the Revised Code as the district	19125
required to pay any tuition while the parent was in such facility	19126
or placement;	19127

(e) If the ~~court has modified its order as to which district~~	19128
department of education has determined, pursuant to division	19129
(A)(2) of section 2151.362 of the Revised Code, that a school	19130
district other than the one named in the court's initial order, or	19131
in a prior determination of the department, is responsible to bear	19132
the cost of educating the child ~~pursuant to division (A)(2) of~~	19133
~~section 2151.362 of the Revised Code~~, the district so determined	19134
toshall be responsible for that cost ~~in the order so modified~~.	19135

(3) If the child is not in the permanent or legal custody of	19136
a government agency or person other than the child's parent and	19137
the child resides in a home, tuition shall be paid by one of the	19138
following:	19139

(a) The school district in which the child's parent resides;

19140

(b) If the child's parent is not a resident of this state,	19141
the home in which the child resides.	19142

(D) Tuition required to be paid under divisions (C)(2) and	19143
(3)(a) of this section shall be computed in accordance with	19144
section 3317.08 of the Revised Code. Tuition required to be paid	19145
under division (C)(3)(b) of this section shall be computed in	19146
accordance with section 3317.081 of the Revised Code. If a home	19147
fails to pay the tuition required by division (C)(3)(b) of this	19148
section, the board of education providing the education may	19149
recover in a civil action the tuition and the expenses incurred in	19150
prosecuting the action, including court costs and reasonable	19151
attorney's fees. If the prosecuting attorney or city director of	19152
law represents the board in such action, costs and reasonable	19153
attorney's fees awarded by the court, based upon the prosecuting	19154
attorney's, director's, or one of their designee's time spent	19155
preparing and presenting the case, shall be deposited in the	19156
county or city general fund.	19157

(E) A board of education may enroll a child free of any	19158
tuition obligation for a period not to exceed sixty days, on the	19159
sworn statement of an adult resident of the district that the	19160
resident has initiated legal proceedings for custody of the child.	19161

(F) In the case of any individual entitled to attend school	19162
under this division, no tuition shall be charged by the school	19163
district of attendance and no other school district shall be	19164
required to pay tuition for the individual's attendance.	19165
Notwithstanding division (B), (C), or (E) of this section:	19166

(1) All persons at least eighteen but under twenty-two years	19167
of age who live apart from their parents, support themselves by	19168
their own labor, and have not successfully completed the high	19169
school curriculum or the individualized education program	19170
developed for the person by the high school pursuant to section	19171
3323.08 of the Revised Code, are entitled to attend school in the	19172
district in which they reside.	19173

(2) Any child under eighteen years of age who is married is	19174
entitled to attend school in the child's district of residence.	19175

(3) A child is entitled to attend school in the district in	19176
which either of the child's parents is employed if the child has a	19177
medical condition that may require emergency medical attention.	19178
The parent of a child entitled to attend school under division	19179
(F)(3) of this section shall submit to the board of education of	19180
the district in which the parent is employed a statement from the	19181
child's physician certifying that the child's medical condition	19182
may require emergency medical attention. The statement shall be	19183
supported by such other evidence as the board may require.	19184

(4) Any child residing with a person other than the child's	19185
parent is entitled, for a period not to exceed twelve months, to	19186
attend school in the district in which that person resides if the	19187
child's parent files an affidavit with the superintendent of the	19188
district in which the person with whom the child is living resides	19189
stating all of the following:	19190

(a) That the parent is serving outside of the state in the	19191
armed services of the United States;	19192

(b) That the parent intends to reside in the district upon	19193
returning to this state;	19194

(c) The name and address of the person with whom the child is	19195
living while the parent is outside the state.	19196

(5) Any child under the age of twenty-two years who, after	19197
the death of a parent, resides in a school district other than the	19198
district in which the child attended school at the time of the	19199
parent's death is entitled to continue to attend school in the	19200
district in which the child attended school at the time of the	19201
parent's death for the remainder of the school year, subject to	19202
approval of that district board.	19203

(6) A child under the age of twenty-two years who resides	19204
with a parent who is having a new house built in a school district	19205
outside the district where the parent is residing is entitled to	19206
attend school for a period of time in the district where the new	19207
house is being built. In order to be entitled to such attendance,	19208
the parent shall provide the district superintendent with the	19209
following:	19210

(a) A sworn statement explaining the situation, revealing the	19211
location of the house being built, and stating the parent's	19212
intention to reside there upon its completion;	19213

(b) A statement from the builder confirming that a new house	19214
is being built for the parent and that the house is at the	19215
location indicated in the parent's statement.	19216

(7) A child under the age of twenty-two years residing with a	19217
parent who has a contract to purchase a house in a school district	19218
outside the district where the parent is residing and who is	19219
waiting upon the date of closing of the mortgage loan for the	19220
purchase of such house is entitled to attend school for a period	19221
of time in the district where the house is being purchased. In	19222
order to be entitled to such attendance, the parent shall provide	19223
the district superintendent with the following:	19224

(a) A sworn statement explaining the situation, revealing the	19225
location of the house being purchased, and stating the parent's	19226
intent to reside there;	19227

(b) A statement from a real estate broker or bank officer	19228
confirming that the parent has a contract to purchase the house,	19229
that the parent is waiting upon the date of closing of the	19230
mortgage loan, and that the house is at the location indicated in	19231
the parent's statement.	19232

The district superintendent shall establish a period of time	19233
not to exceed ninety days during which the child entitled to	19234
attend school under division (F)(6) or (7) of this section may	19235
attend without tuition obligation. A student attending a school	19236
under division (F)(6) or (7) of this section shall be eligible to	19237
participate in interscholastic athletics under the auspices of	19238
that school, provided the board of education of the school	19239
district where the student's parent resides, by a formal action,	19240
releases the student to participate in interscholastic athletics	19241
at the school where the student is attending, and provided the	19242
student receives any authorization required by a public agency or	19243
private organization of which the school district is a member	19244
exercising authority over interscholastic sports.	19245

(8) A child whose parent is a full-time employee of a city,	19246
local, or exempted village school district, or of an educational	19247
service center, may be admitted to the schools of the district	19248
where the child's parent is employed, or in the case of a child	19249
whose parent is employed by an educational service center, in the	19250
district that serves the location where the parent's job is	19251
primarily located, provided the district board of education	19252
establishes such an admission policy by resolution adopted by a	19253
majority of its members. Any such policy shall take effect on the	19254
first day of the school year and the effective date of any	19255
amendment or repeal may not be prior to the first day of the	19256
subsequent school year. The policy shall be uniformly applied to	19257
all such children and shall provide for the admission of any such	19258
child upon request of the parent. No child may be admitted under	19259
this policy after the first day of classes of any school year.	19260

(9) A child who is with the child's parent under the care of	19261
a shelter for victims of domestic violence, as defined in section	19262
3113.33 of the Revised Code, is entitled to attend school free in	19263
the district in which the child is with the child's parent, and no	19264
other school district shall be required to pay tuition for the	19265
child's attendance in that school district.	19266

The enrollment of a child in a school district under this	19267
division shall not be denied due to a delay in the school	19268
district's receipt of any records required under section 3313.672	19269
of the Revised Code or any other records required for enrollment.	19270
Any days of attendance and any credits earned by a child while	19271
enrolled in a school district under this division shall be	19272
transferred to and accepted by any school district in which the	19273
child subsequently enrolls. The state board of education shall	19274
adopt rules to ensure compliance with this division.	19275

(10) Any child under the age of twenty-two years whose parent	19276
has moved out of the school district after the commencement of	19277
classes in the child's senior year of high school is entitled,	19278
subject to the approval of that district board, to attend school	19279
in the district in which the child attended school at the time of	19280
the parental move for the remainder of the school year and for one	19281
additional semester or equivalent term. A district board may also	19282
adopt a policy specifying extenuating circumstances under which a	19283
student may continue to attend school under division (F)(10) of	19284
this section for an additional period of time in order to	19285
successfully complete the high school curriculum for the	19286
individualized education program developed for the student by the	19287
high school pursuant to section 3323.08 of the Revised Code.	19288

(11) As used in this division, "grandparent" means a parent	19289
of a parent of a child. A child under the age of twenty-two years	19290
who is in the custody of the child's parent, resides with a	19291
grandparent, and does not require special education is entitled to	19292
attend the schools of the district in which the child's	19293
grandparent resides, provided that, prior to such attendance in	19294
any school year, the board of education of the school district in	19295
which the child's grandparent resides and the board of education	19296
of the school district in which the child's parent resides enter	19297
into a written agreement specifying that good cause exists for	19298
such attendance, describing the nature of this good cause, and	19299
consenting to such attendance.	19300

In lieu of a consent form signed by a parent, a board of	19301
education may request the grandparent of a child attending school	19302
in the district in which the grandparent resides pursuant to	19303
division (F)(11) of this section to complete any consent form	19304
required by the district, including any authorization required by	19305
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	19306
Code. Upon request, the grandparent shall complete any consent	19307
form required by the district. A school district shall not incur	19308
any liability solely because of its receipt of a consent form from	19309
a grandparent in lieu of a parent.	19310

Division (F)(11) of this section does not create, and shall	19311
not be construed as creating, a new cause of action or substantive	19312
legal right against a school district, a member of a board of	19313
education, or an employee of a school district. This section does	19314
not affect, and shall not be construed as affecting, any	19315
immunities from defenses to tort liability created or recognized	19316
by Chapter 2744. of the Revised Code for a school district,	19317
member, or employee.	19318

(12) A child under the age of twenty-two years is entitled to	19319
attend school in a school district other than the district in	19320
which the child is entitled to attend school under division (B),	19321
(C), or (E) of this section provided that, prior to such	19322
attendance in any school year, both of the following occur:	19323

(a) The superintendent of the district in which the child is	19324
entitled to attend school under division (B), (C), or (E) of this	19325
section contacts the superintendent of another district for	19326
purposes of this division;	19327

(b) The superintendents of both districts enter into a	19328
written agreement that consents to the attendance and specifies	19329
that the purpose of such attendance is to protect the student's	19330
physical or mental well-being or to deal with other extenuating	19331
circumstances deemed appropriate by the superintendents.	19332

While an agreement is in effect under this division for a	19333
student who is not receiving special education under Chapter 3323.	19334
of the Revised Code and notwithstanding Chapter 3327. of the	19335
Revised Code, the board of education of neither school district	19336
involved in the agreement is required to provide transportation	19337
for the student to and from the school where the student attends.	19338

A student attending a school of a district pursuant to this	19339
division shall be allowed to participate in all student	19340
activities, including interscholastic athletics, at the school	19341
where the student is attending on the same basis as any student	19342
who has always attended the schools of that district while of	19343
compulsory school age.	19344

(13) All school districts shall comply with the	19345
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	19346
seq., for the education of homeless children. Each city, local,	19347
and exempted village school district shall comply with the	19348
requirements of that act governing the provision of a free,	19349
appropriate public education, including public preschool, to each	19350
homeless child.	19351

When a child loses permanent housing and becomes a homeless	19352
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	19353
such a homeless person changes temporary living arrangements, the	19354
child's parent or guardian shall have the option of enrolling the	19355
child in either of the following:	19356

(a) The child's school of origin, as defined in 42 U.S.C.A.	19357
11432(g)(3)(C);	19358

(b) The school that is operated by the school district in	19359
which the shelter where the child currently resides is located and	19360
that serves the geographic area in which the shelter is located.	19361

(14) A child under the age of twenty-two years who resides	19362
with a person other than the child's parent is entitled to attend	19363
school in the school district in which that person resides if both	19364
of the following apply:	19365

(a) That person has been appointed, through a military power	19366
of attorney executed under section 574(a) of the "National Defense	19367
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	19368
U.S.C. 1044b, or through a comparable document necessary to	19369
complete a family care plan, as the parent's agent for the care,	19370
custody, and control of the child while the parent is on active	19371
duty as a member of the national guard or a reserve unit of the	19372
armed forces of the United States or because the parent is a	19373
member of the armed forces of the United States and is on a duty	19374
assignment away from the parent's residence.	19375

(b) The military power of attorney or comparable document	19376
includes at least the authority to enroll the child in school.	19377

The entitlement to attend school in the district in which the	19378
parent's agent under the military power of attorney or comparable	19379
document resides applies until the end of the school year in which	19380
the military power of attorney or comparable document expires.	19381

(G) A board of education, after approving admission, may	19382
waive tuition for students who will temporarily reside in the	19383
district and who are either of the following:	19384

(1) Residents or domiciliaries of a foreign nation who	19385
request admission as foreign exchange students;	19386

(2) Residents or domiciliaries of the United States but not	19387
of Ohio who request admission as participants in an exchange	19388
program operated by a student exchange organization.	19389

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	19390
3327.04, and 3327.06 of the Revised Code, a child may attend	19391
school or participate in a special education program in a school	19392
district other than in the district where the child is entitled to	19393
attend school under division (B) of this section.	19394

(I)(1) Notwithstanding anything to the contrary in this	19395
section or section 3313.65 of the Revised Code, a child under	19396
twenty-two years of age may attend school in the school district	19397
in which the child, at the end of the first full week of October	19398
of the school year, was entitled to attend school as otherwise	19399
provided under this section or section 3313.65 of the Revised	19400
Code, if at that time the child was enrolled in the schools of the	19401
district but since that time the child or the child's parent has	19402
relocated to a new address located outside of that school district	19403
and within the same county as the child's or parent's address	19404
immediately prior to the relocation. The child may continue to	19405
attend school in the district, and at the school to which the	19406
child was assigned at the end of the first full week of October of	19407
the current school year, for the balance of the school year.	19408
Division (I)(1) of this section applies only if both of the	19409
following conditions are satisfied:	19410

(a) The board of education of the school district in which	19411
the child was entitled to attend school at the end of the first	19412
full week in October and of the district to which the child or	19413
child's parent has relocated each has adopted a policy to enroll	19414
children described in division (I)(1) of this section.	19415

(b) The child's parent provides written notification of the	19416
relocation outside of the school district to the superintendent of	19417
each of the two school districts.	19418

(2) At the beginning of the school year following the school	19419
year in which the child or the child's parent relocated outside of	19420
the school district as described in division (I)(1) of this	19421
section, the child is not entitled to attend school in the school	19422
district under that division.	19423

(3) Any person or entity owing tuition to the school district	19424
on behalf of the child at the end of the first full week in	19425
October, as provided in division (C) of this section, shall	19426
continue to owe such tuition to the district for the child's	19427
attendance under division (I)(1) of this section for the lesser of	19428
the balance of the school year or the balance of the time that the	19429
child attends school in the district under division (I)(1) of this	19430
section.	19431

(4) A pupil who may attend school in the district under	19432
division (I)(1) of this section shall be entitled to	19433
transportation services pursuant to an agreement between the	19434
district and the district in which the child or child's parent has	19435
relocated unless the districts have not entered into such	19436
agreement, in which case the child shall be entitled to	19437
transportation services in the same manner as a pupil attending	19438
school in the district under interdistrict open enrollment as	19439
described in division (H) of section 3313.981 of the Revised Code,	19440
regardless of whether the district has adopted an open enrollment	19441
policy as described in division (B)(1)(b) or (c) of section	19442
3313.98 of the Revised Code.	19443

(J) This division does not apply to a child receiving special	19444
education.	19445

A school district required to pay tuition pursuant to	19446
division (C)(2) or (3) of this section or section 3313.65 of the	19447
Revised Code shall have an amount deducted under division (F) of	19448
section 3317.023 of the Revised Code equal to its own tuition rate	19449
for the same period of attendance. A school district entitled to	19450
receive tuition pursuant to division (C)(2) or (3) of this section	19451
or section 3313.65 of the Revised Code shall have an amount	19452
credited under division (F) of section 3317.023 of the Revised	19453
Code equal to its own tuition rate for the same period of	19454
attendance. If the tuition rate credited to the district of	19455
attendance exceeds the rate deducted from the district required to	19456
pay tuition, the department of education shall pay the district of	19457
attendance the difference from amounts deducted from all	19458
districts' payments under division (F) of section 3317.023 of the	19459
Revised Code but not credited to other school districts under such	19460
division and from appropriations made for such purpose. The	19461
treasurer of each school district shall, by the fifteenth day of	19462
January and July, furnish the superintendent of public instruction	19463
a report of the names of each child who attended the district's	19464
schools under divisions (C)(2) and (3) of this section or section	19465
3313.65 of the Revised Code during the preceding six calendar	19466
months, the duration of the attendance of those children, the	19467
school district responsible for tuition on behalf of the child,	19468
and any other information that the superintendent requires.	19469

Upon receipt of the report the superintendent, pursuant to	19470
division (F) of section 3317.023 of the Revised Code, shall deduct	19471
each district's tuition obligations under divisions (C)(2) and (3)	19472
of this section or section 3313.65 of the Revised Code and pay to	19473
the district of attendance that amount plus any amount required to	19474
be paid by the state.	19475

(K) In the event of a disagreement, the superintendent of	19476
public instruction shall determine the school district in which	19477
the parent resides.	19478

(L) Nothing in this section requires or authorizes, or shall	19479
be construed to require or authorize, the admission to a public	19480
school in this state of a pupil who has been permanently excluded	19481
from public school attendance by the superintendent of public	19482
instruction pursuant to sections 3301.121 and 3313.662 of the	19483
Revised Code.	19484

(M) In accordance with division (B)(1) of this section, a	19485
child whose parent is a member of the national guard or a reserve	19486
unit of the armed forces of the United States and is called to	19487
active duty, or a child whose parent is a member of the armed	19488
forces of the United States and is ordered to a temporary duty	19489
assignment outside of the district, may continue to attend school	19490
in the district in which the child's parent lived before being	19491
called to active duty or ordered to a temporary duty assignment	19492
outside of the district, as long as the child's parent continues	19493
to be a resident of that district, and regardless of where the	19494
child lives as a result of the parent's active duty status or	19495
temporary duty assignment. However, the district is not	19496
responsible for providing transportation for the child if the	19497
child lives outside of the district as a result of the parent's	19498
active duty status or temporary duty assignment.	19499

Sec. 3313.646. (A) The board of education of a school	19500
district, except a cooperative education district established	19501
pursuant to section 3311.521 of the Revised Code, may establish	19502
and operate a preschool program ~~except that no such program shall~~	19503
~~be established after March 17, 1989, unless both of the following~~	19504
~~apply at the time the program is established:~~	19505

~~(1) The~~, provided the board has demonstrated a need for the	19506
program.	19507

~~(2) Unless it is a cooperative education district established~~	19508
~~pursuant to divisions (A) to (C) of section 3311.52 of the Revised~~	19509
~~Code, the school district is eligible for moneys distributed by~~	19510
~~the department of education pursuant to section 3317.029 of the~~	19511
~~Revised Code~~. A board may use school funds in support of preschool	19512
programs. The board shall maintain, operate, and admit children to	19513
any such program pursuant to rules adopted by such board and the	19514
rules of the state board of education adopted under sections	19515
3301.52 to 3301.57 of the Revised Code.	19516

A board of education may establish fees or tuition, which may	19517
be graduated in proportion to family income, for participation in	19518
a preschool program. In cases where payment of fees or tuition	19519
would create a hardship for the child's parent or guardian, the	19520
board may waive any such fees or tuition.	19521

(B) No board of education that is not receiving funds under	19522
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on	19523
March 17, 1989, shall compete for funds under the "Head Start Act"	19524
with any grantee receiving funds under that act.	19525

(C) A board of education may contract with any of the	19526
following preschool providers to provide preschool programs, other	19527
than programs for units described by divisions (B) and (C) of	19528
section 3317.05 of the Revised Code, for children of the school	19529
district:	19530

(1) Any organization receiving funds under the "Head Start	19531
Act";	19532

(2) Any nonsectarian eligible nonpublic school as defined in	19533
division (H) of section 3301.52 of the Revised Code;	19534

(3) Any child care provider licensed under Chapter 5104. of	19535
the Revised Code.	19536

Boards may contract to provide preschool programs only with	19537
such organizations whose staff meet the requirements of rules	19538
adopted under section 3301.53 of the Revised Code or those of the	19539
child development associate credential established by the national	19540
association for the education of young children.	19541

(D) A contract entered into under division (C) of this	19542
section may provide for the board of education to lease school	19543
facilities to the preschool provider or to furnish transportation,	19544
utilities, or staff for the preschool program.	19545

(E) The treasurer of any board of education operating a	19546
preschool program pursuant to this section shall keep an account	19547
of all funds used to operate the program in the same manner as he	19548
the treasurer would any other funds of the district pursuant to	19549
this chapter.	19550

Sec. 3313.66. (A) Except as provided under division (B)(2)	19551
of this section, the superintendent of schools of a city, exempted	19552
village, or local school district, or the principal of a public	19553
school may suspend a pupil from school for not more than ten	19554
school days. The board of education of a city, exempted village,	19555
or local school district may adopt a policy granting assistant	19556
principals and other administrators the authority to suspend a	19557
pupil from school for a period of time as specified in the policy	19558
of the board of education, not to exceed ten school days. If at	19559
the time a suspension is imposed there are fewer than ten school	19560
days remaining in the school year in which the incident that gives	19561
rise to the suspension takes place, the superintendent may apply	19562
any remaining part or all of the period of the suspension to the	19563
following school year. Except in the case of a pupil given an	19564
in-school suspension, no pupil shall be suspended unless prior to	19565
the suspension such superintendent or principal does both of the	19566
following:	19567

(1) Gives the pupil written notice of the intention to	19568
suspend the pupil and the reasons for the intended suspension and,	19569
if the proposed suspension is based on a violation listed in	19570
division (A) of section 3313.662 of the Revised Code and if the	19571
pupil is sixteen years of age or older, includes in the notice a	19572
statement that the superintendent may seek to permanently exclude	19573
the pupil if the pupil is convicted of or adjudicated a delinquent	19574
child for that violation;	19575

(2) Provides the pupil an opportunity to appear at an	19576
informal hearing before the principal, assistant principal,	19577
superintendent, or superintendent's designee and challenge the	19578
reason for the intended suspension or otherwise to explain the	19579
pupil's actions.	19580

(B)(1) Except as provided under division (B)(2), (3), or (4)	19581
of this section, the superintendent of schools of a city, exempted	19582
village, or local school district may expel a pupil from school	19583
for a period not to exceed the greater of eighty school days or	19584
the number of school days remaining in the semester or term in	19585
which the incident that gives rise to the expulsion takes place,	19586
unless the expulsion is extended pursuant to division (F) of this	19587
section. If at the time an expulsion is imposed there are fewer	19588
than eighty school days remaining in the school year in which the	19589
incident that gives rise to the expulsion takes place, the	19590
superintendent may apply any remaining part or all of the period	19591
of the expulsion to the following school year.	19592

(2)(a) Unless a pupil is permanently excluded pursuant to	19593
section 3313.662 of the Revised Code, the superintendent of	19594
schools of a city, exempted village, or local school district	19595
shall expel a pupil from school for a period of one year for	19596
bringing a firearm to a school operated by the board of education	19597
of the district or onto any other property owned or controlled by	19598
the board, except that the superintendent may reduce this	19599
requirement on a case-by-case basis in accordance with the policy	19600
adopted by the board under section 3313.661 of the Revised Code.	19601

(b) The superintendent of schools of a city, exempted	19602
village, or local school district may expel a pupil from school	19603
for a period of one year for bringing a firearm to an	19604
interscholastic competition, an extracurricular event, or any	19605
other school program or activity that is not located in a school	19606
or on property that is owned or controlled by the district. The	19607
superintendent may reduce this disciplinary action on a	19608
case-by-case basis in accordance with the policy adopted by the	19609
board under section 3313.661 of the Revised Code.	19610

(c) Any expulsion pursuant to division (B)(2) of this section	19611
shall extend, as necessary, into the school year following the	19612
school year in which the incident that gives rise to the expulsion	19613
takes place. As used in this division, "firearm" has the same	19614
meaning as provided pursuant to the "Gun-Free Schools Act of	19615
~~1994~~," ~~108~~115 Stat. ~~270~~1762, 20 U.S.C. ~~8001(a)(2)~~7151.	19616

(3) The board of education of a city, exempted village, or	19617
local school district may adopt a resolution authorizing the	19618
superintendent of schools to expel a pupil from school for a	19619
period not to exceed one year for bringing a knife to a school	19620
operated by the board, onto any other property owned or controlled	19621
by the board, or to an interscholastic competition, an	19622
extracurricular event, or any other program or activity sponsored	19623
by the school district or in which the district is a participant,	19624
or for possessing a firearm or knife at a school, on any other	19625
property owned or controlled by the board, or at an	19626
interscholastic competition, an extracurricular event, or any	19627
other school program or activity, which firearm or knife was	19628
initially brought onto school board property by another person.	19629
The resolution may authorize the superintendent to extend such an	19630
expulsion, as necessary, into the school year following the school	19631
year in which the incident that gives rise to the expulsion takes	19632
place.	19633

(4) The board of education of a city, exempted village, or	19634
local school district may adopt a resolution establishing a policy	19635
under section 3313.661 of the Revised Code that authorizes the	19636
superintendent of schools to expel a pupil from school for a	19637
period not to exceed one year for committing an act that is a	19638
criminal offense when committed by an adult and that results in	19639
serious physical harm to persons as defined in division (A)(5) of	19640
section 2901.01 of the Revised Code or serious physical harm to	19641
property as defined in division (A)(6) of section 2901.01 of the	19642
Revised Code while the pupil is at school, on any other property	19643
owned or controlled by the board, or at an interscholastic	19644
competition, an extracurricular event, or any other school program	19645
or activity. Any expulsion under this division shall extend, as	19646
necessary, into the school year following the school year in which	19647
the incident that gives rise to the expulsion takes place.	19648

(5) The board of education of any city, exempted village, or	19649
local school district may adopt a resolution establishing a policy	19650
under section 3313.661 of the Revised Code that authorizes the	19651
superintendent of schools to expel a pupil from school for a	19652
period not to exceed one year for making a bomb threat to a school	19653
building or to any premises at which a school activity is	19654
occurring at the time of the threat. Any expulsion under this	19655
division shall extend, as necessary, into the school year	19656
following the school year in which the incident that gives rise to	19657
the expulsion takes place.	19658

(6) No pupil shall be expelled under division (B)(1), (2),	19659
(3), (4), or (5) of this section unless, prior to the pupil's	19660
expulsion, the superintendent does both of the following:	19661

(a) Gives the pupil and the pupil's parent, guardian, or	19662
custodian written notice of the intention to expel the pupil;	19663

(b) Provides the pupil and the pupil's parent, guardian,	19664
custodian, or representative an opportunity to appear in person	19665
before the superintendent or the superintendent's designee to	19666
challenge the reasons for the intended expulsion or otherwise to	19667
explain the pupil's actions.	19668

The notice required in this division shall include the	19669
reasons for the intended expulsion, notification of the	19670
opportunity of the pupil and the pupil's parent, guardian,	19671
custodian, or representative to appear before the superintendent	19672
or the superintendent's designee to challenge the reasons for the	19673
intended expulsion or otherwise to explain the pupil's action, and	19674
notification of the time and place to appear. The time to appear	19675
shall not be earlier than three nor later than five school days	19676
after the notice is given, unless the superintendent grants an	19677
extension of time at the request of the pupil or the pupil's	19678
parent, guardian, custodian, or representative. If an extension is	19679
granted after giving the original notice, the superintendent shall	19680
notify the pupil and the pupil's parent, guardian, custodian, or	19681
representative of the new time and place to appear. If the	19682
proposed expulsion is based on a violation listed in division (A)	19683
of section 3313.662 of the Revised Code and if the pupil is	19684
sixteen years of age or older, the notice shall include a	19685
statement that the superintendent may seek to permanently exclude	19686
the pupil if the pupil is convicted of or adjudicated a delinquent	19687
child for that violation.	19688

(7) A superintendent of schools of a city, exempted village,	19689
or local school district shall initiate expulsion proceedings	19690
pursuant to this section with respect to any pupil who has	19691
committed an act warranting expulsion under the district's policy	19692
regarding expulsion even if the pupil has withdrawn from school	19693
for any reason after the incident that gives rise to the hearing	19694
but prior to the hearing or decision to impose the expulsion. If,	19695
following the hearing, the pupil would have been expelled for a	19696
period of time had the pupil still been enrolled in the school,	19697
the expulsion shall be imposed for the same length of time as on a	19698
pupil who has not withdrawn from the school.	19699

(C) If a pupil's presence poses a continuing danger to	19700
persons or property or an ongoing threat of disrupting the	19701
academic process taking place either within a classroom or	19702
elsewhere on the school premises, the superintendent or a	19703
principal or assistant principal may remove a pupil from	19704
curricular activities or from the school premises, and a teacher	19705
may remove a pupil from curricular activities under the teacher's	19706
supervision, without the notice and hearing requirements of	19707
division (A) or (B) of this section. As soon as practicable after	19708
making such a removal, the teacher shall submit in writing to the	19709
principal the reasons for such removal.	19710

If a pupil is removed under this division from a curricular	19711
activity or from the school premises, written notice of the	19712
hearing and of the reason for the removal shall be given to the	19713
pupil as soon as practicable prior to the hearing, which shall be	19714
held within three school days from the time the initial removal is	19715
ordered. The hearing shall be held in accordance with division (A)	19716
of this section unless it is probable that the pupil may be	19717
subject to expulsion, in which case a hearing in accordance with	19718
division (B) of this section shall be held, except that the	19719
hearing shall be held within three school days of the initial	19720
removal. The individual who ordered, caused, or requested the	19721
removal to be made shall be present at the hearing.	19722

If the superintendent or the principal reinstates a pupil in	19723
a curricular activity under the teacher's supervision prior to the	19724
hearing following a removal under this division, the teacher, upon	19725
request, shall be given in writing the reasons for such	19726
reinstatement.	19727

(D) The superintendent or principal, within one school day	19728
after the time of a pupil's expulsion or suspension, shall notify	19729
in writing the parent, guardian, or custodian of the pupil and the	19730
treasurer of the board of education of the expulsion or	19731
suspension. The notice shall include the reasons for the expulsion	19732
or suspension, notification of the right of the pupil or the	19733
pupil's parent, guardian, or custodian to appeal the expulsion or	19734
suspension to the board of education or to its designee, to be	19735
represented in all appeal proceedings, to be granted a hearing	19736
before the board or its designee in order to be heard against the	19737
suspension or expulsion, and to request that the hearing be held	19738
in executive session, notification that the expulsion may be	19739
subject to extension pursuant to division (F) of this section if	19740
the pupil is sixteen years of age or older, and notification that	19741
the superintendent may seek the pupil's permanent exclusion if the	19742
suspension or expulsion was based on a violation listed in	19743
division (A) of section 3313.662 of the Revised Code that was	19744
committed when the child was sixteen years of age or older and if	19745
the pupil is convicted of or adjudicated a delinquent child for	19746
that violation.	19747

In accordance with the policy adopted by the board of	19748
education under section 3313.661 of the Revised Code, the notice	19749
provided under this division shall specify the manner and date by	19750
which the pupil or the pupil's parent, guardian, or custodian	19751
shall notify the board of the pupil's, parent's, guardian's, or	19752
custodian's intent to appeal the expulsion or suspension to the	19753
board or its designee.	19754

Any superintendent expelling a pupil under this section for	19755
more than twenty school days or for any period of time if the	19756
expulsion will extend into the following semester or school year	19757
shall, in the notice required under this division, provide the	19758
pupil and the pupil's parent, guardian, or custodian with	19759
information about services or programs offered by public and	19760
private agencies that work toward improving those aspects of the	19761
pupil's attitudes and behavior that contributed to the incident	19762
that gave rise to the pupil's expulsion. The information shall	19763
include the names, addresses, and phone numbers of the appropriate	19764
public and private agencies.	19765

(E) A pupil or the pupil's parent, guardian, or custodian may	19766
appeal the pupil's expulsion by a superintendent or suspension by	19767
a superintendent, principal, assistant principal, or other	19768
administrator to the board of education or to its designee. If the	19769
pupil or the pupil's parent, guardian, or custodian intends to	19770
appeal the expulsion or suspension to the board or its designee,	19771
the pupil or the pupil's parent, guardian, or custodian shall	19772
notify the board in the manner and by the date specified in the	19773
notice provided under division (D) of this section. The pupil or	19774
the pupil's parent, guardian, or custodian may be represented in	19775
all appeal proceedings and shall be granted a hearing before the	19776
board or its designee in order to be heard against the suspension	19777
or expulsion. At the request of the pupil or of the pupil's	19778
parent, guardian, custodian, or attorney, the board or its	19779
designee may hold the hearing in executive session but shall act	19780
upon the suspension or expulsion only at a public meeting. The	19781
board, by a majority vote of its full membership or by the action	19782
of its designee, may affirm the order of suspension or expulsion,	19783
reinstate the pupil, or otherwise reverse, vacate, or modify the	19784
order of suspension or expulsion.	19785

The board or its designee shall make a verbatim record of	19786
hearings held under this division. The decisions of the board or	19787
its designee may be appealed under Chapter 2506. of the Revised	19788
Code.	19789

This section shall not be construed to require notice and	19790
hearing in accordance with division (A), (B), or (C) of this	19791
section in the case of normal disciplinary procedures in which a	19792
pupil is removed from a curricular activity for a period of less	19793
than one school day and is not subject to suspension or expulsion.	19794

(F)(1) If a pupil is expelled pursuant to division (B) of	19795
this section for committing any violation listed in division (A)	19796
of section 3313.662 of the Revised Code and the pupil was sixteen	19797
years of age or older at the time of committing the violation, if	19798
a complaint, indictment, or information is filed alleging that the	19799
pupil is a delinquent child based upon the commission of the	19800
violation or the pupil is prosecuted as an adult for the	19801
commission of the violation, and if the resultant juvenile court	19802
or criminal proceeding is pending at the time that the expulsion	19803
terminates, the superintendent of schools that expelled the pupil	19804
may file a motion with the court in which the proceeding is	19805
pending requesting an order extending the expulsion for the lesser	19806
of an additional eighty days or the number of school days	19807
remaining in the school year. Upon the filing of the motion, the	19808
court immediately shall schedule a hearing and give written notice	19809
of the time, date, and location of the hearing to the	19810
superintendent and to the pupil and the pupil's parent, guardian,	19811
or custodian. At the hearing, the court shall determine whether	19812
there is reasonable cause to believe that the pupil committed the	19813
alleged violation that is the basis of the expulsion and, upon	19814
determining that reasonable cause to believe the pupil committed	19815
the violation does exist, shall grant the requested extension.	19816

(2) If a pupil has been convicted of or adjudicated a	19817
delinquent child for a violation listed in division (A) of section	19818
3313.662 of the Revised Code for an act that was committed when	19819
the child was sixteen years of age or older, if the pupil has been	19820
expelled pursuant to division (B) of this section for that	19821
violation, and if the board of education of the school district of	19822
the school from which the pupil was expelled has adopted a	19823
resolution seeking the pupil's permanent exclusion, the	19824
superintendent may file a motion with the court that convicted the	19825
pupil or adjudicated the pupil a delinquent child requesting an	19826
order to extend the expulsion until an adjudication order or other	19827
determination regarding permanent exclusion is issued by the	19828
superintendent of public instruction pursuant to section 3301.121	19829
and division (D) of section 3313.662 of the Revised Code. Upon the	19830
filing of the motion, the court immediately shall schedule a	19831
hearing and give written notice of the time, date, and location of	19832
the hearing to the superintendent of the school district, the	19833
pupil, and the pupil's parent, guardian, or custodian. At the	19834
hearing, the court shall determine whether there is reasonable	19835
cause to believe the pupil's continued attendance in the public	19836
school system may endanger the health and safety of other pupils	19837
or school employees and, upon making that determination, shall	19838
grant the requested extension.	19839

(G) The failure of the superintendent or the board of	19840
education to provide the information regarding the possibility of	19841
permanent exclusion in the notice required by divisions (A), (B),	19842
and (D) of this section is not jurisdictional, and the failure	19843
shall not affect the validity of any suspension or expulsion	19844
procedure that is conducted in accordance with this section or the	19845
validity of a permanent exclusion procedure that is conducted in	19846
accordance with sections 3301.121 and 3313.662 of the Revised	19847
Code.	19848

(H) With regard to suspensions and expulsions pursuant to	19849
divisions (A) and (B) of this section by the board of education of	19850
any city, exempted village, or local school district, this section	19851
shall apply to any student, whether or not the student is enrolled	19852
in the district, attending or otherwise participating in any	19853
curricular program provided in a school operated by the board or	19854
provided on any other property owned or controlled by the board.	19855

(I) Whenever a student is expelled under this section, the	19856
expulsion shall result in removal of the student from the	19857
student's regular school setting. However, during the period of	19858
the expulsion, the board of education of the school district that	19859
expelled the student or any board of education admitting the	19860
student during that expulsion period may provide educational	19861
services to the student in an alternative setting.	19862

(J)(1) Notwithstanding sections 3109.51 to 3109.80, 3313.64,	19863
and 3313.65 of the Revised Code, any school district, after	19864
offering an opportunity for a hearing, may temporarily deny	19865
admittance to any pupil if one of the following applies:	19866

(a) The pupil has been suspended from the schools of another	19867
district under division (A) of this section and the period of	19868
suspension, as established under that division, has not expired;	19869

(b) The pupil has been expelled from the schools of another	19870
district under division (B) of this section and the period of the	19871
expulsion, as established under that division or as extended under	19872
division (F) of this section, has not expired.	19873

If a pupil is temporarily denied admission under this	19874
division, the pupil shall be admitted to school in accordance with	19875
sections 3109.51 to 3109.80, 3313.64, or 3313.65 of the Revised	19876
Code no later than upon expiration of the suspension or expulsion	19877
period, as applicable.	19878

(2) Notwithstanding sections 3109.51 to 3109.80, 3313.64, and	19879
3313.65 of the Revised Code, any school district, after offering	19880
an opportunity for a hearing, may temporarily deny admittance to	19881
any pupil if the pupil has been expelled or otherwise removed for	19882
disciplinary purposes from a public school in another state and	19883
the period of expulsion or removal has not expired. If a pupil is	19884
temporarily denied admission under this division, the pupil shall	19885
be admitted to school in accordance with sections 3109.51 to	19886
3109.80, 3313.64, or 3313.65 of the Revised Code no later than the	19887
earlier of the following:	19888

(a) Upon expiration of the expulsion or removal period	19889
imposed by the out-of-state school;	19890

(b) Upon expiration of a period established by the district,	19891
beginning with the date of expulsion or removal from the	19892
out-of-state school, that is no greater than the period of	19893
expulsion that the pupil would have received under the policy	19894
adopted by the district under section 3313.661 of the Revised Code	19895
had the offense that gave rise to the expulsion or removal by the	19896
out-of-state school been committed while the pupil was enrolled in	19897
the district.	19898

(K) As used in this section:

19899

(1) "Permanently exclude" and "permanent exclusion" have the	19900
same meanings as in section 3313.662 of the Revised Code.	19901

(2) "In-school suspension" means the pupil will serve all of	19902
the suspension in a school setting.	19903

Sec. 3313.661. (A) The board of education of each city,	19904
exempted village, and local school district shall adopt a policy	19905
regarding suspension, expulsion, removal, and permanent exclusion	19906
that specifies the types of misconduct for which a pupil may be	19907
suspended, expelled, or removed. The types of misconduct may	19908
include misconduct by a pupil that occurs off of property owned or	19909
controlled by the district but that is connected to activities or	19910
incidents that have occurred on property owned or controlled by	19911
that district and misconduct by a pupil that, regardless of where	19912
it occurs, is directed at a district official or employee, or the	19913
property of such official or employee. The policy shall specify	19914
the reasons for which the superintendent of the district may	19915
reduce the expulsion requirement in division (B)(2) of section	19916
3313.66 of the Revised Code. If a board of education adopts a	19917
resolution pursuant to division (B)(3) of section 3313.66 of the	19918
Revised Code, the policy shall define the term "knife" or	19919
"firearm," as applicable, for purposes of expulsion under that	19920
resolution and shall specify any reasons for which the	19921
superintendent of the district may reduce any required expulsion	19922
period on a case-by-case basis. If a board of education adopts a	19923
resolution pursuant to division (B)(4) or (5) of section 3313.66	19924
of the Revised Code, the policy shall specify any reasons for	19925
which the superintendent of the district may reduce any required	19926
expulsion period on a case-by-case basis. The policy also shall	19927
set forth the acts listed in section 3313.662 of the Revised Code	19928
for which a pupil may be permanently excluded.	19929

The policy adopted under this division shall specify the date	19930
and manner by which a pupil or a pupil's parent, guardian, or	19931
custodian may notify the board of the pupil's, parent's,	19932
guardian's, or custodian's intent to appeal an expulsion or	19933
suspension to the board or its designee pursuant to division (E)	19934
of section 3313.66 of the Revised Code. In the case of any	19935
expulsion, the policy shall not specify a date that is less than	19936
fourteen days after the date of the notice provided to the pupil	19937
or the pupil's parent, guardian, or custodian under division (D)	19938
of that section.	19939

A copy of the policy shall be posted in a central location in	19940
the school and made available to pupils upon request. No pupil	19941
shall be suspended, expelled, or removed except in accordance with	19942
the policy adopted by the board of education of the school	19943
district in which the pupil attends school, and no pupil shall be	19944
permanently excluded except in accordance with sections 3301.121	19945
and 3313.662 of the Revised Code.	19946

(B) A board of education may establish a program and adopt	19947
guidelines under which a superintendent may require a pupil to	19948
perform community service in conjunction with a suspension or	19949
expulsion imposed under section 3313.66 of the Revised Code or in	19950
place of a suspension or expulsion imposed under section 3313.66	19951
of the Revised Code except for an expulsion imposed pursuant to	19952
division (B)(2) of that section. If a board adopts guidelines	19953
under this division, they shall permit, except with regard to an	19954
expulsion pursuant to division (B)(2) of section 3313.66 of the	19955
Revised Code, a superintendent to impose a community service	19956
requirement beyond the end of the school year in lieu of applying	19957
the suspension or expulsion into the following school year. Any	19958
guidelines adopted shall be included in the policy adopted under	19959
this section.	19960

(C) The written policy of each board of education that is	19961
adopted pursuant to section 3313.20 of the Revised Code shall be	19962
posted in a central location in each school that is subject to the	19963
policy and shall be made available to pupils upon request.	19964

(D) Any policy, program, or guideline adopted by a board of	19965
education under this section with regard to suspensions or	19966
expulsions pursuant to division (A) or (B) of section 3313.66 of	19967
the Revised Code shall apply to any student, whether or not the	19968
student is enrolled in the district, attending or otherwise	19969
participating in any curricular program provided in a school	19970
operated by the board or provided on any other property owned or	19971
controlled by the board.	19972

(E) As used in this section, "permanently exclude" and	19973
"permanent exclusion" have the same meanings as in section	19974
3313.662 of the Revised Code.	19975

Sec. 3313.82. (A)(1) The boards of education of two or more	19976
city, local, or exempted village school districts each having a	19977
majority of its territory in a county with a population greater	19978
than one million two hundred thousand, by adopting identical	19979
resolutions, may enter into an agreement providing for the	19980
creation of a student special services district for the purpose of	19981
funding the following for students enrolled in those school	19982
districts, including students diagnosed as autistic and students	19983
with special needs, and their immediate family members:	19984

(a) Special education services;

19985

(b) Behavioral health services for persons with special	19986
needs.	19987

If more than eight boards of education adopt resolutions to	19988
form a student special services district, the boards may meet at	19989
facilities of the educational service center of the county to	19990
discuss membership in the district.	19991

(2) The territory of a student special services district at	19992
any time shall be composed of the combined territories of the	19993
school districts that are parties to the agreement at that time.	19994
Services funded by a student special services district shall be	19995
available to all individuals enrolled in a school district that is	19996
a part of the student special services district and members of	19997
their immediate family.	19998

(3) The agreement may be amended pursuant to terms and	19999
procedures mutually agreed to by the boards of education that are	20000
parties to the agreement.	20001

(B) Each student special services district shall be governed	20002
by a board of directors. The superintendent of each board of	20003
education that is a party to the agreement shall serve on the	20004
board of directors. The agreement shall provide for the terms of	20005
office of directors. Directors shall receive no compensation, but	20006
shall be reimbursed, from the special fund of the student special	20007
services district, for the reasonable and necessary expenses they	20008
incur in the performance of their duties for the district. The	20009
agreement shall provide for the conduct of the board's initial	20010
organizational meeting and for the frequency of subsequent	20011
meetings and quorum requirements. At its first meeting, the board	20012
shall designate from among its members a president and secretary	20013
in the manner provided in the agreement.	20014

The board of directors of a student special services district	20015
is a body corporate and politic, is capable of suing and being	20016
sued, is capable of contracting within the limits of this section	20017
and the agreement governing the district, and is capable of	20018
accepting gifts, donations, bequests, or other grants of money for	20019
use in paying its expenses. The district is a public office and	20020
its directors are public officials within the meaning of section	20021
117.01 of the Revised Code, the board of directors is a public	20022
body within the meaning of section 121.22 of the Revised Code, and	20023
records of the board and of the district are public records within	20024
the meaning of section 149.43 of the Revised Code.	20025

The agreement shall require the board to designate a	20026
permanent location for its offices and meeting place, and may	20027
provide for the use of such facilities and property for the	20028
provision of services by the agencies with which the board	20029
contracts under division (C) of this section.	20030

(C)(1) To provide the services identified in division (A)(1)	20031
of this section, the board of directors of a student special	20032
services district shall provide for the hiring of employees or	20033
shall contract with one or more entities. Except as provided in	20034
division (C)(2) of this section, any entity with which the board	20035
of directors contracts to provide the services identified in	20036
division (A)(1)(b) shall be a qualified nonprofit, nationally	20037
accredited agency to which all of the following apply:	20038

(a) The agency is licensed or certified by the departments of	20039
mental health, job and family services, and alcohol and drug	20040
addiction services.	20041

(b) The agency is chartered by the department of education	20042
and provides services to persons diagnosed with autism.	20043

(c) The agency provides school-based behavioral health	20044
services.	20045

(2) The board of directors may contract with an entity that	20046
does not meet the conditions stated in division (C)(1) of this	20047
section if the services to be provided by the entity are only	20048
incidental to the services identified in division (A)(1)(b) of	20049
this section.	20050

(3) The board of directors may levy a tax throughout the	20051
district as provided in section 5705.219 of the Revised Code. The	20052
board of directors shall provide for the creation of a special	20053
fund to hold the proceeds of any tax levied under section 5705.219	20054
of the Revised Code and any gifts, donations, bequests, or other	20055
grants of money coming into the possession of the district. A	20056
student special services district is a subdivision, and the board	20057
of directors is a governing body, within the meaning of section	20058
135.01 of the Revised Code. The board of directors may not issue	20059
securities or otherwise incur indebtedness.	20060

(4) The adoption or rejection by electors of a tax levy to	20061
fund a student special services district pursuant to section	20062
5705.219 of the Revised Code does not alter the duty of each	20063
school district member of the student special services district to	20064
provide special education and related services as required under	20065
Chapter 3323. of the Revised Code. On the expiration of a student	20066
special services district levy, the state, member school districts	20067
of the student special services district, and any other	20068
governmental entity shall not be obligated to provide replacement	20069
funding for the revenues under the expired levy. The tax levy, in	20070
whole or in part, shall not be considered a levy for current	20071
operating expenses pursuant to division (A) of section 3317.01 of	20072
the Revised Code for any of the school districts that are members	20073
of the student special services district.	20074

(D)(1) The agreement shall provide for the manner of	20075
appointing an individual or entity to perform the duties of fiscal	20076
officer of the student special services district. The agreement	20077
shall specify the length of time the individual or entity shall	20078
perform those duties and whether the individual or entity may be	20079
reappointed upon the completion of a term. The fiscal officer may	20080
receive compensation for performing the duties of the position and	20081
be reimbursed for reasonable expenses of performing those duties	20082
from the student special services district's special fund.	20083

(2) The legal advisor of the board of directors of a student	20084
special services district shall be the prosecuting attorney of the	20085
most populous county containing a school district that is a member	20086
of the student special services district. The prosecuting attorney	20087
shall prosecute all actions against a member of the board of	20088
directors for malfeasance or misfeasance in office and shall be	20089
the legal counsel for the board and its members in all other	20090
actions brought by or against them and shall conduct those actions	20091
in the prosecuting attorney's official capacity. No compensation	20092
in addition to the prosecuting attorney's regular salary shall be	20093
allowed.	20094

(E) The board of directors of a student special services	20095
district shall procure a policy or policies of insurance insuring	20096
the board, the fiscal officer, and the legal representative	20097
against liability on account of damage or injury to persons and	20098
property. Before procuring such insurance the board shall adopt a	20099
resolution setting forth the amount of insurance to be purchased,	20100
the necessity of the insurance, and a statement of its estimated	20101
premium cost. Insurance procured pursuant to this section shall be	20102
from one or more recognized insurance companies authorized to do	20103
business in this state. The cost of the insurance shall be paid	20104
from the district's special fund.	20105

A student special services district is a political	20106
subdivision within the meaning of section 2744.01 of the Revised	20107
Code.	20108

(F)(1) The board of education of a school district having a	20109
majority of its territory in the county may join an existing	20110
student special services district by adopting a resolution	20111
requesting to join as a party to the agreement and upon approval	20112
by the boards of education that currently are parties to the	20113
agreement. If a tax is levied in the student special services	20114
district under section 5705.219 of the Revised Code, a board of	20115
education may join the district only after a majority of qualified	20116
electors in the school district voting on the question vote in	20117
favor of levying the tax throughout the school district. A board	20118
of education joining an existing district shall have the same	20119
powers, rights, and obligations under the agreement as other	20120
boards of education that are parties to the agreement.	20121

(2) A board of education that is a party to an agreement	20122
under this section may withdraw the school district from a student	20123
special services district by adopting a resolution. The withdrawal	20124
shall take effect on the date provided in the resolution. If a tax	20125
is levied in the student special services district under section	20126
5705.219 of the Revised Code, the resolution shall take effect not	20127
later than the first day of January following adoption of the	20128
resolution. Beginning with the first day of January following	20129
adoption of the resolution, any tax levied under section 5705.219	20130
of the Revised Code shall not be levied within the territory of	20131
the withdrawing school district. Any collection of tax levied in	20132
the territory of the withdrawing school district under that	20133
section that has not been settled and distributed when the	20134
resolution takes effect shall be credited to the district's	20135
special fund.	20136

(G) An agreement entered into under this section shall	20137
provide for the manner of the student special services district's	20138
dissolution. The district shall cease to exist when not more than	20139
one school district remains in the district, and the levy of any	20140
tax under section 5705.219 of the Revised Code shall not be	20141
extended on the tax lists in any tax year beginning after the	20142
dissolution of the district. The agreement shall provide that,	20143
upon dissolution of the district, any unexpended balance in the	20144
district's special fund shall be divided among the school	20145
districts that are parties to the agreement immediately before	20146
dissolution in proportion to the taxable valuation of taxable	20147
property in the districts, and credited to their respective	20148
general funds.	20149

Sec. 3313.841. The boards of education and governing boards	20150
of two or more city, local, joint vocational, or exempted village	20151
school districts or educational service centers may contract in	20152
accordance with the terms of this section for the sharing on a	20153
cooperative basis of the services of supervisory teachers, special	20154
instruction teachers, special education teachers, and other	20155
licensed personnel necessary to conduct approved cooperative	20156
classes for special education and related services and gifted	20157
education.	20158

The boards of two or more districts or service centers	20159
desiring to enroll students in such classes shall each adopt	20160
resolutions indicating such desire and designating one of the	20161
participating districts or service centers as the funding agent	20162
for purposes of this section. The district or service center	20163
designated as the funding agent shall enter into an employment	20164
contract with each licensed teacher whose services are to be	20165
shared among the participating districts and service centers. In	20166
turn, the funding agent shall enter into contracts with each of	20167
the districts and service centers which have adopted resolutions	20168
agreeing to participate in the cooperative program upon terms	20169
agreed to by all parties to such contract. Such contracts between	20170
districts and service centers shall set forth the services to be	20171
provided by the licensed teacher employed by the funding agent	20172
whose services are to be shared by the participating districts and	20173
service centers and the basis for computing the amounts to be paid	20174
for such services to the funding agent by the participating	20175
districts and service centers.	20176

For purposes of division (B) of section 3317.05 of the	20177
Revised Code, the funding agent shall count all pupils enrolled in	20178
cooperative programs for ~~handicapped~~ pupils with disabilities as	20179
pupils enrolled in such programs in the funding agent district.	20180
Upon receipt of payment for such programs, the funding agent	20181
district shall credit the account of districts participating in	20182
the cooperative program for the amounts due under contracts	20183
entered into under the terms of this section in proportion to the	20184
number of resident students enrolled in the cooperative program	20185
from each participating district and service center.	20186

In determining the terms of the contract entered into by the	20187
funding agent district or service center and the participating	20188
districts and service centers, the superintendent of schools of	20189
each participating board of education and governing board shall	20190
serve as a committee which shall recommend such terms to such	20191
boards.	20192

Sec. 3313.843. (A) Notwithstanding division (D) of section	20193
3311.52 of the Revised Code, this section does not apply to either	20194
of the following:	20195

(1) Any cooperative education school district;

20196

(2) Any city or exempted village school district with a total	20197
student count of thirteen thousand or more determined pursuant to	20198
section 3317.03 of the Revised Code that has not entered into one	20199
or more agreements pursuant to this section prior to July 1, 1993,	20200
unless the district's total student count did not exceed thirteen	20201
thousand at the time it entered into an initial agreement under	20202
this section.	20203

(B) The board of education of a city or exempted village	20204
school district and the governing board of an educational service	20205
center may enter into an agreement, through adoption of identical	20206
resolutions, under which the educational service center governing	20207
board will provide services to the city or exempted village school	20208
district.	20209

Services provided under the agreement shall be specified in	20210
the agreement, and may include any one or a combination of the	20211
following: supervisory teachers; in-service and continuing	20212
education programs for city or exempted village school district	20213
personnel; curriculum services as provided to the local school	20214
districts under the supervision of the service center governing	20215
board; research and development programs; academic instruction for	20216
which the governing board employs teachers pursuant to section	20217
3319.02 of the Revised Code; and assistance in the provision of	20218
special accommodations and classes for ~~handicapped~~ students with	20219
disabilities. Services included in the agreement shall be provided	20220
to the city or exempted village district in the same manner they	20221
are provided to local school districts under the governing board's	20222
supervision, unless otherwise specified in the agreement. The city	20223
or exempted village board of education shall reimburse the	20224
educational service center governing board pursuant to section	20225
3317.11 of the Revised Code.	20226

(C) If an educational service center received funding under	20227
division (B) of former section 3317.11 or division (F) of section	20228
3317.11 of the Revised Code for an agreement under this section	20229
involving a city school district whose total student count was	20230
less than thirteen thousand, the service center may continue to	20231
receive funding under that division for such an agreement in any	20232
subsequent year if the city district's total student count exceeds	20233
thirteen thousand. However, only the first thirteen thousand	20234
pupils in the formula ADM of such district shall be included in	20235
determining the amount of the per pupil subsidy the service center	20236
shall receive under division (F) of section 3317.11 of the Revised	20237
Code.	20238

(D) Any agreement entered into pursuant to this section shall	20239
be valid only if a copy is filed with the department of education	20240
by the first day of the school year for which the agreement is in	20241
effect.	20242

Sec. 3313.97. Notwithstanding division (D) of section	20243
3311.19 and division (D) of section 3311.52 of the Revised Code,	20244
this section does not apply to any joint vocational or cooperative	20245
education school district.	20246

(A) As used in this section:

20247

(1) "Parent" has the same meaning as in section 3313.64 of	20248
the Revised Code.	20249

(2) "Alternative school" means a school building other than	20250
the one to which a student is assigned by the district	20251
superintendent.	20252

(3) "IEP" ~~means an individualized education program defined~~	20253
~~by division (E) of~~has the same meaning as in section 3323.01 of	20254
the Revised Code.	20255

(B) The board of education of each city, local, and exempted	20256
village school district shall adopt an open enrollment policy	20257
allowing students entitled to attend school in the district	20258
pursuant to section 3313.64 or 3313.65 of the Revised Code to	20259
enroll in an alternative school. Each policy shall provide for the	20260
following:	20261

(1) Application procedures, including deadlines for	20262
application and for notification of students and principals of	20263
alternative schools whenever a student's application is accepted.	20264
The policy shall require a student to apply only if the student	20265
wishes to attend an alternative school.	20266

(2) The establishment of district capacity limits by grade	20267
level, school building, and education program;	20268

(3) A requirement that students enrolled in a school building	20269
or living in any attendance area of the school building	20270
established by the superintendent or board be given preference	20271
over applicants;	20272

(4) Procedures to ensure that an appropriate racial balance	20273
is maintained in the district schools.	20274

(C) Except as provided in section 3313.982 of the Revised	20275
Code, the procedures for admitting applicants to alternative	20276
schools shall not include:	20277

(1) Any requirement of academic ability, or any level of	20278
athletic, artistic, or other extracurricular skills;	20279

(2) Limitations on admitting applicants because of	20280
~~handicapping~~disabling conditions, except that a board may require	20281
a student receiving services under Chapter 3323. of the Revised	20282
Code to attend school where the services described in the	20283
student's IEP are available;	20284

(3) A requirement that the student be proficient in the	20285
English language;	20286

(4) Rejection of any applicant because the student has been	20287
subject to disciplinary proceedings, except that if an applicant	20288
has been suspended or expelled for ten consecutive days or more in	20289
the term for which admission is sought or in the term immediately	20290
preceding the term for which admission is sought, the procedures	20291
may include a provision denying admission of such applicant to an	20292
alternative school.	20293

(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and	20294
except as provided in division (D)(2) of this section, a district	20295
board is not required to provide transportation to a	20296
~~nonhandicapped~~nondisabled student enrolled in an alternative	20297
school unless such student can be picked up and dropped off at a	20298
regular school bus stop designated in accordance with the board's	20299
transportation policy or unless the board is required to provide	20300
additional transportation to the student in accordance with a	20301
court-approved desegregation plan.	20302

(2) A district board shall provide transportation to any	20303
student enrolled in an alternative school pursuant to division (E)	20304
of section 3302.04 of the Revised Code to the extent required by	20305
that division, except that no district board shall be required to	20306
provide transportation to any student enrolled in an alternative	20307
school pursuant to division (E) of section 3302.04 of the Revised	20308
Code after the date the school in which the student was enrolled	20309
immediately prior to enrolling in the alternative school ceases to	20310
be subject to that division.	20311

(E) Each school board shall provide information about the	20312
policy adopted under this section and the application procedures	20313
and deadlines to the parent of each student in the district and to	20314
the general public.	20315

(F) The state board of education shall monitor school	20316
districts to ensure compliance with this section and the	20317
districts' policies.	20318

Sec. 3313.974. As used in this section and in sections	20319
3313.975 to 3313.979 of the Revised Code:	20320

(A) "Individualized education program" and "~~handicapped~~ child	20321
with a disability" have the same meanings as in section 3323.01 of	20322
the Revised Code.	20323

(B) "Mainstreamed ~~handicapped~~ student with a disability"	20324
means a ~~handicapped~~ child with a disability who has an	20325
individualized education program providing for the student to	20326
spend more than half of each school day in a regular school	20327
setting with ~~nonhandicapped~~nondisabled students.	20328

(C) "Separately educated ~~handicapped~~ student with a	20329
disability" means a ~~handicapped~~ child with a disability who has an	20330
individualized education program providing for the student to	20331
spend at least half of each school day in a class or setting	20332
separated from ~~nonhandicapped~~nondisabled students.	20333

(D) "Low-income family" means a family whose income is below	20334
the level which the superintendent of public instruction shall	20335
establish.	20336

(E) "Parent" has the same meaning as in section 3313.98 of	20337
the Revised Code.	20338

(F) "Registered private school" means a school registered	20339
with the superintendent of public instruction pursuant to section	20340
3313.976 of the Revised Code.	20341

(G) "Alternative school" means a registered private school	20342
located in a school district or a public school located in an	20343
adjacent school district.	20344

(H) "Tutorial assistance" means instructional services	20345
provided to a student outside of regular school hours approved by	20346
the commission on school choice pursuant to section 3313.976 of	20347
the Revised Code.	20348

Sec. 3313.977. (A)(1) Each registered private school shall	20349
admit students to kindergarten and first, second, and third grades	20350
in accordance with the following priorities:	20351

(a) Students who were enrolled in the school during the	20352
preceding year;	20353

(b) Siblings of students enrolled in the school during the	20354
preceding year, at the discretion of the school;	20355

(c) Children from low-income families attending school or	20356
residing in the school district in which the school is located	20357
until the number of such students in each grade equals the number	20358
that constituted twenty per cent of the total number of students	20359
enrolled in the school during the preceding year in such grade.	20360
Admission of such twenty per cent shall be by lot from among all	20361
low-income family applicants who apply prior to the fifteenth day	20362
of February prior to admission.	20363

(d) All other applicants residing anywhere, provided that all	20364
remaining available spaces shall be filled from among such	20365
applicants by lot.	20366

Children from low-income families not selected by lot under	20367
division (A)(1)(c) of this section shall be included in the	20368
lottery of all remaining applicants pursuant to division (A)(1)(d)	20369
of this section.	20370

(2) Each registered private school shall first admit to	20371
grades four through twelve students who were enrolled in the	20372
school during the preceding year. Any remaining spaces for	20373
students in these grades may be filled as determined by the	20374
school.	20375

(B) Notwithstanding division (A) of this section, except	20376
where otherwise prohibited by federal law, a registered private	20377
school may elect to admit students of only one gender and may deny	20378
admission to any separately educated ~~handicapped~~ student with a	20379
disability.	20380

(C) If a scholarship student who has been accepted in	20381
accordance with this section fails to enroll in the school for any	20382
reason or withdraws from the school during the school year for any	20383
reason, the school may elect to replace such student with another	20384
scholarship student only by first offering the admission to any	20385
low-income scholarship students who filed applications by the	20386
preceding fifteenth day of February and who were not accepted at	20387
that time due to space limitations.	20388

Sec. 3313.978. (A) Annually by the first day of November,	20389
the superintendent of public instruction shall notify the pilot	20390
project school district of the number of initial scholarships that	20391
the state superintendent will be awarding in each of grades	20392
kindergarten through eight.	20393

The state superintendent shall provide information about the	20394
scholarship program to all students residing in the district,	20395
shall accept applications from any such students until such date	20396
as shall be established by the state superintendent as a deadline	20397
for applications, and shall establish criteria for the selection	20398
of students to receive scholarships from among all those applying	20399
prior to the deadline, which criteria shall give preference to	20400
students from low-income families. For each student selected, the	20401
state superintendent shall also determine whether the student	20402
qualifies for seventy-five or ninety per cent of the scholarship	20403
amount. Students whose family income is at or above two hundred	20404
per cent of the maximum income level established by the state	20405
superintendent for low-income families shall qualify for	20406
seventy-five per cent of the scholarship amount and students whose	20407
family income is below two hundred per cent of that maximum income	20408
level shall qualify for ninety per cent of the scholarship amount.	20409
The state superintendent shall notify students of their selection	20410
prior to the fifteenth day of January and whether they qualify for	20411
seventy-five or ninety per cent of the scholarship amount.	20412

(1) A student receiving a pilot project scholarship may	20413
utilize it at an alternative public school by notifying the	20414
district superintendent, at any time before the beginning of the	20415
school year, of the name of the public school in an adjacent	20416
school district to which the student has been accepted pursuant to	20417
section 3327.06 of the Revised Code.	20418

(2) A student may decide to utilize a pilot project	20419
scholarship at a registered private school in the district if all	20420
of the following conditions are met:	20421

(a) By the fifteenth day of February of the preceding school	20422
year, or at any time prior to the start of the school year, the	20423
parent makes an application on behalf of the student to a	20424
registered private school.	20425

(b) The registered private school notifies the parent and the	20426
state superintendent as follows that the student has been	20427
admitted:	20428

(i) By the fifteenth day of March of the preceding school	20429
year if the student filed an application by the fifteenth day of	20430
February and was admitted by the school pursuant to division (A)	20431
of section 3313.977 of the Revised Code;	20432

(ii) Within one week of the decision to admit the student if	20433
the student is admitted pursuant to division (C) of section	20434
3313.977 of the Revised Code.	20435

(c) The student actually enrolls in the registered private	20436
school to which the student was first admitted or in another	20437
registered private school in the district or in a public school in	20438
an adjacent school district.	20439

(B) The state superintendent shall also award in any school	20440
year tutorial assistance grants to a number of students equal to	20441
the number of students who receive scholarships under division (A)	20442
of this section. Tutorial assistance grants shall be awarded	20443
solely to students who are enrolled in the public schools of the	20444
district in a grade level covered by the pilot project. Tutorial	20445
assistance grants may be used solely to obtain tutorial assistance	20446
from a provider approved pursuant to division (D) of section	20447
3313.976 of the Revised Code.	20448

All students wishing to obtain tutorial assistance grants	20449
shall make application to the state superintendent by the first	20450
day of the school year in which the assistance will be used. The	20451
state superintendent shall award assistance grants in accordance	20452
with criteria the superintendent shall establish. For each student	20453
awarded a grant, the state superintendent shall also determine	20454
whether the student qualifies for seventy-five or ninety per cent	20455
of the grant amount and so notify the student. Students whose	20456
family income is at or above two hundred per cent of the maximum	20457
income level established by the state superintendent for	20458
low-income families shall qualify for seventy-five per cent of the	20459
grant amount and students whose family income is below two hundred	20460
per cent of that maximum income level shall qualify for ninety per	20461
cent of the grant amount.	20462

(C)(1) In the case of basic scholarships for students in	20463
grades kindergarten through eight, the scholarship amount shall	20464
not exceed the lesser of the tuition charges of the alternative	20465
school the scholarship recipient attends or three thousand	20466
dollars before fiscal year 2007 and three thousand four hundred	20467
fifty dollars in fiscal year 2007 and thereafter.	20468

In the case of basic scholarships for students in grades nine	20469
through twelve, the scholarship amount shall not exceed the lesser	20470
of the tuition charges of the alternative school the scholarship	20471
recipient attends or two thousand seven hundred dollars before	20472
fiscal year 2007 and three thousand four hundred fifty dollars in	20473
fiscal year 2007 and thereafter.	20474

(2) The state superintendent shall provide for an increase in	20475
the basic scholarship amount in the case of any student who is a	20476
mainstreamed ~~handicapped~~ student with a disability and shall	20477
further increase such amount in the case of any separately	20478
educated ~~handicapped child~~student with a disability. Such	20479
increases shall take into account the instruction, related	20480
services, and transportation costs of educating such students.	20481

(3) In the case of tutorial assistance grants, the grant	20482
amount shall not exceed the lesser of the provider's actual	20483
charges for such assistance or:	20484

(a) Before fiscal year 2007, a percentage established by the	20485
state superintendent, not to exceed twenty per cent, of the amount	20486
of the pilot project school district's average basic scholarship	20487
amount;	20488

(b) In fiscal year 2007 and thereafter, four hundred dollars.

20489

(4) No scholarship or tutorial assistance grant shall be	20490
awarded unless the state superintendent determines that	20491
twenty-five or ten per cent, as applicable, of the amount	20492
specified for such scholarship or grant pursuant to division	20493
(C)(1), (2), or (3) of this section will be furnished by a	20494
political subdivision, a private nonprofit or for profit entity,	20495
or another person. Only seventy-five or ninety per cent of such	20496
amounts, as applicable, shall be paid from state funds pursuant to	20497
section 3313.979 of the Revised Code.	20498

(D)(1) Annually by the first day of November, the state	20499
superintendent shall estimate the maximum per-pupil scholarship	20500
amounts for the ensuing school year. The state superintendent	20501
shall make this estimate available to the general public at the	20502
offices of the district board of education together with the forms	20503
required by division (D)(2) of this section.	20504

(2) Annually by the fifteenth day of January, the chief	20505
administrator of each registered private school located in the	20506
pilot project district and the principal of each public school in	20507
such district shall complete a parental information form and	20508
forward it to the president of the board of education. The	20509
parental information form shall be prescribed by the department of	20510
education and shall provide information about the grade levels	20511
offered, the numbers of students, tuition amounts, achievement	20512
test results, and any sectarian or other organizational	20513
affiliations.	20514

Sec. 3313.98. Notwithstanding division (D) of section	20515
3311.19 and division (D) of section 3311.52 of the Revised Code,	20516
the provisions of this section and sections 3313.981 to 3313.983	20517
of the Revised Code that apply to a city school district do not	20518
apply to a joint vocational or cooperative education school	20519
district unless expressly specified.	20520

(A) As used in this section and sections 3313.981 to 3313.983	20521
of the Revised Code:	20522

(1) "Parent" means either of the natural or adoptive parents	20523
of a student, except under the following conditions:	20524

(a) When the marriage of the natural or adoptive parents of	20525
the student has been terminated by a divorce, dissolution of	20526
marriage, or annulment or the natural or adoptive parents of the	20527
student are living separate and apart under a legal separation	20528
decree and the court has issued an order allocating the parental	20529
rights and responsibilities with respect to the student, "parent"	20530
means the residential parent as designated by the court except	20531
that "parent" means either parent when the court issues a shared	20532
parenting decree.	20533

(b) When a court has granted temporary or permanent custody	20534
of the student to an individual or agency other than either of the	20535
natural or adoptive parents of the student, "parent" means the	20536
legal custodian of the child.	20537

(c) When a court has appointed a guardian for the student,	20538
"parent" means the guardian of the student.	20539

(2) "Native student" means a student entitled under section	20540
3313.64 or 3313.65 of the Revised Code to attend school in a	20541
district adopting a resolution under this section.	20542

(3) "Adjacent district" means a city, exempted village, or	20543
local school district having territory that abuts the territory of	20544
a district adopting a resolution under this section.	20545

(4) "Adjacent district student" means a student entitled	20546
under section 3313.64 or 3313.65 of the Revised Code to attend	20547
school in an adjacent district.	20548

(5) "Adjacent district joint vocational student" means an	20549
adjacent district student who enrolls in a city, exempted village,	20550
or local school district pursuant to this section and who also	20551
enrolls in a joint vocational school district that does not	20552
contain the territory of the district for which that student is a	20553
native student and does contain the territory of the city,	20554
exempted village, or local district in which the student enrolls.	20555

(6) "Formula amount" has the same meaning as in section	20556
3317.02 of the Revised Code.	20557

(7) "Adjusted formula amount" means the ~~greater of the~~	20558
~~following:~~	20559

~~(a) The fiscal year 2005 formula amount multiplied by the~~	20560
~~fiscal year 2005 cost-of-doing-business factor for a district~~	20561
~~defined in the version of section 3317.02 of the Revised Code in~~	20562
~~effect that year;~~	20563

~~(b) The~~ sum of (the ~~current~~ formula amount ~~times the current~~	20564
~~cost-of-doing-business factor as defined in section 3317.02 of the~~	20565
~~Revised Code)~~ plus the per pupil amount of the base funding	20566
supplements specified in divisions (C)(1) to (4) of section	20567
3317.012 of the Revised Code.	20568

(8) "Poverty line" means the poverty line established by the	20569
director of the United States office of management and budget as	20570
revised by the director of the office of community services in	20571
accordance with section 673(2) of the "Community Services Block	20572
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.	20573

(9) "IEP" ~~means an individualized education program defined~~	20574
~~by division (E) of~~has the same meaning as in section 3323.01 of	20575
the Revised Code.	20576

(10) "Other district" means a city, exempted village, or	20577
local school district having territory outside of the territory of	20578
a district adopting a resolution under this section.	20579

(11) "Other district student" means a student entitled under	20580
section 3313.64 or 3313.65 of the Revised Code to attend school in	20581
an other district.	20582

(12) "Other district joint vocational student" means a	20583
student who is enrolled in any city, exempted village, or local	20584
school district and who also enrolls in a joint vocational school	20585
district that does not contain the territory of the district for	20586
which that student is a native student in accordance with a policy	20587
adopted under section 3313.983 of the Revised Code.	20588

(B)(1) The board of education of each city, local, and	20589
exempted village school district shall adopt a resolution	20590
establishing for the school district one of the following	20591
policies:	20592

(a) A policy that entirely prohibits the enrollment of	20593
students from adjacent districts or other districts, other than	20594
students for whom tuition is paid in accordance with section	20595
3317.08 of the Revised Code;	20596

(b) A policy that permits enrollment of students from all	20597
adjacent districts in accordance with policy statements contained	20598
in the resolution;	20599

(c) A policy that permits enrollment of students from all	20600
other districts in accordance with policy statements contained in	20601
the resolution.	20602

(2) A policy permitting enrollment of students from adjacent	20603
or from other districts, as applicable, shall provide for all of	20604
the following:	20605

(a) Application procedures, including deadlines for	20606
application and for notification of students and the	20607
superintendent of the applicable district whenever an adjacent or	20608
other district student's application is approved.	20609

(b) Procedures for admitting adjacent or other district	20610
applicants free of any tuition obligation to the district's	20611
schools, including, but not limited to:	20612

(i) The establishment of district capacity limits by grade	20613
level, school building, and education program;	20614

(ii) A requirement that all native students wishing to be	20615
enrolled in the district will be enrolled and that any adjacent or	20616
other district students previously enrolled in the district shall	20617
receive preference over first-time applicants;	20618

(iii) Procedures to ensure that an appropriate racial balance	20619
is maintained in the district schools.	20620

(C) Except as provided in section 3313.982 of the Revised	20621
Code, the procedures for admitting adjacent or other district	20622
students, as applicable, shall not include:	20623

(1) Any requirement of academic ability, or any level of	20624
athletic, artistic, or other extracurricular skills;	20625

(2) Limitations on admitting applicants because of	20626
~~handicapping conditions~~disability, except that a board may refuse	20627
to admit a student receiving services under Chapter 3323. of the	20628
Revised Code, if the services described in the student's IEP are	20629
not available in the district's schools;	20630

(3) A requirement that the student be proficient in the	20631
English language;	20632

(4) Rejection of any applicant because the student has been	20633
subject to disciplinary proceedings, except that if an applicant	20634
has been suspended or expelled by the student's district for ten	20635
consecutive days or more in the term for which admission is sought	20636
or in the term immediately preceding the term for which admission	20637
is sought, the procedures may include a provision denying	20638
admission of such applicant.	20639

(D)(1) Each school board permitting only enrollment of	20640
adjacent district students shall provide information about the	20641
policy adopted under this section, including the application	20642
procedures and deadlines, to the superintendent and the board of	20643
education of each adjacent district and, upon request, to the	20644
parent of any adjacent district student.	20645

(2) Each school board permitting enrollment of other district	20646
students shall provide information about the policy adopted under	20647
this section, including the application procedures and deadlines,	20648
upon request, to the board of education of any other school	20649
district or to the parent of any student anywhere in the state.	20650

(E) Any school board shall accept all credits toward	20651
graduation earned in adjacent or other district schools by an	20652
adjacent or other district student or a native student.	20653

(F)(1) No board of education may adopt a policy discouraging	20654
or prohibiting its native students from applying to enroll in the	20655
schools of an adjacent or any other district that has adopted a	20656
policy permitting such enrollment, except that:	20657

(a) A district may object to the enrollment of a native	20658
student in an adjacent or other district in order to maintain an	20659
appropriate racial balance.	20660

(b) The board of education of a district receiving funds	20661
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	20662
may adopt a resolution objecting to the enrollment of its native	20663
students in adjacent or other districts if at least ten per cent	20664
of its students are included in the determination of the United	20665
States secretary of education made under section 20 U.S.C.A.	20666
238(a).	20667

(2) If a board objects to enrollment of native students under	20668
this division, any adjacent or other district shall refuse to	20669
enroll such native students unless tuition is paid for the	20670
students in accordance with section 3317.08 of the Revised Code.	20671
An adjacent or other district enrolling such students may not	20672
receive funding for those students in accordance with section	20673
3313.981 of the Revised Code.	20674

(G) The state board of education shall monitor school	20675
districts to ensure compliance with this section and the	20676
districts' policies. The board may adopt rules requiring uniform	20677
application procedures, deadlines for application, notification	20678
procedures, and record-keeping requirements for all school boards	20679
that adopt policies permitting the enrollment of adjacent or other	20680
district students, as applicable. If the state board adopts such	20681
rules, no school board shall adopt a policy that conflicts with	20682
those rules.	20683

(H) A resolution adopted by a board of education under this	20684
section that entirely prohibits the enrollment of students from	20685
adjacent and from other school districts does not abrogate any	20686
agreement entered into under section 3313.841 or 3313.92 of the	20687
Revised Code or any contract entered into under section 3313.90 of	20688
the Revised Code between the board of education adopting the	20689
resolution and the board of education of any adjacent or other	20690
district or prohibit these boards of education from entering into	20691
any such agreement or contract.	20692

(I) Nothing in this section shall be construed to permit or	20693
require the board of education of a city, exempted village, or	20694
local school district to exclude any native student of the	20695
district from enrolling in the district.	20696

Sec. 3313.983. (A) The board of education of each joint	20697
vocational school district shall adopt a policy pertaining to	20698
enrollment of students who, upon enrollment, will be adjacent	20699
district joint vocational students except that, in lieu of such a	20700
policy, a board may adopt a policy pertaining to enrollment of	20701
students who, upon enrollment, will be other district joint	20702
vocational students. Any such policy to enroll other district	20703
joint vocational students shall apply beginning with the school	20704
year that commences July 1, 1998.	20705

A policy adopted under this section shall provide for all of	20706
the following:	20707

(1) Application procedures, including procedures for	20708
notifying any future adjacent district or other district joint	20709
vocational students, as applicable, and the superintendent of the	20710
city, exempted village, or local school districts in which they	20711
are also enrolled whenever their applications are approved;	20712

(2) Procedures for admitting to the district applicants who	20713
will be, as applicable, adjacent district or other district joint	20714
vocational students, including, but not limited to:	20715

(a) The establishment of district capacity limits by grade	20716
level, school building, and education program;	20717

(b) A requirement that all students entitled under section	20718
3313.64 or 3313.65 of the Revised Code to attend school in a	20719
district that has territory in the joint vocational school	20720
district will be enrolled in the district ahead of any adjacent	20721
district or other district joint vocational students;	20722

(c) A requirement that any previously enrolled adjacent	20723
district or other district joint vocational student, as	20724
applicable, shall receive preference over first-time applicants to	20725
become adjacent district or other district joint vocational	20726
students.	20727

(B) The procedures for admitting students who will be, as	20728
applicable, adjacent district or other district joint vocational	20729
students shall not include:	20730

(1) Any requirement of academic ability, or any level of	20731
athletic, artistic, or other extracurricular skills;	20732

(2) Limitations on admitting applicants because of	20733
~~handicapping conditions~~disability, except that a board may refuse	20734
to admit an applicant receiving services under Chapter 3323. of	20735
the Revised Code if the services described in the student's IEP	20736
are not available in the district;	20737

(3) A requirement that the student be proficient in the	20738
English language;	20739

(4) Rejection of any applicant because the student has been	20740
subject to disciplinary proceedings, except that if an applicant	20741
has been suspended or expelled by any school district for ten	20742
consecutive days or more in the term for which admission is sought	20743
or in the term immediately preceding the term for which admission	20744
is sought, the procedures may include a provision denying	20745
admission of such applicant.	20746

(C) The board of education of each joint vocational school	20747
district shall provide information about the policy it adopts	20748
under this section, including the application procedures, to the	20749
superintendent and the board of education of each city, exempted	20750
village, and local school district with territory in the district	20751
and, upon request, to the parent of any student who could become,	20752
as applicable, an adjacent district or other district joint	20753
vocational student of the district.	20754

Sec. 3314.015. (A) The department of education shall be	20755
responsible for the oversight of sponsors of the community schools	20756
established under this chapter and shall provide technical	20757
assistance to schools and sponsors in their compliance with	20758
applicable laws and the terms of the contracts entered into under	20759
section 3314.03 of the Revised Code and in the development and	20760
start-up activities of those schools. In carrying out its duties	20761
under this section, the department shall do all of the following:	20762

(1) In providing technical assistance to proposing parties,	20763
governing authorities, and sponsors, conduct training sessions and	20764
distribute informational materials;	20765

(2) Approve entities to be sponsors of community schools and	20766
monitor the effectiveness of those sponsors in their oversight of	20767
the schools with which they have contracted;	20768

(3) By December thirty-first of each year, issue a report to	20769
the governor, the speaker of the house of representatives, the	20770
president of the senate, and the chairpersons of the house and	20771
senate committees principally responsible for education matters	20772
regarding the effectiveness of academic programs, operations, and	20773
legal compliance and of the financial condition of all community	20774
schools established under this chapter;	20775

(4) From time to time, make legislative recommendations to	20776
the general assembly designed to enhance the operation and	20777
performance of community schools.	20778

(B)(1) No entity listed in division (C)(1) of section 3314.02	20779
of the Revised Code shall enter into a preliminary agreement under	20780
division (C)(2) of section 3314.02 of the Revised Code until it	20781
has received approval from the department of education to sponsor	20782
community schools under this chapter and has entered into a	20783
written agreement with the department regarding the manner in	20784
which the entity will conduct such sponsorship. The department	20785
shall adopt in accordance with Chapter 119. of the Revised Code	20786
rules containing criteria, procedures, and deadlines for	20787
processing applications for such approval, for oversight of	20788
sponsors, for revocation of the approval of sponsors, and for	20789
entering into written agreements with sponsors. The rules shall	20790
require an entity to submit evidence of the entity's ability and	20791
willingness to comply with the provisions of division (D) of	20792
section 3314.03 of the Revised Code. The rules also shall require	20793
entities approved as sponsors on and after June 30, 2005, to	20794
demonstrate a record of financial responsibility and successful	20795
implementation of educational programs. If an entity seeking	20796
approval on or after June 30, 2005, to sponsor community schools	20797
in this state sponsors or operates schools in another state, at	20798
least one of the schools sponsored or operated by the entity must	20799
be comparable to or better than the performance of Ohio schools in	20800
~~a state of academic watch~~need of continuous improvement under	20801
section 3302.03 of the Revised Code, as determined by the	20802
department.	20803

An entity that sponsors community schools may enter into	20804
preliminary agreements and sponsor schools as follows, provided	20805
each school and the contract for sponsorship meets the	20806
requirements of this chapter:	20807

(a) An entity that sponsored fifty or fewer schools that were	20808
open for operation as of May 1, 2005, may sponsor not more than	20809
fifty schools.	20810

(b) An entity that sponsored more than fifty but not more	20811
than seventy-five schools that were open for operation as of May	20812
1, 2005, may sponsor not more than the number of schools the	20813
entity sponsored that were open for operation as of May 1, 2005.	20814

(c) Until June 30, 2006, an entity that sponsored more than	20815
seventy-five schools that were open for operation as of May 1,	20816
2005, may sponsor not more than the number of schools the entity	20817
sponsored that were open for operation as of May 1, 2005. After	20818
June 30, 2006, such an entity may sponsor not more than	20819
seventy-five schools.	20820

Upon approval of an entity to be a sponsor under this	20821
division, the department shall notify the entity of the number of	20822
schools the entity may sponsor.	20823

The limit imposed on an entity to which division (B)(1) of	20824
this section applies shall be decreased by one for each school	20825
sponsored by the entity that permanently closes.	20826

If at any time an entity exceeds the number of schools it may	20827
sponsor under this division, the department shall assist the	20828
schools in excess of the entity's limit in securing new sponsors.	20829
If a school is unable to secure a new sponsor, the department	20830
shall assume sponsorship of the school in accordance with division	20831
(C) of this section. Those schools for which another sponsor or	20832
the department assumes sponsorship shall be the schools that most	20833
recently entered into contracts with the entity under section	20834
3314.03 of the Revised Code.	20835

(2) The department of education shall determine, pursuant to	20836
criteria adopted by rule of the department, whether the mission	20837
proposed to be specified in the contract of a community school to	20838
be sponsored by a state university board of trustees or the	20839
board's designee under division (C)(1)(e) of section 3314.02 of	20840
the Revised Code complies with the requirements of that division.	20841
Such determination of the department is final.	20842

(3) The department of education shall determine, pursuant to	20843
criteria adopted by rule of the department, if any tax-exempt	20844
entity under section 501(c)(3) of the Internal Revenue Code that	20845
is proposed to be a sponsor of a community school is an	20846
education-oriented entity for purpose of satisfying the condition	20847
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	20848
Revised Code. Such determination of the department is final.	20849

(C) If at any time the state board of education finds that a	20850
sponsor is not in compliance or is no longer willing to comply	20851
with its contract with any community school or with the	20852
department's rules for sponsorship, the state board or designee	20853
shall conduct a hearing in accordance with Chapter 119. of the	20854
Revised Code on that matter. If after the hearing, the state board	20855
or designee has confirmed the original finding, the department of	20856
education may revoke the sponsor's approval to sponsor community	20857
schools and may assume the sponsorship of any schools with which	20858
the sponsor has contracted until the earlier of the expiration of	20859
two school years or until a new sponsor as described in division	20860
(C)(1) of section 3314.02 of the Revised Code is secured by the	20861
school's governing authority. The department may extend the term	20862
of the contract in the case of a school for which it has assumed	20863
sponsorship under this division as necessary to accommodate the	20864
term of the department's authorization to sponsor the school	20865
specified in this division.	20866

(D) The decision of the department to disapprove an entity	20867
for sponsorship of a community school or to revoke approval for	20868
such sponsorship, as provided in division (C) of this section, may	20869
be appealed by the entity in accordance with section 119.12 of the	20870
Revised Code.	20871

(E) The department shall adopt procedures for use by a	20872
community school governing authority and sponsor when the school	20873
permanently closes and ceases operation, which shall include at	20874
least procedures for data reporting to the department, handling of	20875
student records, distribution of assets in accordance with section	20876
3314.074 of the Revised Code, and other matters related to ceasing	20877
operation of the school.	20878

(F) In carrying out its duties under this chapter, the	20879
department shall not impose requirements on community schools or	20880
their sponsors that are not permitted by law or duly adopted	20881
rules.	20882

Sec. 3314.016. (A) After June 30, 2007, a new start-up	20883
school may be established under this chapter only if the school's	20884
governing authority enters into a contract with an operator that	20885
manages other schools in the United States that perform at a level	20886
higher than academic watch. The governing authority of the	20887
community school may sign a contract with an operator only if the	20888
operator has fewer contracts with the governing authorities of new	20889
start-up schools established under this chapter after June 30,	20890
2007, than the number of schools managed by the operator in the	20891
United States that perform at a level higher than academic watch,	20892
as determined by the department of education.	20893

(B) Notwithstanding division (A) of this section, the	20894
governing authority of a start-up school sponsored by an entity	20895
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	20896
Revised Code may establish one additional school serving the same	20897
grade levels and providing the same educational program as the	20898
current start-up school and may open that additional school in the	20899
2007-2008 school year, if both of the following conditions are	20900
met:	20901

(1) The governing authority entered into another contract	20902
with the same sponsor or a different sponsor described in	20903
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	20904
and filed a copy of that contract with the superintendent of	20905
public instruction prior to March 15, 2006.	20906

(2) The governing authority's current school satisfies all of	20907
the following conditions:	20908

(a) The school currently is rated as excellent or effective	20909
pursuant to section 3302.03 of the Revised Code.	20910

(b) The school made adequate yearly progress, as defined in	20911
section 3302.01 of the Revised Code, for the previous school year.	20912

(c) The school has been in operation for at least four school	20913
years.	20914

(d) The school is not managed by an operator.

20915

Sec. 3314.017. Notwithstanding division (A) of section	20916
3314.016 of the Revised Code, the governing authority of a	20917
start-up school sponsored by an entity described in divisions	20918
(C)(1)(b) to (f) of section 3314.02 of the Revised Code may	20919
establish one additional start-up school that is located in the	20920
same school district as the current start-up school, regardless of	20921
whether that district is a challenged school district as otherwise	20922
required by division (C)(1) of section 3314.02 of the Revised	20923
Code, and that provides a general educational program to students	20924
in grades kindergarten through six to facilitate their transition	20925
to the current start-up school, and may open the additional	20926
start-up school in the 2008-2009 school year, if both of the	20927
following conditions are met:	20928

(A) The governing authority enters into another contract with	20929
the same sponsor, which is hereby authorized to sponsor the	20930
additional start-up school and to continue that sponsorship as	20931
long as the entity sponsors the current start-up school, and files	20932
a copy of the contract with the superintendent of public	20933
instruction prior to March 15, 2008.	20934

(B) The governing authority's current school satisfies all of	20935
the following conditions:	20936

(1) The school was rated excellent or effective pursuant to	20937
section 3302.03 of the Revised Code for three of the four school	20938
years beginning with the 2002-2003 school year and ending with the	20939
2005-2006 school year.	20940

(2) The school made adequate yearly progress, as defined in	20941
section 3302.01 of the Revised Code, for each of the four school	20942
years beginning with the 2002-2003 school year and ending with the	20943
2005-2006 school year.	20944

(3) The school was recognized by the superintendent of public	20945
instruction as a school of promise for three of the four school	20946
years beginning with the 2002-2003 school year and ending with the	20947
2005-2006 school year.	20948

(4) The school has been in operation for at least five school	20949
years.	20950

(5) The school is not managed by an operator.

20951

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

20952

(1) "Sponsor" means an entity listed in division (C)(1) of	20953
this section, which has been approved by the department of	20954
education to sponsor community schools and with which the	20955
governing authority of the proposed community school enters into a	20956
contract pursuant to this section.	20957

(2) "Pilot project area" means the school districts included	20958
in the territory of the former community school pilot project	20959
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	20960
the 122nd general assembly.	20961

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

20962

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

20963

(b) A school district that is either in a state of academic	20964
emergency or in a state of academic watch under section 3302.03 of	20965
the Revised Code;	20966

20967

(4) "Big eight school district" means a school district that	20968
for fiscal year 1997 had both of the following:	20969

(a) A percentage of children residing in the district and	20970
participating in the predecessor of Ohio works first greater than	20971
thirty per cent, as reported pursuant to section 3317.10 of the	20972
Revised Code;	20973

(b) An average daily membership greater than twelve thousand,	20974
as reported pursuant to former division (A) of section 3317.03 of	20975
the Revised Code.	20976

(5) "New start-up school" means a community school other than	20977
one created by converting all or part of an existing public	20978
school, as designated in the school's contract pursuant to	20979
division (A)(17) of section 3314.03 of the Revised Code.	20980

(6) "Urban school district" means one of the state's	20981
twenty-one urban school districts as defined in division (O) of	20982
section 3317.02 of the Revised Code as that section existed prior	20983
to July 1, 1998.	20984

(7) "Internet- or computer-based community school" means a	20985
community school established under this chapter in which the	20986
enrolled students work primarily from their residences on	20987
assignments in nonclassroom-based learning opportunities provided	20988
via an internet- or other computer-based instructional method that	20989
does not rely on regular classroom instruction or via	20990
comprehensive instructional methods that include internet-based,	20991
other computer-based, and noncomputer-based learning	20992
opportunities.	20993

(B) Any person or group of individuals may initially propose	20994
under this division the conversion of all or a portion of a public	20995
school to a community school. The proposal shall be made to the	20996
board of education of the city, local, or exempted village school	20997
district in which the public school is proposed to be converted.	20998
Upon receipt of a proposal, a board may enter into a preliminary	20999
agreement with the person or group proposing the conversion of the	21000
public school, indicating the intention of the board of education	21001
to support the conversion to a community school. A proposing	21002
person or group that has a preliminary agreement under this	21003
division may proceed to finalize plans for the school, establish a	21004
governing authority for the school, and negotiate a contract with	21005
the board of education. Provided the proposing person or group	21006
adheres to the preliminary agreement and all provisions of this	21007
chapter, the board of education shall negotiate in good faith to	21008
enter into a contract in accordance with section 3314.03 of the	21009
Revised Code and division (C) of this section.	21010

(C)(1) Any person or group of individuals may propose under	21011
this division the establishment of a new start-up school to be	21012
located in a challenged school district. The proposal may be made	21013
to any of the following entities:	21014

(a) The board of education of the district in which the	21015
school is proposed to be located;	21016

(b) The board of education of any joint vocational school	21017
district with territory in the county in which is located the	21018
majority of the territory of the district in which the school is	21019
proposed to be located;	21020

(c) The board of education of any other city, local, or	21021
exempted village school district having territory in the same	21022
county where the district in which the school is proposed to be	21023
located has the major portion of its territory;	21024

(d) The governing board of any educational service center, as	21025
long as the proposed school will be located in a county within the	21026
territory of the service center or in a county contiguous to such	21027
county;	21028

(e) A sponsoring authority designated by the board of	21029
trustees of any of the thirteen state universities listed in	21030
section 3345.011 of the Revised Code or the board of trustees	21031
itself as long as a mission of the proposed school to be specified	21032
in the contract under division (A)(2) of section 3314.03 of the	21033
Revised Code and as approved by the department of education under	21034
division (B)(2) of section 3314.015 of the Revised Code will be	21035
the practical demonstration of teaching methods, educational	21036
technology, or other teaching practices that are included in the	21037
curriculum of the university's teacher preparation program	21038
approved by the state board of education;	21039

(f) Any qualified tax-exempt entity under section 501(c)(3)	21040
of the Internal Revenue Code as long as all of the following	21041
conditions are satisfied:	21042

(i) The entity has been in operation for at least five years	21043
prior to applying to be a community school sponsor.	21044

(ii) The entity has assets of at least five hundred thousand	21045
dollars and a demonstrated record of financial responsibility.	21046

(iii) The department of education has determined that the	21047
entity is an education-oriented entity under division (B)(3) of	21048
section 3314.015 of the Revised Code and the entity has a	21049
demonstrated record of successful implementation of educational	21050
programs.	21051

(iv) The entity is not a community school.

21052

Any entity described in division (C)(1) of this section may	21053
enter into a preliminary agreement pursuant to division (C)(2) of	21054
this section with the proposing person or group.	21055

(2) A preliminary agreement indicates the intention of an	21056
entity described in division (C)(1) of this section to sponsor the	21057
community school. A proposing person or group that has such a	21058
preliminary agreement may proceed to finalize plans for the	21059
school, establish a governing authority as described in division	21060
(E) of this section for the school, and negotiate a contract with	21061
the entity. Provided the proposing person or group adheres to the	21062
preliminary agreement and all provisions of this chapter, the	21063
entity shall negotiate in good faith to enter into a contract in	21064
accordance with section 3314.03 of the Revised Code.	21065

(3) A new start-up school that is established in a school	21066
district while that district is either in a state of academic	21067
emergency or in a state of academic watch under section 3302.03 of	21068
the Revised Code may continue in existence once the school	21069
district is no longer in a state of academic emergency or academic	21070
watch, provided there is a valid contract between the school and a	21071
sponsor.	21072

(4) A copy of every preliminary agreement entered into under	21073
this division shall be filed with the superintendent of public	21074
instruction.	21075

(D) A majority vote of the board of a sponsoring entity and a	21076
majority vote of the members of the governing authority of a	21077
community school shall be required to adopt a contract and convert	21078
the public school to a community school or establish the new	21079
start-up school. Beginning September 29, 2005, adoption of the	21080
contract shall occur not later than the fifteenth day of March,	21081
and signing of the contract shall occur not later than the	21082
fifteenth day of May, prior to the school year in which the school	21083
will open. The governing authority shall notify the department of	21084
education when the contract has been signed. Subject to sections	21085
3314.013 ~~and~~, 3314.014, 3314.016, and 3314.017 of the Revised	21086
Code, an unlimited number of community schools may be established	21087
in any school district provided that a contract is entered into	21088
for each community school pursuant to this chapter.	21089

(E)(1) As used in this division, "immediate relatives" are	21090
limited to spouses, children, parents, grandparents, siblings, and	21091
in-laws.	21092

Each new start-up community school established under this	21093
chapter shall be under the direction of a governing authority	21094
which shall consist of a board of not less than five individuals .	21095

No person shall serve on the governing authority or operate	21096
the community school under contract with the governing authority	21097
so long as the person owes the state any money or is in a dispute	21098
over whether the person owes the state any money concerning the	21099
operation of a community school that has closed.	21100

(2) No person shall serve on the governing authorities of	21101
more than two start-up community schools at the same time.	21102

(3) No present or former member, or immediate relative of a	21103
present or former member, of the governing authority of any	21104
community school established under this chapter shall be an owner,	21105
employee, or consultant of any nonprofit or for-profit operator of	21106
a community school, ~~as defined in section 3314.014 of the Revised~~	21107
~~Code,~~ unless at least one year has elapsed since the conclusion of	21108
the person's membership.	21109

(F) Nothing in this chapter shall be construed to permit the	21110
establishment of a community school in more than one school	21111
district under the same contract.	21112

(G)(1) A new start-up school that is established prior to	21113
August 15, 2003, in an urban school district that is not also a	21114
big-eight school district may continue to operate after that date	21115
and the contract between the school's governing authority and the	21116
school's sponsor may be renewed, as provided under this chapter,	21117
after that date, but no additional new start-up schools may be	21118
established in such a district unless the district is a challenged	21119
school district as defined in this section as it exists on and	21120
after that date.	21121

(2) A community school that was established prior to June 29,	21122
1999, and is located in a county contiguous to the pilot project	21123
area and in a school district that is not a challenged school	21124
district may continue to operate after that date, provided the	21125
school complies with all provisions of this chapter. The contract	21126
between the school's governing authority and the school's sponsor	21127
may be renewed, but no additional start-up community school may be	21128
established in that district unless the district is a challenged	21129
school district.	21130

(3) Any educational service center that, on the effective	21131
date of this amendment, sponsors a community school that is not	21132
located in a county within the territory of the service center or	21133
in a county contiguous to such county may continue to sponsor that	21134
community school on and after the effective date of this amendment	21135
and may renew its contract with the school. However, the	21136
educational service center shall not enter into a contract with	21137
any additional community school unless the school is located in a	21138
county within the territory of the service center or in a county	21139
contiguous to such county.	21140

Sec. 3314.06. The governing authority of each community	21141
school established under this chapter shall adopt admission	21142
procedures that specify the following:	21143

(A) That except as otherwise provided in this section,	21144
admission to the school shall be open to any individual age five	21145
to twenty-two entitled to attend school pursuant to section	21146
3313.64 or 3313.65 of the Revised Code in a school district in the	21147
state.	21148

(B)(1) That admission to the school may be limited to	21149
students who have attained a specific grade level or are within a	21150
specific age group; to students that meet a definition of	21151
"at-risk," as defined in the contract; to residents of a specific	21152
geographic area within the district, as defined in the contract;	21153
or to separate groups of autistic students and ~~nonhandicapped~~	21154
nondisabled students, as authorized in section 3314.061 of the	21155
Revised Code and as defined in the contract.	21156

(2) For purposes of division (B)(1) of this section,	21157
"at-risk" students may include those students identified as gifted	21158
students under section 3324.03 of the Revised Code.	21159

(C) Whether enrollment is limited to students who reside in	21160
the district in which the school is located or is open to	21161
residents of other districts, as provided in the policy adopted	21162
pursuant to the contract.	21163

(D)(1) That there will be no discrimination in the admission	21164
of students to the school on the basis of race, creed, color,	21165
~~handicapping condition~~disability, or sex except that:	21166

(a) The governing authority may establish single-gender	21167
schools for the purpose described in division (G) of this section	21168
provided comparable facilities and learning opportunities are	21169
offered for both boys and girls. Such comparable facilities and	21170
opportunities may be offered for each sex at separate locations.	21171

(b) The governing authority may establish a school that	21172
simultaneously serves a group of students identified as autistic	21173
and a group of students who are not ~~handicapped~~disabled, as	21174
authorized in section 3314.061 of the Revised Code. However,	21175
unless the total capacity established for the school has been	21176
filled, no student with any ~~handicap~~disability shall be denied	21177
admission on the basis of that ~~handicap~~disability.	21178

(2) That upon admission of any ~~handicapped~~ student with a	21179
disability, the community school will comply with all federal and	21180
state laws regarding the education of ~~handicapped~~ students with	21181
disabilities.	21182

(E) That the school may not limit admission to students on	21183
the basis of intellectual ability, measures of achievement or	21184
aptitude, or athletic ability, except that a school may limit its	21185
enrollment to students as described in division (B) of this	21186
section.	21187

(F) That the community school will admit the number of	21188
students that does not exceed the capacity of the school's	21189
programs, classes, grade levels, or facilities.	21190

(G) That the purpose of single-gender schools that are	21191
established shall be to take advantage of the academic benefits	21192
some students realize from single-gender instruction and	21193
facilities and to offer students and parents residing in the	21194
district the option of a single-gender education.	21195

(H) That, except as otherwise provided under division (B) of	21196
this section or section 3314.061 of the Revised Code, if the	21197
number of applicants exceeds the capacity restrictions of division	21198
(F) of this section, students shall be admitted by lot from all	21199
those submitting applications, except preference shall be given to	21200
students attending the school the previous year and to students	21201
who reside in the district in which the school is located.	21202
Preference may be given to siblings of students attending the	21203
school the previous year.	21204

Notwithstanding divisions (A) to (H) of this section, in the	21205
event the racial composition of the enrollment of the community	21206
school is violative of a federal desegregation order, the	21207
community school shall take any and all corrective measures to	21208
comply with the desegregation order.	21209

Sec. 3314.061. A governing authority may establish a	21210
community school under this chapter that is limited to providing	21211
simultaneously special education and related services to a	21212
specified number of students identified as autistic and regular	21213
educational programs to a specified number of students who are not	21214
~~handicapped~~disabled. The contract between the governing authority	21215
and the school's sponsor shall specify the target ratio of number	21216
of autistic students to number of ~~nonhandicapped~~nondisabled	21217
students in the school's population, the total number of autistic	21218
students that may be enrolled in the school, and the total number	21219
of ~~nonhandicapped~~nondisabled students that may be enrolled in the	21220
school. A school established in accordance with this section is	21221
subject to division (H) of section 3314.06 of the Revised Code,	21222
except that because the governing authority establishes a separate	21223
capacity for autistic students and ~~nonhandicapped~~nondisabled	21224
students, if the number of applicants among the group of autistic	21225
students or the group of ~~nonhandicapped~~ students with disabilities	21226
exceeds the capacity restrictions for that group, students shall	21227
be admitted by lot from all those of that same group submitting	21228
applications. However, unless the total capacity established for	21229
the school has been filled, no student with any ~~handicap~~	21230
disability shall be denied admission on the basis of that ~~handicap~~	21231
disability.	21232

Sec. 3314.074. Divisions (A) and (B) of this section apply	21233
only to the extent permitted under Chapter 1702. of the Revised	21234
Code.	21235

(A) If any community school established under this chapter	21236
permanently closes and ceases its operation as a community school,	21237
the assets of that school shall be distributed first to the	21238
retirement funds of employees of the school, employees of the	21239
school, and private creditors who are owed compensation, and then	21240
any remaining funds shall be paid to the ~~state treasury to the~~	21241
~~credit of the general revenue fund~~department of education for	21242
redistribution to the school districts in which the students who	21243
were enrolled in the school at the time it ceased operation were	21244
entitled to attend school under section 3313.64 or 3313.65 of the	21245
Revised Code. The amount distributed to each school district shall	21246
be proportional to the district's share of the total enrollment in	21247
the community school.	21248

(B) If a community school closes and ceases to operate as a	21249
community school and the school has received computer hardware or	21250
software from the former Ohio SchoolNet commission or the eTech	21251
Ohio commission, such hardware or software shall be returned to	21252
the eTech Ohio commission, and the eTech Ohio commission shall	21253
redistribute the hardware and software, to the extent such	21254
redistribution is possible, to school districts in conformance	21255
with the provisions of the programs operated and administered by	21256
the eTech Ohio commission.	21257

(C) If the assets of the school are insufficient to pay all	21258
persons or entities to whom compensation is owed, the	21259
prioritization of the distribution of the assets to individual	21260
persons or entities within each class of payees may be determined	21261
by decree of a court in accordance with this section and Chapter	21262
1702. of the Revised Code.	21263

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

21264

(1) "Base formula amount" means the amount specified as such	21265
in a community school's financial plan for a school year pursuant	21266
to division (A)(15) of section 3314.03 of the Revised Code.	21267

(2) ~~"Cost-of-doing-business factor" has the same meaning as~~	21268
~~in section 3317.02 of the Revised Code.~~	21269

~~(3)~~ "IEP" ~~means an individualized education program as~~	21270
~~defined~~has the same meaning as in section 3323.01 of the Revised	21271
Code.	21272

~~(4)~~(3) "Applicable special education weight" means the	21273
multiple specified in section 3317.013 of the Revised Code for a	21274
~~handicap~~disability described in that section.	21275

~~(5)~~(4) "Applicable vocational education weight" means:

21276

(a) For a student enrolled in vocational education programs	21277
or classes described in division (A) of section 3317.014 of the	21278
Revised Code, the multiple specified in that division;	21279

(b) For a student enrolled in vocational education programs	21280
or classes described in division (B) of section 3317.014 of the	21281
Revised Code, the multiple specified in that division.	21282

~~(6)~~(5) "Entitled to attend school" means entitled to attend	21283
school in a district under section 3313.64 or 3313.65 of the	21284
Revised Code.	21285

~~(7)~~(6) A community school student is "included in the	21286
poverty student count" of a school district if the student is	21287
entitled to attend school in the district and the student's family	21288
receives assistance under the Ohio works first program.	21289

~~(8)~~(7) "Poverty-based assistance reduction factor" means the	21290
percentage figure, if any, for reducing the per pupil amount of	21291
poverty-based assistance a community school is entitled to receive	21292
pursuant to divisions (D)(5) ~~and (6)~~to (9) of this section in any	21293
year, as specified in the school's financial plan for the year	21294
pursuant to division (A)(15) of section 3314.03 of the Revised	21295
Code.	21296

~~(9)~~(8) "All-day kindergarten" has the same meaning as in	21297
section 3317.029 of the Revised Code.	21298

~~(10) "SF-3 payment" means the sum of the payments to a school~~	21299
~~district in a fiscal year under divisions (A), (C)(1), (C)(4),~~	21300
~~(D), (E), and (F) of section 3317.022, divisions (G), (L), and (N)~~	21301
~~of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217,~~	21302
~~3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after~~	21303
~~making the adjustments required by sections 3313.981 and 3313.979,~~	21304
~~divisions (B), (C), (D), (E), (K), (L), (M), (N), and (O) of~~	21305
~~section 3317.023, and division (C) of section 3317.20~~(9) "State	21306
education aid" has the same meaning as in section 5751.20 of the	21307
Revised Code.	21308

(B) The state board of education shall adopt rules requiring	21309
both of the following:	21310

(1) The board of education of each city, exempted village,	21311
and local school district to annually report the number of	21312
students entitled to attend school in the district who are	21313
enrolled in grades one through twelve in a community school	21314
established under this chapter, the number of students entitled to	21315
attend school in the district who are enrolled in kindergarten in	21316
a community school, the number of those kindergartners who are	21317
enrolled in all-day kindergarten in their community school, and	21318
for each child, the community school in which the child is	21319
enrolled.	21320

(2) The governing authority of each community school	21321
established under this chapter to annually report all of the	21322
following:	21323

(a) The number of students enrolled in grades one through	21324
twelve and the number of students enrolled in kindergarten in the	21325
school who are not receiving special education and related	21326
services pursuant to an IEP;	21327

(b) The number of enrolled students in grades one through	21328
twelve and the number of enrolled students in kindergarten, who	21329
are receiving special education and related services pursuant to	21330
an IEP;	21331

(c) The number of students reported under division (B)(2)(b)	21332
of this section receiving special education and related services	21333
pursuant to an IEP for a ~~handicap~~disability described in each of	21334
divisions (A) to (F) of section 3317.013 of the Revised Code;	21335

(d) The full-time equivalent number of students reported	21336
under divisions (B)(2)(a) and (b) of this section who are enrolled	21337
in vocational education programs or classes described in each of	21338
divisions (A) and (B) of section 3317.014 of the Revised Code that	21339
are provided by the community school;	21340

(e) Twenty per cent of the number of students reported under	21341
divisions (B)(2)(a) and (b) of this section who are not reported	21342
under division (B)(2)(d) of this section but who are enrolled in	21343
vocational education programs or classes described in each of	21344
divisions (A) and (B) of section 3317.014 of the Revised Code at a	21345
joint vocational school district under a contract between the	21346
community school and the joint vocational school district and are	21347
entitled to attend school in a city, local, or exempted village	21348
school district whose territory is part of the territory of the	21349
joint vocational district;	21350

(f) The number of enrolled preschool ~~handicapped students~~	21351
children with disabilities receiving special education services in	21352
a state-funded unit;	21353

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

21354

(h) For each student, the city, exempted village, or local	21355
school district in which the student is entitled to attend school;	21356

(i) Any poverty-based assistance reduction factor that	21357
applies to a school year.	21358

(C) From the ~~SF-3 payment made to~~state education aid	21359
calculated for a city, exempted village, or local school district	21360
and, if necessary, from the payment made to the district under	21361
sections 321.24 and 323.156 of the Revised Code, the department of	21362
education shall annually subtract the sum of the amounts described	21363
in divisions (C)(1) to (9) of this section. However, when	21364
deducting payments on behalf of students enrolled in internet- or	21365
computer-based community schools, the department shall deduct only	21366
those amounts described in divisions (C)(1) and (2) of this	21367
section. Furthermore, the aggregate amount deducted under this	21368
division shall not exceed the sum of the district's ~~SF-3 payment~~	21369
state education aid and its payment under sections 321.24 and	21370
323.156 of the Revised Code.	21371

(1) An amount equal to the sum of the amounts obtained when,	21372
for each community school where the district's students are	21373
enrolled, the number of the district's students reported under	21374
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	21375
in grades one through twelve, and one-half the number of students	21376
reported under those divisions who are enrolled in kindergarten,	21377
in that community school is multiplied by the ~~greater of the~~	21378
~~following:~~	21379

~~(a) The fiscal year 2005 base formula amount of that~~	21380
~~community school as adjusted by the school district's fiscal year~~	21381
~~2005 cost-of-doing-business factor;~~	21382

~~(b) The~~ sum of (the ~~current~~ base formula amount of that	21383
community school ~~times the school district's current~~	21384
~~cost-of-doing-business factor)~~ plus the per pupil amount of the	21385
base funding supplements specified in divisions (C)(1) to (4) of	21386
section 3317.012 of the Revised Code.	21387

(2) The sum of the amounts calculated under divisions	21388
(C)(2)(a) and (b) of this section:	21389

(a) For each of the district's students reported under	21390
division (B)(2)(c) of this section as enrolled in a community	21391
school in grades one through twelve and receiving special	21392
education and related services pursuant to an IEP for a ~~handicap~~	21393
disability described in section 3317.013 of the Revised Code, the	21394
product of the applicable special education weight times the	21395
community school's base formula amount;	21396

(b) For each of the district's students reported under	21397
division (B)(2)(c) of this section as enrolled in kindergarten in	21398
a community school and receiving special education and related	21399
services pursuant to an IEP for a ~~handicap~~disability described in	21400
section 3317.013 of the Revised Code, one-half of the amount	21401
calculated as prescribed in division (C)(2)(a) of this section.	21402

(3) For each of the district's students reported under	21403
division (B)(2)(d) of this section for whom payment is made under	21404
division (D)(4) of this section, the amount of that payment;	21405

(4) An amount equal to the sum of the amounts obtained when,	21406
for each community school where the district's students are	21407
enrolled, the number of the district's students enrolled in that	21408
community school who are included in the district's poverty	21409
student count is multiplied by the per pupil amount of	21410
poverty-based assistance the school district receives that year	21411
pursuant to division ~~(B) or~~ (C) of section 3317.029 of the Revised	21412
Code, as adjusted by any poverty-based assistance reduction factor	21413
of that community school. ~~If the district receives poverty-based~~	21414
~~assistance under division (B) of that section, the per pupil~~	21415
~~amount of that aid is the quotient of the amount the district~~	21416
~~received under that division divided by the district's poverty~~	21417
~~student count, as defined in that section. If the district~~	21418
~~receives poverty-based assistance under division (C) of section~~	21419
~~3317.029 of the Revised Code, the~~The per pupil amount of that aid	21420
for the district shall be calculated by the department.	21421

(5) An amount equal to the sum of the amounts obtained when,	21422
for each community school where the district's students are	21423
enrolled, the district's per pupil amount of aid received under	21424
division (E) of section 3317.029 of the Revised Code, as adjusted	21425
by any poverty-based assistance reduction factor of the community	21426
school, is multiplied by the sum of the following:	21427

(a) The number of the district's students reported under	21428
division (B)(2)(a) of this section who are enrolled in grades one	21429
to three in that community school and who are not receiving	21430
special education and related services pursuant to an IEP;	21431

(b) One-half of the district's students who are enrolled in	21432
all-day or any other kindergarten class in that community school	21433
and who are not receiving special education and related services	21434
pursuant to an IEP;	21435

(c) One-half of the district's students who are enrolled in	21436
all-day kindergarten in that community school and who are not	21437
receiving special education and related services pursuant to an	21438
IEP.	21439

The district's per pupil amount of aid under division (E) of	21440
section 3317.029 of the Revised Code is the quotient of the amount	21441
the district received under that division divided by the	21442
district's kindergarten through third grade ADM, as defined in	21443
that section.	21444

(6) An amount equal to the sum of the amounts obtained when,	21445
for each community school where the district's students are	21446
enrolled, the district's per pupil amount received under division	21447
(F) of section 3317.029 of the Revised Code, as adjusted by any	21448
poverty-based assistance reduction factor of that community	21449
school, is multiplied by the number of the district's students	21450
enrolled in the community school who are identified as	21451
limited-English proficient.	21452

(7) An amount equal to the sum of the amounts obtained when,	21453
for each community school where the district's students are	21454
enrolled, the district's per pupil amount received under division	21455
(G) of section 3317.029 of the Revised Code, as adjusted by any	21456
poverty-based assistance reduction factor of that community	21457
school, is multiplied by the sum of the following:	21458

(a) The number of the district's students enrolled in grades	21459
one through twelve in that community school;	21460

(b) One-half of the number of the district's students	21461
enrolled in kindergarten in that community school.	21462

The district's per pupil amount under division (G) of section	21463
3317.029 of the Revised Code is the district's amount per teacher	21464
calculated under division (G)(1) or (2) of that section divided by	21465
17~~, times a multiple of 0.40 in fiscal year 2006 and 0.70 in~~	21466
~~fiscal year 2007~~.	21467

(8) An amount equal to the sum of the amounts obtained when,	21468
for each community school where the district's students are	21469
enrolled, the district's per pupil amount received under divisions	21470
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	21471
by any poverty-based assistance reduction factor of that community	21472
school, is multiplied by the sum of the following:	21473

(a) The number of the district's students enrolled in grades	21474
one through twelve in that community school;	21475

(b) One-half of the number of the district's students	21476
enrolled in kindergarten in that community school.	21477

The district's per pupil amount under divisions (H) and (I)	21478
of section 3317.029 of the Revised Code is the amount calculated	21479
under each division divided by the district's formula ADM, as	21480
defined in section 3317.02 of the Revised Code.	21481

(9) An amount equal to the per pupil state parity aid funding	21482
calculated for the school district under either division (C) or	21483
(D) of section 3317.0217 of the Revised Code multiplied by the sum	21484
of the number of students in grades one through twelve, and	21485
one-half of the number of students in kindergarten, who are	21486
entitled to attend school in the district and are enrolled in a	21487
community school as reported under division (B)(1) of this	21488
section.	21489

(D) The department shall annually pay to a community school	21490
established under this chapter the sum of the amounts described in	21491
divisions (D)(1) to (10) of this section. However, the department	21492
shall calculate and pay to each internet- or computer-based	21493
community school only the amounts described in divisions (D)(1) to	21494
(3) of this section. Furthermore, the sum of the payments to all	21495
community schools under divisions (D)(1), (2), and (4) to (10) of	21496
this section for the students entitled to attend school in any	21497
particular school district shall not exceed the sum of that	21498
district's ~~SF-3 payment~~state education aid and its payment under	21499
sections 321.24 and 323.156 of the Revised Code. If the sum of the	21500
payments calculated under those divisions for the students	21501
entitled to attend school in a particular school district exceeds	21502
the sum of that district's ~~SF-3 payment~~state education aid and	21503
its payment under sections 321.24 and 323.156 of the Revised Code,	21504
the department shall calculate and apply a proration factor to the	21505
payments to all community schools under those divisions for the	21506
students entitled to attend school in that district.	21507

(1) Subject to section 3314.085 of the Revised Code, an	21508
amount equal to the sum of the amounts obtained when the number of	21509
students enrolled in grades one through twelve, plus one-half of	21510
the kindergarten students in the school, reported under divisions	21511
(B)(2)(a), (b), and (e) of this section who are not receiving	21512
special education and related services pursuant to an IEP for a	21513
~~handicap~~disability described in section 3317.013 of the Revised	21514
Code is multiplied by the ~~greater of the following:~~	21515

~~(a) The community school's fiscal year 2005 base formula~~	21516
~~amount, as adjusted by the fiscal year 2005 cost-of-doing-business~~	21517
~~factor of the school district in which the student is entitled to~~	21518
~~attend school;~~	21519

~~(b) The~~ sum of (the community school's ~~current~~ base formula	21520
amount ~~times the current cost-of-doing-business factor of the~~	21521
~~school district in which the student is entitled to attend school)~~	21522
plus the per pupil amount of the base funding supplements	21523
specified in divisions (C)(1) to (4) of section 3317.012 of the	21524
Revised Code.	21525

(2) Prior to fiscal year 2007, the greater of the amount	21526
calculated under division (D)(2)(a) or (b) of this section, and in	21527
fiscal year 2007 and thereafter, the amount calculated under	21528
division (D)(2)(b) of this section:	21529

(a) The aggregate amount that the department paid to the	21530
community school in fiscal year 1999 for students receiving	21531
special education and related services pursuant to IEPs, excluding	21532
federal funds and state disadvantaged pupil impact aid funds;	21533

(b) The sum of the amounts calculated under divisions	21534
(D)(2)(b)(i) and (ii) of this section:	21535

(i) For each student reported under division (B)(2)(c) of	21536
this section as enrolled in the school in grades one through	21537
twelve and receiving special education and related services	21538
pursuant to an IEP for a ~~handicap~~disability described in section	21539
3317.013 of the Revised Code, the following amount:	21540

~~the greater of (the community school's fiscal year 2005~~

21541

~~base formula amount X the fiscal year 2005~~

21542

~~cost-of-doing-business factor of the district~~

21543

~~where the student is entitled to attend school)~~

21544

~~or [~~(the school's ~~current~~ base formula amount ~~times~~

21545

~~the current cost-of-doing-business factor of the school district~~

21546

~~where the student is entitled to attend school)~~ plus

21547

the per pupil amount of the base funding supplements specified in

21548

divisions (C)(1) to (4) of section 3317.012 of the Revised Code])

21549

+ (the applicable special education weight X the

21550

community school's base formula amount);

21551

(ii) For each student reported under division (B)(2)(c) of	21552
this section as enrolled in kindergarten and receiving special	21553
education and related services pursuant to an IEP for a ~~handicap~~	21554
disability described in section 3317.013 of the Revised Code,	21555
one-half of the amount calculated under the formula prescribed in	21556
division (D)(2)(b)(i) of this section.	21557

(3) An amount received from federal funds to provide special	21558
education and related services to students in the community	21559
school, as determined by the superintendent of public instruction.	21560

(4) For each student reported under division (B)(2)(d) of	21561
this section as enrolled in vocational education programs or	21562
classes that are described in section 3317.014 of the Revised	21563
Code, are provided by the community school, and are comparable as	21564
determined by the superintendent of public instruction to school	21565
district vocational education programs and classes eligible for	21566
state weighted funding under section 3317.014 of the Revised Code,	21567
an amount equal to the applicable vocational education weight	21568
times the community school's base formula amount times the	21569
percentage of time the student spends in the vocational education	21570
programs or classes.	21571

(5) An amount equal to the sum of the amounts obtained when,	21572
for each school district where the community school's students are	21573
entitled to attend school, the number of that district's students	21574
enrolled in the community school who are included in the	21575
district's poverty student count is multiplied by the per pupil	21576
amount of poverty-based assistance that school district receives	21577
that year pursuant to division ~~(B) or~~ (C) of section 3317.029 of	21578
the Revised Code, as adjusted by any poverty-based assistance	21579
reduction factor of the community school. The per pupil amount of	21580
aid shall be determined as described in division (C)(4) of this	21581
section.	21582

(6) An amount equal to the sum of the amounts obtained when,	21583
for each school district where the community school's students are	21584
entitled to attend school, the district's per pupil amount of aid	21585
received under division (E) of section 3317.029 of the Revised	21586
Code, as adjusted by any poverty-based assistance reduction	21587
factor of the community school, is multiplied by the sum of the	21588
following:	21589

(a) The number of the district's students reported under	21590
division (B)(2)(a) of this section who are enrolled in grades one	21591
to three in that community school and who are not receiving	21592
special education and related services pursuant to an IEP;	21593

(b) One-half of the district's students who are enrolled in	21594
all-day or any other kindergarten class in that community school	21595
and who are not receiving special education and related services	21596
pursuant to an IEP;	21597

(c) One-half of the district's students who are enrolled in	21598
all-day kindergarten in that community school and who are not	21599
receiving special education and related services pursuant to an	21600
IEP.	21601

The district's per pupil amount of aid under division (E) of	21602
section 3317.029 of the Revised Code shall be determined as	21603
described in division (C)(5) of this section.	21604

(7) An amount equal to the sum of the amounts obtained when,	21605
for each school district where the community school's students are	21606
entitled to attend school, the number of that district's students	21607
enrolled in the community school who are identified as	21608
limited-English proficient is multiplied by the district's per	21609
pupil amount received under division (F) of section 3317.029 of	21610
the Revised Code, as adjusted by any poverty-based assistance	21611
reduction factor of the community school.	21612

(8) An amount equal to the sum of the amounts obtained when,	21613
for each school district where the community school's students are	21614
entitled to attend school, the district's per pupil amount	21615
received under division (G) of section 3317.029 of the Revised	21616
Code, as adjusted by any poverty-based assistance reduction factor	21617
of the community school, is multiplied by the sum of the	21618
following:	21619

(a) The number of the district's students enrolled in grades	21620
one through twelve in that community school;	21621

(b) One-half of the number of the district's students	21622
enrolled in kindergarten in that community school.	21623

The district's per pupil amount under division (G) of section	21624
3317.029 of the Revised Code shall be determined as described in	21625
division (C)(7) of this section.	21626

(9) An amount equal to the sum of the amounts obtained when,	21627
for each school district where the community school's students are	21628
entitled to attend school, the district's per pupil amount	21629
received under divisions (H) and (I) of section 3317.029 of the	21630
Revised Code, as adjusted by any poverty-based assistance	21631
reduction factor of the community school, is multiplied by the sum	21632
of the following:	21633

(a) The number of the district's students enrolled in grades	21634
one through twelve in that community school;	21635

(b) One-half of the number of the district's students	21636
enrolled in kindergarten in that community school.	21637

The district's per pupil amount under divisions (H) and (I)	21638
of section 3317.029 of the Revised Code shall be determined as	21639
described in division (C)(8) of this section.	21640

(10) An amount equal to the sum of the amounts obtained when,	21641
for each school district where the community school's students are	21642
entitled to attend school, the district's per pupil amount of	21643
state parity aid funding calculated under either division (C) or	21644
(D) of section 3317.0217 of the Revised Code is multiplied by the	21645
sum of the number of that district's students enrolled in grades	21646
one through twelve, and one-half of the number of that district's	21647
students enrolled in kindergarten, in the community school as	21648
reported under division (B)(2)(a) and (b) of this section.	21649

(E)(1) If a community school's costs for a fiscal year for a	21650
student receiving special education and related services pursuant	21651
to an IEP for a ~~handicap~~disability described in divisions (B) to	21652
(F) of section 3317.013 of the Revised Code exceed the threshold	21653
catastrophic cost for serving the student as specified in division	21654
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	21655
submit to the superintendent of public instruction documentation,	21656
as prescribed by the superintendent, of all its costs for that	21657
student. Upon submission of documentation for a student of the	21658
type and in the manner prescribed, the department shall pay to the	21659
community school an amount equal to the school's costs for the	21660
student in excess of the threshold catastrophic costs.	21661

(2) The community school shall only report under division	21662
(E)(1) of this section, and the department shall only pay for, the	21663
costs of educational expenses and the related services provided to	21664
the student in accordance with the student's individualized	21665
education program. Any legal fees, court costs, or other costs	21666
associated with any cause of action relating to the student may	21667
not be included in the amount.	21668

(F) A community school may apply to the department of	21669
education for preschool ~~handicapped~~children with disabilities or	21670
gifted unit funding the school would receive if it were a school	21671
district. Upon request of its governing authority, a community	21672
school that received unit funding as a school district-operated	21673
school before it became a community school shall retain any units	21674
awarded to it as a school district-operated school provided the	21675
school continues to meet eligibility standards for the unit.	21676

A community school shall be considered a school district and	21677
its governing authority shall be considered a board of education	21678
for the purpose of applying to any state or federal agency for	21679
grants that a school district may receive under federal or state	21680
law or any appropriations act of the general assembly. The	21681
governing authority of a community school may apply to any private	21682
entity for additional funds.	21683

(G) A board of education sponsoring a community school may	21684
utilize local funds to make enhancement grants to the school or	21685
may agree, either as part of the contract or separately, to	21686
provide any specific services to the community school at no cost	21687
to the school.	21688

(H) A community school may not levy taxes or issue bonds	21689
secured by tax revenues.	21690

(I) No community school shall charge tuition for the	21691
enrollment of any student.	21692

(J)(1)(a) A community school may borrow money to pay any	21693
necessary and actual expenses of the school in anticipation of the	21694
receipt of any portion of the payments to be received by the	21695
school pursuant to division (D) of this section. The school may	21696
issue notes to evidence such borrowing. The proceeds of the notes	21697
shall be used only for the purposes for which the anticipated	21698
receipts may be lawfully expended by the school.	21699

(b) A school may also borrow money for a term not to exceed	21700
fifteen years for the purpose of acquiring facilities.	21701

(2) Except for any amount guaranteed under section 3318.50 of	21702
the Revised Code, the state is not liable for debt incurred by the	21703
governing authority of a community school.	21704

(K) For purposes of determining the number of students for	21705
which divisions (D)(5) and (6) of this section applies in any	21706
school year, a community school may submit to the department of	21707
job and family services, no later than the first day of March, a	21708
list of the students enrolled in the school. For each student on	21709
the list, the community school shall indicate the student's name,	21710
address, and date of birth and the school district where the	21711
student is entitled to attend school. Upon receipt of a list under	21712
this division, the department of job and family services shall	21713
determine, for each school district where one or more students on	21714
the list is entitled to attend school, the number of students	21715
residing in that school district who were included in the	21716
department's report under section 3317.10 of the Revised Code. The	21717
department shall make this determination on the basis of	21718
information readily available to it. Upon making this	21719
determination and no later than ninety days after submission of	21720
the list by the community school, the department shall report to	21721
the state department of education the number of students on the	21722
list who reside in each school district who were included in the	21723
department's report under section 3317.10 of the Revised Code. In	21724
complying with this division, the department of job and family	21725
services shall not report to the state department of education any	21726
personally identifiable information on any student.	21727

(L) The department of education shall adjust the amounts	21728
subtracted and paid under divisions (C) and (D) of this section to	21729
reflect any enrollment of students in community schools for less	21730
than the equivalent of a full school year. The state board of	21731
education within ninety days after April 8, 2003, shall adopt in	21732
accordance with Chapter 119. of the Revised Code rules governing	21733
the payments to community schools under this section and section	21734
3314.13 of the Revised Code including initial payments in a school	21735
year and adjustments and reductions made in subsequent periodic	21736
payments to community schools and corresponding deductions from	21737
school district accounts as provided under divisions (C) and (D)	21738
of this section and section 3314.13 of the Revised Code. For	21739
purposes of this section and section 3314.13 of the Revised Code:	21740

(1) A student shall be considered enrolled in the community	21741
school for any portion of the school year the student is	21742
participating at a college under Chapter 3365. of the Revised	21743
Code.	21744

(2) A student shall be considered to be enrolled in a	21745
community school during a school year for the period of time	21746
beginning on the later of the date on which the school both has	21747
received documentation of the student's enrollment from a parent	21748
and the student has commenced participation in learning	21749
opportunities as defined in the contract with the sponsor, or	21750
thirty days prior to the date on which the student is entered into	21751
the education management information system established under	21752
section 3301.0714 of the Revised Code. For purposes of applying	21753
this division and division (L)(3) of this section to a community	21754
school student, "learning opportunities" shall be defined in the	21755
contract, which shall describe both classroom-based and	21756
non-classroom-based learning opportunities and shall be in	21757
compliance with criteria and documentation requirements for	21758
student participation which shall be established by the	21759
department. Any student's instruction time in non-classroom-based	21760
learning opportunities shall be certified by an employee of the	21761
community school. A student's enrollment shall be considered to	21762
cease on the date on which any of the following occur:	21763

(a) The community school receives documentation from a parent	21764
terminating enrollment of the student.	21765

(b) The community school is provided documentation of a	21766
student's enrollment in another public or private school.	21767

(c) The community school ceases to offer learning	21768
opportunities to the student pursuant to the terms of the contract	21769
with the sponsor or the operation of any provision of this	21770
chapter.	21771

(3) AThe department shall determine each community school	21772
student's percentage of full-time equivalency ~~shall be considered~~	21773
~~to be~~based on the percentage ~~the hours~~ of learning ~~opportunity~~	21774
~~offered~~opportunities provided by the community school to that	21775
student, reported either as number of hours or number of days, is	21776
of ~~nine hundred and twenty hours~~the total learning opportunities	21777
offered by the community school to a student who attends for the	21778
school's entire school year. However, no internet- or	21779
computer-based community school shall be credited for any time a	21780
student spends participating in learning opportunities beyond ten	21781
hours within any period of twenty-four consecutive hours. Whether	21782
it reports hours or days of learning opportunities, each community	21783
school shall offer not less than nine hundred twenty hours of	21784
learning opportunities during the school year.	21785

(M) The department of education shall reduce the amounts paid	21786
under division (D) of this section to reflect payments made to	21787
colleges under division (B) of section 3365.07 of the Revised	21788
Code.	21789

(N)(1) No student shall be considered enrolled in any	21790
internet- or computer-based community school or, if applicable to	21791
the student, in any community school that is required to provide	21792
the student with a computer pursuant to division (C) of section	21793
3314.22 of the Revised Code, unless both of the following	21794
conditions are satisfied:	21795

(a) The student possesses or has been provided with all	21796
required hardware and software materials and all such materials	21797
are operational so that the student is capable of fully	21798
participating in the learning opportunities specified in the	21799
contract between the school and the school's sponsor as required	21800
by division (A)(23) of section 3314.03 of the Revised Code;	21801

(b) The school is in compliance with division (A) of section	21802
3314.22 of the Revised Code, relative to such student.	21803

(2) In accordance with policies adopted jointly by the	21804
superintendent of public instruction and the auditor of state, the	21805
department shall reduce the amounts otherwise payable under	21806
division (D) of this section to any community school that includes	21807
in its program the provision of computer hardware and software	21808
materials to any student, if such hardware and software materials	21809
have not been delivered, installed, and activated for each such	21810
student in a timely manner or other educational materials or	21811
services have not been provided according to the contract between	21812
the individual community school and its sponsor.	21813

The superintendent of public instruction and the auditor of	21814
state shall jointly establish a method for auditing any community	21815
school to which this division pertains to ensure compliance with	21816
this section.	21817

The superintendent, auditor of state, and the governor shall	21818
jointly make recommendations to the general assembly for	21819
legislative changes that may be required to assure fiscal and	21820
academic accountability for such schools.	21821

(O)(1) If the department determines that a review of a	21822
community school's enrollment is necessary, such review shall be	21823
completed and written notice of the findings shall be provided to	21824
the governing authority of the community school and its sponsor	21825
within ninety days of the end of the community school's fiscal	21826
year, unless extended for a period not to exceed thirty additional	21827
days for one of the following reasons:	21828

(a) The department and the community school mutually agree to	21829
the extension.	21830

(b) Delays in data submission caused by either a community	21831
school or its sponsor.	21832

(2) If the review results in a finding that additional	21833
funding is owed to the school, such payment shall be made within	21834
thirty days of the written notice. If the review results in a	21835
finding that the community school owes moneys to the state, the	21836
following procedure shall apply:	21837

(a) Within ten business days of the receipt of the notice of	21838
findings, the community school may appeal the department's	21839
determination to the state board of education or its designee.	21840

(b) The board or its designee shall conduct an informal	21841
hearing on the matter within thirty days of receipt of such an	21842
appeal and shall issue a decision within fifteen days of the	21843
conclusion of the hearing.	21844

(c) If the board has enlisted a designee to conduct the	21845
hearing, the designee shall certify its decision to the board. The	21846
board may accept the decision of the designee or may reject the	21847
decision of the designee and issue its own decision on the matter.	21848

(d) Any decision made by the board under this division is	21849
final.	21850

(3) If it is decided that the community school owes moneys to	21851
the state, the department shall deduct such amount from the	21852
school's future payments in accordance with guidelines issued by	21853
the superintendent of public instruction.	21854

(P) The department shall not subtract from a school	21855
district's state aid account under division (C) of this section	21856
and shall not pay to a community school under division (D) of this	21857
section any amount for any of the following:	21858

(1) Any student who has graduated from the twelfth grade of a	21859
public or nonpublic high school;	21860

(2) Any student who is not a resident of the state;

21861

(3) Any student who was enrolled in the community school	21862
during the previous school year when tests were administered under	21863
section 3301.0711 of the Revised Code but did not take one or more	21864
of the tests required by that section and was not excused pursuant	21865
to division (C)(1) or (3) of that section, unless the	21866
superintendent of public instruction grants the student a waiver	21867
from the requirement to take the test and a parent is not paying	21868
tuition for the student pursuant to section 3314.26 of the Revised	21869
Code. The superintendent may grant a waiver only for good cause in	21870
accordance with rules adopted by the state board of education.	21871

(4) Any student who has attained the age of twenty-two years,	21872
except for veterans of the armed services whose attendance was	21873
interrupted before completing the recognized twelve-year course of	21874
the public schools by reason of induction or enlistment in the	21875
armed forces and who apply for enrollment in a community school	21876
not later than four years after termination of war or their	21877
honorable discharge. If, however, any such veteran elects to	21878
enroll in special courses organized for veterans for whom tuition	21879
is paid under federal law, or otherwise, the department shall not	21880
subtract from a school district's state aid account under division	21881
(C) of this section and shall not pay to a community school under	21882
division (D) of this section any amount for that veteran.	21883

Sec. 3314.083. If the department of education pays a joint	21884
vocational school district under division (G)(4) of section	21885
3317.16 of the Revised Code for excess costs of providing special	21886
education and related services to a ~~handicapped~~ student with a	21887
disability who is enrolled in a community school, as calculated	21888
under division (G)(2) of that section, the department shall deduct	21889
the amount of that payment from the amount calculated for payment	21890
to the community school under section 3314.08 of the Revised Code.	21891

Sec. 3314.086. If the department of education is required to	21892
pay an amount under section 3353.25 of the Revised Code to a	21893
school district delivering a course included in the clearinghouse	21894
established under section 3353.21 of the Revised Code for a	21895
student enrolled in a community school established under this	21896
chapter, the department shall deduct the amount of that payment	21897
from the amount calculated for payment to the community school	21898
under section 3314.08 of the Revised Code.	21899

Sec. 3314.087. (A) As used in this section:

21900

(1) "Career-technical program" means vocational programs or	21901
classes described in division (A) or (B) of section 3317.014 of	21902
the Revised Code in which a student is enrolled.	21903

(2) "Formula ADM," "category one or two vocational education	21904
ADM," and "FTE basis" have the same meanings as in section 3317.02	21905
of the Revised Code.	21906

(3) "Resident school district" means the city, exempted	21907
village, or local school district in which a student is entitled	21908
to attend school under section 3313.64 or 3313.65 of the Revised	21909
Code.	21910

(B) Notwithstanding anything to the contrary in this chapter	21911
or Chapter 3317. of the Revised Code, a student enrolled in a	21912
community school may simultaneously enroll in the career-technical	21913
program operated by the student's resident school district. On an	21914
FTE basis, the student's resident school district shall count the	21915
student in the category one or two vocational education ADM for	21916
the proportion of the time the student is enrolled in the	21917
district's career-technical program and, accordingly, the	21918
department of education shall calculate funds under Chapter 3317.	21919
for the district attributable to the student for the proportion of	21920
time the student attends the career-technical program. The	21921
community school shall count the student in its enrollment report	21922
under section 3314.08 of the Revised Code and shall report to the	21923
department the proportion of time that the student attends classes	21924
at the community school. The department shall pay the community	21925
school and deduct from the student's resident school district the	21926
amount computed for the student under section 3314.08 of the	21927
Revised Code in proportion to the fraction of the time on an FTE	21928
basis that the student attends classes at the community school.	21929
"Full-time equivalency" for a community school student, as defined	21930
in division (L) of section 3314.08 of the Revised Code, does not	21931
apply to the student.	21932

Sec. 3314.088. This section applies to any student who, in	21933
accordance with division (A)(6)(b) of section 3314.03 of the	21934
Revised Code, is withdrawn from a community school managed by an	21935
operator for failure to participate in one hundred five	21936
consecutive hours of the learning opportunities offered to the	21937
student without a legitimate excuse.	21938

If a student to whom this section applies enrolls in the same	21939
community school or a different community school managed by the	21940
same operator in the same school year after becoming subject to	21941
this section and that community school subsequently withdraws the	21942
student in accordance with division (A)(6)(b) of section 3314.03	21943
of the Revised Code prior to the end of the same school year, the	21944
department of education shall not pay any state funds under this	21945
chapter for the student to that community school, and shall not	21946
deduct any funds under this chapter for the student from the state	21947
aid account of the school district in which the student is	21948
entitled to attend school, for the period of one hundred five	21949
consecutive hours of learning opportunities in which the student	21950
failed to participate without a legitimate excuse.	21951

Sec. 3314.19. The sponsor of each community school annually	21952
shall provide the following assurances in writing to the	21953
department of education not later than ten business days prior to	21954
the opening of the school:	21955

(A) That a current copy of the contract between the sponsor	21956
and the governing authority of the school entered into under	21957
section 3314.03 of the Revised Code has been filed with the state	21958
office of community schools established under section 3314.11 of	21959
the Revised Code and that any subsequent modifications to that	21960
contract will be filed with the office;	21961

(B) That the school has submitted to the sponsor a plan for	21962
providing special education and related services to students with	21963
disabilities and has demonstrated the capacity to provide those	21964
services in accordance with Chapter 3323. of the Revised Code and	21965
federal law;	21966

(C) That the school has a plan and procedures for	21967
administering the achievement tests and diagnostic assessments	21968
prescribed by sections 3301.0710 and 3301.0715 of the Revised	21969
Code;	21970

(D) That school personnel have the necessary training,	21971
knowledge, and resources to properly use and submit information to	21972
all databases maintained by the department for the collection of	21973
education data, including the education management information	21974
system established under section 3301.0714 of the Revised Code in	21975
accordance with methods and timelines established under section	21976
3314.17 of the Revised Code;	21977

(E) That all required information about the school has been	21978
submitted to the Ohio education directory system or any successor	21979
system;	21980

(F) That the school will enroll at least the minimum number	21981
of students required by division (A)(11)(a) of section 3314.03 of	21982
the Revised Code in the school year for which the assurances are	21983
provided;	21984

(G) That all classroom teachers are licensed in accordance	21985
with sections 3319.22 to 3319.31 of the Revised Code, except for	21986
noncertificated persons engaged to teach up to twelve hours per	21987
week pursuant to section 3319.301 of the Revised Code;	21988

(H) That the school's fiscal officer is in compliance with	21989
section 3314.011 of the Revised Code;	21990

(I) That the school has complied with section 3319.39 of the	21991
Revised Code with respect to all employees who are responsible for	21992
the care, custody, or control of a child and that the school has	21993
conducted a criminal records check of each of its governing	21994
authority members;	21995

(J) That the school holds all of the following:

21996

(1) Proof of property ownership or a lease for the facilities	21997
used by the school;	21998

(2) A certificate of occupancy;

21999

(3) Liability insurance for the school, as required by	22000
division (A)(11)(b) of section 3314.03 of the Revised Code, that	22001
the sponsor considers sufficient to indemnify the school's	22002
facilities, staff, and governing authority against risk;	22003

(4) A satisfactory health and safety inspection;

22004

(5) A satisfactory fire inspection;

22005

(6) A valid food permit, if applicable.

22006

(K) That the sponsor has conducted a pre-opening site visit	22007
to the school for the school year for which the assurances are	22008
provided;	22009

(L) That the school has designated a date it will open for	22010
the school year for which the assurances are provided that is in	22011
compliance with division (A)(25) of section 3314.03 of the Revised	22012
Code;	22013

(M) That the school has met all of the sponsor's requirements	22014
for opening and any other requirements of the sponsor.	22015

Sec. 3317.01. As used in this section and section 3317.011	22016
of the Revised Code, "school district," unless otherwise	22017
specified, means any city, local, exempted village, joint	22018
vocational, or cooperative education school district and any	22019
educational service center.	22020

This chapter shall be administered by the state board of	22021
education. The superintendent of public instruction shall	22022
calculate the amounts payable to each school district and shall	22023
certify the amounts payable to each eligible district to the	22024
treasurer of the district as provided by this chapter. As soon as	22025
possible after such amounts are calculated, the superintendent	22026
shall certify to the treasurer of each school district the	22027
district's adjusted charge-off increase, as defined in section	22028
5705.211 of the Revised Code. No moneys shall be distributed	22029
pursuant to this chapter without the approval of the controlling	22030
board.	22031

The state board of education shall, in accordance with	22032
appropriations made by the general assembly, meet the financial	22033
obligations of this chapter.	22034

Annually, the department of education shall calculate and	22035
report to each school district the district's total state and	22036
local funds for providing an adequate basic education to the	22037
district's ~~nonhandicapped~~nondisabled students, utilizing the	22038
determination in section 3317.012 of the Revised Code. In	22039
addition, the department shall calculate and report separately for	22040
each school district the district's total state and local funds	22041
for providing an adequate education for its ~~handicapped~~ students	22042
with disabilities, utilizing the determinations in both sections	22043
3317.012 and 3317.013 of the Revised Code.	22044

Not later than the thirty-first day of August of each fiscal	22045
year, the department of education shall provide to each school	22046
district and county MR/DD board a preliminary estimate of the	22047
amount of funding that the department calculates the district will	22048
receive under each of divisions (C)(1) and (4) of section 3317.022	22049
of the Revised Code. No later than the first day of December of	22050
each fiscal year, the department shall update that preliminary	22051
estimate.	22052

Moneys distributed pursuant to this chapter shall be	22053
calculated and paid on a fiscal year basis, beginning with the	22054
first day of July and extending through the thirtieth day of June.	22055
The moneys appropriated for each fiscal year shall be distributed	22056
at least monthly to each school district unless otherwise provided	22057
for. The state board shall submit a yearly distribution plan to	22058
the controlling board at its first meeting in July. The state	22059
board shall submit any proposed midyear revision of the plan to	22060
the controlling board in January. Any year-end revision of the	22061
plan shall be submitted to the controlling board in June. If	22062
moneys appropriated for each fiscal year are distributed other	22063
than monthly, such distribution shall be on the same basis for	22064
each school district.	22065

The total amounts paid each month shall constitute, as nearly	22066
as possible, one-twelfth of the total amount payable for the	22067
entire year.	22068

~~Until fiscal year 2007, payments~~Payments made during the	22069
first six months of the fiscal year may be based on an estimate of	22070
the amounts payable for the entire year. Payments made in the last	22071
six months shall be based on the final calculation of the amounts	22072
payable to each school district for that fiscal year. Payments	22073
made in the last six months may be adjusted, if necessary, to	22074
correct the amounts distributed in the first six months, and to	22075
reflect enrollment increases when such are at least three per	22076
cent.	22077

~~Beginning in fiscal year 2007, payments shall be calculated~~	22078
~~to reflect the biannual reporting of average daily membership. In~~	22079
~~fiscal year 2007 and in each fiscal year thereafter, annualized~~	22080
~~periodic payments for each school district shall be based on the~~	22081
~~district's student counts certified pursuant to section 3317.03 of~~	22082
~~the Revised Code as follows:~~	22083

~~the sum of one-half of the number of students reported~~

22084

~~for the first full week in October plus one-half of the~~

22085

~~average of the numbers reported for the first full week~~

22086

~~in October and for the first full week in February~~

22087

Except as otherwise provided, payments under this chapter	22088
shall be made only to those school districts in which:	22089

(A) The school district, except for any educational service	22090
center and any joint vocational or cooperative education school	22091
district, levies for current operating expenses at least twenty	22092
mills. Levies for joint vocational or cooperative education	22093
school districts or county school financing districts, limited to	22094
or to the extent apportioned to current expenses, shall be	22095
included in this qualification requirement. School district income	22096
tax levies under Chapter 5748. of the Revised Code, limited to or	22097
to the extent apportioned to current operating expenses, shall be	22098
included in this qualification requirement to the extent	22099
determined by the tax commissioner under division (D) of section	22100
3317.021 of the Revised Code.	22101

(B) The school year next preceding the fiscal year for which	22102
such payments are authorized meets the requirement of section	22103
3313.48 or 3313.481 of the Revised Code, with regard to the	22104
minimum number of days or hours school must be open for	22105
instruction with pupils in attendance, for individualized	22106
parent-teacher conference and reporting periods, and for	22107
professional meetings of teachers. This requirement shall be	22108
waived by the superintendent of public instruction if it had been	22109
necessary for a school to be closed because of disease epidemic,	22110
hazardous weather conditions, inoperability of school buses or	22111
other equipment necessary to the school's operation, damage to a	22112
school building, or other temporary circumstances due to utility	22113
failure rendering the school building unfit for school use,	22114
provided that for those school districts operating pursuant to	22115
section 3313.48 of the Revised Code the number of days the school	22116
was actually open for instruction with pupils in attendance and	22117
for individualized parent-teacher conference and reporting periods	22118
is not less than one hundred seventy-five, or for those school	22119
districts operating on a trimester plan the number of days the	22120
school was actually open for instruction with pupils in attendance	22121
not less than seventy-nine days in any trimester, for those school	22122
districts operating on a quarterly plan the number of days the	22123
school was actually open for instruction with pupils in attendance	22124
not less than fifty-nine days in any quarter, or for those school	22125
districts operating on a pentamester plan the number of days the	22126
school was actually open for instruction with pupils in attendance	22127
not less than forty-four days in any pentamester.	22128

A school district shall not be considered to have failed to	22129
comply with this division or section 3313.481 of the Revised Code	22130
because schools were open for instruction but either twelfth grade	22131
students were excused from attendance for up to three days or only	22132
a portion of the kindergarten students were in attendance for up	22133
to three days in order to allow for the gradual orientation to	22134
school of such students.	22135

The superintendent of public instruction shall waive the	22136
requirements of this section with reference to the minimum number	22137
of days or hours school must be in session with pupils in	22138
attendance for the school year succeeding the school year in which	22139
a board of education initiates a plan of operation pursuant to	22140
section 3313.481 of the Revised Code. The minimum requirements of	22141
this section shall again be applicable to such a district	22142
beginning with the school year commencing the second July	22143
succeeding the initiation of one such plan, and for each school	22144
year thereafter.	22145

A school district shall not be considered to have failed to	22146
comply with this division or section 3313.48 or 3313.481 of the	22147
Revised Code because schools were open for instruction but the	22148
length of the regularly scheduled school day, for any number of	22149
days during the school year, was reduced by not more than two	22150
hours due to hazardous weather conditions.	22151

(C) The school district has on file, and is paying in	22152
accordance with, a teachers' salary schedule which complies with	22153
section 3317.13 of the Revised Code.	22154

A board of education or governing board of an educational	22155
service center which has not conformed with other law and the	22156
rules pursuant thereto, shall not participate in the distribution	22157
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	22158
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	22159
and sufficient reason established to the satisfaction of the state	22160
board of education and the state controlling board.	22161

All funds allocated to school districts under this chapter,	22162
except those specifically allocated for other purposes, shall be	22163
used to pay current operating expenses only.	22164

Sec. 3317.012. (A) The general assembly, having deliberated	22165
on the model with which to calculate the base cost of an adequate	22166
education per pupil, has made a policy decision to calculate that	22167
amount as consisting of the following building blocks:	22168

(1) Base classroom teachers;

22169

(2) Other personnel support, which includes additional	22170
teachers, such as music, arts, and physical education teachers	22171
funded by state, local, or federal funds or other funds that are	22172
above the base cost funding level, and other school personnel	22173
including administrators;	22174

(3) Nonpersonnel support.

22175

This model reflects policy decisions made by the general	22176
assembly concerning the cost of base classroom teachers, which	22177
decisions entail two policy variables: the number of students per	22178
base classroom teacher necessary for an adequate education and the	22179
average compensation for a base classroom teacher necessary for an	22180
adequate education. The model requires the general assembly to	22181
decide the amount of other personnel support necessary for an	22182
adequate education~~, and increase that amount from year to year by~~	22183
~~the same percentage as it increases the average compensation for~~	22184
~~base classroom teachers~~. The model finally requires the general	22185
assembly to decide the nonpersonnel costs necessary for an	22186
adequate education and to inflate the nonpersonnel costs from year	22187
to year using the projected inflationary measure for the gross	22188
domestic product deflator (all items) prepared by the bureau of	22189
labor statistics of the United States department of labor.	22190

(B)(1) For fiscal year ~~2006~~2008, the general assembly has	22191
resolved that a ratio of one base classroom teacher per twenty	22192
students is necessary for an adequate education. The general	22193
assembly has made a policy decision that the average compensation	22194
for base classroom teachers is ~~$53,680~~$56,754 for fiscal year	22195
~~2006~~2008, which includes an amount for the value of fringe	22196
benefits. For fiscal year ~~2007~~2009, the general assembly has	22197
resolved that a ratio of one base classroom teacher per twenty	22198
students is necessary for an adequate education. The general	22199
assembly has made a policy decision that the average compensation	22200
for base classroom teachers is ~~$54,941~~$58,621 for fiscal year	22201
2009, which includes an amount for the value of fringe benefits.	22202
Based on a ratio of twenty students per base classroom teacher,	22203
these amounts equal ~~$2,684~~$2,838 per pupil in fiscal year ~~2006~~	22204
2008 and ~~$2,747~~$2,931 per pupil in fiscal year ~~2007~~2009.	22205

(2) The general assembly has made a policy decision that the	22206
per pupil cost of salary and benefits of other personnel support	22207
is ~~$1,807~~$1,905 in fiscal year ~~2006~~2008. Based on the percentage	22208
increase for the ~~average compensation of base classroom teachers~~	22209
per pupil cost of salary and benefits of other personnel support	22210
from fiscal year ~~2006~~2007 to fiscal year ~~2007~~2008, the per pupil	22211
cost of other personnel support is ~~$1,850~~$1,962 in fiscal year	22212
~~2007~~2009.	22213

(3) The general assembly has made a policy decision that the	22214
per pupil cost of nonpersonnel support is ~~$792~~$822 in fiscal year	22215
~~2006~~2008 and ~~$806~~$839 in fiscal year ~~2007~~2009. The amount for	22216
fiscal year ~~2007~~2009 reflects the projected inflationary measure	22217
for the gross domestic product deflator (all items) of ~~1.80%~~	22218
2.00%.	22219

(4) Based on the determinations specified in divisions (B)(1)	22220
to (3) of this section, the per-pupil base cost is ~~$5,283~~$5,565	22221
in fiscal year ~~2006~~2008 and ~~$5,403~~$5,732 in fiscal year ~~2007~~	22222
2009.	22223

(C) In addition to the per-pupil base cost as determined	22224
under divisions (A) and (B) of this section, the general assembly	22225
determines that the following base funding supplements shall be	22226
paid to each school district:	22227

(1) Base funding for large-group academic intervention for	22228
all students, based on 25 hours per group of students per year at	22229
an hourly rate of ~~$20.00~~$21.01 in fiscal year ~~2006~~2008 and	22230
~~$20.40~~$21.64 in fiscal year ~~2007~~2009, as follows:	22231

large-group intervention units X 25 hours X hourly rate

22232

Where:

22233

(a) "Large-group intervention units" equals the district's	22234
formula ADM divided by 20;	22235

(b) "Hourly rate" equals ~~$20.00~~$21.01 in fiscal year ~~2006~~	22236
2008 and ~~$20.40~~$21.64 in fiscal year ~~2007~~2009.	22237

(2) Base funding for professional development, phased in	22238
according to the following formula:	22239

district's teacher factor X 0.045 X

22240

formula amount X phase-in percentage

22241

Where:

22242

(a) For each school district, the district's "teacher factor"	22243
is the district's formula ADM divided by 17;	22244

(b) "Phase-in percentage" equals ~~0.25 in fiscal year 2006 and~~	22245
0.75 ~~in fiscal year 2007~~.	22246

(3) Base funding for data-based decision making, calculated	22247
according to the following formula:	22248

0.001 X formula amount X formula ADM

22249

(4) Base funding for professional development regarding	22250
data-based decision making, calculated according to the following	22251
formula:	22252

(0.20 X the district's teacher factor X 0.08 X formula amount) +

22253

(the district's principal factor X

22254

0.08 X formula amount)

22255

Where:

22256

(a) For each school district, the district's "teacher factor"	22257
is the district's formula ADM divided by 17;	22258

(b) For each school district, the district's "principal	22259
factor" is the district's formula ADM divided by 340.	22260

(D) The general assembly intends that school districts spend	22261
the state funds calculated and paid for each component of the	22262
building blocks methodology described in divisions (B)(1) to (3)	22263
and (C)(1) to (4) of this section according to the purposes	22264
described in those divisions.	22265

Sec. 3317.013. Except for a ~~handicapped~~ preschool child with	22266
a disability for whom a scholarship has been awarded under section	22267
3310.41 of the Revised Code, this section does not apply to	22268
~~handicapped~~ preschool ~~students~~children with disabilities.	22269

Analysis of special education cost data has resulted in a	22270
finding that the average special education additional cost per	22271
pupil, including the costs of related services, can be expressed	22272
as a multiple of the base cost per pupil calculated under section	22273
3317.012 of the Revised Code. The multiples for the following	22274
categories of special education programs, as these programs are	22275
defined for purposes of Chapter 3323. of the Revised Code, and	22276
adjusted as provided in this section, are as follows:	22277

(A) A multiple of 0.2892 for students whose primary or only	22278
identified ~~handicap~~disability is a speech and language ~~handicap~~	22279
disability, as this term is defined pursuant to Chapter 3323. of	22280
the Revised Code;	22281

(B) A multiple of 0.3691 for students identified as specific	22282
learning disabled or developmentally ~~handicapped~~disabled, as	22283
these terms are defined pursuant to Chapter 3323. of the Revised	22284
Code, or as having an other health ~~handicapped-minor~~	22285
impairment-minor;	22286

(C) A multiple of 1.7695 for students identified as hearing	22287
~~handicapped~~disabled, vision impaired, or severe behavior	22288
~~handicapped~~disabled, as these terms are defined pursuant to	22289
Chapter 3323. of the Revised Code;	22290

(D) A multiple of 2.3646 for students identified as	22291
orthopedically ~~handicapped~~disabled, as this term is defined	22292
pursuant to Chapter 3323. of the Revised Code or as having an	22293
other health ~~handicapped - major~~impairment-major;	22294

(E) A multiple of 3.1129 for students identified as	22295
~~multihandicapped~~having multiple disabilities, as this term is	22296
defined pursuant to Chapter 3323. of the Revised Code;	22297

(F) A multiple of 4.7342 for students identified as autistic,	22298
having traumatic brain injuries, or as both visually and hearing	22299
~~disabled~~impaired, as these terms are defined pursuant to Chapter	22300
3323. of the Revised Code.	22301

In fiscal ~~year 2004~~years 2008 and 2009, the multiples	22302
specified in divisions (A) to (F) of this section ~~shall be~~	22303
~~adjusted by multiplying them by 0.88. In fiscal years 2005, 2006,~~	22304
~~and 2007, the multiples specified in those divisions~~ shall be	22305
adjusted by multiplying them by 0.90.	22306

Not later than the thirtieth day of ~~May~~December in ~~2004,~~	22307
~~2005, 2006, and~~ 2007, 2008, and 2009, the department of education	22308
shall submit to the office of budget and management a report that	22309
specifies for each city, local, exempted village, and joint	22310
vocational school district the fiscal year allocation of the state	22311
and local shares of special education and related services	22312
additional weighted funding and federal special education funds	22313
passed through to the district.	22314

Sec. 3317.014. The average vocational education additional	22315
cost per pupil can be expressed as a multiple of the base cost per	22316
pupil calculated under section 3317.012 of the Revised Code. ~~the~~	22317
The multiples for the following categories of vocational education	22318
programs are as follows:	22319

(A) A multiple of 0.57 for students enrolled in vocational	22320
education job-training and workforce development programs approved	22321
by the department of education in accordance with rules adopted	22322
under section 3313.90 of the Revised Code.	22323

(B) A multiple of 0.28 for students enrolled in vocational	22324
education classes other than job-training and workforce	22325
development programs.	22326

Vocational education associated services costs can be	22327
expressed as a multiple of 0.05 of the base cost per pupil	22328
calculated under section 3317.012 of the Revised Code.	22329

~~The general assembly has adjusted the multiples specified in~~	22330
~~this section for calculating payments beginning in fiscal year~~	22331
~~2002 in recognition that its policy change regarding the~~	22332
~~application of the cost-of-doing-business factor produces a higher~~	22333
~~base cost amount than would exist if no change were made to its~~	22334
~~application. The adjustment maintains the same weighted costs as~~	22335
~~would exist if no change were made to the application of the~~	22336
~~cost-of-doing-business factor.~~	22337

~~The~~By the thirtieth day of each December, the department of	22338
education shall ~~annually~~ report to the ~~governor~~office of budget	22339
and management and the general assembly the amount of weighted	22340
funding for vocational education and associated services that is	22341
was spent by each city, local, exempted village, and joint	22342
vocational school district specifically for vocational educational	22343
and associated services during the previous fiscal year.	22344

Sec. 3317.015. (A) In addition to the information certified	22345
to the department of education and the office of budget and	22346
management under division (A) of section 3317.021 of the Revised	22347
Code, the tax commissioner shall, at the same time, certify the	22348
following information to the department and the office of budget	22349
and management for each city, exempted village, and local school	22350
district to be used for the same purposes as described under that	22351
division:	22352

(1) The taxable value of the school district's carryover	22353
property, as defined in section 319.301 of the Revised Code, for	22354
the preceding tax year;	22355

(2) The increase in such carryover value, if any, between the	22356
second preceding tax year and the preceding tax year as used in	22357
calculating the percentage reduction under section 319.301 of the	22358
Revised Code.	22359

(B) For each fiscal year the department of education shall	22360
calculate each school district's recognized valuation in the	22361
following manner:	22362

(1) For a school district located in a county in which a	22363
reappraisal or triennial update occurred in the preceding tax	22364
year, the recognized valuation equals the district's total taxable	22365
value for the preceding tax year minus two-thirds times the	22366
increase in the carryover value from the second preceding tax year	22367
to the preceding tax year.	22368

(2) For a school district located in a county in which a	22369
reappraisal or triennial update occurred in the second preceding	22370
tax year, the recognized valuation equals the district's total	22371
taxable value for the preceding tax year minus one-third times the	22372
increase in the carryover value from the third preceding tax year	22373
to the second preceding tax year.	22374

(3) For a school district located in a county in which a	22375
reappraisal or triennial update occurred in the third preceding	22376
tax year, the recognized valuation equals the district's total	22377
taxable value for the preceding tax year.	22378

Sec. 3317.016. In addition to its form SF-3, or any successor	22379
to that form, the department of education shall publish on its web	22380
site a spreadsheet for each school district that specifies the	22381
constituent components of the district's "building blocks" funds,	22382
as follows:	22383

(A) For compensation of base classroom teachers, as described	22384
in division (B)(1) of section 3317.012 of the Revised Code, each	22385
spreadsheet shall specify the district's aggregate and per pupil	22386
amounts of state funds and of combined state and local funds, the	22387
average compensation decided by the general assembly for base	22388
classroom teachers, as specified in that division, and the number	22389
of base classroom teachers attributable to the district based on	22390
the student-teacher ratio decided by the general assembly, as	22391
specified in that division.	22392

(B) Each spreadsheet shall specify the district's aggregate	22393
and per pupil amounts of state funds and of combined state and	22394
local funds for each of the following:	22395

(1) Other personnel support, as described in division (B)(2)	22396
of section 3317.012 of the Revised Code;	22397

(2) Nonpersonnel support, as described in division (B)(3) of	22398
that section;	22399

(3) Academic intervention services, as described in division	22400
(C)(1) of that section;	22401

(4) Professional development, as described in division (C)(2)	22402
of that section;	22403

(5) Data-based decision making, as described in division	22404
(C)(3) of that section;	22405

(6) Professional development for data-based decision making,	22406
as described in division (C)(4) of that section.	22407

(C) Each spreadsheet shall separately specify the district's	22408
aggregate and per pupil state funds for each of the following	22409
components of poverty-based assistance under section 3317.029 of	22410
the Revised Code:	22411

(1) ~~Poverty-based assistance guarantee payment under division~~	22412
~~(B) of that section;~~	22413

~~(2)~~ Academic intervention funding under division (C) of that	22414
section;	22415

~~(3)~~(2) All-day kindergarten under division (D) of that	22416
section;	22417

~~(4) Class-size reduction~~(3) Increased classroom learning	22418
opportunities under division (E) of that section;	22419

~~(5)~~(4) Services to limited English proficient students under	22420
division (F) of that section;	22421

~~(6)~~(5) Professional development, under division (G) of that	22422
section;	22423

~~(7)~~(6) Dropout prevention under division (H) of that section;

22424

~~(8)~~(7) Community outreach under division (I) of that section;

22425

(8) Assistance in closing the achievement gap under division	22426
(K) of that section.	22427

Sec. 3317.017. (A) Not later than July 1, 2006, the	22428
superintendent of public instruction shall adopt a rule under	22429
which the superintendent may issue an order with respect to the	22430
spending, by a school district declared to be under an academic	22431
watch or in a state of academic emergency under section 3302.03 of	22432
the Revised Code, of the following state building block funds	22433
intended to pay instructional-related costs:	22434

(1) State funds for compensation of base classroom teachers,	22435
as described in division (B)(1) of section 3317.012 of the Revised	22436
Code;	22437

(2) State funds for academic intervention services under	22438
division (C)(1) of section 3317.012 and division (C) of section	22439
3317.029 of the Revised Code;	22440

(3) State funds for professional development under divisions	22441
(C)(2) and (4) of section 3317.012 and division (G) of section	22442
3317.029 of the Revised Code;	22443

(4) State funds for data based decision making under division	22444
(C)(3) of section 3317.012 of the Revised Code;	22445

(5) ~~The poverty-based assistance guarantee payment under~~	22446
~~division (B) of section 3317.029 of the Revised Code;~~	22447

~~(6)~~ State funds for all-day kindergarten under division (D)	22448
of section 3317.029 of the Revised Code;	22449

~~(7)~~(6) State funds for ~~class-size reduction~~increased	22450
classroom learning opportunities under division (E) of section	22451
3317.029 of the Revised Code;	22452

~~(8)~~(7) State funds for services to limited English proficient	22453
students under division (F) of section 3317.029 of the Revised	22454
Code;	22455

~~(9)~~(8) State funds for dropout prevention under division (H)	22456
of section 3317.029 of the Revised Code;	22457

~~(10)~~(9) State funds for community outreach under division (I)	22458
of section 3317.029 of the Revised Code;	22459

(10) State funds for assistance in closing the achievement	22460
gap under division (K) of section 3317.029 of the Revised Code.	22461

(B) The rule shall authorize the superintendent of public	22462
instruction to issue an order that does one or a combination of	22463
the following:	22464

(1) Requires the school district to periodically report to	22465
the superintendent of public instruction on its spending of the	22466
state funds paid for each building blocks component described in	22467
divisions (A)(1) to (10) of this section;	22468

(2) Requires the district to establish a separate account for	22469
each of the building blocks components described in divisions	22470
(A)(1) to (10) of this section to which the district shall credit	22471
the state funds paid for each;	22472

(3) Directs the district's spending of any or all of the	22473
state funds paid for the components described in divisions (A)(1)	22474
to (10) of this section in accordance with the descriptions and	22475
requirements of sections 3317.012 and 3317.029 of the Revised	22476
Code.	22477

(C) The rule shall specify situations in which the	22478
superintendent may issue an order and the types of orders the	22479
superintendent will issue for each of those situations. The rule,	22480
however, shall authorize the superintendent to issue orders in	22481
situations that are not enumerated or described in the rule.	22482

(D) The board of education of each school district to which	22483
the superintendent of public instruction issues an order pursuant	22484
to the rule adopted under this section shall comply with that	22485
order.	22486

Sec. 3317.02. As used in this chapter:

22487

(A) Unless otherwise specified, "school district" means city,	22488
local, and exempted village school districts.	22489

(B) "Formula amount" means the base cost for the fiscal year	22490
specified in division (B)(4) of section 3317.012 of the Revised	22491
Code.	22492

(C) "FTE basis" means a count of students based on full-time	22493
equivalency, in accordance with rules adopted by the department of	22494
education pursuant to section 3317.03 of the Revised Code. In	22495
adopting its rules under this division, the department shall	22496
provide for counting any student in category one, two, three,	22497
four, five, or six special education ADM or in category one or two	22498
vocational education ADM in the same proportion the student is	22499
counted in formula ADM.	22500

(D) "Formula ADM" means, for a city, local, or exempted	22501
village school district, the final number verified by the	22502
superintendent of public instruction, based on the number reported	22503
pursuant to division (A) of section 3317.03 of the Revised Code,	22504
~~and~~as adjusted, if so ordered, under division (K) of that	22505
section. "Formula ADM" means, for a joint vocational school	22506
district, the final number verified by the superintendent of	22507
public instruction, based on the number reported pursuant to	22508
division (D) of section 3317.03 of the Revised Code~~. Beginning in~~	22509
~~fiscal year 2007, for payments in which formula ADM is a factor,~~	22510
~~the formula ADM for each school district for the fiscal year is~~	22511
~~the sum of one-half of the number reported for October of that~~	22512
~~fiscal year plus one-half of the average of the numbers reported~~	22513
~~for October and February of that fiscal year~~, as adjusted, if so	22514
ordered, under division (K) of that section.	22515

(E) "Three-year average formula ADM" means the average of	22516
formula ADMs for the ~~current and~~ preceding ~~two~~three fiscal years.	22517

(F)(1) "Category one special education ADM" means the average	22518
daily membership of ~~handicapped~~ children with disabilities	22519
receiving special education services for the ~~handicap~~disability	22520
specified in division (A) of section 3317.013 of the Revised Code	22521
and reported under division (B)(5) or (D)(2)(b) of section 3317.03	22522
of the Revised Code. ~~Beginning in fiscal year 2007, the district's~~	22523
~~category one special education ADM for a fiscal year is the sum of~~	22524
~~one-half of the number reported for October of that fiscal year~~	22525
~~plus one-half of the average of the numbers reported for October~~	22526
~~and February of that fiscal year.~~	22527

(2) "Category two special education ADM" means the average	22528
daily membership of ~~handicapped~~ children with disabilities	22529
receiving special education services for those ~~handicaps~~	22530
disabilities specified in division (B) of section 3317.013 of the	22531
Revised Code and reported under division (B)(6) or (D)(2)(c) of	22532
section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	22533
~~2007, the district's category two special education ADM for a~~	22534
~~fiscal year is the sum of one-half of the number reported for~~	22535
~~October of that fiscal year plus one-half of the average of the~~	22536
~~numbers reported for October and February of that fiscal year.~~	22537

(3) "Category three special education ADM" means the average	22538
daily membership of students receiving special education services	22539
for those ~~handicaps~~disabilities specified in division (C) of	22540
section 3317.013 of the Revised Code, and reported under division	22541
(B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code.	22542
~~Beginning in fiscal year 2007, the district's category three~~	22543
~~special education ADM for a fiscal year is the sum of one-half of~~	22544
~~the number reported for October of that fiscal year plus one-half~~	22545
~~of the average of the numbers reported for October and February of~~	22546
~~that fiscal year.~~	22547

(4) "Category four special education ADM" means the average	22548
daily membership of students receiving special education services	22549
for those ~~handicaps~~disabilities specified in division (D) of	22550
section 3317.013 of the Revised Code and reported under division	22551
(B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code.	22552
~~Beginning in fiscal year 2007, the district's category four~~	22553
~~special education ADM for a fiscal year is the sum of one-half of~~	22554
~~the number reported for October of that fiscal year plus one-half~~	22555
~~of the average of the numbers reported for October and February of~~	22556
~~that fiscal year.~~	22557

(5) "Category five special education ADM" means the average	22558
daily membership of students receiving special education services	22559
for the ~~handicap~~disabilities specified in division (E) of section	22560
3317.013 of the Revised Code and reported under division (B)(9) or	22561
(D)(2)(f) of section 3317.03 of the Revised Code. ~~Beginning in~~	22562
~~fiscal year 2007, the district's category five special education~~	22563
~~ADM for a fiscal year is the sum of one-half of the number~~	22564
~~reported for October of that fiscal year plus one-half of the~~	22565
~~average of the numbers reported for October and February of that~~	22566
~~fiscal year.~~	22567

(6) "Category six special education ADM" means the average	22568
daily membership of students receiving special education services	22569
for the ~~handicap~~disabilities specified in division (F) of section	22570
3317.013 of the Revised Code and reported under division (B)(10)	22571
or (D)(2)(g) of section 3317.03 of the Revised Code. ~~Beginning in~~	22572
~~fiscal year 2007, the district's category six special education~~	22573
~~ADM for a fiscal year is the sum of one-half of the number~~	22574
~~reported for October of that fiscal year plus one-half of the~~	22575
~~average of the numbers reported for October and February of that~~	22576
~~fiscal year.~~	22577

(7) "Category one vocational education ADM" means the average	22578
daily membership of students receiving vocational education	22579
services described in division (A) of section 3317.014 of the	22580
Revised Code and reported under division (B)(11) or (D)(2)(h) of	22581
section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	22582
~~2007, the district's category one vocational education ADM for a~~	22583
~~fiscal year is the sum of one-half of the number reported for~~	22584
~~October of that fiscal year plus one-half of the average of the~~	22585
~~numbers reported for October and February of that fiscal year.~~	22586

(8) "Category two vocational education ADM" means the average	22587
daily membership of students receiving vocational education	22588
services described in division (B) of section 3317.014 of the	22589
Revised Code and reported under division (B)(12) or (D)(2)(i) of	22590
section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	22591
~~2007, the district's category two vocational education ADM for a~~	22592
~~fiscal year is the sum of one-half of the number reported for~~	22593
~~October of that fiscal year plus one-half of the average of the~~	22594
~~numbers reported for October and February of that fiscal year.~~	22595

(G) "~~Handicapped preschool~~Preschool child with a disability"	22596
means a ~~handicapped~~ child with a disability, as defined in section	22597
3323.01 of the Revised Code, who is at least age three but is not	22598
of compulsory school age, as defined in section 3321.01 of the	22599
Revised Code, and who is not currently enrolled in kindergarten.	22600

(H) "County MR/DD board" means a county board of mental	22601
retardation and developmental disabilities.	22602

(I) "Recognized valuation" means the amount calculated for a	22603
school district pursuant to section 3317.015 of the Revised Code.	22604

(J) "Transportation ADM" means the number of children	22605
reported under division (B)(13) of section 3317.03 of the Revised	22606
Code.	22607

(K) "Average efficient transportation use cost per student"	22608
means a statistical representation of transportation costs as	22609
calculated under division (D)(2) of section 3317.022 of the	22610
Revised Code.	22611

(L) "Taxes charged and payable" means the taxes charged and	22612
payable against real and public utility property after making the	22613
reduction required by section 319.301 of the Revised Code, plus	22614
the taxes levied against tangible personal property.	22615

(M) "Total taxable value" means the sum of the amounts	22616
certified for a city, local, exempted village, or joint vocational	22617
school district under divisions (A)(1) and (2) of section 3317.021	22618
of the Revised Code.	22619

(N) ~~"Cost-of-doing-business factor" means the amount~~	22620
~~indicated in division (N)(1) or (2) of this section for the county~~	22621
~~in which a city, local, exempted village, or joint vocational~~	22622
~~school district is located. If a city, local, or exempted village~~	22623
~~school district is located in more than one county, the factor is~~	22624
~~the amount indicated for the county to which the district is~~	22625
~~assigned by the state department of education. If a joint~~	22626
~~vocational school district is located in more than one county, the~~	22627
~~factor is the amount indicated for the county in which the joint~~	22628
~~vocational school with the greatest formula ADM operated by the~~	22629
~~district is located.~~	22630

~~(1) In fiscal year 2006, the cost-of-doing-business factor~~	22631
~~for each county is:~~	22632

	~~COST-OF-DOING-BUSINESS~~	22633
~~COUNTY~~	~~FACTOR AMOUNT~~	22634
~~Adams~~	~~1.00233~~	22635
~~Allen~~	~~1.01373~~	22636
~~Ashland~~	~~1.01980~~	22637
~~Ashtabula~~	~~1.02647~~	22638
~~Athens~~	~~1.00093~~	22639
~~Auglaize~~	~~1.01647~~	22640
~~Belmont~~	~~1.00427~~	22641
~~Brown~~	~~1.01180~~	22642
~~Butler~~	~~1.04307~~	22643
~~Carroll~~	~~1.00913~~	22644
~~Champaign~~	~~1.02973~~	22645
~~Clark~~	~~1.02980~~	22646
~~Clermont~~	~~1.03607~~	22647
~~Clinton~~	~~1.02193~~	22648
~~Columbiana~~	~~1.01427~~	22649
~~Coshocton~~	~~1.01153~~	22650
~~Crawford~~	~~1.01093~~	22651
~~Cuyahoga~~	~~1.04173~~	22652
~~Darke~~	~~1.02253~~	22653
~~Defiance~~	~~1.00973~~	22654
~~Delaware~~	~~1.03520~~	22655
~~Erie~~	~~1.02587~~	22656
~~Fairfield~~	~~1.02440~~	22657
~~Fayette~~	~~1.02127~~	22658
~~Franklin~~	~~1.04053~~	22659
~~Fulton~~	~~1.0220~~	22660
~~Gallia~~	~~1.00000~~	22661
~~Geauga~~	~~1.03340~~	22662
~~Greene~~	~~1.02960~~	22663
~~Guernsey~~	~~1.00440~~	22664
~~Hamilton~~	~~1.05000~~	22665
~~Hancock~~	~~1.01433~~	22666
~~Hardin~~	~~1.02373~~	22667
~~Harrison~~	~~1.00493~~	22668
~~Henry~~	~~1.02120~~	22669
~~Highland~~	~~1.00987~~	22670
~~Hocking~~	~~1.01253~~	22671
~~Holmes~~	~~1.01187~~	22672
~~Huron~~	~~1.01953~~	22673
~~Jackson~~	~~1.00920~~	22674
~~Jefferson~~	~~1.00487~~	22675
~~Knox~~	~~1.01860~~	22676
~~Lake~~	~~1.03493~~	22677
~~Lawrence~~	~~1.00540~~	22678
~~Licking~~	~~1.02540~~	22679
~~Logan~~	~~1.02567~~	22680
~~Lorain~~	~~1.03433~~	22681
~~Lucas~~	~~1.02600~~	22682
~~Madison~~	~~1.03253~~	22683
~~Mahoning~~	~~1.02307~~	22684
~~Marion~~	~~1.02040~~	22685
~~Medina~~	~~1.03573~~	22686
~~Meigs~~	~~1.00173~~	22687
~~Mercer~~	~~1.01353~~	22688
~~Miami~~	~~1.02740~~	22689
~~Monroe~~	~~1.00333~~	22690
~~Montgomery~~	~~1.03020~~	22691
~~Morgan~~	~~1.00593~~	22692
~~Morrow~~	~~1.02007~~	22693
~~Muskingum~~	~~1.00847~~	22694
~~Noble~~	~~1.00487~~	22695
~~Ottawa~~	~~1.03240~~	22696
~~Paulding~~	~~1.00767~~	22697
~~Perry~~	~~1.01067~~	22698
~~Pickaway~~	~~1.02607~~	22699
~~Pike~~	~~1.00687~~	22700
~~Portage~~	~~1.03147~~	22701
~~Preble~~	~~1.02947~~	22702
~~Putnam~~	~~1.01440~~	22703
~~Richland~~	~~1.01327~~	22704
~~Ross~~	~~1.01007~~	22705
~~Sandusky~~	~~1.02140~~	22706
~~Scioto~~	~~1.00080~~	22707
~~Seneca~~	~~1.01487~~	22708
~~Shelby~~	~~1.01853~~	22709
~~Stark~~	~~1.01700~~	22710
~~Summit~~	~~1.03613~~	22711
~~Trumbull~~	~~1.02340~~	22712
~~Tuscarawas~~	~~1.00593~~	22713
~~Union~~	~~1.03333~~	22714
~~Van Wert~~	~~1.00887~~	22715
~~Vinton~~	~~1.00633~~	22716
~~Warren~~	~~1.04387~~	22717
~~Washington~~	~~1.00400~~	22718
~~Wayne~~	~~1.02320~~	22719
~~Williams~~	~~1.01520~~	22720
~~Wood~~	~~1.02400~~	22721
~~Wyandot~~	~~1.01140~~	22722

~~(2) In fiscal year 2007, the cost-of-doing-business factor~~	22723
~~for each county is:~~	22724

	~~COST-OF-DOING-BUSINESS~~	22725
~~COUNTY~~	~~FACTOR AMOUNT~~	22726
~~Adams~~	~~1.00117~~	22727
~~Allen~~	~~1.00687~~	22728
~~Ashland~~	~~1.00990~~	22729
~~Ashtabula~~	~~1.01323~~	22730
~~Athens~~	~~1.00047~~	22731
~~Auglaize~~	~~1.00823~~	22732
~~Belmont~~	~~1.00213~~	22733
~~Brown~~	~~1.00590~~	22734
~~Butler~~	~~1.02153~~	22735
~~Carroll~~	~~1.00457~~	22736
~~Champaign~~	~~1.01487~~	22737
~~Clark~~	~~1.01490~~	22738
~~Clermont~~	~~1.01803~~	22739
~~Clinton~~	~~1.01097~~	22740
~~Columbiana~~	~~1.00713~~	22741
~~Coshocton~~	~~1.00577~~	22742
~~Crawford~~	~~1.00547~~	22743
~~Cuyahoga~~	~~1.02087~~	22744
~~Darke~~	~~1.01127~~	22745
~~Defiance~~	~~1.00487~~	22746
~~Delaware~~	~~1.01760~~	22747
~~Erie~~	~~1.01293~~	22748
~~Fairfield~~	~~1.01220~~	22749
~~Fayette~~	~~1.01063~~	22750
~~Franklin~~	~~1.02027~~	22751
~~Fulton~~	~~1.01100~~	22752
~~Gallia~~	~~1.00000~~	22753
~~Geauga~~	~~1.01670~~	22754
~~Greene~~	~~1.01480~~	22755
~~Guernsey~~	~~1.00220~~	22756
~~Hamilton~~	~~1.02500~~	22757
~~Hancock~~	~~1.00717~~	22758
~~Hardin~~	~~1.01187~~	22759
~~Harrison~~	~~1.00247~~	22760
~~Henry~~	~~1.01060~~	22761
~~Highland~~	~~1.00493~~	22762
~~Hocking~~	~~1.00627~~	22763
~~Holmes~~	~~1.00593~~	22764
~~Huron~~	~~1.00977~~	22765
~~Jackson~~	~~1.00460~~	22766
~~Jefferson~~	~~1.00243~~	22767
~~Knox~~	~~1.00930~~	22768
~~Lake~~	~~1.01747~~	22769
~~Lawrence~~	~~1.00270~~	22770
~~Licking~~	~~1.01270~~	22771
~~Logan~~	~~1.01283~~	22772
~~Lorain~~	~~1.01717~~	22773
~~Lucas~~	~~1.01300~~	22774
~~Madison~~	~~1.01627~~	22775
~~Mahoning~~	~~1.01153~~	22776
~~Marion~~	~~1.01020~~	22777
~~Medina~~	~~1.01787~~	22778
~~Meigs~~	~~1.00087~~	22779
~~Mercer~~	~~1.00677~~	22780
~~Miami~~	~~1.01370~~	22781
~~Monroe~~	~~1.00167~~	22782
~~Montgomery~~	~~1.01510~~	22783
~~Morgan~~	~~1.00297~~	22784
~~Morrow~~	~~1.01003~~	22785
~~Muskingum~~	~~1.00423~~	22786
~~Noble~~	~~1.00243~~	22787
~~Ottawa~~	~~1.01620~~	22788
~~Paulding~~	~~1.00383~~	22789
~~Perry~~	~~1.00533~~	22790
~~Pickaway~~	~~1.01303~~	22791
~~Pike~~	~~1.00343~~	22792
~~Portage~~	~~1.01573~~	22793
~~Preble~~	~~1.01473~~	22794
~~Putnam~~	~~1.00720~~	22795
~~Richland~~	~~1.00663~~	22796
~~Ross~~	~~1.00503~~	22797
~~Sandusky~~	~~1.01070~~	22798
~~Scioto~~	~~1.00040~~	22799
~~Seneca~~	~~1.00743~~	22800
~~Shelby~~	~~1.00927~~	22801
~~Stark~~	~~1.00850~~	22802
~~Summit~~	~~1.01807~~	22803
~~Trumbull~~	~~1.01170~~	22804
~~Tuscarawas~~	~~1.00297~~	22805
~~Union~~	~~1.01667~~	22806
~~Van Wert~~	~~1.00443~~	22807
~~Vinton~~	~~1.00317~~	22808
~~Warren~~	~~1.02193~~	22809
~~Washington~~	~~1.00200~~	22810
~~Wayne~~	~~1.01160~~	22811
~~Williams~~	~~1.00760~~	22812
~~Wood~~	~~1.01200~~	22813
~~Wyandot~~	~~1.00570~~	22814

~~(O)~~ "Tax exempt value" of a school district means the amount	22815
certified for a school district under division (A)(4) of section	22816
3317.021 of the Revised Code.	22817

~~(P)~~(O) "Potential value" of a school district means the	22818
recognized valuation of a school district plus the tax exempt	22819
value of the district.	22820

~~(Q)~~(P) "District median income" means the median Ohio	22821
adjusted gross income certified for a school district. On or	22822
before the first day of July of each year, the tax commissioner	22823
shall certify to the department of education and the office of	22824
budget and management for each city, exempted village, and local	22825
school district the median Ohio adjusted gross income of the	22826
residents of the school district determined on the basis of tax	22827
returns filed for the second preceding tax year by the residents	22828
of the district.	22829

~~(R)~~(Q) "Statewide median income" means the median district	22830
median income of all city, exempted village, and local school	22831
districts in the state.	22832

~~(S)~~(R) "Income factor" for a city, exempted village, or local	22833
school district means the quotient obtained by dividing that	22834
district's median income by the statewide median income.	22835

~~(T)~~(S) "Medically fragile child" means a child to whom all of	22836
the following apply:	22837

(1) The child requires the services of a doctor of medicine	22838
or osteopathic medicine at least once a week due to the	22839
instability of the child's medical condition.	22840

(2) The child requires the services of a registered nurse on	22841
a daily basis.	22842

(3) The child is at risk of institutionalization in a	22843
hospital, skilled nursing facility, or intermediate care facility	22844
for the mentally retarded.	22845

~~(U)~~(T) A child may be identified as having an "other health	22846
~~handicapped-major~~impairment-major" if the child's condition meets	22847
the definition of "other health impaired" established in rules	22848
adopted by the state board of education prior to July 1, 2001, and	22849
if either of the following apply:	22850

(1) The child is identified as having a medical condition	22851
that is among those listed by the superintendent of public	22852
instruction as conditions where a substantial majority of cases	22853
fall within the definition of "medically fragile child." The	22854
superintendent of public instruction shall issue an initial list	22855
no later than September 1, 2001.	22856

(2) The child is determined by the superintendent of public	22857
instruction to be a medically fragile child. A school district	22858
superintendent may petition the superintendent of public	22859
instruction for a determination that a child is a medically	22860
fragile child.	22861

~~(V)~~(U) A child may be identified as having an "other health	22862
~~handicapped-minor~~impairment-minor" if the child's condition meets	22863
the definition of "other health impaired" established in rules	22864
adopted by the state board of education prior to July 1, 2001, but	22865
the child's condition does not meet either of the conditions	22866
specified in division ~~(U)~~(T)(1) or (2) of this section.	22867

~~(W) "SF-3 payment" means the sum of the payments to a school~~	22868
~~district in a fiscal year under divisions (A), (C)(1), (C)(4),~~	22869
~~(D), (E), and (F) of section 3317.022, divisions (G), (L), and (N)~~	22870
~~of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217,~~	22871
~~3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after~~	22872
~~making the adjustments required by sections 3313.981 and 3313.979~~	22873
~~of the Revised Code, divisions (B), (C), (D), (E), (K), (L), (M),~~	22874
~~(N), and (O) of section 3317.023, and division (C) of section~~	22875
~~3317.20~~(V) "State education aid" has the same meaning as in	22876
section 5751.20 of the Revised Code.	22877

~~(X)~~(W) "Property exemption value" means zero in fiscal year	22878
2006, and in fiscal year 2007 and each fiscal year thereafter, the	22879
amount certified for a school district under divisions (A)(6) and	22880
(7) of section 3317.021 of the Revised Code.	22881

(X) "Internet- or computer-based community school" has the	22882
same meaning as in section 3314.02 of the Revised Code.	22883

Sec. 3317.021. (A) On or before the first day of June of	22884
each year, the tax commissioner shall certify to the department of	22885
education and the office of budget and management the information	22886
described in divisions (A)(1) to (8) of this section for each	22887
city, exempted village, and local school district, and the	22888
information required by divisions (A)(1) and (2) of this section	22889
for each joint vocational school district, and it shall be used,	22890
along with the information certified under division (B) of this	22891
section, in making the computations for the district under	22892
sections 3317.022, 3317.0216, and 3317.0217 or section 3317.16 of	22893
the Revised Code.	22894

(1) The taxable value of real and public utility real	22895
property in the school district subject to taxation in the	22896
preceding tax year, by class and by county of location.	22897

(2) The taxable value of tangible personal property,	22898
including public utility personal property, subject to taxation by	22899
the district for the preceding tax year.	22900

(3)(a) The total property tax rate and total taxes charged	22901
and payable for the current expenses for the preceding tax year	22902
and the total property tax rate and the total taxes charged and	22903
payable to a joint vocational district for the preceding tax year	22904
that are limited to or to the extent apportioned to current	22905
expenses.	22906

(b) The portion of the amount of taxes charged and payable	22907
reported for each city, local, and exempted village school	22908
district under division (A)(3)(a) of this section attributable to	22909
a joint vocational school district.	22910

(4) The value of all real and public utility real property in	22911
the school district exempted from taxation minus both of the	22912
following:	22913

(a) The value of real and public utility real property in the	22914
district owned by the United States government and used	22915
exclusively for a public purpose;	22916

(b) The value of real and public utility real property in the	22917
district exempted from taxation under Chapter 725. or 1728. or	22918
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	22919
5709.73, or 5709.78 of the Revised Code.	22920

(5) The total federal adjusted gross income of the residents	22921
of the school district, based on tax returns filed by the	22922
residents of the district, for the most recent year for which this	22923
information is available.	22924

(6) The sum of the school district compensation value as	22925
indicated on the list of exempted property for the preceding tax	22926
year under section 5713.08 of the Revised Code as if such property	22927
had been assessed for taxation that year and the other	22928
compensation value for the school district, minus the amounts	22929
described in divisions (A)(6)(c) to (i) of this section. The	22930
portion of school district compensation value or other	22931
compensation value attributable to an incentive district exemption	22932
may be subtracted only once even if that incentive district	22933
satisfies more than one of the criteria in divisions (A)(6)(c) to	22934
(i) of this section.	22935

(a) "School district compensation value" means the aggregate	22936
value of real property in the school district exempted from	22937
taxation pursuant to an ordinance or resolution adopted under	22938
division (C) of section 5709.40, division (C) of section 5709.73,	22939
or division (B) of section 5709.78 of the Revised Code to the	22940
extent that the exempted value results in the charging of payments	22941
in lieu of taxes required to be paid to the school district under	22942
division (D)(1) or (2) of section 5709.40, division (D) of section	22943
5709.73, or division (C) of section 5709.78 of the Revised Code.	22944

(b) "Other compensation value" means the quotient that	22945
results from dividing (i) the dollar value of compensation	22946
received by the school district during the preceding tax year	22947
pursuant to division (B), (C), or (D) of section 5709.82 of the	22948
Revised Code and the amounts received pursuant to an agreement as	22949
specified in division (D)(2) of section 5709.40, division (D) of	22950
section 5709.73, or division (C) of section 5709.78 of the Revised	22951
Code to the extent those amounts were not previously reported or	22952
included in division (A)(6)(a) of this section, and so that any	22953
such amount is reported only once under division (A)(6)(b) of this	22954
section, in relation to exemptions from taxation granted pursuant	22955
to an ordinance or resolution adopted under division (C) of	22956
section 5709.40, division (C) of section 5709.73, or division (B)	22957
of section 5709.78 of the Revised Code, by (ii) the real property	22958
tax rate in effect for the preceding tax year for	22959
nonresidential/agricultural real property after making the	22960
reductions required by section 319.301 of the Revised Code.	22961

(c) The portion of school district compensation value or	22962
other compensation value that was exempted from taxation pursuant	22963
to such an ordinance or resolution for the preceding tax year, if	22964
the ordinance or resolution is adopted prior to January 1, 2006,	22965
and the legislative authority or board of township trustees or	22966
county commissioners, prior to January 1, 2006, executes a	22967
contract or agreement with a developer, whether for-profit or	22968
not-for-profit, with respect to the development of a project	22969
undertaken or to be undertaken and identified in the ordinance or	22970
resolution, and upon which parcels such project is being, or will	22971
be, undertaken;	22972

(d) The portion of school district compensation value that	22973
was exempted from taxation for the preceding tax year and for	22974
which payments in lieu of taxes for the preceding tax year were	22975
provided to the school district under division (D)(1) of section	22976
5709.40 of the Revised Code.	22977

(e) The portion of school district compensation value that	22978
was exempted from taxation for the preceding tax year pursuant to	22979
such an ordinance or resolution, if and to the extent that, on or	22980
before April 1, 2006, the fiscal officer of the municipal	22981
corporation that adopted the ordinance, or of the township or	22982
county that adopted the resolution, certifies and provides	22983
appropriate supporting documentation to the tax commissioner and	22984
the director of development that, based on hold-harmless	22985
provisions in any agreement between the school district and the	22986
legislative authority of the municipal corporation, board of	22987
township trustees, or board of county commissioners that was	22988
entered into on or before June 1, 2005, the ability or obligation	22989
of the municipal corporation, township, or county to repay bonds,	22990
notes, or other financial obligations issued or entered into prior	22991
to January 1, 2006, will be impaired, including obligations to or	22992
of any other body corporate and politic with whom the legislative	22993
authority of the municipal corporation or board of township	22994
trustees or county commissioners has entered into an agreement	22995
pertaining to the use of service payments derived from the	22996
improvements exempted;	22997

(f) The portion of school district compensation value that	22998
was exempted from taxation for the preceding tax year pursuant to	22999
such an ordinance or resolution, if the ordinance or resolution is	23000
adopted prior to January 1, 2006, in a municipal corporation with	23001
a population that exceeds one hundred thousand, as shown by the	23002
most recent federal decennial census, that includes a major	23003
employment center and that is adjacent to historically distressed	23004
neighborhoods, if the legislative authority of the municipal	23005
corporation that exempted the property prepares an economic	23006
analysis that demonstrates that all taxes generated within the	23007
incentive district accruing to the state by reason of improvements	23008
constructed within the district during its existence exceed the	23009
amount the state pays the school district under section 3317.022	23010
of the Revised Code attributable to such property exemption from	23011
the school district's recognized valuation. The analysis shall be	23012
submitted to and approved by the department of development prior	23013
to January 1, 2006, and the department shall not unreasonably	23014
withhold approval.	23015

(g) The portion of school district compensation value that	23016
was exempted from taxation for the preceding tax year under such	23017
an ordinance or resolution, if the ordinance or resolution is	23018
adopted prior to January 1, 2006, and if service payments have	23019
been pledged to be used for mixed-use riverfront entertainment	23020
development in any county with a population that exceeds six	23021
hundred thousand, as shown by the most recent federal decennial	23022
census;	23023

(h) The portion of school district compensation value that	23024
was exempted from taxation for the preceding tax year under such	23025
an ordinance or resolution, if, prior to January 1, 2006, the	23026
legislative authority of a municipal corporation, board of	23027
township trustees, or board of county commissioners has pledged	23028
service payments for a designated transportation capacity project	23029
approved by the transportation review advisory council under	23030
Chapter 5512. of the Revised Code;	23031

(i) The portion of school district compensation value that	23032
was exempted from taxation for the preceding tax year under such	23033
an ordinance or resolution if the legislative authority of a	23034
municipal corporation, board of township trustees, or board of	23035
county commissioners have, by January 1, 2006, pledged proceeds	23036
for designated transportation improvement projects that involve	23037
federal funds for which the proceeds are used to meet a local	23038
share match requirement for such funding.	23039

As used in division (A)(6) of this section, "project" has the	23040
same meaning as in section 5709.40 of the Revised Code.	23041

(7) The aggregate value of real property in the school	23042
district for which an exemption from taxation is granted by an	23043
ordinance or resolution adopted on or after January 1, 2006, under	23044
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section	23045
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised	23046
Code, as indicated on the list of exempted property for the	23047
preceding tax year under section 5713.08 of the Revised Code and	23048
as if such property had been assessed for taxation that year,	23049
minus the product determined by multiplying (a) the aggregate	23050
value of the real property in the school district exempted from	23051
taxation for the preceding tax year under any of the chapters or	23052
sections specified in this division, by (b) a fraction, the	23053
numerator of which is the difference between (i) the amount of	23054
anticipated revenue such school district would have received for	23055
the preceding tax year if the real property exempted from taxation	23056
had not been exempted from taxation and (ii) the aggregate amount	23057
of payments in lieu of taxes on the exempt real property for the	23058
preceding tax year and other compensation received for the	23059
preceding tax year by the school district pursuant to any	23060
agreements entered into on or after January 1, 2006, under section	23061
5709.82 of the Revised Code between the school district and the	23062
legislative authority of a political subdivision that acted under	23063
the authority of a chapter or statute specified in this division,	23064
that were entered into in relation to such exemption, and the	23065
denominator of which is the amount of anticipated revenue such	23066
school district would have received in the preceding fiscal year	23067
if the real property exempted from taxation had not been exempted.	23068

(8) For each school district receiving payments under	23069
division (B) or (C) of section 3317.0216 of the Revised Code	23070
during the current fiscal year, as included on the most recent	23071
list of such districts sent to the tax commissioner under division	23072
(F) of that section, the following:	23073

(a) The portion of the total amount of taxes charged and	23074
payable for current expenses certified under division (A)(3)(a) of	23075
this section that is attributable to each new levy approved and	23076
charged in the preceding tax year and the respective tax rate of	23077
each of those new levies;	23078

(b) The portion of the total taxes collected for current	23079
expenses under a school district income tax adopted pursuant to	23080
section 5748.03 or 5748.08 of the Revised Code, as certified under	23081
division (A)(2) of section 3317.08 of the Revised Code, that is	23082
attributable to each new school district income tax first	23083
effective in the current taxable year or in the preceding taxable	23084
year.	23085

(B) On or before the first day of May each year, the tax	23086
commissioner shall certify to the department of education and the	23087
office of budget and management the total taxable real property	23088
value of railroads and, separately, the total taxable tangible	23089
personal property value of all public utilities for the preceding	23090
tax year, by school district and by county of location.	23091

(C) If a public utility has properly and timely filed a	23092
petition for reassessment under section 5727.47 of the Revised	23093
Code with respect to an assessment issued under section 5727.23 of	23094
the Revised Code affecting taxable property apportioned by the tax	23095
commissioner to a school district, the taxable value of public	23096
utility tangible personal property included in the certification	23097
under divisions (A)(2) and (B) of this section for the school	23098
district shall include only the amount of taxable value on the	23099
basis of which the public utility paid tax for the preceding year	23100
as provided in division (B)(1) or (2) of section 5727.47 of the	23101
Revised Code.	23102

(D) If on the basis of the information certified under	23103
division (A) of this section, the department determines that any	23104
district fails in any year to meet the qualification requirement	23105
specified in division (A) of section 3317.01 of the Revised Code,	23106
the department shall immediately request the tax commissioner to	23107
determine the extent to which any school district income tax	23108
levied by the district under Chapter 5748. of the Revised Code	23109
shall be included in meeting that requirement. Within five days of	23110
receiving such a request from the department, the tax commissioner	23111
shall make the determination required by this division and report	23112
the quotient obtained under division (D)(3) of this section to the	23113
department and the office of budget and management. This quotient	23114
represents the number of mills that the department shall include	23115
in determining whether the district meets the qualification	23116
requirement of division (A) of section 3317.01 of the Revised	23117
Code.	23118

The tax commissioner shall make the determination required by	23119
this division as follows:	23120

(1) Multiply one mill times the total taxable value of the	23121
district as determined in divisions (A)(1) and (2) of this	23122
section;	23123

(2) Estimate the total amount of tax liability for the	23124
current tax year under taxes levied by Chapter 5748. of the	23125
Revised Code that are apportioned to current operating expenses of	23126
the district;	23127

(3) Divide the amount estimated under division (D)(2) of this	23128
section by the product obtained under division (D)(1) of this	23129
section.	23130

(E)(1) On or before June 1, 2006, and the first day of April	23131
of each year thereafter, the director of development shall report	23132
to the department of education ~~and~~, the tax commissioner, and the	23133
director of budget and management the total amounts of payments	23134
received by each city, local, exempted village, or joint	23135
vocational school district for the preceding tax year pursuant to	23136
division (D) of section 5709.40, division (D) of section 5709.73,	23137
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),	23138
or (D) of section 5709.82 of the Revised Code in relation to	23139
exemptions from taxation granted pursuant to an ordinance adopted	23140
by the legislative authority of a municipal corporation under	23141
division (C) of section 5709.40 of the Revised Code, or a	23142
resolution adopted by a board of township trustees or board of	23143
county commissioners under division (C) of section 5709.73 or	23144
division (B) of section 5709.78 of the Revised Code, respectively.	23145
On or before April 1, 2006, and the first day of March of each	23146
year thereafter, the treasurer of each city, local, exempted	23147
village, or joint vocational school district that has entered into	23148
such an agreement shall report to the director of development the	23149
total amounts of such payments the district received for the	23150
preceding tax year as provided in this section. The state board of	23151
education, in accordance with sections 3319.31 and 3319.311 of the	23152
Revised Code, may suspend or revoke the license of a treasurer	23153
found to have willfully reported erroneous, inaccurate, or	23154
incomplete data under this division.	23155

(2) On or before April 1, 2007, and the first day of April of	23156
each year thereafter, the director of development shall report to	23157
the department of education ~~and to~~, the tax commissioner, and the	23158
director of budget and management the total amounts of payments	23159
received by each city, local, exempted village, or joint	23160
vocational school district for the preceding tax year pursuant to	23161
divisions (B), (C), and (D) of section 5709.82 of the Revised Code	23162
in relation to exemptions from taxation granted pursuant to	23163
ordinances or resolutions adopted on or after January 1, 2006,	23164
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or	23165
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the	23166
Revised Code. On or before March 1, 2007, and the first day of	23167
March of each year thereafter, the treasurer of each city, local,	23168
exempted village, or joint vocational school district that has	23169
entered into such an agreement shall report to the director of	23170
development the total amounts of such payments the district	23171
received for the preceding tax year as provided by this section.	23172
The state board of education, in accordance with sections 3319.31	23173
and 3319.311 of the Revised Code, may suspend or revoke the	23174
license of a treasurer found to have willfully reported erroneous,	23175
inaccurate, or incomplete data under this division.	23176

Sec. 3317.022. (A)(1) The department of education shall	23177
compute and distribute state base cost funding to each eligible	23178
school district for the fiscal year, using the information	23179
obtained under section 3317.021 of the Revised Code in the	23180
calendar year in which the fiscal year begins.	23181

~~(1) Compute~~, according to the following ~~for each eligible~~	23182
~~district~~formula:	23183

{[~~cost-of-doing-business factor X~~

23184

the formula amount X (formula ADM +

23185

preschool scholarship ADM)] +

23186

the sum of the base funding supplements

23187

prescribed in divisions (C)(1) to (4)

23188

of section 3317.012 of the Revised Code} -

23189

[.023 x (the sum of recognized valuation

23190

and property exemption value)] +

23191

the amounts calculated for the district under

23192

sections 3317.029 and 3317.0217 of the Revised Code

23193

If the difference obtained is a negative number, the	23194
district's computation shall be zero.	23195

(2) ~~Compute both of the following for each school district:~~

23196

~~(a) The difference of (i) the district's fiscal year 2005~~	23197
~~base cost payment under the version of division (A)(1) of this~~	23198
~~section in effect in fiscal year 2005, minus (ii) the amount~~	23199
~~computed for the district for the current fiscal year under~~	23200
~~current division (A)(1) of this section;~~	23201

~~(b) The following amount:~~

23202

~~[(fiscal year 2005 base cost payment/fiscal~~

23203

~~year 2005 formula ADM) X~~

23204

~~(current year formula ADM + preschool scholarship ADM)]~~

23205

~~minus the amount computed for the district~~

23206

~~under current division (A)(1) of this section~~

23207

~~If one of the amounts computed under division (A)(2)(a) or~~	23208
~~(b) of this section is a positive amount, the department shall pay~~	23209
~~the district that amount in addition to the amount calculated~~	23210
~~under division (A)(1) of this section. If both amounts are~~	23211
~~positive amounts, the department shall pay the district the lesser~~	23212
~~of the two amounts in addition to the amount calculated under~~	23213
~~division (A)(1) of this section.~~	23214

~~(3)~~(a) For each school district for which the tax exempt	23215
value of the district equals or exceeds twenty-five per cent of	23216
the potential value of the district, the department of education	23217
shall calculate the difference between the district's tax exempt	23218
value and twenty-five per cent of the district's potential value.	23219

(b) For each school district to which division (A)~~(3)~~(2)(a)	23220
of this section applies, the department shall adjust the	23221
recognized valuation used in the calculation under division (A)(1)	23222
of this section by subtracting from it the amount calculated under	23223
division (A)~~(3)~~(2)(a) of this section.	23224

(B) As used in this section:

23225

(1) The "total special education weight" for a district means	23226
the sum of the following amounts:	23227

(a) The district's category one special education ADM	23228
multiplied by the multiple specified in division (A) of section	23229
3317.013 of the Revised Code;	23230

(b) The district's category two special education ADM	23231
multiplied by the multiple specified in division (B) of section	23232
3317.013 of the Revised Code;	23233

(c) The district's category three special education ADM	23234
multiplied by the multiple specified in division (C) of section	23235
3317.013 of the Revised Code;	23236

(d) The district's category four special education ADM	23237
multiplied by the multiple specified in division (D) of section	23238
3317.013 of the Revised Code;	23239

(e) The district's category five special education ADM	23240
multiplied by the multiple specified in division (E) of section	23241
3317.013 of the Revised Code;	23242

(f) The district's category six special education ADM	23243
multiplied by the multiple specified in division (F) of section	23244
3317.013 of the Revised Code.	23245

(2) "State share percentage" means the percentage calculated	23246
for a district as follows:	23247

(a) Calculate the state base cost funding amount for the	23248
district for the fiscal year under division (A) of this section.	23249
If the district would not receive any state base cost funding for	23250
that year under that division, the district's state share	23251
percentage is zero.	23252

(b) If the district would receive state base cost funding	23253
under that division, divide that amount by an amount equal to the	23254
following:	23255

(~~Cost-of-doing-business factor X~~

23256

the formula amount X formula ADM) +

23257

the sum of the base funding supplements

23258

prescribed in divisions (C)(1) to (4)

23259

of section 3317.012 of the Revised Code +

23260

the sum of the amounts calculated for the district under

23261

sections 3317.029 and 3317.0217 of the Revised Code

23262

The resultant number is the district's state share	23263
percentage.	23264

(3) "Related services" includes:

23265

(a) Child study, special education supervisors and	23266
coordinators, speech and hearing services, adaptive physical	23267
development services, occupational or physical therapy, teacher	23268
assistants for ~~handicapped~~ children with disabilities whose	23269
~~handicaps~~disabilities are described in division (B) of section	23270
3317.013 or division (F)(3) of section 3317.02 of the Revised	23271
Code, behavioral intervention, interpreter services, work study,	23272
nursing services, and specialized integrative services as those	23273
terms are defined by the department;	23274

(b) Speech and language services provided to any student with	23275
a ~~handicap~~disability, including any student whose primary or only	23276
~~handicap~~disability is a speech and language ~~handicap~~disability;	23277

(c) Any related service not specifically covered by other	23278
state funds but specified in federal law, including but not	23279
limited to, audiology and school psychological services;	23280

(d) Any service included in units funded under former	23281
division (O)(1) of section ~~3317.023~~3317.024 of the Revised Code;	23282

(e) Any other related service needed by ~~handicapped~~ children	23283
with disabilities in accordance with their individualized	23284
education ~~plans~~programs.	23285

(4) The "total vocational education weight" for a district	23286
means the sum of the following amounts:	23287

(a) The district's category one vocational education ADM	23288
multiplied by the multiple specified in division (A) of section	23289
3317.014 of the Revised Code;	23290

(b) The district's category two vocational education ADM	23291
multiplied by the multiple specified in division (B) of section	23292
3317.014 of the Revised Code.	23293

(5) "Preschool scholarship ADM" means the number of	23294
~~handicapped~~ preschool children with disabilities reported under	23295
division (B)(3)(h) of section 3317.03 of the Revised Code.	23296

(C)(1) The department shall compute and distribute state	23297
special education and related services additional weighted costs	23298
funds to each school district in accordance with the following	23299
formula:	23300

The district's state share percentage X

23301

the formula amount for the year for which

23302

the aid is calculated X the district's

23303

total special education weight

23304

(2) The attributed local share of special education and	23305
related services additional weighted costs equals:	23306

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

23307

total special education weight X the formula amount

23308

(3)(a) The department shall compute and pay in accordance	23309
with this division additional state aid to school districts for	23310
students in categories two through six special education ADM. If a	23311
district's costs for the fiscal year for a student in its	23312
categories two through six special education ADM exceed the	23313
threshold catastrophic cost for serving the student, the district	23314
may submit to the superintendent of public instruction	23315
documentation, as prescribed by the superintendent, of all its	23316
costs for that student. Upon submission of documentation for a	23317
student of the type and in the manner prescribed, the department	23318
shall pay to the district an amount equal to the sum of the	23319
following:	23320

(i) One-half of the district's costs for the student in	23321
excess of the threshold catastrophic cost;	23322

(ii) The product of one-half of the district's costs for the	23323
student in excess of the threshold catastrophic cost multiplied by	23324
the district's state share percentage.	23325

(b) For purposes of division (C)(3)(a) of this section, the	23326
threshold catastrophic cost for serving a student equals:	23327

(i) For a student in the school district's category two,	23328
three, four, or five special education ADM, ~~twenty-five thousand~~	23329
~~dollars in fiscal year 2002, twenty-five thousand seven hundred~~	23330
~~dollars in fiscal years 2003, 2004, and 2005, and twenty-six~~	23331
~~thousand five hundred dollars in fiscal years 2006 and 2007~~	23332
twenty-seven thousand three hundred seventy-five dollars in fiscal	23333
years 2008 and 2009;	23334

(ii) For a student in the district's category six special	23335
education ADM, ~~thirty thousand dollars in fiscal year 2002, thirty~~	23336
~~thousand eight hundred forty dollars in fiscal years 2003, 2004,~~	23337
~~and 2005, and thirty-one thousand eight hundred dollars in fiscal~~	23338
~~years 2006 and 2007~~thirty-two thousand eight hundred fifty	23339
dollars in fiscal years 2008 and 2009.	23340

(c) The district shall only report under division (C)(3)(a)	23341
of this section, and the department shall only pay for, the costs	23342
of educational expenses and the related services provided to the	23343
student in accordance with the student's individualized education	23344
program. Any legal fees, court costs, or other costs associated	23345
with any cause of action relating to the student may not be	23346
included in the amount.	23347

(4)(a) As used in this division, the "personnel allowance"	23348
means thirty thousand dollars in fiscal years ~~2002, 2003, 2004,~~	23349
~~2005, 2006, and 2007~~2008 and 2009.	23350

(b) For the provision of speech language pathology services	23351
to students, including students who do not have individualized	23352
education programs prepared for them under Chapter 3323. of the	23353
Revised Code, and for no other purpose, the department of	23354
education shall pay each school district an amount calculated	23355
under the following formula:	23356

(formula ADM divided by 2000) X

23357

the personnel allowance X

23358

the state share percentage

23359

(5) In any fiscal year, a school district shall spend for	23360
purposes that the department designates as approved for special	23361
education and related services expenses at least the amount	23362
calculated as follows:	23363

(~~cost-of-doing-business factor X~~

23364

formula amount X the sum of categories

23365

one through six special education ADM) +

23366

(total special education weight X formula amount)

23367

The purposes approved by the department for special education	23368
expenses shall include, but shall not be limited to,	23369
identification of ~~handicapped~~ children with disabilities,	23370
compliance with state rules governing the education of ~~handicapped~~	23371
children with disabilities and prescribing the continuum of	23372
program options for ~~handicapped~~ children with disabilities,	23373
provision of speech language pathology services, and the portion	23374
of the school district's overall administrative and overhead costs	23375
that are attributable to the district's special education student	23376
population.	23377

The scholarships deducted from the school district's account	23378
under section 3310.41 or 3310.55 of the Revised Code shall be	23379
considered to be an approved special education and related	23380
services expense for the purpose of the school district's	23381
compliance with division (C)(5) of this section.	23382

The department shall require school districts to report data	23383
annually to allow for monitoring compliance with division (C)(5)	23384
of this section. The department shall annually report to the	23385
governor and the general assembly the amount of money spent by	23386
each school district for special education and related services.	23387

(6) In any fiscal year, a school district shall spend for the	23388
provision of speech language pathology services not less than the	23389
sum of the amount calculated under division (C)(1) of this section	23390
for the students in the district's category one special education	23391
ADM and the amount calculated under division (C)(4) of this	23392
section.	23393

The scholarships deducted from the school district's account	23394
under section 3310.55 of the Revised Code for students counted in	23395
the district's category one special education ADM shall be	23396
considered to be an approved speech language pathology services	23397
expense for the purpose of the school district's compliance with	23398
division (C)(6) of this section.	23399

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

23400

(a) "Daily bus miles per student" equals the number of bus	23401
miles traveled per day, divided by transportation base.	23402

(b) "Transportation base" equals total student count as	23403
defined in section 3301.011 of the Revised Code, minus the number	23404
of students enrolled in ~~preschool handicapped~~ units for preschool	23405
children with disabilities, plus the number of nonpublic school	23406
students included in transportation ADM.	23407

(c) "Transported student percentage" equals transportation	23408
ADM divided by transportation base.	23409

(d) "Transportation cost per student" equals total operating	23410
costs for board-owned or contractor-operated school buses divided	23411
by transportation base.	23412

(2) Analysis of student transportation cost data has resulted	23413
in a finding that an average efficient transportation use cost per	23414
student can be calculated by means of a regression formula that	23415
has as its two independent variables the number of daily bus miles	23416
per student and the transported student percentage. For fiscal	23417
year 1998 transportation cost data, the average efficient	23418
transportation use cost per student is expressed as follows:	23419

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

23420

(116.25573 X transported student percentage)

23421

The department of education shall annually determine the	23422
average efficient transportation use cost per student in	23423
accordance with the principles stated in division (D)(2) of this	23424
section, updating the intercept and regression coefficients of the	23425
regression formula modeled in this division, based on an annual	23426
statewide analysis of each school district's daily bus miles per	23427
student, transported student percentage, and transportation cost	23428
per student data. The department shall conduct the annual update	23429
using data, including daily bus miles per student, transported	23430
student percentage, and transportation cost per student data, from	23431
the prior fiscal year. The department shall notify the office of	23432
budget and management of such update by the fifteenth day of	23433
February of each year.	23434

(3) In addition to funds paid under divisions (A), (C), and	23435
(E) of this section, each district with a transported student	23436
percentage greater than zero shall receive a payment equal to a	23437
percentage of the product of the district's transportation base	23438
from the prior fiscal year times the annually updated average	23439
efficient transportation use cost per student, times an inflation	23440
factor of two and eight tenths per cent to account for the	23441
one-year difference between the data used in updating the formula	23442
and calculating the payment and the year in which the payment is	23443
made. The percentage shall be the following percentage of that	23444
product specified for the corresponding fiscal year:	23445

FISCAL YEAR	PERCENTAGE	23446
2000	52.5%	23447
2001	55%	23448
2002	57.5%	23449
2003 and thereafter	The greater of 60% or the district's state share percentage	23450

The payments made under division (D)(3) of this section each	23451
year shall be calculated based on all of the same prior year's	23452
data used to update the formula.	23453

(4) In addition to funds paid under divisions (D)(2) and (3)	23454
of this section, a school district shall receive a rough road	23455
subsidy if both of the following apply:	23456

(a) Its county rough road percentage is higher than the	23457
statewide rough road percentage, as those terms are defined in	23458
division (D)(5) of this section;	23459

(b) Its district student density is lower than the statewide	23460
student density, as those terms are defined in that division.	23461

(5) The rough road subsidy paid to each district meeting the	23462
qualifications of division (D)(4) of this section shall be	23463
calculated in accordance with the following formula:	23464

(per rough mile subsidy X total rough road miles)

23465

X density multiplier

23466

where:

23467

(a) "Per rough mile subsidy" equals the amount calculated in	23468
accordance with the following formula:	23469

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

23470

county rough road percentage)/(maximum rough road

23471

percentage - statewide rough road percentage)]}

23472

(i) "Maximum rough road percentage" means the highest county	23473
rough road percentage in the state.	23474

(ii) "County rough road percentage" equals the percentage of	23475
the mileage of state, municipal, county, and township roads that	23476
is rated by the department of transportation as type A, B, C, E2,	23477
or F in the county in which the school district is located or, if	23478
the district is located in more than one county, the county to	23479
which it is assigned for purposes of determining its	23480
cost-of-doing-business factor.	23481

(iii) "Statewide rough road percentage" means the percentage	23482
of the statewide total mileage of state, municipal, county, and	23483
township roads that is rated as type A, B, C, E2, or F by the	23484
department of transportation.	23485

(b) "Total rough road miles" means a school district's total	23486
bus miles traveled in one year times its county rough road	23487
percentage.	23488

(c) "Density multiplier" means a figure calculated in	23489
accordance with the following formula:	23490

1 - [(minimum student density - district student

23491

density)/(minimum student density -

23492

statewide student density)]

23493

(i) "Minimum student density" means the lowest district	23494
student density in the state.	23495

(ii) "District student density" means a school district's	23496
transportation base divided by the number of square miles in the	23497
district.	23498

(iii) "Statewide student density" means the sum of the	23499
transportation bases for all school districts divided by the sum	23500
of the square miles in all school districts.	23501

(6) In addition to funds paid under divisions (D)(2) to (5)	23502
of this section, each district shall receive in accordance with	23503
rules adopted by the state board of education a payment for	23504
students transported by means other than board-owned or	23505
contractor-operated buses and whose transportation is not funded	23506
under division (G) of section 3317.024 of the Revised Code. The	23507
rules shall include provisions for school district reporting of	23508
such students.	23509

(E)(1) The department shall compute and distribute state	23510
vocational education additional weighted costs funds to each	23511
school district in accordance with the following formula:	23512

state share percentage X

23513

the formula amount X

23514

total vocational education weight

23515

In any fiscal year, a school district receiving funds under	23516
division (E)(1) of this section shall spend those funds only for	23517
the purposes that the department designates as approved for	23518
vocational education expenses. Vocational educational expenses	23519
approved by the department shall include only expenses connected	23520
to the delivery of career-technical programming to	23521
career-technical students. The department shall require the school	23522
district to report data annually so that the department may	23523
monitor the district's compliance with the requirements regarding	23524
the manner in which funding received under division (E)(1) of this	23525
section may be spent.	23526

(2) The department shall compute for each school district	23527
state funds for vocational education associated services in	23528
accordance with the following formula:	23529

state share percentage X .05 X the formula amount X

23530

the sum of categories one and two vocational education ADM

23531

In any fiscal year, a school district receiving funds under	23532
division (E)(2) of this section, or through a transfer of funds	23533
pursuant to division (L) of section 3317.023 of the Revised Code,	23534
shall spend those funds only for the purposes that the department	23535
designates as approved for vocational education associated	23536
services expenses, which may include such purposes as	23537
apprenticeship coordinators, coordinators for other vocational	23538
education services, vocational evaluation, and other purposes	23539
designated by the department. The department may deny payment	23540
under division (E)(2) of this section to any district that the	23541
department determines is not operating those services or is using	23542
funds paid under division (E)(2) of this section, or through a	23543
transfer of funds pursuant to division (L) of section 3317.023 of	23544
the Revised Code, for other purposes.	23545

(F) The actual local share in any fiscal year for the	23546
combination of special education and related services additional	23547
weighted costs funding calculated under division (C)(1) of this	23548
section, transportation funding calculated under divisions (D)(2)	23549
and (3) of this section, and vocational education and associated	23550
services additional weighted costs funding calculated under	23551
divisions (E)(1) and (2) of this section shall not exceed for any	23552
school district the product of three and three-tenths mills times	23553
the district's recognized valuation. The department annually shall	23554
pay each school district as an excess cost supplement any amount	23555
by which the sum of the district's attributed local shares for	23556
that funding exceeds that product. For purposes of calculating the	23557
excess cost supplement:	23558

(1) The attributed local share for special education and	23559
related services additional weighted costs funding is the amount	23560
specified in division (C)(2) of this section.	23561

(2) The attributed local share of transportation funding	23562
equals the difference of the total amount calculated for the	23563
district using the formula developed under division (D)(2) of this	23564
section minus the actual amount paid to the district after	23565
applying the percentage specified in division (D)(3) of this	23566
section.	23567

(3) The attributed local share of vocational education and	23568
associated services additional weighted costs funding is the	23569
amount determined as follows:	23570

(1 - state share percentage) X

23571

[(total vocational education weight X

23572

the formula amount) + the payment under

23573

division (E)(2) of this section]

23574

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	23575
Revised Code, the amounts required to be paid to a district under	23576
this chapter shall be adjusted by the amount of the computations	23577
made under divisions (B) to ~~(O)~~(P) of this section.	23578

As used in this section:

23579

(1) "Classroom teacher" means a licensed employee who	23580
provides direct instruction to pupils, excluding teachers funded	23581
from money paid to the district from federal sources; educational	23582
service personnel; and vocational and special education teachers.	23583

(2) "Educational service personnel" shall not include such	23584
specialists funded from money paid to the district from federal	23585
sources or assigned full-time to vocational or special education	23586
students and classes and may only include those persons employed	23587
in the eight specialist areas in a pattern approved by the	23588
department of education under guidelines established by the state	23589
board of education.	23590

(3) "Annual salary" means the annual base salary stated in	23591
the state minimum salary schedule for the performance of the	23592
teacher's regular teaching duties that the teacher earns for	23593
services rendered for the first full week of October of the fiscal	23594
year for which the adjustment is made under division (C) of this	23595
section. It shall not include any salary payments for supplemental	23596
teachers contracts.	23597

(4) "Regular student population" means the formula ADM plus	23598
the number of students reported as enrolled in the district	23599
pursuant to division (A)(1) of section 3313.981 of the Revised	23600
Code; minus the number of students reported under division (A)(2)	23601
of section 3317.03 of the Revised Code; minus the FTE of students	23602
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	23603
of that section who are enrolled in a vocational education class	23604
or receiving special education; and minus twenty per cent of the	23605
students enrolled concurrently in a joint vocational school	23606
district.	23607

(5) "State share percentage" has the same meaning as in	23608
section 3317.022 of the Revised Code.	23609

(6) "VEPD" means a school district or group of school	23610
districts designated by the department of education as being	23611
responsible for the planning for and provision of vocational	23612
education services to students within the district or group.	23613

(7) "Lead district" means a school district, including a	23614
joint vocational school district, designated by the department as	23615
a VEPD, or designated to provide primary vocational education	23616
leadership within a VEPD composed of a group of districts.	23617

(B) If the district employs less than one full-time	23618
equivalent classroom teacher for each twenty-five pupils in the	23619
regular student population in any school district, deduct the sum	23620
of the amounts obtained from the following computations:	23621

(1) Divide the number of the district's full-time equivalent	23622
classroom teachers employed by one twenty-fifth;	23623

(2) Subtract the quotient in (1) from the district's regular	23624
student population;	23625

(3) Multiply the difference in (2) by seven hundred fifty-two	23626
dollars.	23627

(C) If a positive amount, add one-half of the amount obtained	23628
by multiplying the number of full-time equivalent classroom	23629
teachers by:	23630

(1) The mean annual salary of all full-time equivalent	23631
classroom teachers employed by the district at their respective	23632
training and experience levels minus;	23633

(2) The mean annual salary of all such teachers at their	23634
respective levels in all school districts receiving payments under	23635
this section.	23636

The number of full-time equivalent classroom teachers used in	23637
this computation shall not exceed one twenty-fifth of the	23638
district's regular student population. In calculating the	23639
district's mean salary under this division, those full-time	23640
equivalent classroom teachers with the highest training level	23641
shall be counted first, those with the next highest training level	23642
second, and so on, in descending order. Within the respective	23643
training levels, teachers with the highest years of service shall	23644
be counted first, the next highest years of service second, and so	23645
on, in descending order.	23646

(D) This division does not apply to a school district that	23647
has entered into an agreement under division (A) of section	23648
3313.42 of the Revised Code. Deduct the amount obtained from the	23649
following computations if the district employs fewer than five	23650
full-time equivalent educational service personnel, including	23651
elementary school art, music, and physical education teachers,	23652
counselors, librarians, visiting teachers, school social workers,	23653
and school nurses for each one thousand pupils in the regular	23654
student population:	23655

(1) Divide the number of full-time equivalent educational	23656
service personnel employed by the district by five	23657
one-thousandths;	23658

(2) Subtract the quotient in (1) from the district's regular	23659
student population;	23660

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

23661

(E) If a local school district, or a city or exempted village	23662
school district to which a governing board of an educational	23663
service center provides services pursuant to section 3313.843 of	23664
the Revised Code, deduct the amount of the payment required for	23665
the reimbursement of the governing board under section 3317.11 of	23666
the Revised Code.	23667

(F)(1) If the district is required to pay to or entitled to	23668
receive tuition from another school district under division (C)(2)	23669
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	23670
or if the superintendent of public instruction is required to	23671
determine the correct amount of tuition and make a deduction or	23672
credit under section 3317.08 of the Revised Code, deduct and	23673
credit such amounts as provided in division (J) of section 3313.64	23674
or section 3317.08 of the Revised Code.	23675

(2) For each child for whom the district is responsible for	23676
tuition or payment under division (A)(1) of section 3317.082 or	23677
section 3323.091 of the Revised Code, deduct the amount of tuition	23678
or payment for which the district is responsible.	23679

(G) If the district has been certified by the superintendent	23680
of public instruction under section 3313.90 of the Revised Code as	23681
not in compliance with the requirements of that section, deduct an	23682
amount equal to ten per cent of the amount computed for the	23683
district under section 3317.022 of the Revised Code.	23684

(H) If the district has received a loan from a commercial	23685
lending institution for which payments are made by the	23686
superintendent of public instruction pursuant to division (E)(3)	23687
of section 3313.483 of the Revised Code, deduct an amount equal to	23688
such payments.	23689

(I)(1) If the district is a party to an agreement entered	23690
into under division (D), (E), or (F) of section 3311.06 or	23691
division (B) of section 3311.24 of the Revised Code and is	23692
obligated to make payments to another district under such an	23693
agreement, deduct an amount equal to such payments if the district	23694
school board notifies the department in writing that it wishes to	23695
have such payments deducted.	23696

(2) If the district is entitled to receive payments from	23697
another district that has notified the department to deduct such	23698
payments under division (I)(1) of this section, add the amount of	23699
such payments.	23700

(J) If the district is required to pay an amount of funds to	23701
a cooperative education district pursuant to a provision described	23702
by division (B)(4) of section 3311.52 or division (B)(8) of	23703
section 3311.521 of the Revised Code, deduct such amounts as	23704
provided under that provision and credit those amounts to the	23705
cooperative education district for payment to the district under	23706
division (B)(1) of section 3317.19 of the Revised Code.	23707

(K)(1) If a district is educating a student entitled to	23708
attend school in another district pursuant to a shared education	23709
contract, compact, or cooperative education agreement other than	23710
an agreement entered into pursuant to section 3313.842 of the	23711
Revised Code, credit to that educating district on an FTE basis	23712
both of the following:	23713

(a) An amount equal to the ~~greater of the following:~~

23714

~~(i) The fiscal year 2005 formula amount times the fiscal year~~	23715
~~2005 cost of doing business factor of the school district where~~	23716
~~the student is entitled to attend school pursuant to section~~	23717
~~3313.64 or 3313.65 of the Revised Code;~~	23718

~~(ii) The~~ sum of (the ~~current~~ formula amount ~~times the current~~	23719
~~cost-of-doing-business factor of the school district when the~~	23720
~~student is entitled to attend school pursuant to section 3313.64~~	23721
~~or 3313.65 of the Revised Code)~~ plus the per pupil amount of the	23722
base funding supplements specified in divisions (C)(1) to (4) of	23723
section 3317.012 of the Revised Code.	23724

(b) An amount equal to the current formula amount times the	23725
state share percentage times any multiple applicable to the	23726
student pursuant to section 3317.013 or 3317.014 of the Revised	23727
Code.	23728

(2) Deduct any amount credited pursuant to division (K)(1) of	23729
this section from amounts paid to the school district in which the	23730
student is entitled to attend school pursuant to section 3313.64	23731
or 3313.65 of the Revised Code.	23732

(3) If the district is required by a shared education	23733
contract, compact, or cooperative education agreement to make	23734
payments to an educational service center, deduct the amounts from	23735
payments to the district and add them to the amounts paid to the	23736
service center pursuant to section 3317.11 of the Revised Code.	23737

(L)(1) If a district, including a joint vocational school	23738
district, is a lead district of a VEPD, credit to that district	23739
the amounts calculated for all the school districts within that	23740
VEPD pursuant to division (E)(2) of section 3317.022 of the	23741
Revised Code.	23742

(2) Deduct from each appropriate district that is not a lead	23743
district, the amount attributable to that district that is	23744
credited to a lead district under division (L)(1) of this section.	23745

(M) If the department pays a joint vocational school district	23746
under division (G)(4) of section 3317.16 of the Revised Code for	23747
excess costs of providing special education and related services	23748
to a ~~handicapped~~ student with a disability, as calculated under	23749
division (G)(2) of that section, the department shall deduct the	23750
amount of that payment from the city, local, or exempted village	23751
school district that is responsible as specified in that section	23752
for the excess costs.	23753

(N)(1) If the district reports an amount of excess cost for	23754
special education services for a child under division (C) of	23755
section 3323.14 of the Revised Code, the department shall pay that	23756
amount to the district.	23757

(2) If the district reports an amount of excess cost for	23758
special education services for a child under division (C) of	23759
section 3323.14 of the Revised Code, the department shall deduct	23760
that amount from the district of residence of that child.	23761

(O) If the department of job and family services presents to	23762
the department of education a payment request through an	23763
intrastate transfer voucher for the nonfederal share of	23764
reimbursements made to a school district for medicaid services	23765
provided by the district, the department of education shall pay	23766
the amount of that request to the department of job and family	23767
services and shall deduct the amount of that payment from the	23768
district.	23769

(P) If the department is required to pay an amount under	23770
section 3353.25 of the Revised Code to a school district	23771
delivering a course included in the clearinghouse established	23772
under section 3353.21 of the Revised Code for a student enrolled	23773
in a school district, the department shall deduct that amount from	23774
the school district in which the student is enrolled.	23775

Sec. 3317.024. In addition to the moneys paid to eligible	23776
school districts pursuant to section 3317.022 of the Revised Code,	23777
moneys appropriated for the education programs in divisions (A) to	23778
(I), (K), (L), and (N) of this section shall be distributed to	23779
school districts meeting the requirements of section 3317.01 of	23780
the Revised Code; in the case of divisions (G) and (L) of this	23781
section, to educational service centers as provided in section	23782
3317.11 of the Revised Code; in the case of divisions (D) and (J)	23783
of this section, to county MR/DD boards; in the case of division	23784
(N) of this section, to joint vocational school districts; in the	23785
case of division (H) of this section, to cooperative education	23786
school districts; and in the case of division (M) of this section,	23787
to the institutions defined under section 3317.082 of the Revised	23788
Code providing elementary or secondary education programs to	23789
children other than children receiving special education under	23790
section 3323.091 of the Revised Code. The following shall be	23791
distributed monthly, quarterly, or annually as may be determined	23792
by the state board of education:	23793

(A) An amount for each island school district and each joint	23794
state school district for the operation of each high school and	23795
each elementary school maintained within such district and for	23796
capital improvements for such schools. Such amounts shall be	23797
determined on the basis of standards adopted by the state board of	23798
education.	23799

(B) An amount for each school district operating classes for	23800
children of migrant workers who are unable to be in attendance in	23801
an Ohio school during the entire regular school year. The amounts	23802
shall be determined on the basis of standards adopted by the state	23803
board of education, except that payment shall be made only for	23804
subjects regularly offered by the school district providing the	23805
classes.	23806

(C) An amount for each school district with guidance,	23807
testing, and counseling programs approved by the state board of	23808
education. The amount shall be determined on the basis of	23809
standards adopted by the state board of education.	23810

(D) An amount for the emergency purchase of school buses as	23811
provided for in section 3317.07 of the Revised Code;	23812

(E) An amount for each school district required to pay	23813
tuition for a child in an institution maintained by the department	23814
of youth services pursuant to section 3317.082 of the Revised	23815
Code, provided the child was not included in the calculation of	23816
the district's average daily membership for the preceding school	23817
year.	23818

(F) An amount for adult basic literacy education for each	23819
district participating in programs approved by the state board of	23820
education. The amount shall be determined on the basis of	23821
standards adopted by the state board of education.	23822

(G) An amount for the approved cost of transporting eligible	23823
pupils with disabilities attending a special education program	23824
approved by the department of education whom it is impossible or	23825
impractical to transport by regular school bus in the course of	23826
regular route transportation provided by the district or service	23827
center. No district or service center is eligible to receive a	23828
payment under this division for the cost of transporting any pupil	23829
whom it transports by regular school bus and who is included in	23830
the district's transportation ADM. The state board of education	23831
shall establish standards and guidelines for use by the department	23832
of education in determining the approved cost of such	23833
transportation for each district or service center.	23834

(H) An amount to each school district, including each	23835
cooperative education school district, pursuant to section 3313.81	23836
of the Revised Code to assist in providing free lunches to needy	23837
children and an amount to assist needy school districts in	23838
purchasing necessary equipment for food preparation. The amounts	23839
shall be determined on the basis of rules adopted by the state	23840
board of education.	23841

(I) An amount to each school district, for each pupil	23842
attending a chartered nonpublic elementary or high school within	23843
the district. The amount shall equal the amount appropriated for	23844
the implementation of section 3317.06 of the Revised Code divided	23845
by the average daily membership in grades kindergarten through	23846
twelve in nonpublic elementary and high schools within the state	23847
as determined during the first full week in October of each school	23848
year.	23849

(J) An amount for each county MR/DD board, distributed on the	23850
basis of standards adopted by the state board of education, for	23851
the approved cost of transportation required for children	23852
attending special education programs operated by the county MR/DD	23853
board under section 3323.09 of the Revised Code;	23854

(K) An amount for each school district that establishes a	23855
mentor teacher program that complies with rules of the state board	23856
of education. No school district shall be required to establish or	23857
maintain such a program in any year unless sufficient funds are	23858
appropriated to cover the district's total costs for the program.	23859

(L) An amount to each school district or educational service	23860
center for the total number of gifted units approved pursuant to	23861
section 3317.05 of the Revised Code. The amount for each such	23862
unit shall be the sum of the minimum salary for the teacher of the	23863
unit, calculated on the basis of the teacher's training level and	23864
years of experience pursuant to the salary schedule prescribed in	23865
the version of section 3317.13 of the Revised Code in effect prior	23866
to July 1, 2001, plus fifteen per cent of that minimum salary	23867
amount, plus two thousand six hundred seventy-eight dollars.	23868

(M) An amount to each institution defined under section	23869
3317.082 of the Revised Code providing elementary or secondary	23870
education to children other than children receiving special	23871
education under section 3323.091 of the Revised Code. This amount	23872
for any institution in any fiscal year shall equal the total of	23873
all tuition amounts required to be paid to the institution under	23874
division (A)(1) of section 3317.082 of the Revised Code.	23875

(N) A grant to each school district and joint vocational	23876
school district that operates a "graduation, reality, and	23877
dual-role skills" (GRADS) program for pregnant and parenting	23878
students that is approved by the department. The amount of the	23879
payment shall be the district's state share percentage, as defined	23880
in section 3317.022 or 3317.16 of the Revised Code, times the	23881
GRADS personnel allowance times the full-time-equivalent number of	23882
GRADS teachers approved by the department. The GRADS personnel	23883
allowance is $47,555 in fiscal years ~~2004, 2005, 2006, and 2007~~	23884
2008 and 2009.	23885

The state board of education or any other board of education	23886
or governing board may provide for any resident of a district or	23887
educational service center territory any educational service for	23888
which funds are made available to the board by the United States	23889
under the authority of public law, whether such funds come	23890
directly or indirectly from the United States or any agency or	23891
department thereof or through the state or any agency, department,	23892
or political subdivision thereof.	23893

Sec. 3317.025. On or before the first day of June of each	23894
year, the tax commissioner shall certify the following information	23895
to the department of education and the office of budget and	23896
management, for each school district in which the value of the	23897
property described under division (A) of this section exceeds one	23898
per cent of the taxable value of all real and tangible personal	23899
property in the district or in which is located tangible personal	23900
property designed for use or used in strip mining operations,	23901
whose taxable value exceeds five million dollars, and the taxes	23902
upon which the district is precluded from collecting by virtue of	23903
legal proceedings to determine the value of such property:	23904

(A) The total taxable value of all property in the district	23905
owned by a public utility or railroad that has filed a petition	23906
for reorganization under the "Bankruptcy Act," 47 Stat. 1474	23907
(1898), 11 U.S.C. 205, as amended, and all tangible personal	23908
property in the district designed for use or used in strip mining	23909
operations whose taxable value exceeds five million dollars upon	23910
which have not been paid in full on or before the first day of	23911
April of that calendar year all real and tangible personal	23912
property taxes levied for the preceding calendar year and which	23913
the district was precluded from collecting by virtue of	23914
proceedings under section 205 of said act or by virtue of legal	23915
proceedings to determine the tax liability of such strip mining	23916
equipment;	23917

(B) The percentage of the total operating taxes charged and	23918
payable for school district purposes levied against such valuation	23919
for the preceding calendar year that have not been paid by such	23920
date;	23921

(C) The product obtained by multiplying the value certified	23922
under division (A) of this section by the percentage certified	23923
under division (B) of this section. If the value certified under	23924
division (A) of this section includes taxable property owned by a	23925
public utility or railroad that has filed a petition for	23926
reorganization under the bankruptcy act, the amount used in making	23927
the calculation under this division shall be reduced by one per	23928
cent of the total value of all real and tangible personal property	23929
in the district or the value of the utility's or railroad's	23930
property, whichever is less.	23931

Upon receipt of the certification, the department shall	23932
recompute the payments required under section 3317.022 of the	23933
Revised Code in the manner the payments would have been computed	23934
if:	23935

(1) The amount certified under division (C) of this section	23936
was not subject to taxation by the district and was not included	23937
in the certification made under division (A)(1), (A)(2), or (D) of	23938
section 3317.021 of the Revised Code.	23939

(2) The amount of taxes charged and payable and unpaid and	23940
used to make the computation under division (B) of this section	23941
had not been levied and had not been used in the computation	23942
required by division (B) of section 3317.021 of the Revised Code.	23943
The department shall pay the district that amount in the ensuing	23944
fiscal year in lieu of the amounts computed under section 3317.022	23945
of the Revised Code.	23946

If a school district received a grant from the catastrophic	23947
expenditures account pursuant to division (C) of section 3316.20	23948
of the Revised Code on the basis of the same circumstances for	23949
which a recomputation is made under this section, the amount of	23950
the recomputation shall be reduced and transferred in accordance	23951
with division (C) of section 3316.20 of the Revised Code.	23952

Sec. 3317.026. (A) As used in this section, "refunded taxes"	23953
means taxes charged and payable from real and tangible personal	23954
property, including public utility property, that have been found	23955
to have been overpaid as the result of reductions in the taxable	23956
value of such property and that have been refunded, including any	23957
interest or penalty refunded with those taxes. If taxes are	23958
refunded over a period of time pursuant to division (B)(2), (3),	23959
or (4) of section 319.36 or division (C) of section 5727.471 of	23960
the Revised Code, the total amount of taxes required to be	23961
refunded, excluding any interest accruing after the day the	23962
undertaking is entered into, shall be considered to have been	23963
refunded on the day the first portion of the overpayment is paid	23964
or credited.	23965

(B) Not later than the last day of February each year, each	23966
county auditor shall certify to the tax commissioner, for each	23967
school district in the county, the amount of refunded taxes	23968
refunded in the preceding calendar year and the reductions in	23969
taxable value that resulted in those refunds, except for	23970
reductions in taxable value that previously have been reported to	23971
the tax commissioner on an abstract. If the tax commissioner	23972
determines that the amount of refunded taxes certified for a	23973
school district exceeds three per cent of the total taxes charged	23974
and payable for current expenses of the school district for the	23975
calendar year in which those taxes were refunded, the tax	23976
commissioner shall certify the reductions in taxable value that	23977
resulted in those refunds on or before the first day of June to	23978
the department of education and the office of budget and	23979
management. Upon receiving the certification by the tax	23980
commissioner, the department of education shall reduce the total	23981
taxable value of the school district, as defined in section	23982
3317.02 of the Revised Code, by the total amount of the reductions	23983
in taxable value that resulted in those refunds for the purpose of	23984
computing the ~~SF-3 payment~~state education aid for the school	23985
district for the current fiscal year. The increase in the amount	23986
of such aid resulting from the adjustment required by this section	23987
shall be paid to the school district ~~on or before the thirty-first~~	23988
~~day of July of the following fiscal year~~. The payment date shall	23989
be determined by the director of budget and management. The	23990
director shall select a payment date that is not earlier than the	23991
first day of June of the current fiscal year and not later than	23992
the thirty-first day of July of the following fiscal year. The	23993
department of education shall not pay the district under this	23994
section prior to approval by the director of budget and management	23995
to make that payment.	23996

If an adjustment is made under this division in the amount of	23997
state aid paid to a school district, the tax value reductions from	23998
which that adjustment results shall not be used in recomputing aid	23999
to a school district under section 3317.027 of the Revised Code.	24000

(C) If a school district received a grant from the	24001
catastrophic expenditures account pursuant to division (C) of	24002
section 3316.20 of the Revised Code on the basis of the same	24003
circumstances for which an adjustment is made under this section,	24004
the amount of the adjustment shall be reduced and transferred in	24005
accordance with division (C) of section 3316.20 of the Revised	24006
Code.	24007

(D) Not later than the first day of June each year, the tax	24008
commissioner shall certify to the department of education and the	24009
office of budget and management for each school district the total	24010
of the increases in taxable value above the amount of taxable	24011
value on which tax was paid, as provided in division (B)(1) or (2)	24012
of section 5727.47 of the Revised Code, as determined by the	24013
commissioner, and for which a notification was sent pursuant to	24014
section 5727.471 of the Revised Code, in the preceding calendar	24015
year. Upon receiving the certification, the department shall	24016
increase the total taxable value, as defined in section 3317.02 of	24017
the Revised Code, of the school district by the total amount of	24018
the increase in taxable value certified by the commissioner for	24019
the school district for the purpose of computing the school	24020
district's ~~SF-3 payment~~state education aid for the following	24021
fiscal year.	24022

Sec. 3317.027. On or before the fifteenth day of May of each	24023
year, the tax commissioner shall certify to the department of	24024
education and the office of budget and management:	24025

(A) The amount by which applications filed under section	24026
5713.38 of the Revised Code or complaints filed under section	24027
5715.19 of the Revised Code resulted in a reduction in the second	24028
preceding year's taxable value in each school district in which	24029
such a reduction occurred, and the amount by which such reduction	24030
reduced the district's taxes charged and payable for such year;	24031
and	24032

(B) The taxes charged and payable for the second preceding	24033
tax year that were remitted under section 5713.081 of the Revised	24034
Code and the taxable value against which such taxes were imposed.	24035

Upon receipt of such certifications, the department shall	24036
recompute the district's ~~SF-3 payment~~state education aid and	24037
determine the amount that the ~~SF-3 payment~~state education aid	24038
would have been ~~paid~~ had the taxable value not been used in the	24039
computation made under division (A)(1) of section 3317.021 of the	24040
Revised Code and had the taxes charged and payable not been	24041
included in the certification made under division (A)(3) of such	24042
section. The department shall calculate the amount that the	24043
remainder of the fiscal year's payments should have been for the	24044
fiscal year including the amount of the ~~SF-3 payment~~state	24045
education aid as recomputed. The increase or decrease in the	24046
amount of aid resulting from the adjustment required under this	24047
section shall be paid to the school district ~~on or before the~~	24048
~~thirty-first day of July of the following fiscal year~~. The payment	24049
date shall be determined by the director of budget and management.	24050
The director shall select a payment date that is not earlier than	24051
the first day of June of the current fiscal year and not later	24052
than the thirty-first day of July of the following fiscal year.	24053
The department of education shall not pay the district under this	24054
section prior to approval by the director of budget and management	24055
to make that payment.	24056

If a school district received a grant from the catastrophic	24057
expenditures account pursuant to division (C) of section 3316.20	24058
of the Revised Code on the basis of the same circumstances for	24059
which a recomputation is made under this section, the amount of	24060
the recomputation shall be reduced and transferred in accordance	24061
with division (C) of section 3316.20 of the Revised Code.	24062

Sec. 3317.028. (A) On or before the fifteenth day of May in	24063
each calendar year prior to calendar year 2007, the tax	24064
commissioner shall determine for each school district whether the	24065
taxable value of all tangible personal property, including utility	24066
tangible personal property, subject to taxation by the district in	24067
the preceding tax year was less or greater than the taxable value	24068
of such property during the second preceding tax year. If any such	24069
decrease exceeds five per cent of the district's tangible personal	24070
property taxable value included in the total taxable value used in	24071
computing the district's ~~SF-3 payment~~state education aid for the	24072
fiscal year that ends in the current calendar year, or if any such	24073
increase exceeds five per cent of the district's total taxable	24074
value used in computing the district's ~~SF-3 payment~~state	24075
education aid for the fiscal year that ends in the current	24076
calendar year, the tax commissioner shall certify both of the	24077
following to the department of education and the office of budget	24078
and management:	24079

(1) The taxable value of the tangible personal property	24080
increase or decrease, including utility tangible personal property	24081
increase or decrease, which shall be considered a change in	24082
valuation;	24083

(2) The decrease or increase in taxes charged and payable on	24084
such change in taxable value calculated in the same manner as in	24085
division (A)(3) of section 3317.021 of the Revised Code.	24086

(B) On or before May 15, 2007, and the fifteenth day of May	24087
in each calendar year thereafter, the tax commissioner shall	24088
determine for each school district whether the taxable value of	24089
all utility tangible personal property subject to taxation by the	24090
district in the preceding tax year was less or greater than the	24091
taxable value of such property during the second preceding tax	24092
year. If any decrease exceeds five per cent of the district's	24093
tangible personal property taxable value included in the total	24094
taxable value used in the district's state aid computation for the	24095
fiscal year that ends in the current calendar year, or if any	24096
increase exceeds five per cent of the district's total taxable	24097
value used in the district's state education aid computation for	24098
the fiscal year that ends in the current calendar year, the tax	24099
commissioner shall certify both of the following to the department	24100
of education and the office of budget and management:	24101

(1) The taxable value of the utility tangible personal	24102
property increase or decrease, which shall be considered a change	24103
in valuation;	24104

(2) The decrease or increase in taxes charged and payable on	24105
such change in taxable value calculated in the same manner as in	24106
division (A)(3) of section 3317.021 of the Revised Code.	24107

(C) Upon receipt of a certification specified in this	24108
section, the department of education shall reduce or increase by	24109
the respective amounts certified and the taxable value and the	24110
taxes charged and payable that were used in computing the	24111
district's ~~SF-3 payment~~state education aid for the fiscal year	24112
that ends in the current calendar year and shall recompute the	24113
~~SF-3 payment~~state education aid for such fiscal year. The	24114
department shall pay ~~the district a sum equal to one-half of the~~	24115
~~recomputed payments in lieu of the payments otherwise required~~	24116
~~under that section on or before the thirty-first day of July of~~	24117
~~the following fiscal year~~to or deduct from the district an amount	24118
equal to one-half of the difference between the district's state	24119
education aid prior to the recomputation under this section and	24120
the district's recomputed state education aid. The payment date	24121
shall be determined by the director of budget and management. The	24122
director shall select a payment date that is not earlier than the	24123
first day of June of the current fiscal year and not later than	24124
the thirty-first day of July of the following fiscal year. The	24125
department of education shall not pay the district under this	24126
section prior to approval by the director of budget and management	24127
to make that payment.	24128

(D) If a school district received a grant from the	24129
catastrophic expenditures account pursuant to division (C) of	24130
section 3316.20 of the Revised Code on the basis of the same	24131
circumstances for which a recomputation is made under this	24132
section, the amount of the recomputation shall be reduced and	24133
transferred in accordance with division (C) of section 3316.20 of	24134
the Revised Code.	24135

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

24136

(1) "Poverty percentage" means the quotient obtained by	24137
dividing the ~~five-year~~ average number of children ages five to	24138
seventeen residing in the school district and living in a family	24139
receiving assistance under the Ohio works first program or an	24140
antecedent program known as TANF or ADC for the preceding five	24141
years, as certified or adjusted under section 3317.10 of the	24142
Revised Code, by the district's three-year average formula ADM.	24143

(2) "Statewide poverty percentage" means the ~~five-year~~	24144
average of the total number of children ages five to seventeen	24145
years residing in the state and receiving assistance under the	24146
Ohio works first program or an antecedent program known as TANF or	24147
ADC for the preceding five years, divided by the sum of the	24148
three-year average formula ADMs for all school districts in the	24149
state.	24150

(3) "Poverty index" means the quotient obtained by dividing	24151
the school district's poverty percentage by the statewide poverty	24152
percentage.	24153

(4) "Poverty student count" means the ~~five-year~~ average	24154
number of children ages five to seventeen residing in the school	24155
district and living in a family receiving assistance under the	24156
Ohio works first program or an antecedent program known as TANF or	24157
ADC for the preceding five years, as certified under section	24158
3317.10 of the Revised Code.	24159

(5) "Kindergarten ADM" means the number of students reported	24160
under section 3317.03 of the Revised Code as enrolled in	24161
kindergarten, excluding any kindergarten students reported under	24162
division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised	24163
Code.	24164

(6) "Kindergarten through third grade ADM" means the amount	24165
calculated as follows:	24166

(a) Multiply the kindergarten ADM by the sum of one plus the	24167
all-day kindergarten percentage;	24168

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

24169

(c) Subtract from the sum calculated under division (A)(6)(b)	24170
of this section the number of special education students in grades	24171
kindergarten through three.	24172

"Kindergarten through third grade ADM" shall not include any	24173
students reported under division (B)(3)(e), (f), or (g) of section	24174
3317.03 of the Revised Code.	24175

(7) "All-day kindergarten" means a kindergarten class that is	24176
in session five days per week for not less than the same number of	24177
clock hours each day as for pupils in grades one through six.	24178

(8) "All-day kindergarten percentage" means the percentage of	24179
a district's actual total number of students enrolled in	24180
kindergarten who are enrolled in all-day kindergarten.	24181

(9) "All-day kindergarten ADM" means the number of students	24182
reported under section 3317.03 of the Revised Code as enrolled in	24183
all-day kindergarten, excluding any kindergarten students reported	24184
under division (B)(3)(e), (f), or (g) of that section.	24185

(10) "Academic distress percentage" means the quotient of the	24186
number of district-operated buildings in the school district	24187
designated under section 3302.03 of the Revised Code as in a state	24188
of academic watch or academic emergency, divided by the total	24189
number of buildings in the district that were open for instruction	24190
during the same school year to which the ratings apply.	24191

(11) "Statewide academic distress percentage" means the	24192
quotient of the statewide number of school district buildings and	24193
community schools designated under section 3302.03 of the Revised	24194
Code as in a state of academic watch or academic emergency,	24195
divided by the statewide total number of school district buildings	24196
and community schools that were open for instruction during the	24197
same school year to which the ratings apply.	24198

(12) "Academic distress index" means the quotient of the	24199
school district's academic distress percentage, divided by the	24200
statewide academic distress percentage.	24201

(13) "Buildings with the highest concentration of need" means	24202
the school buildings in a district ~~with~~that meet either of the	24203
following criteria:	24204

(a) Are in school improvement status pursuant to the "No	24205
Child Left Behind Act of 2001," as defined in section 3302.01 of	24206
the Revised Code;	24207

(b) Have percentages of students ~~in grades kindergarten~~	24208
~~through three~~ receiving assistance under Ohio works first at least	24209
as high as the district-wide percentage of students receiving such	24210
assistance. However, the district shall give priority to any of	24211
those buildings that have been declared to be in a state of	24212
academic watch or academic emergency under section 3302.03 of the	24213
Revised Code.	24214

If, in any fiscal year, the information provided by the	24215
department of job and family services under section 3317.10 of the	24216
Revised Code is insufficient to determine the Ohio works first	24217
percentage in each building, "buildings with the highest	24218
concentration of need" has the meaning given in rules that the	24219
department of education shall adopt. The rules shall base the	24220
definition of "buildings with the highest concentration of need"	24221
on family income of students ~~in grades kindergarten through three~~	24222
in a manner that, to the extent possible with available data,	24223
approximates the intent ~~of this division and division (K) of this~~	24224
~~section~~ to designate buildings where the Ohio works first	24225
percentage ~~in those grades~~ equals or exceeds the district-wide	24226
Ohio works first percentage.	24227

(B) ~~In addition to the amounts required to be paid to a~~	24228
~~school district under section 3317.022 of the Revised Code, the~~	24229
The department of education shall compute ~~and distribute to~~for	24230
each school district for poverty-based assistance the ~~greater of~~	24231
~~the following:~~	24232

~~(1) The amount the district received in fiscal year 2005 for~~	24233
~~disadvantaged pupil impact aid pursuant to Section 41.10 of Am.~~	24234
~~Sub. H.B. 95 of the 125th general assembly, as amended, minus the~~	24235
~~amount deducted from the district under Section 16 of Am. Sub.~~	24236
~~S.B. 2 of the 125th general assembly that year for payments to~~	24237
~~internet- and computer-based community schools;~~	24238

~~(2) The~~ sum of the computations made under divisions (C) to	24239
(I) and (K) of this section and shall pay that sum to the district	24240
in accordance with division (A) of section 3317.022 of the Revised	24241
Code.	24242

(C) A payment for academic intervention programs, if the	24243
district's poverty index is greater than or equal to 0.25,	24244
calculated as follows:	24245

(1) If the district's poverty index is greater than or equal	24246
to 0.25, calculate the district's level one amount for large-group	24247
academic intervention for all students as follows:	24248

(a) If the district's poverty index is greater than or equal	24249
to 0.25 but less than 0.75:	24250

large-group intervention units X hourly rate X

24251

level one hours X [(poverty index – 0.25)/0.5]

24252

~~X phase-in percentage~~

24253

Where:

24254

(i) "Large-group intervention units" equals the district's	24255
formula ADM divided by 20;	24256

(ii) "Hourly rate" equals ~~$20.00~~$21.01 in fiscal year ~~2006~~	24257
2008 and ~~$20.40~~$21.64 in fiscal year ~~2007~~2009;	24258

(iii) "Level one hours" equals 25 hours;

24259

~~(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006~~	24260
~~and 1.00 in fiscal year 2007~~.	24261

(b) If the district's poverty index is greater than or equal	24262
to 0.75:	24263

large-group intervention units X hourly rate X

24264

level one hours ~~X phase-in percentage~~

24265

Where "large-group intervention units," "hourly rate," and	24266
"level one hours," ~~and "phase-in percentage"~~ have the same	24267
meanings as in division (C)(1)(a) of this section.	24268

(2) If the district's poverty index is greater than or equal	24269
to 0.75, calculate the district's level two amount for	24270
medium-group academic intervention for all students as follows:	24271

(a) If the district's poverty index is greater than or equal	24272
to 0.75 but less than 1.50:	24273

medium-group intervention units X hourly rate

24274

X {level one hours + [25 hours X ((poverty index – 0.75)/0.75)]}

24275

~~X phase-in percentage~~

24276

Where:

24277

(i) "Medium group intervention units" equals the district's	24278
formula ADM divided by 15;	24279

(ii) "Hourly rate," and "level one hours," ~~and "phase-in~~	24280
~~percentage"~~ have the same meanings as in division (C)(1)(a) of	24281
this section.	24282

(b) If the district's poverty index is greater than or equal	24283
to 1.50:	24284

medium-group intervention units X hourly rate X

24285

level two hours ~~X phase-in percentage~~

24286

Where:

24287

(i) "Medium group intervention units" has the same meaning as	24288
in division (C)(2)(a)(i) of this section;	24289

(ii) "Hourly rate" ~~and "phase-in percentage" have~~has the	24290
same ~~meanings~~meaning as in division (C)(1)(a) of this section;	24291

(iii) "Level two hours" equals 50 hours.

24292

(3) If the district's poverty index is greater than or equal	24293
to 1.50, calculate the district's level three amount for	24294
small-group academic intervention for impoverished students as	24295
follows:	24296

(a) If the district's poverty index is greater than or equal	24297
to 1.50 but less than 2.50:	24298

small group intervention units X hourly rate X

24299

{level one hours + [level three hours X

24300

(poverty index – 1.50)]} ~~X phase-in percentage~~

24301

Where:

24302

(i) "Small group intervention units" equals the quotient of	24303
(the district's poverty student count times 3) divided by 10;	24304

(ii) "Hourly rate," and "level one hours," ~~and "phase-in~~	24305
~~percentage"~~ have the same meanings as in division (C)(1)(a) of	24306
this section;	24307

(iii) "Level three hours" equals 135 hours.

24308

(b) If the district's poverty index is greater than or equal	24309
to 2.50:	24310

small group intervention units X hourly rate

24311

X level three hours ~~X phase-in percentage~~

24312

Where:

24313

(i) "Small group intervention units" has the same meaning as	24314
in division (C)(3)(a)(i) of this section;	24315

(ii) "Hourly rate" ~~and "phase-in percentage" have~~has the	24316
same ~~meanings~~meaning as in division (C)(1)(a) of this section;	24317

(iii) "Level three hours" equals 160 hours.

24318

Any district that receives funds under division (C)(2) or (3)	24319
of this section annually shall submit to the department of	24320
education by a date established by the department a plan	24321
describing how the district will deploy those funds. The	24322
deployment measures described in that plan shall comply with any	24323
applicable spending requirements prescribed in division (J)(6) of	24324
this section or with any order issued by the superintendent of	24325
public instruction under section 3317.017 of the Revised Code.	24326

(D) A payment for all-day kindergarten if the poverty index	24327
of the school district is greater than or equal to 1.0 or if the	24328
district's three-year average formula ADM exceeded seventeen	24329
thousand five hundred. In addition, the department shall make a	24330
payment under this division to any school district that, in a	24331
prior fiscal year, qualified for this payment and provided all-day	24332
kindergarten, regardless of changes to the district's poverty	24333
index. The department shall calculate the payment under this	24334
division by multiplying the all-day ~~kindergarten percentage by the~~	24335
kindergarten ADM ~~and multiplying that product~~ by the formula	24336
amount.	24337

(E) A ~~class-size reduction~~ payment for increased classroom	24338
learning opportunities based on calculating the number of new	24339
teachers necessary to achieve a lower student-teacher ratio, as	24340
follows:	24341

(1) Determine or calculate a formula number of teachers per	24342
one thousand students based on the poverty index of the school	24343
district as follows:	24344

(a) If the poverty index of the school district is less than	24345
1.0, the formula number of teachers is 50.0, which is the number	24346
of teachers per one thousand students at a student-teacher ratio	24347
of twenty to one;	24348

(b) If the poverty index of the school district is greater	24349
than or equal to 1.0, but less than 1.5, the formula number of	24350
teachers is calculated as follows:	24351

50.0 + {[(poverty index – 1.0)/0.5] X 16.667}

24352

Where 50.0 is the number of teachers per one thousand	24353
students at a student-teacher ratio of twenty to one; 0.5 is the	24354
interval from a poverty index of 1.0 to a poverty index of 1.5;	24355
and 16.667 is the difference in the number of teachers per one	24356
thousand students at a student-teacher ratio of fifteen to one and	24357
the number of teachers per one thousand students at a	24358
student-teacher ratio of twenty to one.	24359

(c) If the poverty index of the school district is greater	24360
than or equal to 1.5, the formula number of teachers is 66.667,	24361
which is the number of teachers per one thousand students at a	24362
student-teacher ratio of fifteen to one.	24363

(2) Multiply the formula number of teachers determined or	24364
calculated in division (E)(1) of this section by the kindergarten	24365
through third grade ADM for the district and divide that product	24366
by one thousand;	24367

(3) Calculate the number of new teachers as follows:

24368

(a) Multiply the kindergarten through third grade ADM by	24369
50.0, which is the number of teachers per one thousand students at	24370
a student-teacher ratio of twenty to one, and divide that product	24371
by one thousand;	24372

(b) Subtract the quotient obtained in division (E)(3)(a) of	24373
this section from the product in division (E)(2) of this section.	24374

(4) Multiply the greater of the difference obtained under	24375
division (E)(3) of this section or zero by the statewide average	24376
teachers compensation. For this purpose, the "statewide average	24377
teacher compensation" is ~~$53,680~~$56,754 in fiscal year ~~2006~~2008	24378
and ~~$54,941~~$58,621 in fiscal year ~~2007~~2009, which includes an	24379
amount for the value of fringe benefits.	24380

(F) A payment for services to limited English proficient	24381
students, if the district's poverty index is greater than or equal	24382
to 1.0 and the proportion of its students who are limited English	24383
proficient, as reported in 2003 on its school district report	24384
issued under section 3302.03 of the Revised Code for the 2002-2003	24385
school year, is greater than or equal to 2.0%, calculated as	24386
follows:	24387

(1) If the district's poverty index is greater than or equal	24388
to 1.0, but less than 1.75, determine the amount per limited	24389
English proficient student as follows:	24390

{0.125 + [0.125 X ((poverty index - 1.0)/0.75)]}

24391

X formula amount

24392

(2) If the district's poverty index is greater than or equal	24393
to 1.75, the amount per limited English proficient student equals:	24394

0.25 X formula amount

24395

(3) Multiply the per student amount determined for the	24396
district under division (F)(1) or (2) of this section by the	24397
number of the district's limited English proficient students,	24398
times a phase-in percentage of ~~0.40 in fiscal year 2006 and~~ 0.70	24399
in fiscal ~~year 2007~~years 2008 and 2009. For purposes of this	24400
calculation, the number of limited English proficient students for	24401
each district shall be the number determined by the department	24402
when it calculated the district's percentage of limited English	24403
proficient students for its school district report card issued in	24404
2003 for the 2002-2003 school year.	24405

~~Not later than December 31, 2006, the department of education~~	24406
~~shall recommend to the general assembly and the director of budget~~	24407
~~and management a method of identifying the number of limited~~	24408
~~English proficient students for purposes of calculating payments~~	24409
~~under this division after fiscal year 2007.~~	24410

(G) A payment for professional development of teachers, if	24411
the district's poverty index is greater than or equal to 1.0,	24412
calculated as follows:	24413

(1) If the district's poverty index is greater than or equal	24414
to 1.0, but less than 1.75, determine the amount per teacher as	24415
follows:	24416

[(poverty index – 1.0)/0.75] X 0.045 X formula amount

24417

(2) If the district's poverty index is greater than or equal	24418
to 1.75, the amount per teacher equals:	24419

0.045 X formula amount

24420

(3) Determine the number of teachers, as follows:

24421

(formula ADM/17)

24422

(4) Multiply the per teacher amount determined for the	24423
district under division (G)(1) or (2) of this section by the	24424
number of teachers determined under division (G)(3) of this	24425
section~~, times a phase-in percentage of 0.40 in fiscal year 2006~~	24426
~~and 0.70 in fiscal year 2007~~.	24427

(H) A payment for dropout prevention, if the district is a	24428
big eight school district as defined in section 3314.02 of the	24429
Revised Code, calculated as follows:	24430

0.005 X formula amount X poverty index

24431

X formula ADM ~~X phase-in percentage~~

24432

~~Where "phase-in percentage" equals 0.40 in fiscal year 2006~~	24433
~~and 0.70 in fiscal year 2007.~~	24434

(I) An amount for community outreach, if the district is an	24435
urban school district as defined in section 3314.02 of the Revised	24436
Code, calculated as follows:	24437

0.005 X formula amount X poverty index X

24438

formula ADM ~~X phase-in percentage~~

24439

~~Where "phase-in percentage" equals 0.40 in fiscal year 2006~~	24440
~~and 0.70 in fiscal year 2007.~~	24441

(J) This division applies only to school districts ~~whose~~	24442
~~poverty index is 1.0 or greater.~~that receive more than ten	24443
thousand dollars under this section. Each such district shall use	24444
funds paid under this section only for one or more of the	24445
following purposes:	24446

(1) ~~Each school district subject to this division shall first~~	24447
~~utilize funds received under this section so that, when combined~~	24448
~~with other funds of the district, sufficient funds exist to~~To	24449
provide all-day kindergarten to ~~at least~~ the ~~number of~~ children in	24450
the district's all-day kindergarten ~~percentage. To satisfy this~~	24451
~~requirement, a district may use funds paid under division (C),~~	24452
~~(F), (G), (H), or (I) of this section to provide all-day~~	24453
~~kindergarten in addition to the all-day kindergarten payment under~~	24454
~~division (D) of this section.~~ADM;	24455

(2) ~~Except as permitted under division (J)(1) of this~~	24456
~~section, each school district shall use its payment under division~~	24457
~~(F) of this section for~~To provide services to students with	24458
limited English proficiency through one or more of the following	24459
~~purposes~~activities:	24460

(a) ~~To hire~~Hiring teachers for limited English proficient	24461
students or other personnel to provide intervention services for	24462
those students;	24463

(b) ~~To contract~~Contracting for intervention services for	24464
those students;	24465

(c) ~~To provide~~Providing other services to assist those	24466
students in passing the third-grade reading achievement test, and	24467
to provide for those students the intervention services required	24468
by section 3313.608 of the Revised Code.	24469

(3) ~~Except as permitted under division (J)(1) of this~~	24470
~~section, each school district shall use its payment under division~~	24471
~~(G) of this section for~~To provide professional development of	24472
teachers or other licensed personnel providing educational	24473
services to students only in one or more of the following areas:	24474

(a) Data-based decision making;

24475

(b) Standards-based curriculum models;

24476

(c) ~~Job-embedded~~High quality professional development	24477
activities that are research-based, as defined ~~in federal law~~by	24478
state standards developed under section 3319.61 of the Revised	24479
Code;	24480

(d) Professional learning communities.

24481

In addition, each district that elects to use funds paid	24482
under this section for professional development shall ~~use the~~	24483
~~payment~~ only to implement programs identified on a list of	24484
eligible professional development programs provided by the	24485
department of education. The department annually shall provide the	24486
list to each district receiving a payment under ~~division (G) of~~	24487
this section. ~~However, a district may apply to the department for~~	24488
~~a waiver to implement an alternative professional development~~	24489
~~program in one or more of the areas specified in divisions~~	24490
~~(J)(3)(a) to (c) of this section. If the department grants the~~	24491
~~waiver, the district may use its payment under division (G) of~~	24492
~~this section to implement the alternative program.~~	24493

(4) ~~Except as permitted under division (J)(1) of this~~	24494
~~section, each big eight school district shall use its payment~~	24495
~~under division (H) of this section either for~~For preventing	24496
at-risk students from dropping out of school~~, for safety and~~	24497
~~security measures described in division (J)(5)(b) of this section,~~	24498
~~for academic intervention services described in division (J)(6) of~~	24499
~~this section, or for a combination of those purposes~~. Not later	24500
than September 1, ~~2005~~2007, the department of education shall	24501
provide each ~~big eight~~ school district receiving a payment under	24502
this section with a list of dropout prevention programs that it	24503
has determined are successful. The department subsequently may	24504
update the list. Each district that elects to use its payment	24505
under ~~division (H) of~~ this section for dropout prevention shall	24506
use the payment only to implement a dropout prevention program	24507
specified on the department's list. ~~However, a district may apply~~	24508
~~to the department for a waiver to implement an alternative dropout~~	24509
~~prevention program. If the department grants the waiver, the~~	24510
~~district may use its payment under division (H) of this section to~~	24511
~~implement the alternative program.~~	24512

(5) ~~Except as permitted under division (J)(1) of this~~	24513
~~section, each urban school district that has a poverty index~~	24514
~~greater than or equal to 1.0 shall use its payment under division~~	24515
~~(I) of this section for~~For one or a combination of the following	24516
purposes:	24517

(a) To hire or contract for community liaison officers,	24518
attendance or truant officers, or safety and security personnel;	24519

(b) To implement programs designed to ensure that schools are	24520
free of drugs and violence and have a disciplined environment	24521
conducive to learning in accordance with safe school guidelines	24522
adopted by the state board of education;	24523

(c) To implement academic intervention services described in	24524
division (J)(6) of this section.	24525

(6) Except as permitted under division (J)(1) of this	24526
section, each school district with a poverty index greater than or	24527
equal to 1.0 shall use the amount of its payment under division	24528
(C) of this section~~, and may use any amount of its payment under~~	24529
~~division (H) or (I) of this section,~~ for academic intervention	24530
services, designed in accordance with student intervention	24531
guidelines adopted by the state board, for students who have	24532
failed or are in danger of failing any of the tests administered	24533
pursuant to section 3301.0710 of the Revised Code, including	24534
intervention services required by section 3313.608 of the Revised	24535
Code. Except as permitted under division (J)(1) of this section,	24536
no district shall spend any portion of its payment under division	24537
(C) of this section for any other purpose. Notwithstanding any	24538
provision to the contrary in Chapter 4117. of the Revised Code, no	24539
collective bargaining agreement entered into after June 30, 2005,	24540
shall require use of the payment for any other purpose.	24541

(7) ~~Except as otherwise required by division (K) or permitted~~	24542
~~under division (O) of this section, all remaining funds~~	24543
~~distributed under this section to districts with a poverty index~~	24544
~~greater than or equal to 1.0 shall be utilized for the purpose of~~	24545
~~the third grade guarantee. The third grade guarantee consists of~~	24546
For increased classroom learning opportunities by increasing the	24547
amount of instructional attention received per pupil in	24548
kindergarten through third grade, either by reducing the ratio of	24549
students to instructional personnel or by increasing the amount of	24550
instruction and curriculum-related activities by extending the	24551
length of the school day or the school year.	24552

School districts may implement a reduction of the ratio of	24553
students to instructional personnel through any or all of the	24554
following methods:	24555

(a) Reducing the number of students in a classroom taught by	24556
a single teacher;	24557

(b) Employing full-time educational aides or educational	24558
paraprofessionals, issued a permit or license under section	24559
3319.088 of the Revised Code, who are engaged in classroom support	24560
activities;	24561

(c) Instituting a team-teaching method that will result in a	24562
lower student-teacher ratio in a classroom.	24563

Districts may extend the school day either by increasing the	24564
amount of time allocated for each class, increasing the number of	24565
classes provided per day, offering optional academic-related	24566
after-school programs, providing curriculum-related extra	24567
curricular activities, or establishing tutoring or remedial	24568
services for students who have demonstrated an educational need.	24569
In accordance with section 3319.089 of the Revised Code, a	24570
district extending the school day pursuant to this division may	24571
utilize a participant of the work experience program who has a	24572
child enrolled in a public school in that district and who is	24573
fulfilling the work requirements of that program by volunteering	24574
or working in that public school. If the work experience program	24575
participant is compensated, the school district may use the funds	24576
distributed under this section for all or part of the	24577
compensation.	24578

Districts may extend the school year either through adding	24579
regular days of instruction to the school calendar or by providing	24580
summer programs.	24581

(8) For early childhood programs or early learning programs,	24582
as defined by the department of education, for children age three	24583
or four who are not eligible for kindergarten;	24584

(9) To furnish, free of charge, materials used in courses of	24585
instruction, except for the necessary textbooks or electronic	24586
textbooks required to be furnished without charge pursuant to	24587
section 3329.06 of the Revised Code, to pupils living in families	24588
participating in Ohio works first in accordance with section	24589
3313.642 of the Revised Code;	24590

(10) For programs designed to reduce nonacademic barriers to	24591
learning, in accordance with guidelines developed by the	24592
department of education;	24593

(11) For start-up costs associated with school breakfast	24594
programs provided pursuant to section 3313.813 of the Revised	24595
Code.	24596

A school district may apply to the department, in the form	24597
and manner prescribed by the department, for a waiver to spend	24598
funds paid under this section for programs not described in	24599
divisions (J)(1) to (11) of this section. The waiver application	24600
shall specify the rationale for the alternative expenditure and	24601
the intended benefits for disadvantaged students. If the	24602
department grants the waiver, the district may use funds paid	24603
under this section to implement the alternative program.	24604

(K) ~~Each district shall not expend any funds received under~~	24605
~~division (E) of this section in any school buildings that are not~~	24606
~~buildings with the highest concentration of need, unless there is~~	24607
~~a ratio of instructional personnel to students of no more than~~	24608
~~fifteen to one in each kindergarten and first grade class in all~~	24609
~~buildings with the highest concentration of need. This division~~	24610
~~does not require that the funds used in buildings with the highest~~	24611
~~concentration of need be spent solely to reduce the ratio of~~	24612
~~instructional personnel to students in kindergarten and first~~	24613
~~grade. A school district may spend the funds in those buildings in~~	24614
~~any manner permitted by division (J)(7) of this section, but may~~	24615
~~not spend the money in other buildings unless the fifteen-to-one~~	24616
~~ratio required by this division is attained.~~A payment for	24617
assistance in closing the achievement gap, calculated as follows:	24618

(1) In fiscal year 2008 the department shall pay each school	24619
district that has both a poverty index that is greater than or	24620
equal to 1.0 and an academic distress index, as determined based	24621
on the most recent report card issued under section 3302.03 of the	24622
Revised Code, that is greater than or equal to 1.0, an amount	24623
calculated in accordance with the following formula:	24624

poverty index X academic distress index X

24625

(0.0015 X formula amount) X formula ADM

24626

(2) In fiscal year 2009:

24627

(a) If the district received a payment under division (K)(1)	24628
of this section for fiscal year 2008, and its academic distress	24629
percentage for fiscal year 2009, as determined based on the most	24630
recent report card issued under section 3302.03 of the Revised	24631
Code, is less than its academic distress percentage for fiscal	24632
year 2008, the department shall pay the district the product of	24633
its payment under division (K)(1) of this section for fiscal year	24634
2008 times 1.035.	24635

(b) If the district received a payment under division (K)(1)	24636
of this section for fiscal year 2008, and its academic distress	24637
percentage for fiscal year 2009, as determined based on the most	24638
recent report card issued under section 3302.03 of the Revised	24639
Code, is greater than or equal to its academic distress percentage	24640
for fiscal year 2008, the department shall pay the district the	24641
same amount as its payment under division (K)(1) of this section	24642
for fiscal year 2008.	24643

(c) If the district did not receive a payment under division	24644
(K)(1) of this section for fiscal year 2008, and it has both a	24645
poverty index that is greater than or equal to 1.0 and an academic	24646
distress index, as determined based on the most recent report card	24647
issued under section 3302.03 of the Revised Code, that is greater	24648
than or equal to 1.0 for fiscal year 2009, the department shall	24649
pay the district an amount calculated in accordance with the	24650
following formula:	24651

poverty index X academic distress index X

24652

(0.0015 X formula amount) X formula ADM

24653

(L)~~(1) By the first day of August of each fiscal year, each~~	24654
This division applies only to funds paid under division (K)(2)(b)	24655
of this section.	24656

(1) If applicable, each school district shall use the funds	24657
for any necessary expenses for the continued operation of a school	24658
district academic distress commission appointed under section	24659
3302.10 of the Revised Code.	24660

(2) After satisfying the requirement of division (L)(1) of	24661
this section, each district shall spend the remaining funds only	24662
for one or more of the following purposes and only in buildings	24663
with the highest concentration of need:	24664

(a) Assistance in improving student performance;

24665

(b) Professional development for teachers and administrators;

24666

(c) Assistance in recruiting and retaining teachers and	24667
administrators.	24668

(M)(1) Each school district wishing to receive any funds	24669
under division (D) of this section shall submit to the department	24670
of education ~~an estimate of its~~the number of students attending	24671
all-day kindergarten ~~percentage~~when reporting formula ADM under	24672
section 3317.03 of the Revised Code. ~~Each district shall update~~	24673
~~its estimate throughout the fiscal year in the form and manner~~	24674
~~required by the department, and the department shall adjust~~	24675
~~payments under this section to reflect the updates.~~	24676

~~(2) Annually by the end of December, the department of~~	24677
~~education, utilizing data from the information system established~~	24678
~~under section 3301.0714 of the Revised Code, shall determine for~~	24679
~~each school district subject to division (J) of this section~~	24680
~~whether in the preceding fiscal year the district's ratio of~~	24681
~~instructional personnel to students and its number of kindergarten~~	24682
~~students receiving all-day kindergarten appear reasonable, given~~	24683
~~the amounts of money the district received for that fiscal year~~	24684
~~pursuant to divisions (D) and (E) of this section. If the~~	24685
~~department is unable to verify from the data available that~~	24686
~~students are receiving reasonable amounts of instructional~~	24687
~~attention and all-day kindergarten, given the funds the district~~	24688
~~has received under this section and that class-size reduction~~	24689
~~funds are being used in school buildings with the highest~~	24690
~~concentration of need as required by division (K) of this section,~~	24691
~~the department shall conduct a more intensive investigation to~~	24692
~~ensure that funds have been expended as required by this section.~~	24693
~~The department shall file an annual report of its findings under~~	24694
~~this division with the chairpersons of the committees in each~~	24695
~~house of the general assembly dealing with finance and education.~~	24696

~~(M)(1)~~(2) Each school district ~~with a poverty index less than~~	24697
~~1.0~~ that receives a payment under division (D) of this section	24698
shall first utilize funds received under ~~this section so~~ that ,	24699
~~when combined with other funds of the district, sufficient funds~~	24700
~~exist~~division to provide all-day kindergarten ~~to at least the~~	24701
~~number of children in the district's all-day kindergarten~~	24702
~~percentage. To satisfy this requirement, a district may use funds~~	24703
~~paid under division (C) or (I) of this section to provide all-day~~	24704
~~kindergarten in addition to the all-day kindergarten payment under~~	24705
~~division (D) of this section~~.	24706

~~(2)~~(N) Except as permitted under division (M)(1) of this	24707
section, each school district with a poverty index less than 1.0	24708
that receives a payment under division (C) of this section shall	24709
use its payment under that division in accordance with all	24710
requirements of division (J)(6) of this section.	24711

~~(3) Except as permitted under division (M)(1) of this~~	24712
~~section, each school district with a poverty index less than 1.0~~	24713
~~that receives a payment under division (I) of this section shall~~	24714
~~use its payment under that division for one or a combination of~~	24715
~~the following purposes:~~	24716

~~(a) To hire or contract for community liaison officers,~~	24717
~~attendance or truant officers, or safety and security personnel;~~	24718

~~(b) To implement programs designed to ensure that schools are~~	24719
~~free of drugs and violence and have a disciplined environment~~	24720
~~conducive to learning;~~	24721

~~(c) To implement academic intervention services described in~~	24722
~~division (J)(6) of this section.~~	24723

~~(4) Each school district to which division (M)(1), (2), or~~	24724
~~(3) of this section applies shall expend the remaining funds~~	24725
~~received under this section, and any other district with a poverty~~	24726
~~index less than 1.0 shall expend all funds received under this~~	24727
~~section, for any of the following purposes:~~	24728

~~(a) The purchase of technology for instructional purposes for~~	24729
~~remediation;~~	24730

~~(b) All-day kindergarten;~~

24731

~~(c) Reduction of class sizes in grades kindergarten through~~	24732
~~three, as described in division (J)(7) of this section;~~	24733

~~(d) Summer school remediation;~~

24734

~~(e) Dropout prevention programs approved by the department of~~	24735
~~education under division (J)(4) of this section;~~	24736

~~(f) Guaranteeing that all third graders are ready to progress~~	24737
~~to more advanced work;~~	24738

~~(g) Summer education and work programs;~~

24739

~~(h) Adolescent pregnancy programs;~~

24740

~~(i) Head start, preschool, early childhood education, or~~	24741
~~early learning programs;~~	24742

~~(j) Reading improvement and remediation programs described by~~	24743
~~the department of education;~~	24744

~~(k) Programs designed to ensure that schools are free of~~	24745
~~drugs and violence and have a disciplined environment conducive to~~	24746
~~learning;~~	24747

~~(l) Furnishing, free of charge, materials used in courses of~~	24748
~~instruction, except for the necessary textbooks or electronic~~	24749
~~textbooks required to be furnished without charge pursuant to~~	24750
~~section 3329.06 of the Revised Code, to pupils living in families~~	24751
~~participating in Ohio works first in accordance with section~~	24752
~~3313.642 of the Revised Code;~~	24753

~~(m) School breakfasts provided pursuant to section 3313.813~~	24754
~~of the Revised Code.~~	24755

~~(N)~~(O) If at any time the superintendent of public	24756
instruction determines that a school district receiving funds	24757
under division (D) of this section has enrolled ~~less~~fewer than	24758
the number of all-day kindergarten ~~percentage~~students reported	24759
for that fiscal year, the superintendent shall withhold from the	24760
funds otherwise due the district under this section a proportional	24761
amount as determined by the difference in the certified all-day	24762
kindergarten ~~percentage~~ADM and the ~~percentage actually enrolled~~	24763
inactual all-day kindergarten ADM.	24764

The superintendent shall also withhold an appropriate amount	24765
of funds otherwise due a district for any other misuse of funds	24766
not in accordance with this section.	24767

~~(O)~~(P)(1) A district may use a portion of the funds	24768
~~calculated for it~~paid under ~~division (D) of~~ this section to	24769
modify or purchase classroom space to provide all-day	24770
kindergarten, if both of the following conditions are met:	24771

(a) The district certifies to the department, in a manner	24772
acceptable to the department, that it has a shortage of space for	24773
providing all-day kindergarten.	24774

(b) The district provides all-day kindergarten to the number	24775
of children in the all-day kindergarten percentage it certified	24776
under this section.	24777

(2) A district may use a portion of the funds ~~described in~~	24778
~~division (J)(7) of~~paid under this section to modify or purchase	24779
classroom space to enable it to further reduce class size in	24780
grades kindergarten through two with a goal of attaining class	24781
sizes of fifteen students per licensed teacher. To do so, the	24782
district must certify its need for additional space to the	24783
department, in a manner satisfactory to the department.	24784

(Q) Not later than the thirtieth day of September each year,	24785
each school district paid more than ten thousand dollars under	24786
this section shall report to the department, in the form and	24787
manner prescribed by the department, how the district deployed	24788
funds received under this section in the prior fiscal year. If a	24789
school district does not meet adequate progress standards as	24790
defined by the department, the department shall make	24791
recommendations to the district for deploying funds under this	24792
section in a more effective manner.	24793

Sec. 3317.0216. (A) As used in this section:

24794

(1) "Total taxes charged and payable for current expenses"	24795
means the sum of the taxes charged and payable as certified under	24796
division (A)(3)(a) of section 3317.021 of the Revised Code less	24797
any amounts reported under division (A)(3)(b) of that section, and	24798
the tax distribution for the preceding year under any school	24799
district income tax levied by the district pursuant to Chapter	24800
5748. of the Revised Code to the extent the revenue from the	24801
income tax is allocated or apportioned to current expenses.	24802

(2) "Charge-off amount" means two and three-tenths per cent	24803
multiplied by (the sum of recognized valuation and property	24804
exemption value).	24805

(3) Until fiscal year 2003, the "actual local share of	24806
special education, transportation, and vocational education	24807
funding" for any school district means the sum of the district's	24808
attributed local shares described in divisions (F)(1) to (3) of	24809
section 3317.022 of the Revised Code. Beginning in fiscal year	24810
2003, the "actual local share of special education,	24811
transportation, and vocational education funding" means that sum	24812
minus the amount of any excess cost supplement payment calculated	24813
for the district under division (F) of section 3317.022 of the	24814
Revised Code.	24815

~~(4) "Current expense revenues from the tangible property tax~~	24816
~~replacement fund" means payments received from the school district~~	24817
~~tangible property tax replacement fund or the general revenue fund~~	24818
~~under section 5751.21 of the Revised Code for fixed-rate levies~~	24819
~~for current expenses and for fixed-sum levies for current~~	24820
~~expenses, including school district emergency levies under~~	24821
~~sections 5705.194 to 5705.197 of the Revised Code.~~	24822

(B) Upon receiving the certifications under section 3317.021	24823
of the Revised Code, the department of education shall determine	24824
for each city, local, and exempted village school district whether	24825
the district's charge-off amount is greater than ~~the sum of~~ the	24826
district's total taxes charged and payable for current expenses	24827
~~and current expense revenues from the tangible property tax~~	24828
~~replacement fund~~, and if the charge-off amount is greater, shall	24829
pay the district the amount of the difference. A payment shall not	24830
be made to any school district for which the computation under	24831
division (A) of section 3317.022 of the Revised Code equals zero.	24832

(C)(1) If a district's charge-off amount is equal to or	24833
greater than ~~the sum of~~ its total taxes charged and payable for	24834
current expenses ~~and current expense revenues from the tangible~~	24835
~~property tax replacement fund~~, the department shall, in addition	24836
to the payment required under division (B) of this section, pay	24837
the district the amount of its actual local share of special	24838
education, transportation, and vocational education funding.	24839

(2) If a district's charge-off amount is less than ~~the sum of~~	24840
its total taxes charged and payable for current expenses ~~and~~	24841
~~current expense revenues from the tangible property tax~~	24842
~~replacement fund~~, the department shall pay the district any amount	24843
by which its actual local share of special education,	24844
transportation, and vocational education funding exceeds ~~the sum~~	24845
of its total taxes charged and payable for current expenses ~~and~~	24846
~~current expense revenues from the tangible property tax~~	24847
~~replacement fund~~ minus its charge-off amount.	24848

(D) If a school district that received a payment under	24849
division (B) or (C) of this section in the prior fiscal year is	24850
ineligible for payment under those divisions in the current fiscal	24851
year, the department shall determine if the ineligibility is the	24852
result of a property tax or income tax levy approved by the	24853
district's voters to take effect in tax year 2005 or thereafter.	24854
If the department determines that is the case, and calculates that	24855
the levy causing the ineligibility exceeded by at least one mill	24856
the equivalent millage of the prior year's payment under divisions	24857
(B) and (C) of this section, the department shall make a payment	24858
to the district for the first three years that the district loses	24859
eligibility for payment under divisions (B) and (C) of this	24860
section, as follows:	24861

(1) In the first year of ineligibility, the department shall	24862
pay the district seventy-five per cent of the amount it last paid	24863
the district under divisions (B) and (C) of this section.	24864

(2) In the second year of ineligibility, the department shall	24865
pay the district fifty per cent of the amount it last paid the	24866
district under those divisions.	24867

(3) In the third year of ineligibility, the department shall	24868
pay the district twenty-five per cent of the amount it last paid	24869
the district under those divisions.	24870

(E) A district that receives payment under division (D) of	24871
this section and subsequently qualifies for payment under division	24872
(B) or (C) of this section is ineligible for future payments under	24873
division (D) of this section.	24874

(F) To enable the department of education to make the	24875
determinations and to calculate payments under division (D) of	24876
this section, on ~~the effective date of this amendment~~March 30,	24877
2006, and on or before the first day of March of each year	24878
thereafter, the department shall send to the tax commissioner a	24879
list of school districts receiving payments under division (B) or	24880
(C) of this section for the current fiscal year. On or before the	24881
first day of the following June, the tax commissioner shall	24882
certify to the department of education for those school districts	24883
the information required by division (A)(8) of section 3317.021 of	24884
the Revised Code.	24885

Sec. 3317.0217. ~~The~~Payment of the amount calculated for a	24886
school district under this section shall be made under division	24887
(A) of section 3317.022 of the Revised Code.	24888

The department of education shall annually compute ~~and pay~~	24889
state parity aid to school districts, as follows:	24890

(A) Calculate the local wealth per pupil of each school	24891
district, which equals the following sum:	24892

(1) Two-thirds times the quotient of (a) the district's	24893
recognized valuation divided by (b) its formula ADM; plus	24894

(2) One-third times the quotient of (a) the average of the	24895
total federal adjusted gross income of the school district's	24896
residents for the three years most recently reported under section	24897
3317.021 of the Revised Code divided by (b) its formula ADM.	24898

(B) Rank all school districts in order of local wealth per	24899
pupil, from the district with the lowest local wealth per pupil to	24900
the district with the highest local wealth per pupil.	24901

(C) Compute the per pupil state parity aid funding for each	24902
eligible school district in accordance with the following formula:	24903

(threshold local wealth

24904

per pupil - the district's local

24905

wealth per pupil) X ~~0.0075~~ parity millage

24906

Where:

24907

(1) ~~Seven and one-half mills (0.0075) is an adjustment to the~~	24908
~~original parity aid standard of nine and one-half mills, to~~	24909
~~account for the general assembly's policy decision to phase-out~~	24910
~~use of the cost-of-doing-business factor in the base cost formula~~	24911
In fiscal year 2008, an "eligible school district" means a school	24912
district with a local wealth per pupil less than that of the	24913
school district with the four-hundred-eleventh lowest local wealth	24914
per pupil. In fiscal year 2009, an "eligible school district"	24915
means a school district with a local wealth per pupil less than	24916
that of the school district with the three-hundred-sixty-eighth	24917
lowest local wealth per pupil.	24918

(2) The "threshold local wealth per pupil" is the local	24919
wealth per pupil of the school district with the	24920
four-hundred-ninetieth lowest local wealth per pupil.	24921

(3) "Parity millage," in fiscal year 2008, equals 0.0080 and,	24922
in fiscal year 2009, equals 0.0085.	24923

If the result of the calculation for a school district under	24924
division (C) of this section is less than zero, the district's per	24925
pupil parity aid shall be zero.	24926

(D) Compute the per pupil alternative parity aid for each	24927
school district that has a combination of an income factor of 1.0	24928
or less, a poverty index of 1.0 or greater, and a fiscal year 2005	24929
cost-of-doing-business factor of 1.0375 or greater, in accordance	24930
with the following formula:	24931

Payment percentage X $60,000 X

24932

(1 - income factor) X 4/15 X 0.023

24933

Where:

24934

(1) "Poverty index" has the same meaning as in section	24935
3317.029 of the Revised Code.	24936

(2) "Payment percentage," for purposes of division (D) of	24937
this section, equals 50% in fiscal year 2002 and 100% after fiscal	24938
year 2002.	24939

(3) "Fiscal year 2005 cost-of-doing-business factor" means	24940
the cost-of-doing-business factor in effect for fiscal year 2005	24941
designated under former division (N) of section 3317.02 of the	24942
Revised Code as that division existed in fiscal year 2005.	24943

(E) Pay each district that has a combination of an income	24944
factor of 1.0 or less, a poverty index of 1.0 or greater, and a	24945
fiscal year 2005 cost-of-doing-business factor of 1.0375 or	24946
greater, the greater of the following:	24947

(1) The product of the district's per pupil parity aid	24948
calculated under division (C) of this section times its net	24949
formula ADM;	24950

(2) The product of its per pupil alternative parity aid	24951
calculated under division (D) of this section times its net	24952
formula ADM.	24953

(F) Pay every other district the product of its per pupil	24954
parity aid calculated under division (C) of this section times its	24955
net formula ADM.	24956

(G) As used in divisions (E) and (F) of this section, "net	24957
formula ADM" means formula ADM minus the number of internet- and	24958
computer-based community school students and scholarship students	24959
reported under divisions (B)(3)(e), (f), and (g) of section	24960
3317.03 of the Revised Code.	24961

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	24962
(C) of this section, except as provided in division (A)(2)(h) of	24963
this section, any student enrolled in kindergarten more than half	24964
time shall be reported as one-half student under this section.	24965

(A) The superintendent of each city and exempted village	24966
school district and of each educational service center shall, for	24967
the schools under the superintendent's supervision, certify to the	24968
state board of education on or before the fifteenth day of October	24969
in each year for the first full school week in October the formula	24970
ADM. ~~Beginning in fiscal year 2007, each superintendent also shall~~	24971
~~certify to the state board, for the schools under the~~	24972
~~superintendent's supervision, the formula ADM for the first full~~	24973
~~week in February.~~ If a school under the superintendent's	24974
supervision is closed for one or more days during that week due to	24975
hazardous weather conditions or other circumstances described in	24976
the first paragraph of division (B) of section 3317.01 of the	24977
Revised Code, the superintendent may apply to the superintendent	24978
of public instruction for a waiver, under which the superintendent	24979
of public instruction may exempt the district superintendent from	24980
certifying the formula ADM for that school for that week and	24981
specify an alternate week for certifying the formula ADM of that	24982
school.	24983

The formula ADM shall consist of the average daily membership	24984
during such week of the sum of the following:	24985

(1) On an FTE basis, the number of students in grades	24986
kindergarten through twelve receiving any educational services	24987
from the district, except that the following categories of	24988
students shall not be included in the determination:	24989

(a) Students enrolled in adult education classes;

24990

(b) Adjacent or other district students enrolled in the	24991
district under an open enrollment policy pursuant to section	24992
3313.98 of the Revised Code;	24993

(c) Students receiving services in the district pursuant to a	24994
compact, cooperative education agreement, or a contract, but who	24995
are entitled to attend school in another district pursuant to	24996
section 3313.64 or 3313.65 of the Revised Code;	24997

(d) Students for whom tuition is payable pursuant to sections	24998
3317.081 and 3323.141 of the Revised Code;	24999

(e) Students receiving services in the district through a	25000
scholarship awarded under either section 3310.41 or sections	25001
3310.51 to 3310.63 of the Revised Code.	25002

(2) On an FTE basis, except as provided in division (A)(2)(h)	25003
of this section, the number of students entitled to attend school	25004
in the district pursuant to section 3313.64 or 3313.65 of the	25005
Revised Code, but receiving educational services in grades	25006
kindergarten through twelve from one or more of the following	25007
entities:	25008

(a) A community school pursuant to Chapter 3314. of the	25009
Revised Code, including any participation in a college pursuant to	25010
Chapter 3365. of the Revised Code while enrolled in such community	25011
school;	25012

(b) An alternative school pursuant to sections 3313.974 to	25013
3313.979 of the Revised Code as described in division (I)(2)(a) or	25014
(b) of this section;	25015

(c) A college pursuant to Chapter 3365. of the Revised Code,	25016
except when the student is enrolled in the college while also	25017
enrolled in a community school pursuant to Chapter 3314. of the	25018
Revised Code;	25019

(d) An adjacent or other school district under an open	25020
enrollment policy adopted pursuant to section 3313.98 of the	25021
Revised Code;	25022

(e) An educational service center or cooperative education	25023
district;	25024

(f) Another school district under a cooperative education	25025
agreement, compact, or contract;	25026

(g) A chartered nonpublic school with a scholarship paid	25027
under section 3310.08 of the Revised Code;	25028

(h) An alternative public provider or a registered private	25029
provider with a scholarship awarded under either section 3310.41	25030
or sections 3310.51 to 3310.63 of the Revised Code. Each such	25031
scholarship student who is enrolled in kindergarten shall be	25032
counted as one full-time-equivalent student.	25033

As used in this section, "alternative public provider" and	25034
"registered private provider" have the same meanings as in section	25035
3310.41 or 3310.51 of the Revised Code, as applicable.	25036

(3) Twenty per cent of the number of students enrolled in a	25037
joint vocational school district or under a vocational education	25038
compact, excluding any students entitled to attend school in the	25039
district under section 3313.64 or 3313.65 of the Revised Code who	25040
are enrolled in another school district through an open enrollment	25041
policy as reported under division (A)(2)(d) of this section and	25042
then enroll in a joint vocational school district or under a	25043
vocational education compact;	25044

(4) The number of ~~handicapped~~ children with disabilities,	25045
other than ~~handicapped~~ preschool children with disabilities,	25046
entitled to attend school in the district pursuant to section	25047
3313.64 or 3313.65 of the Revised Code who are placed by the	25048
district with a county MR/DD board, minus the number of such	25049
children placed with a county MR/DD board in fiscal year 1998. If	25050
this calculation produces a negative number, the number reported	25051
under division (A)(4) of this section shall be zero.	25052

~~(5) Beginning in fiscal year 2007, in the case of the report~~	25053
~~submitted for the first full week in February, or the alternative~~	25054
~~week if specified by the superintendent of public instruction, the~~	25055
~~number of students reported under division (A)(1) or (2) of this~~	25056
~~section for the first full week of the preceding October but who~~	25057
~~since that week have received high school diplomas.~~	25058

(B) To enable the department of education to obtain the data	25059
needed to complete the calculation of payments pursuant to this	25060
chapter, in addition to the formula ADM, each superintendent shall	25061
report separately the following student counts for the same week	25062
for which formula ADM is certified:	25063

(1) The total average daily membership in regular day classes	25064
included in the report under division (A)(1) or (2) of this	25065
section for kindergarten, and each of grades one through twelve in	25066
schools under the superintendent's supervision;	25067

(2) The number of all ~~handicapped~~ preschool children with	25068
disabilities enrolled as of the first day of December in classes	25069
in the district that are eligible for approval under division (B)	25070
of section 3317.05 of the Revised Code and the number of those	25071
classes, which shall be reported not later than the fifteenth day	25072
of December, in accordance with rules adopted under that section;	25073

(3) The number of children entitled to attend school in the	25074
district pursuant to section 3313.64 or 3313.65 of the Revised	25075
Code who are:	25076

(a) Participating in a pilot project scholarship program	25077
established under sections 3313.974 to 3313.979 of the Revised	25078
Code as described in division (I)(2)(a) or (b) of this section;	25079

(b) Enrolled in a college under Chapter 3365. of the Revised	25080
Code, except when the student is enrolled in the college while	25081
also enrolled in a community school pursuant to Chapter 3314. of	25082
the Revised Code;	25083

(c) Enrolled in an adjacent or other school district under	25084
section 3313.98 of the Revised Code;	25085

(d) Enrolled in a community school established under Chapter	25086
3314. of the Revised Code that is not an internet- or	25087
computer-based community school as defined in section 3314.02 of	25088
the Revised Code, including any participation in a college	25089
pursuant to Chapter 3365. of the Revised Code while enrolled in	25090
such community school;	25091

(e) Enrolled in an internet- or computer-based community	25092
school, as defined in section 3314.02 of the Revised Code,	25093
including any participation in a college pursuant to Chapter 3365.	25094
of the Revised Code while enrolled in the school;	25095

(f) Enrolled in a chartered nonpublic school with a	25096
scholarship paid under section 3310.08 of the Revised Code;	25097

(g) Enrolled in kindergarten through grade twelve in an	25098
alternative public provider or a registered private provider with	25099
a scholarship awarded under either section 3310.41 or sections	25100
3310.51 to 3310.63 of the Revised Code;	25101

(h) Enrolled as a ~~handicapped~~ preschool child with a	25102
disability in an alternative public provider or a registered	25103
private provider with a scholarship awarded under section 3310.41	25104
of the Revised Code;	25105

(i) Participating in a program operated by a county MR/DD	25106
board or a state institution.	25107

(4) The number of pupils enrolled in joint vocational	25108
schools;	25109

(5) The combined average daily membership of ~~handicapped~~	25110
children with disabilities reported under division (A)(1) or (2)	25111
of this section receiving special education services for the	25112
category one ~~handicap~~disability described in division (A) of	25113
section 3317.013 of the Revised Code, including children attending	25114
a special education program operated by an alternative public	25115
provider or a registered private provider with a scholarship	25116
awarded under sections 3310.51 to 3310.63 of the Revised Code;	25117

(6) The combined average daily membership of ~~handicapped~~	25118
children with disabilities reported under division (A)(1) or (2)	25119
of this section receiving special education services for category	25120
two ~~handicaps~~disabilities described in division (B) of section	25121
3317.013 of the Revised Code, including children attending a	25122
special education program operated by an alternative public	25123
provider or a registered private provider with a scholarship	25124
awarded under sections 3310.51 to 3310.63 of the Revised Code;	25125

(7) The combined average daily membership of ~~handicapped~~	25126
children with disabilities reported under division (A)(1) or (2)	25127
of this section receiving special education services for category	25128
three ~~handicaps~~disabilities described in division (C) of section	25129
3317.013 of the Revised Code, including children attending a	25130
special education program operated by an alternative public	25131
provider or a registered private provider with a scholarship	25132
awarded under sections 3310.51 to 3310.63 of the Revised Code;	25133

(8) The combined average daily membership of ~~handicapped~~	25134
children with disabilities reported under division (A)(1) or (2)	25135
of this section receiving special education services for category	25136
four ~~handicaps~~disabilities described in division (D) of section	25137
3317.013 of the Revised Code, including children attending a	25138
special education program operated by an alternative public	25139
provider or a registered private provider with a scholarship	25140
awarded under sections 3310.51 to 3310.63 of the Revised Code;	25141

(9) The combined average daily membership of ~~handicapped~~	25142
children with disabilities reported under division (A)(1) or (2)	25143
of this section receiving special education services for the	25144
category five ~~handicap~~disabilities described in division (E) of	25145
section 3317.013 of the Revised Code, including children attending	25146
a special education program operated by an alternative public	25147
provider or a registered private provider with a scholarship	25148
awarded under sections 3310.51 to 3310.63 of the Revised Code;	25149

(10) The combined average daily membership of ~~handicapped~~	25150
children with disabilities reported under division (A)(1) or (2)	25151
and under division (B)(3)(h) of this section receiving special	25152
education services for category six ~~handicaps~~disabilities	25153
described in division (F) of section 3317.013 of the Revised Code,	25154
including children attending a special education program operated	25155
by an alternative public provider or a registered private provider	25156
with a scholarship awarded under either section 3310.41 or	25157
sections 3310.51 to 3310.63 of the Revised Code;	25158

(11) The average daily membership of pupils reported under	25159
division (A)(1) or (2) of this section enrolled in category one	25160
vocational education programs or classes, described in division	25161
(A) of section 3317.014 of the Revised Code, operated by the	25162
school district or by another district, other than a joint	25163
vocational school district, or by an educational service center,	25164
excluding any student reported under division (B)(3)(e) of this	25165
section as enrolled in an internet- or computer-based community	25166
school, notwithstanding division (C) of section 3317.02 of the	25167
Revised Code and division (C)(3) of this section;	25168

(12) The average daily membership of pupils reported under	25169
division (A)(1) or (2) of this section enrolled in category two	25170
vocational education programs or services, described in division	25171
(B) of section 3317.014 of the Revised Code, operated by the	25172
school district or another school district, other than a joint	25173
vocational school district, or by an educational service center,	25174
excluding any student reported under division (B)(3)(e) of this	25175
section as enrolled in an internet- or computer-based community	25176
school, notwithstanding division (C) of section 3317.02 of the	25177
Revised Code and division (C)(3) of this section;	25178

(13) The average number of children transported by the school	25179
district on board-owned or contractor-owned and -operated buses,	25180
reported in accordance with rules adopted by the department of	25181
education;	25182

(14)(a) The number of children, other than ~~handicapped~~	25183
preschool children with disabilities, the district placed with a	25184
county MR/DD board in fiscal year 1998;	25185

(b) The number of ~~handicapped~~ children with disabilities,	25186
other than ~~handicapped~~ preschool children with disabilities,	25187
placed with a county MR/DD board in the current fiscal year to	25188
receive special education services for the category one ~~handicap~~	25189
disability described in division (A) of section 3317.013 of the	25190
Revised Code;	25191

(c) The number of ~~handicapped~~ children with disabilities,	25192
other than ~~handicapped~~ preschool children with disabilities,	25193
placed with a county MR/DD board in the current fiscal year to	25194
receive special education services for category two ~~handicaps~~	25195
disabilities described in division (B) of section 3317.013 of the	25196
Revised Code;	25197

(d) The number of ~~handicapped~~ children with disabilities,	25198
other than ~~handicapped~~ preschool children with disabilities,	25199
placed with a county MR/DD board in the current fiscal year to	25200
receive special education services for category three ~~handicaps~~	25201
disabilities described in division (C) of section 3317.013 of the	25202
Revised Code;	25203

(e) The number of ~~handicapped~~ children with disabilities,	25204
other than ~~handicapped~~ preschool children with disabilities,	25205
placed with a county MR/DD board in the current fiscal year to	25206
receive special education services for category four ~~handicaps~~	25207
disabilities described in division (D) of section 3317.013 of the	25208
Revised Code;	25209

(f) The number of ~~handicapped~~ children with disabilities,	25210
other than ~~handicapped~~ preschool children with disabilities,	25211
placed with a county MR/DD board in the current fiscal year to	25212
receive special education services for the category five ~~handicap~~	25213
disabilities described in division (E) of section 3317.013 of the	25214
Revised Code;	25215

(g) The number of ~~handicapped~~ children with disabilities,	25216
other than ~~handicapped~~ preschool children with disabilities,	25217
placed with a county MR/DD board in the current fiscal year to	25218
receive special education services for category six ~~handicaps~~	25219
disabilities described in division (F) of section 3317.013 of the	25220
Revised Code.	25221

(C)(1) Except as otherwise provided in this section for	25222
kindergarten students, the average daily membership in divisions	25223
(B)(1) to (12) of this section shall be based upon the number of	25224
full-time equivalent students. The state board of education shall	25225
adopt rules defining full-time equivalent students and for	25226
determining the average daily membership therefrom for the	25227
purposes of divisions (A), (B), and (D) of this section.	25228

(2) A student enrolled in a community school established	25229
under Chapter 3314. of the Revised Code shall be counted in the	25230
formula ADM and, if applicable, the category one, two, three,	25231
four, five, or six special education ADM of the school district in	25232
which the student is entitled to attend school under section	25233
3313.64 or 3313.65 of the Revised Code for the same proportion of	25234
the school year that the student is counted in the enrollment of	25235
the community school for purposes of section 3314.08 of the	25236
Revised Code. Notwithstanding the number of students reported	25237
pursuant to division (B)(3)(d) or (e) of this section, the	25238
department may adjust the formula ADM of a school district to	25239
account for students entitled to attend school in the district	25240
under section 3313.64 or 3313.65 of the Revised Code who are	25241
enrolled in a community school for only a portion of the school	25242
year.	25243

(3) No child shall be counted as more than a total of one	25244
child in the sum of the average daily memberships of a school	25245
district under division (A), divisions (B)(1) to (12), or division	25246
(D) of this section, except as follows:	25247

(a) A child with a ~~handicap~~disability described in section	25248
3317.013 of the Revised Code may be counted both in formula ADM	25249
and in category one, two, three, four, five, or six special	25250
education ADM and, if applicable, in category one or two	25251
vocational education ADM. As provided in division (C) of section	25252
3317.02 of the Revised Code, such a child shall be counted in	25253
category one, two, three, four, five, or six special education ADM	25254
in the same proportion that the child is counted in formula ADM.	25255

(b) A child enrolled in vocational education programs or	25256
classes described in section 3317.014 of the Revised Code may be	25257
counted both in formula ADM and category one or two vocational	25258
education ADM and, if applicable, in category one, two, three,	25259
four, five, or six special education ADM. Such a child shall be	25260
counted in category one or two vocational education ADM in the	25261
same proportion as the percentage of time that the child spends in	25262
the vocational education programs or classes.	25263

(4) Based on the information reported under this section, the	25264
department of education shall determine the total student count,	25265
as defined in section 3301.011 of the Revised Code, for each	25266
school district.	25267

(D)(1) The superintendent of each joint vocational school	25268
district shall certify to the superintendent of public instruction	25269
on or before the fifteenth day of October in each year for the	25270
first full school week in October the formula ADM. ~~Beginning in~~	25271
~~fiscal year 2007, each superintendent also shall certify to the~~	25272
~~state superintendent the formula ADM for the first full week in~~	25273
~~February.~~ If a school operated by the joint vocational school	25274
district is closed for one or more days during that week due to	25275
hazardous weather conditions or other circumstances described in	25276
the first paragraph of division (B) of section 3317.01 of the	25277
Revised Code, the superintendent may apply to the superintendent	25278
of public instruction for a waiver, under which the superintendent	25279
of public instruction may exempt the district superintendent from	25280
certifying the formula ADM for that school for that week and	25281
specify an alternate week for certifying the formula ADM of that	25282
school.	25283

The formula ADM, except as otherwise provided in this	25284
division, shall consist of the average daily membership during	25285
such week, on an FTE basis, of the number of students receiving	25286
any educational services from the district, including students	25287
enrolled in a community school established under Chapter 3314. of	25288
the Revised Code who are attending the joint vocational district	25289
under an agreement between the district board of education and the	25290
governing authority of the community school and are entitled to	25291
attend school in a city, local, or exempted village school	25292
district whose territory is part of the territory of the joint	25293
vocational district. ~~Beginning in fiscal year 2007, in the case of~~	25294
~~the report submitted for the first week in February, or the~~	25295
~~alternative week if specified by the superintendent of public~~	25296
~~instruction, the superintendent of the joint vocational school~~	25297
~~district may include the number of students reported under~~	25298
~~division (D)(1) of this section for the first full week of the~~	25299
~~preceding October but who since that week have received high~~	25300
~~school diplomas.~~	25301

The following categories of students shall not be included in	25302
the determination made under division (D)(1) of this section:	25303

(a) Students enrolled in adult education classes;

25304

(b) Adjacent or other district joint vocational students	25305
enrolled in the district under an open enrollment policy pursuant	25306
to section 3313.98 of the Revised Code;	25307

(c) Students receiving services in the district pursuant to a	25308
compact, cooperative education agreement, or a contract, but who	25309
are entitled to attend school in a city, local, or exempted	25310
village school district whose territory is not part of the	25311
territory of the joint vocational district;	25312

(d) Students for whom tuition is payable pursuant to sections	25313
3317.081 and 3323.141 of the Revised Code.	25314

(2) To enable the department of education to obtain the data	25315
needed to complete the calculation of payments pursuant to this	25316
chapter, in addition to the formula ADM, each superintendent shall	25317
report separately the average daily membership included in the	25318
report under division (D)(1) of this section for each of the	25319
following categories of students for the same week for which	25320
formula ADM is certified:	25321

(a) Students enrolled in each grade included in the joint	25322
vocational district schools;	25323

(b) ~~Handicapped children~~Children with disabilities receiving	25324
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) ~~Handicapped children~~Children with disabilities receiving	25328
special education services for the category two ~~handicaps~~	25329
disabilities described in division (B) of section 3317.013 of the	25330
Revised Code;	25331

(d) ~~Handicapped children~~Children with disabilities receiving	25332
special education services for category three ~~handicaps~~	25333
disabilities described in division (C) of section 3317.013 of the	25334
Revised Code;	25335

(e) ~~Handicapped children~~Children with disabilities receiving	25336
special education services for category four ~~handicaps~~	25337
disabilities described in division (D) of section 3317.013 of the	25338
Revised Code;	25339

(f) ~~Handicapped children~~Children with disabilities receiving	25340
special education services for the category five ~~handicap~~	25341
disabilities described in division (E) of section 3317.013 of the	25342
Revised Code;	25343

(g) ~~Handicapped children~~Children with disabilities receiving	25344
special education services for category six ~~handicaps~~disabilities	25345
described in division (F) of section 3317.013 of the Revised Code;	25346

(h) Students receiving category one vocational education	25347
services, described in division (A) of section 3317.014 of the	25348
Revised Code;	25349

(i) Students receiving category two vocational education	25350
services, described in division (B) of section 3317.014 of the	25351
Revised Code.	25352

The superintendent of each joint vocational school district	25353
shall also indicate the city, local, or exempted village school	25354
district in which each joint vocational district pupil is entitled	25355
to attend school pursuant to section 3313.64 or 3313.65 of the	25356
Revised Code.	25357

(E) In each school of each city, local, exempted village,	25358
joint vocational, and cooperative education school district there	25359
shall be maintained a record of school membership, which record	25360
shall accurately show, for each day the school is in session, the	25361
actual membership enrolled in regular day classes. For the purpose	25362
of determining average daily membership, the membership figure of	25363
any school shall not include any pupils except those pupils	25364
described by division (A) of this section. The record of	25365
membership for each school shall be maintained in such manner that	25366
no pupil shall be counted as in membership prior to the actual	25367
date of entry in the school and also in such manner that where for	25368
any cause a pupil permanently withdraws from the school that pupil	25369
shall not be counted as in membership from and after the date of	25370
such withdrawal. There shall not be included in the membership of	25371
any school any of the following:	25372

(1) Any pupil who has graduated from the twelfth grade of a	25373
public or nonpublic high school;	25374

(2) Any pupil who is not a resident of the state;

25375

(3) Any pupil who was enrolled in the schools of the district	25376
during the previous school year when tests were administered under	25377
section 3301.0711 of the Revised Code but did not take one or more	25378
of the tests required by that section and was not excused pursuant	25379
to division (C)(1) or (3) of that section;	25380

(4) Any pupil who has attained the age of twenty-two years,	25381
except for veterans of the armed services whose attendance was	25382
interrupted before completing the recognized twelve-year course of	25383
the public schools by reason of induction or enlistment in the	25384
armed forces and who apply for reenrollment in the public school	25385
system of their residence not later than four years after	25386
termination of war or their honorable discharge.	25387

If, however, any veteran described by division (E)(4) of this	25388
section elects to enroll in special courses organized for veterans	25389
for whom tuition is paid under the provisions of federal laws, or	25390
otherwise, that veteran shall not be included in average daily	25391
membership.	25392

Notwithstanding division (E)(3) of this section, the	25393
membership of any school may include a pupil who did not take a	25394
test required by section 3301.0711 of the Revised Code if the	25395
superintendent of public instruction grants a waiver from the	25396
requirement to take the test to the specific pupil and a parent is	25397
not paying tuition for the pupil pursuant to section 3313.6410 of	25398
the Revised Code. The superintendent may grant such a waiver only	25399
for good cause in accordance with rules adopted by the state board	25400
of education.	25401

Except as provided in divisions (B)(2) and (F) of this	25402
section, the average daily membership figure of any local, city,	25403
exempted village, or joint vocational school district shall be	25404
determined by dividing the figure representing the sum of the	25405
number of pupils enrolled during each day the school of attendance	25406
is actually open for instruction during the week for which the	25407
formula ADM is being certified by the total number of days the	25408
school was actually open for instruction during that week. For	25409
purposes of state funding, "enrolled" persons are only those	25410
pupils who are attending school, those who have attended school	25411
during the current school year and are absent for authorized	25412
reasons, and those ~~handicapped~~ children with disabilities	25413
currently receiving home instruction.	25414

The average daily membership figure of any cooperative	25415
education school district shall be determined in accordance with	25416
rules adopted by the state board of education.	25417

(F)(1) If the formula ADM for the first full school week in	25418
February is at least three per cent greater than that certified	25419
for the first full school week in the preceding October, the	25420
superintendent of schools of any city, exempted village, or joint	25421
vocational school district or educational service center shall	25422
certify such increase to the superintendent of public instruction.	25423
Such certification shall be submitted no later than the fifteenth	25424
day of February. For the balance of the fiscal year, beginning	25425
with the February payments, the superintendent of public	25426
instruction shall use the increased formula ADM in calculating or	25427
recalculating the amounts to be allocated in accordance with	25428
section 3317.022 or 3317.16 of the Revised Code. In no event shall	25429
the superintendent use an increased membership certified to the	25430
superintendent after the fifteenth day of February. ~~Division~~	25431
~~(F)(1) of this section does not apply after fiscal year 2006.~~	25432

(2) If on the first school day of April the total number of	25433
classes or units for ~~handicapped~~ preschool children with	25434
disabilities that are eligible for approval under division (B) of	25435
section 3317.05 of the Revised Code exceeds the number of units	25436
that have been approved for the year under that division, the	25437
superintendent of schools of any city, exempted village, or	25438
cooperative education school district or educational service	25439
center shall make the certifications required by this section for	25440
that day. If the department determines additional units can be	25441
approved for the fiscal year within any limitations set forth in	25442
the acts appropriating moneys for the funding of such units, the	25443
department shall approve additional units for the fiscal year on	25444
the basis of such average daily membership. For each unit so	25445
approved, the department shall pay an amount computed in the	25446
manner prescribed in section 3317.052 or 3317.19 and section	25447
3317.053 of the Revised Code.	25448

(3) If a student attending a community school under Chapter	25449
3314. of the Revised Code is not included in the formula ADM	25450
certified for the school district in which the student is entitled	25451
to attend school under section 3313.64 or 3313.65 of the Revised	25452
Code, the department of education shall adjust the formula ADM of	25453
that school district to include the community school student in	25454
accordance with division (C)(2) of this section, and shall	25455
recalculate the school district's payments under this chapter for	25456
the entire fiscal year on the basis of that adjusted formula ADM.	25457
This requirement applies regardless of whether the student was	25458
enrolled, as defined in division (E) of this section, in the	25459
community school during the week for which the formula ADM is	25460
being certified.	25461

(4) If a student awarded an educational choice scholarship is	25462
not included in the formula ADM of the school district from which	25463
the department deducts funds for the scholarship under section	25464
3310.08 of the Revised Code, the department shall adjust the	25465
formula ADM of that school district to include the student to the	25466
extent necessary to account for the deduction, and shall	25467
recalculate the school district's payments under this chapter for	25468
the entire fiscal year on the basis of that adjusted formula ADM.	25469
This requirement applies regardless of whether the student was	25470
enrolled, as defined in division (E) of this section, in the	25471
chartered nonpublic school, the school district, or a community	25472
school during the week for which the formula ADM is being	25473
certified.	25474

(G)(1)~~(a)~~ The superintendent of an institution operating a	25475
special education program pursuant to section 3323.091 of the	25476
Revised Code shall, for the programs under such superintendent's	25477
supervision, certify to the state board of education, in the	25478
manner prescribed by the superintendent of public instruction,	25479
both of the following:	25480

~~(i)~~(a) The average daily membership of all ~~handicapped~~	25481
children with disabilities other than ~~handicapped~~ preschool	25482
children with disabilities receiving services at the institution	25483
for each category of ~~handicap~~disability described in divisions	25484
(A) to (F) of section 3317.013 of the Revised Code;	25485

~~(ii)~~(b) The average daily membership of all ~~handicapped~~	25486
preschool children with disabilities in classes or programs	25487
approved annually by the department of education for unit funding	25488
under section 3317.05 of the Revised Code.	25489

~~(b) The superintendent of an institution with vocational~~	25490
~~education units approved under division (A) of section 3317.05 of~~	25491
~~the Revised Code shall, for the units under the superintendent's~~	25492
~~supervision, certify to the state board of education the average~~	25493
~~daily membership in those units, in the manner prescribed by the~~	25494
~~superintendent of public instruction.~~	25495

(2) The superintendent of each county MR/DD board that	25496
maintains special education classes under section 3317.20 of the	25497
Revised Code or units approved pursuant to section 3317.05 of the	25498
Revised Code shall do both of the following:	25499

(a) Certify to the state board, in the manner prescribed by	25500
the board, the average daily membership in classes under section	25501
3317.20 of the Revised Code for each school district that has	25502
placed children in the classes;	25503

(b) Certify to the state board, in the manner prescribed by	25504
the board, the number of all ~~handicapped~~ preschool children with	25505
disabilities enrolled as of the first day of December in classes	25506
eligible for approval under division (B) of section 3317.05 of the	25507
Revised Code, and the number of those classes.	25508

(3)(a) If on the first school day of April the number of	25509
classes or units maintained for ~~handicapped~~ preschool children	25510
with disabilities by the county MR/DD board that are eligible for	25511
approval under division (B) of section 3317.05 of the Revised Code	25512
is greater than the number of units approved for the year under	25513
that division, the superintendent shall make the certification	25514
required by this section for that day.	25515

(b) If the department determines that additional classes or	25516
units can be approved for the fiscal year within any limitations	25517
set forth in the acts appropriating moneys for the funding of the	25518
classes and units described in division (G)(3)(a) of this section,	25519
the department shall approve and fund additional units for the	25520
fiscal year on the basis of such average daily membership. For	25521
each unit so approved, the department shall pay an amount computed	25522
in the manner prescribed in sections 3317.052 and 3317.053 of the	25523
Revised Code.	25524

(H) Except as provided in division (I) of this section, when	25525
any city, local, or exempted village school district provides	25526
instruction for a nonresident pupil whose attendance is	25527
unauthorized attendance as defined in section 3327.06 of the	25528
Revised Code, that pupil's membership shall not be included in	25529
that district's membership figure used in the calculation of that	25530
district's formula ADM or included in the determination of any	25531
unit approved for the district under section 3317.05 of the	25532
Revised Code. The reporting official shall report separately the	25533
average daily membership of all pupils whose attendance in the	25534
district is unauthorized attendance, and the membership of each	25535
such pupil shall be credited to the school district in which the	25536
pupil is entitled to attend school under division (B) of section	25537
3313.64 or section 3313.65 of the Revised Code as determined by	25538
the department of education.	25539

(I)(1) A city, local, exempted village, or joint vocational	25540
school district admitting a scholarship student of a pilot project	25541
district pursuant to division (C) of section 3313.976 of the	25542
Revised Code may count such student in its average daily	25543
membership.	25544

(2) In any year for which funds are appropriated for pilot	25545
project scholarship programs, a school district implementing a	25546
state-sponsored pilot project scholarship program that year	25547
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	25548
count in average daily membership:	25549

(a) All children residing in the district and utilizing a	25550
scholarship to attend kindergarten in any alternative school, as	25551
defined in section 3313.974 of the Revised Code;	25552

(b) All children who were enrolled in the district in the	25553
preceding year who are utilizing a scholarship to attend any such	25554
alternative school.	25555

(J) The superintendent of each cooperative education school	25556
district shall certify to the superintendent of public	25557
instruction, in a manner prescribed by the state board of	25558
education, the applicable average daily memberships for all	25559
students in the cooperative education district, also indicating	25560
the city, local, or exempted village district where each pupil is	25561
entitled to attend school under section 3313.64 or 3313.65 of the	25562
Revised Code.	25563

(K) If the superintendent of public instruction determines	25564
that a component of the formula ADM certified or reported by a	25565
district superintendent, or other reporting entity, is not	25566
correct, the superintendent of public instruction may order that	25567
the formula ADM used for the purposes of payments under any	25568
section of Title XXXIII of the Revised Code be adjusted in the	25569
amount of the error.	25570

Sec. 3317.031. A membership record shall be kept by grade	25571
level in each city, local, exempted village, joint vocational, and	25572
cooperative education school district and such a record shall be	25573
kept by grade level in each educational service center that	25574
provides academic instruction to pupils, classes for ~~handicapped~~	25575
pupils with disabilities, or any other direct instructional	25576
services to pupils. Such membership record shall show the	25577
following information for each pupil enrolled: Name, date of	25578
birth, name of parent, date entered school, date withdrawn from	25579
school, days present, days absent, and the number of days school	25580
was open for instruction while the pupil was enrolled. At the end	25581
of the school year this membership record shall show the total	25582
days present, the total days absent, and the total days due for	25583
all pupils in each grade. Such membership record shall show the	25584
pupils that are transported to and from school and it shall also	25585
show the pupils that are transported living within one mile of the	25586
school attended. This membership record shall also show any other	25587
information prescribed by the state board of education.	25588

This membership record shall be kept intact for at least five	25589
years and shall be made available to the state board of education	25590
or its representative in making an audit of the average daily	25591
membership or the transportation of the district or educational	25592
service center. The membership records of local school districts	25593
shall be filed at the close of each school year in the office of	25594
the educational service center superintendent.	25595

The state board of education may withhold any money due any	25596
school district or educational service center under sections	25597
3317.022 to 3317.0211, 3317.11, 3317.16, 3317.17, or 3317.19 of	25598
the Revised Code until it has satisfactory evidence that the board	25599
of education or educational service center governing board has	25600
fully complied with all of the provisions of this section.	25601

Nothing in this section shall require any person to release,	25602
or to permit access to, public school records in violation of	25603
section 3319.321 of the Revised Code.	25604

Sec. 3317.032. (A) Each city, local, exempted village, and	25605
cooperative education school district, each educational service	25606
center, each county MR/DD board, and each institution operating a	25607
special education program pursuant to section 3323.091 of the	25608
Revised Code shall, in accordance with procedures adopted by the	25609
state board of education, maintain a record of district membership	25610
of both of the following:	25611

(1) All ~~handicapped~~ preschool children with disabilities in	25612
units approved under division (B) of section 3317.05 of the	25613
Revised Code;	25614

(2) All ~~handicapped~~ preschool children with disabilities who	25615
are not in units approved under division (B) of section 3317.05 of	25616
the Revised Code but who are otherwise served by a special	25617
education program.	25618

(B) The superintendent of each district, board, or	25619
institution subject to division (A) of this section shall certify	25620
to the state board of education, in accordance with procedures	25621
adopted by that board, membership figures of all ~~handicapped~~	25622
preschool children with disabilities whose membership is	25623
maintained under division (A)(2) of this section. The figures	25624
certified under this division shall be used in the determination	25625
of the ADM used to compute funds for educational service center	25626
governing boards under section 3317.11 of the Revised Code.	25627

Sec. 3317.04. The amount paid to school districts in each	25628
fiscal year under Chapter 3317. of the Revised Code shall not be	25629
less than the following:	25630

(A) In the case of a district created under section 3311.26	25631
or 3311.37 of the Revised Code, the amount paid shall not be less,	25632
in any of the three succeeding fiscal years following the	25633
creation, than the sum of the amounts allocated under Chapter	25634
3317. of the Revised Code to the districts separately in the year	25635
of the creation.	25636

(B) In the case of a school district which is transferred to	25637
another school district or districts, pursuant to section 3311.22,	25638
3311.231, or 3311.38 of the Revised Code, the amount paid to the	25639
district accepting the transferred territory shall not be less, in	25640
any of the three succeeding fiscal years following the transfer,	25641
than the sum of the amounts allocated under Chapter 3317. of the	25642
Revised Code to the districts separately in the year of the	25643
consummation of the transfer.	25644

~~(C) In the case of any school district, the amount paid under~~	25645
~~Chapter 3317. of the Revised Code to the district in the fiscal~~	25646
~~year of distribution shall not be less than that paid under such~~	25647
~~chapter in the preceding fiscal year, less any amount paid in that~~	25648
~~preceding fiscal year under section 3317.0216 of the Revised Code,~~	25649
~~if in the calendar year ending the thirty-first day of December~~	25650
~~preceding the fiscal year of distribution, the county auditor of~~	25651
~~the county to which the district has been assigned by the~~	25652
~~department of education for administrative purposes has completed~~	25653
~~reassessment of all real estate within the county, or the tax~~	25654
~~duplicate of that county was increased by the application of a~~	25655
~~uniform taxable value per cent of true value pursuant to a rule or~~	25656
~~order of the tax commissioner and the revised valuations were~~	25657
~~entered on the tax list and duplicate. Notwithstanding sections~~	25658
~~3311.22, 3311.231, 3311.26, 3311.37, and 3311.38 of the Revised~~	25659
~~Code, this minimum guarantee is applicable only during the fiscal~~	25660
~~year immediately following the reassessment or application.~~	25661

~~(D) In the case of any school district that has territory in~~	25662
~~three or more counties, each of which contains at least twenty per~~	25663
~~cent of the district's territory, the amount paid under Chapter~~	25664
~~3317. of the Revised Code to the district in the fiscal year of~~	25665
~~distribution shall not be less than that paid under such chapter~~	25666
~~in the preceding fiscal year, less any amount paid in that~~	25667
~~preceding fiscal year under section 3317.0216 of the Revised Code,~~	25668
~~if in the calendar year ending the thirty-first day of December~~	25669
~~preceding the fiscal year of distribution, the county auditor of~~	25670
~~any such county completed reassessment of all real estate within~~	25671
~~the county, or the tax duplicate of any such county was increased~~	25672
~~by the application of a uniform taxable value per cent of true~~	25673
~~value pursuant to a rule or order of the tax commissioner and the~~	25674
~~revised valuations were entered on the tax list and duplicate.~~	25675
~~Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37, and~~	25676
~~3311.38 of the Revised Code, this minimum guarantee is applicable~~	25677
~~only during the fiscal year immediately following the reassessment~~	25678
~~or application.~~	25679

Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37,	25680
and 3311.38 of the Revised Code, the minimum guarantees prescribed	25681
by divisions (A) and (B) of this section shall not affect the	25682
amount of aid received by a school district for more than three	25683
consecutive years.	25684

Sec. 3317.05. (A) ~~For~~The department of education shall	25685
assign units under this division until July 1, 2007.	25686

For the purpose of calculating payments under sections	25687
3317.052 and 3317.053 of the Revised Code, the department of	25688
education shall determine for each institution, by the last day of	25689
January of each year and based on information certified under	25690
section 3317.03 of the Revised Code, the number of vocational	25691
education units or fractions of units approved by the department	25692
on the basis of standards and rules adopted by the state board of	25693
education. As used in this division, "institution" means an	25694
institution operated by a department specified in section 3323.091	25695
of the Revised Code and that provides vocational education	25696
programs under the supervision of the division of vocational	25697
education of the department that meet the standards and rules for	25698
these programs, including licensure of professional staff involved	25699
in the programs, as established by the state board.	25700

(B) For the purpose of calculating payments under sections	25701
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	25702
department shall determine, based on information certified under	25703
section 3317.03 of the Revised Code, the following by the last day	25704
of January of each year for each educational service center, for	25705
each school district, including each cooperative education school	25706
district, for each institution eligible for payment under section	25707
3323.091 of the Revised Code, and for each county MR/DD board: the	25708
number of classes operated by the school district, service center,	25709
institution, or county MR/DD board for ~~handicapped~~ preschool	25710
children with disabilities, or fraction thereof, including in the	25711
case of a district or service center that is a funding agent,	25712
classes taught by a licensed teacher employed by that district or	25713
service center under section 3313.841 of the Revised Code,	25714
approved annually by the department on the basis of standards and	25715
rules adopted by the state board.	25716

(C) For the purpose of calculating payments under sections	25717
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	25718
department shall determine, based on information certified under	25719
section 3317.03 of the Revised Code, the following by the last day	25720
of January of each year for each school district, including each	25721
cooperative education school district, for each institution	25722
eligible for payment under section 3323.091 of the Revised Code,	25723
and for each county MR/DD board: the number of ~~preschool~~	25724
~~handicapped~~ units for related services, as defined in section	25725
3323.01 of the Revised Code, for preschool children with	25726
disabilities approved annually by the department on the basis of	25727
standards and rules adopted by the state board.	25728

(D) All of the arithmetical calculations made under this	25729
section shall be carried to the second decimal place. The total	25730
number of units for school districts, service centers, and	25731
institutions approved annually under this section shall not exceed	25732
the number of units included in the estimate of cost for these	25733
units and appropriations made for them by the general assembly.	25734

In the case of ~~handicapped preschool~~ units for preschool	25735
children with disabilities described in division (B) of this	25736
section, the department shall approve only preschool units for	25737
children who are under age six on the thirtieth day of September	25738
of the academic year, or on the first day of August of the	25739
academic year if the school district in which the child is	25740
enrolled has adopted a resolution under division (A)(3) of section	25741
3321.01 of the Revised Code, but not less than age three on the	25742
first day of December of the academic year, except that such a	25743
unit may include one or more children who are under age three or	25744
are age six or over on the applicable date, as reported under	25745
division (B)(2) or (G)(2)(b) of section 3317.03 of the Revised	25746
Code, if such children have been admitted to the unit pursuant to	25747
rules of the state board. The number of units for county MR/DD	25748
boards and institutions eligible for payment under section	25749
3323.091 of the Revised Code approved under this section shall not	25750
exceed the number that can be funded with appropriations made for	25751
such purposes by the general assembly.	25752

No unit shall be approved under divisions (B) and (C) of this	25753
section unless a plan has been submitted and approved under	25754
Chapter 3323. of the Revised Code.	25755

(E) The department shall approve units or fractions thereof	25756
for gifted children on the basis of standards and rules adopted by	25757
the state board.	25758

Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and	25759
3317.11 of the Revised Code, a unit funded pursuant to division	25760
(L) of section 3317.024 or division (A)(2) of section 3317.052 of	25761
the Revised Code shall not be approved for state funding in one	25762
school district, including any cooperative education school	25763
district or any educational service center, to the extent that	25764
such unit provides programs in or services to another district	25765
which receives payment pursuant to section 3317.04 of the Revised	25766
Code.	25767

(2) Any city, local, exempted village, or cooperative	25768
education school district or any educational service center may	25769
combine partial unit eligibility for ~~handicapped preschool~~	25770
programs for preschool children with disabilities pursuant to	25771
section 3317.05 of the Revised Code, and such combined partial	25772
units may be approved for state funding in one school district or	25773
service center.	25774

(B) After units have been initially approved for any fiscal	25775
year under section 3317.05 of the Revised Code, no unit shall be	25776
subsequently transferred from a school district or educational	25777
service center to another city, exempted village, local, or	25778
cooperative education school district or educational service	25779
center or to an institution or county MR/DD board solely for the	25780
purpose of reducing the financial obligations of the school	25781
district in a fiscal year it receives payment pursuant to section	25782
3317.04 of the Revised Code.	25783

Sec. 3317.052. As used in this section, "institution" means	25784
an institution operated by a department specified in division (A)	25785
of section 3323.091 of the Revised Code.	25786

(A)(1) The department of education shall pay each school	25787
district, educational service center, institution eligible for	25788
payment under section 3323.091 of the Revised Code, or county	25789
MR/DD board an amount for the total of all classroom units for	25790
~~handicapped~~ preschool children with disabilities approved under	25791
division (B) of section 3317.05 of the Revised Code. For each	25792
unit, the amount shall be the sum of the minimum salary for the	25793
teacher of the unit, calculated on the basis of the teacher's	25794
training level and years of experience pursuant to the salary	25795
schedule prescribed in the version of section 3317.13 of the	25796
Revised Code in effect prior to July 1, 2001, plus fifteen per	25797
cent of that minimum salary amount, and eight thousand	25798
twenty-three dollars.	25799

(2) The department shall pay each school district,	25800
educational service center, institution eligible for payment under	25801
section 3323.091 of the Revised Code, or county MR/DD board an	25802
amount for the total of all related services units for ~~handicapped~~	25803
preschool children with disabilities approved under division (C)	25804
of section 3317.05 of the Revised Code. For each such unit, the	25805
amount shall be the sum of the minimum salary for the teacher of	25806
the unit calculated on the basis of the teacher's training level	25807
and years of experience pursuant to the salary schedule prescribed	25808
in the version of section 3317.13 of the Revised Code in effect	25809
prior to July 1, 2001, fifteen per cent of that minimum salary	25810
amount, and two thousand one hundred thirty-two dollars.	25811

(B) If a school district, educational service center, or	25812
county MR/DD board has had additional ~~handicapped preschool~~ units	25813
for preschool children with disabilities approved for the year	25814
under division (F)(2) or (G)(3) of section 3317.03 of the Revised	25815
Code, the district, educational service center, or board shall	25816
receive an additional amount during the last half of the fiscal	25817
year. For each district, center, or board, the additional amount	25818
for each unit shall equal fifty per cent of the amounts computed	25819
for the unit in the manner prescribed by division (A) of this	25820
section and division (C) of section 3317.053 of the Revised Code.	25821

(C) The department ~~shall~~may pay each institution approved	25822
for vocational education ~~units under division (A) of section~~	25823
~~3317.05 of the Revised Code an amount for the total of all the~~	25824
~~units approved under that division. The amount for each unit shall~~	25825
~~be the sum of the minimum salary for the teacher of the unit,~~	25826
~~calculated on the basis of the teacher's training level and years~~	25827
~~of experience pursuant to the salary schedule prescribed in the~~	25828
~~version of section 3317.13 of the Revised Code in effect prior to~~	25829
~~July 1, 2001, plus fifteen per cent of that minimum salary amount,~~	25830
~~and nine thousand five hundred ten dollars~~a grant amount based on	25831
the institution's submission of a comprehensive plan for a program	25832
to provide vocational education services. Each institution that	25833
receives ~~units funds~~a grant under this division annually shall	25834
report to the department on the delivery of services and the	25835
performance of students and any other information required by the	25836
department to evaluate the institution's vocational education	25837
program.	25838

Sec. 3317.06. Moneys paid to school districts under division	25839
(I) of section 3317.024 of the Revised Code shall be used for the	25840
following independent and fully severable purposes:	25841

(A) To purchase such secular textbooks or electronic	25842
textbooks as have been approved by the superintendent of public	25843
instruction for use in public schools in the state and to loan	25844
such textbooks or electronic textbooks to pupils attending	25845
nonpublic schools within the district or to their parents and to	25846
hire clerical personnel to administer such lending program. Such	25847
loans shall be based upon individual requests submitted by such	25848
nonpublic school pupils or parents. Such requests shall be	25849
submitted to the school district in which the nonpublic school is	25850
located. Such individual requests for the loan of textbooks or	25851
electronic textbooks shall, for administrative convenience, be	25852
submitted by the nonpublic school pupil or the pupil's parent to	25853
the nonpublic school, which shall prepare and submit collective	25854
summaries of the individual requests to the school district. As	25855
used in this section:	25856

(1) "Textbook" means any book or book substitute that a pupil	25857
uses as a consumable or nonconsumable text, text substitute, or	25858
text supplement in a particular class or program in the school the	25859
pupil regularly attends.	25860

(2) "Electronic textbook" means computer software,	25861
interactive videodisc, magnetic media, CD-ROM, computer	25862
courseware, local and remote computer assisted instruction,	25863
on-line service, electronic medium, or other means of conveying	25864
information to the student or otherwise contributing to the	25865
learning process through electronic means.	25866

(B) To provide speech and hearing diagnostic services to	25867
pupils attending nonpublic schools within the district. Such	25868
service shall be provided in the nonpublic school attended by the	25869
pupil receiving the service.	25870

(C) To provide physician, nursing, dental, and optometric	25871
services to pupils attending nonpublic schools within the	25872
district. Such services shall be provided in the school attended	25873
by the nonpublic school pupil receiving the service.	25874

(D) To provide diagnostic psychological services to pupils	25875
attending nonpublic schools within the district. Such services	25876
shall be provided in the school attended by the pupil receiving	25877
the service.	25878

(E) To provide therapeutic psychological and speech and	25879
hearing services to pupils attending nonpublic schools within the	25880
district. Such services shall be provided in the public school, in	25881
nonpublic schools, in public centers, or in mobile units located	25882
on or off of the nonpublic premises. If such services are provided	25883
in the public school or in public centers, transportation to and	25884
from such facilities shall be provided by the school district in	25885
which the nonpublic school is located.	25886

(F) To provide guidance ~~and~~, counseling, and social work	25887
services to pupils attending nonpublic schools within the	25888
district. Such services shall be provided in the public school, in	25889
nonpublic schools, in public centers, or in mobile units located	25890
on or off of the nonpublic premises. If such services are provided	25891
in the public school or in public centers, transportation to and	25892
from such facilities shall be provided by the school district in	25893
which the nonpublic school is located.	25894

(G) To provide remedial services to pupils attending	25895
nonpublic schools within the district. Such services shall be	25896
provided in the public school, in nonpublic schools, in public	25897
centers, or in mobile units located on or off of the nonpublic	25898
premises. If such services are provided in the public school or in	25899
public centers, transportation to and from such facilities shall	25900
be provided by the school district in which the nonpublic school	25901
is located.	25902

(H) To supply for use by pupils attending nonpublic schools	25903
within the district such standardized tests and scoring services	25904
as are in use in the public schools of the state;	25905

(I) To provide programs for children who attend nonpublic	25906
schools within the district and are ~~handicapped~~ children with	25907
disabilities as defined in ~~division (A) of~~ section 3323.01 of the	25908
Revised Code or gifted children. Such programs shall be provided	25909
in the public school, in nonpublic schools, in public centers, or	25910
in mobile units located on or off of the nonpublic premises. If	25911
such programs are provided in the public school or in public	25912
centers, transportation to and from such facilities shall be	25913
provided by the school district in which the nonpublic school is	25914
located.	25915

(J) To hire clerical personnel to assist in the	25916
administration of programs pursuant to divisions (B), (C), (D),	25917
(E), (F), (G), and (I) of this section and to hire supervisory	25918
personnel to supervise the providing of services and textbooks	25919
pursuant to this section.	25920

(K) To purchase or lease any secular, neutral, and	25921
nonideological computer software (including site-licensing),	25922
prerecorded video laserdiscs, digital video on demand (DVD),	25923
compact discs, and video cassette cartridges, wide area	25924
connectivity and related technology as it relates to internet	25925
access, mathematics or science equipment and materials,	25926
instructional materials, and school library materials that are in	25927
general use in the public schools of the state and loan such items	25928
to pupils attending nonpublic schools within the district or to	25929
their parents, and to hire clerical personnel to administer the	25930
lending program. Only such items that are incapable of diversion	25931
to religious use and that are susceptible of loan to individual	25932
pupils and are furnished for the use of individual pupils shall be	25933
purchased and loaned under this division. As used in this section,	25934
"instructional materials" means prepared learning materials that	25935
are secular, neutral, and nonideological in character and are of	25936
benefit to the instruction of school children, and may include	25937
educational resources and services developed by the eTech Ohio	25938
commission.	25939

(L) To purchase or lease instructional equipment, including	25940
computer hardware and related equipment in general use in the	25941
public schools of the state, for use by pupils attending nonpublic	25942
schools within the district and to loan such items to pupils	25943
attending nonpublic schools within the district or to their	25944
parents, and to hire clerical personnel to administer the lending	25945
program.	25946

(M) To purchase mobile units to be used for the provision of	25947
services pursuant to divisions (E), (F), (G), and (I) of this	25948
section and to pay for necessary repairs and operating costs	25949
associated with these units.	25950

(N) To reimburse costs the district incurred to store the	25951
records of a chartered nonpublic school that closes.	25952
Reimbursements under this division shall be made one time only for	25953
each chartered nonpublic school that closes.	25954

Clerical and supervisory personnel hired pursuant to division	25955
(J) of this section shall perform their services in the public	25956
schools, in nonpublic schools, public centers, or mobile units	25957
where the services are provided to the nonpublic school pupil,	25958
except that such personnel may accompany pupils to and from the	25959
service sites when necessary to ensure the safety of the children	25960
receiving the services.	25961

All services provided pursuant to this section may be	25962
provided under contract with educational service centers, the	25963
department of health, city or general health districts, or private	25964
agencies whose personnel are properly licensed by an appropriate	25965
state board or agency.	25966

Transportation of pupils provided pursuant to divisions (E),	25967
(F), (G), and (I) of this section shall be provided by the school	25968
district from its general funds and not from moneys paid to it	25969
under division (I) of section 3317.024 of the Revised Code unless	25970
a special transportation request is submitted by the parent of the	25971
child receiving service pursuant to such divisions. If such an	25972
application is presented to the school district, it may pay for	25973
the transportation from moneys paid to it under division (I) of	25974
section 3317.024 of the Revised Code.	25975

No school district shall provide health or remedial services	25976
to nonpublic school pupils as authorized by this section unless	25977
such services are available to pupils attending the public schools	25978
within the district.	25979

Materials, equipment, computer hardware or software,	25980
textbooks, electronic textbooks, and health and remedial services	25981
provided for the benefit of nonpublic school pupils pursuant to	25982
this section and the admission of pupils to such nonpublic schools	25983
shall be provided without distinction as to race, creed, color, or	25984
national origin of such pupils or of their teachers.	25985

No school district shall provide services, materials, or	25986
equipment that contain religious content for use in religious	25987
courses, devotional exercises, religious training, or any other	25988
religious activity.	25989

As used in this section, "parent" includes a person standing	25990
in loco parentis to a child.	25991

Notwithstanding section 3317.01 of the Revised Code, payments	25992
shall be made under this section to any city, local, or exempted	25993
village school district within which is located one or more	25994
nonpublic elementary or high schools and any payments made to	25995
school districts under division (I) of section 3317.024 of the	25996
Revised Code for purposes of this section may be disbursed without	25997
submission to and approval of the controlling board.	25998

The allocation of payments for materials, equipment,	25999
textbooks, electronic textbooks, health services, and remedial	26000
services to city, local, and exempted village school districts	26001
shall be on the basis of the state board of education's estimated	26002
annual average daily membership in nonpublic elementary and high	26003
schools located in the district.	26004

Payments made to city, local, and exempted village school	26005
districts under this section shall be equal to specific	26006
appropriations made for the purpose. All interest earned by a	26007
school district on such payments shall be used by the district for	26008
the same purposes and in the same manner as the payments may be	26009
used.	26010

The department of education shall adopt guidelines and	26011
procedures under which such programs and services shall be	26012
provided, under which districts shall be reimbursed for	26013
administrative costs incurred in providing such programs and	26014
services, and under which any unexpended balance of the amounts	26015
appropriated by the general assembly to implement this section may	26016
be transferred to the auxiliary services personnel unemployment	26017
compensation fund established pursuant to section 4141.47 of the	26018
Revised Code. The department shall also adopt guidelines and	26019
procedures limiting the purchase and loan of the items described	26020
in division (K) of this section to items that are in general use	26021
in the public schools of the state, that are incapable of	26022
diversion to religious use, and that are susceptible to individual	26023
use rather than classroom use. Within thirty days after the end of	26024
each biennium, each board of education shall remit to the	26025
department all moneys paid to it under division (I) of section	26026
3317.024 of the Revised Code and any interest earned on those	26027
moneys that are not required to pay expenses incurred under this	26028
section during the biennium for which the money was appropriated	26029
and during which the interest was earned. If a board of education	26030
subsequently determines that the remittal of moneys leaves the	26031
board with insufficient money to pay all valid expenses incurred	26032
under this section during the biennium for which the remitted	26033
money was appropriated, the board may apply to the department of	26034
education for a refund of money, not to exceed the amount of the	26035
insufficiency. If the department determines the expenses were	26036
lawfully incurred and would have been lawful expenditures of the	26037
refunded money, it shall certify its determination and the amount	26038
of the refund to be made to the director of job and family	26039
services who shall make a refund as provided in section 4141.47 of	26040
the Revised Code.	26041

Each school district shall label materials, equipment,	26042
computer hardware or software, textbooks, and electronic textbooks	26043
purchased or leased for loan to a nonpublic school under this	26044
section, acknowledging that they were purchased or leased with	26045
state funds under this section. However, a district need not label	26046
materials, equipment, computer hardware or software, textbooks, or	26047
electronic textbooks that the district determines are consumable	26048
in nature or have a value of less than two hundred dollars.	26049

Sec. 3317.063. The superintendent of public instruction, in	26050
accordance with rules adopted by the department of education,	26051
shall annually reimburse each chartered nonpublic school for the	26052
actual mandated service administrative and clerical costs incurred	26053
by such school during the preceding school year in preparing,	26054
maintaining, and filing reports, forms, and records, and in	26055
providing such other administrative and clerical services that are	26056
not an integral part of the teaching process as may be required by	26057
state law or rule or by requirements duly promulgated by city,	26058
exempted village, or local school districts. The mandated service	26059
costs reimbursed pursuant to this section shall include, but are	26060
not limited to, the preparation, filing and maintenance of forms,	26061
reports, or records and other clerical and administrative services	26062
relating to state chartering or approval of the nonpublic school,	26063
pupil attendance, pupil health and health testing, transportation	26064
of pupils, federally funded education programs, pupil appraisal,	26065
pupil progress, educator licensure, unemployment and workers'	26066
compensation, transfer of pupils, and such other education related	26067
data which are now or hereafter shall be required of such	26068
nonpublic school by state law or rule, or by requirements of the	26069
state department of education, other state agencies, or city,	26070
exempted village, or local school districts.	26071

The reimbursement required by this section shall be for	26072
school years beginning on or after July 1, 1981.	26073

Each nonpublic school which seeks reimbursement pursuant to	26074
this section shall submit to the superintendent of public	26075
instruction an application together with such additional reports	26076
and documents as the department of education may require. Such	26077
application, reports, and documents shall contain such information	26078
as the department of education may prescribe in order to carry out	26079
the purposes of this section. No payment shall be made until the	26080
superintendent of public instruction has approved such	26081
application.	26082

Each nonpublic school which applies for reimbursement	26083
pursuant to this section shall maintain a separate account or	26084
system of accounts for the expenses incurred in rendering the	26085
required services for which reimbursement is sought. Such accounts	26086
shall contain such information as is required by the department of	26087
education and shall be maintained in accordance with rules adopted	26088
by the department of education.	26089

Reimbursement payments to a nonpublic school pursuant to this	26090
section shall not exceed an amount for each school year equal to	26091
~~two~~three hundred ~~seventy-five~~ dollars per pupil enrolled in that	26092
nonpublic school.	26093

The superintendent of public instruction may, from time to	26094
time, examine any and all accounts and records of a nonpublic	26095
school which have been maintained pursuant to this section in	26096
support of an application for reimbursement, for the purpose of	26097
determining the costs to such school of rendering the services for	26098
which reimbursement is sought. If after such audit it is	26099
determined that any school has received funds in excess of the	26100
actual cost of providing such services, said school shall	26101
immediately reimburse the state in such excess amount.	26102

Any payments made to chartered nonpublic schools under this	26103
section may be disbursed without submission to and approval of the	26104
controlling board.	26105

Sec. 3317.07. The state board of education shall establish	26106
rules for the purpose of distributing subsidies for the purchase	26107
of school buses under division (D) of section 3317.024 of the	26108
Revised Code.	26109

No school bus subsidy payments shall be paid to any district	26110
unless such district can demonstrate that pupils residing more	26111
than one mile from the school could not be transported without	26112
such additional aid.	26113

The amount paid to a county MR/DD board for buses purchased	26114
for transportation of children in special education programs	26115
operated by the board shall be based on a per pupil allocation for	26116
eligible students.	26117

The amount paid to a school district for buses purchased for	26118
transportation of ~~handicapped~~pupils with disabilities and	26119
nonpublic school pupils shall be determined by a per pupil	26120
allocation based on the number of special education and nonpublic	26121
school pupils for whom transportation is provided.	26122

The state board of education shall adopt a formula to	26123
determine the amount of payments that shall be distributed to	26124
school districts to purchase school buses for pupils other than	26125
~~handicapped~~pupils with disabilities or nonpublic school pupils.	26126

If any district or MR/DD board obtains bus services for pupil	26127
transportation pursuant to a contract, such district or board may	26128
use payments received under this section to defray the costs of	26129
contracting for bus services in lieu of for purchasing buses.	26130

If the department of education determines that a county MR/DD	26131
board no longer needs a school bus because the board no longer	26132
transports children to a special education program operated by the	26133
board, or if the department determines that a school district no	26134
longer needs a school bus to transport pupils to a nonpublic	26135
school or special education program, the department may reassign a	26136
bus that was funded with payments provided pursuant to this	26137
section for the purpose of transporting such pupils. The	26138
department may reassign a bus to a county MR/DD board or school	26139
district that transports children to a special education program	26140
designated in the children's individualized education plans, or to	26141
a school district that transports pupils to a nonpublic school,	26142
and needs an additional school bus.	26143

Sec. 3317.08. A board of education may admit to its schools	26144
a child it is not required by section 3313.64 or 3313.65 of the	26145
Revised Code to admit, if tuition is paid for the child.	26146

Unless otherwise provided by law, tuition shall be computed	26147
in accordance with this section. A district's tuition charge for a	26148
school year shall be one of the following:	26149

(A) For any child, except a ~~handicapped~~ preschool child with	26150
a disability described in division (B) of this section, the	26151
quotient obtained by dividing the sum of the amounts described in	26152
divisions (A)(1) and (2) of this section by the district's formula	26153
ADM.	26154

(1) The district's total taxes charged and payable for	26155
current expenses for the tax year preceding the tax year in which	26156
the school year begins as certified under division (A)(3) of	26157
section 3317.021 of the Revised Code.	26158

(2) The district's total taxes collected for current expenses	26159
under a school district income tax adopted pursuant to section	26160
5748.03 or 5748.08 of the Revised Code that are disbursed to the	26161
district during the fiscal year. On or before the first day of	26162
June of each year, the tax commissioner shall certify the amount	26163
to be used in the calculation under this division for the next	26164
fiscal year to the department of education and the office of	26165
budget and management for each city, local, and exempted village	26166
school district that levies a school district income tax.	26167

(B) For any ~~handicapped~~ preschool child with a disability not	26168
included in a unit approved under division (B) of section 3317.05	26169
of the Revised Code, an amount computed for the school year as	26170
follows:	26171

(1) For each type of special education service provided to	26172
the child for whom tuition is being calculated, determine the	26173
amount of the district's operating expenses in providing that type	26174
of service to all ~~handicapped~~ preschool children with disabilities	26175
not included in units approved under division (B) of section	26176
3317.05 of the Revised Code;	26177

(2) For each type of special education service for which	26178
operating expenses are determined under division (B)(1) of this	26179
section, determine the amount of such operating expenses that was	26180
paid from any state funds received under this chapter;	26181

(3) For each type of special education service for which	26182
operating expenses are determined under division (B)(1) of this	26183
section, divide the difference between the amount determined under	26184
division (B)(1) of this section and the amount determined under	26185
division (B)(2) of this section by the total number of ~~handicapped~~	26186
preschool children with disabilities not included in units	26187
approved under division (B) of section 3317.05 of the Revised Code	26188
who received that type of service;	26189

(4) Determine the sum of the quotients obtained under	26190
division (B)(3) of this section for all types of special education	26191
services provided to the child for whom tuition is being	26192
calculated.	26193

The state board of education shall adopt rules defining the	26194
types of special education services and specifying the operating	26195
expenses to be used in the computation under this section.	26196

If any child for whom a tuition charge is computed under this	26197
section for any school year is enrolled in a district for only	26198
part of that school year, the amount of the district's tuition	26199
charge for the child for the school year shall be computed in	26200
proportion to the number of school days the child is enrolled in	26201
the district during the school year.	26202

Except as otherwise provided in division (J) of section	26203
3313.64 of the Revised Code, whenever a district admits a child to	26204
its schools for whom tuition computed in accordance with this	26205
section is an obligation of another school district, the amount of	26206
the tuition shall be certified by the treasurer of the board of	26207
education of the district of attendance, to the board of education	26208
of the district required to pay tuition for its approval and	26209
payment. If agreement as to the amount payable or the district	26210
required to pay the tuition cannot be reached, or the board of	26211
education of the district required to pay the tuition refuses to	26212
pay that amount, the board of education of the district of	26213
attendance shall notify the superintendent of public instruction.	26214
The superintendent shall determine the correct amount and the	26215
district required to pay the tuition and shall deduct that amount,	26216
if any, under division (G) of section 3317.023 of the Revised	26217
Code, from the district required to pay the tuition and add that	26218
amount to the amount allocated to the district attended under such	26219
division. The superintendent of public instruction shall send to	26220
the district required to pay the tuition an itemized statement	26221
showing such deductions at the time of such deduction.	26222

When a political subdivision owns and operates an airport,	26223
welfare, or correctional institution or other project or facility	26224
outside its corporate limits, the territory within which the	26225
facility is located is exempt from taxation by the school district	26226
within which such territory is located, and there are school age	26227
children residing within such territory, the political subdivision	26228
owning such tax exempt territory shall pay tuition to the district	26229
in which such children attend school. The tuition for these	26230
children shall be computed as provided for in this section.	26231

Sec. 3317.15. (A) As used in this section, "~~handicapped~~	26232
child with a disability" has the same meaning as in section	26233
3323.01 of the Revised Code.	26234

(B) Each city, exempted village, local, and joint vocational	26235
school district shall continue to comply with all requirements of	26236
federal statutes and regulations, the Revised Code, and rules	26237
adopted by the state board of education governing education of	26238
~~handicapped~~ children with disabilities, including, but not limited	26239
to, requirements that ~~handicapped~~ children with disabilities be	26240
served by appropriately licensed or certificated education	26241
personnel.	26242

(C) Each city, exempted village, local, and joint vocational	26243
school district shall consult with the educational service center	26244
serving the county in which the school district is located and, if	26245
it elects to participate pursuant to section 5126.04 of the	26246
Revised Code, the county MR/DD board of that county, in providing	26247
services that serve the best interests of ~~handicapped~~ children	26248
with disabilities.	26249

(D) Each school district shall annually provide documentation	26250
to the department of education that it employs the appropriate	26251
number of licensed or certificated personnel to serve the	26252
district's ~~handicapped~~ students with disabilities.	26253

(E) The department annually shall audit a sample of school	26254
districts to ensure that ~~handicapped~~ children with disabilities	26255
are being appropriately reported.	26256

(F) Each school district shall provide speech-language	26257
pathology services at a ratio of one speech-language pathologist	26258
per two thousand students receiving any educational services from	26259
the district other than adult education. Each district shall	26260
provide school psychological services at a ratio of one school	26261
psychologist per two thousand five hundred students receiving any	26262
educational services from the district other than adult education.	26263
A district may obtain the services of speech-language pathologists	26264
and school psychologists by any means permitted by law, including	26265
contracting with an educational service center. If, however, a	26266
district is unable to obtain the services of the required number	26267
of speech-language pathologists or school psychologists, the	26268
district may request from the superintendent of public	26269
instruction, and the superintendent may grant, a waiver of this	26270
provision for a period of time established by the superintendent.	26271

Sec. 3317.16. (A) As used in this section:

26272

(1) "State share percentage" means the percentage calculated	26273
for a joint vocational school district as follows:	26274

(a) Calculate the state base cost funding amount for the	26275
district under division (B) of this section. If the district would	26276
not receive any base cost funding for that year under that	26277
division, the district's state share percentage is zero.	26278

(b) If the district would receive base cost funding under	26279
that division, divide that base cost amount by an amount equal to	26280
the following:	26281

~~cost-of-doing-business factor X~~

26282

the formula amount X

26283

formula ADM

26284

The resultant number is the district's state share	26285
percentage.	26286

(2) The "total special education weight" for a joint	26287
vocational school district shall be calculated in the same manner	26288
as prescribed in division (B)(1) of section 3317.022 of the	26289
Revised Code.	26290

(3) The "total vocational education weight" for a joint	26291
vocational school district shall be calculated in the same manner	26292
as prescribed in division (B)(4) of section 3317.022 of the	26293
Revised Code.	26294

(4) The "total recognized valuation" of a joint vocational	26295
school district shall be determined by adding the recognized	26296
valuations of all its constituent school districts for the	26297
applicable fiscal year.	26298

(5) "Resident district" means the city, local, or exempted	26299
village school district in which a student is entitled to attend	26300
school under section 3313.64 or 3313.65 of the Revised Code.	26301

(6) "Community school" means a community school established	26302
under Chapter 3314. of the Revised Code.	26303

(B) The department of education shall compute and distribute	26304
state base cost funding to each joint vocational school district	26305
for the fiscal year in accordance with ~~division (B) of this~~	26306
~~section.~~	26307

~~(1) Compute~~ the following ~~for each eligible district~~formula:

26308

(~~cost-of-doing-business factor X~~

26309

formula amount X

26310

formula ADM) -

26311

(.0005 X total recognized valuation)

26312

If the difference obtained under this division is a negative	26313
number, the district's computation shall be zero.	26314

~~(2) Compute both of the following for each district:~~

26315

~~(a) The difference of (i) the district's fiscal year 2005~~	26316
~~base cost payment under the version of division (B) of this~~	26317
~~section in effect in fiscal year 2005, minus (ii) the amount~~	26318
~~computed for the district for the current fiscal year under~~	26319
~~current division (B)(1) of this section;~~	26320

~~(b) The following amount:~~

26321

~~[(fiscal year 2005 base cost payment/fiscal year 2005 formula~~

26322

~~ADM) X current year formula ADM] minus the amount computed for~~

26323

~~the district under current division (B)(1) of this section~~

26324

~~If one of the amounts computed under division (B)(2)(a) or~~	26325
~~(b) of this section is a positive amount, the department shall pay~~	26326
~~the district that amount in addition to the amount calculated~~	26327
~~under division (B)(1) of this section. If both amounts are~~	26328
~~positive amounts, the department shall pay the district the lesser~~	26329
~~of the two amounts in addition to the amount calculated under~~	26330
~~division (B)(1) of this section.~~	26331

(C)(1) The department shall compute and distribute state	26332
vocational education additional weighted costs funds to each joint	26333
vocational school district in accordance with the following	26334
formula:	26335

state share percentage X formula amount X

26336

total vocational education weight

26337

In each fiscal year, a joint vocational school district	26338
receiving funds under division (C)(1) of this section shall spend	26339
those funds only for the purposes the department designates as	26340
approved for vocational education expenses. Vocational educational	26341
expenses approved by the department shall include only expenses	26342
connected to the delivery of career-technical programming to	26343
career-technical students. The department shall require the joint	26344
vocational school district to report data annually so that the	26345
department may monitor the district's compliance with the	26346
requirements regarding the manner in which funding received under	26347
division (C)(1) of this section may be spent.	26348

(2) The department shall compute for each joint vocational	26349
school district state funds for vocational education associated	26350
services costs in accordance with the following formula:	26351

state share percentage X .05 X

26352

the formula amount X the sum of

26353

categories one and two vocational

26354

education ADM

26355

In any fiscal year, a joint vocational school district	26356
receiving funds under division (C)(2) of this section, or through	26357
a transfer of funds pursuant to division (L) of section 3317.023	26358
of the Revised Code, shall spend those funds only for the purposes	26359
that the department designates as approved for vocational	26360
education associated services expenses, which may include such	26361
purposes as apprenticeship coordinators, coordinators for other	26362
vocational education services, vocational evaluation, and other	26363
purposes designated by the department. The department may deny	26364
payment under division (C)(2) of this section to any district that	26365
the department determines is not operating those services or is	26366
using funds paid under division (C)(2) of this section, or through	26367
a transfer of funds pursuant to division (L) of section 3317.023	26368
of the Revised Code, for other purposes.	26369

(D)(1) The department shall compute and distribute state	26370
special education and related services additional weighted costs	26371
funds to each joint vocational school district in accordance with	26372
the following formula:	26373

state share percentage X formula amount X

26374

total special education weight

26375

(2)(a) As used in this division, the "personnel allowance"	26376
means thirty thousand dollars in fiscal years ~~2002, 2003, 2004,~~	26377
~~2005, 2006, and 2007~~2008 and 2009.	26378

(b) For the provision of speech language pathology services	26379
to students, including students who do not have individualized	26380
education programs prepared for them under Chapter 3323. of the	26381
Revised Code, and for no other purpose, the department shall pay	26382
each joint vocational school district an amount calculated under	26383
the following formula:	26384

(formula ADM divided by 2000) X the personnel

26385

allowance X state share percentage

26386

(3) In any fiscal year, a joint vocational school district	26387
shall spend for purposes that the department designates as	26388
approved for special education and related services expenses at	26389
least the amount calculated as follows:	26390

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

26391

X the sum of categories one through

26392

six special education ADM) +

26393

(total special education weight X

26394

formula amount)

26395

The purposes approved by the department for special education	26396
expenses shall include, but shall not be limited to, compliance	26397
with state rules governing the education of ~~handicapped~~ children	26398
with disabilities, providing services identified in a student's	26399
individualized education program as defined in section 3323.01 of	26400
the Revised Code, provision of speech language pathology services,	26401
and the portion of the district's overall administrative and	26402
overhead costs that are attributable to the district's special	26403
education student population.	26404

The department shall require joint vocational school	26405
districts to report data annually to allow for monitoring	26406
compliance with division (D)(3) of this section. The department	26407
shall annually report to the governor and the general assembly the	26408
amount of money spent by each joint vocational school district for	26409
special education and related services.	26410

(4) In any fiscal year, a joint vocational school district	26411
shall spend for the provision of speech language pathology	26412
services not less than the sum of the amount calculated under	26413
division (D)(1) of this section for the students in the district's	26414
category one special education ADM and the amount calculated under	26415
division (D)(2) of this section.	26416

(E)(1) If a joint vocational school district's costs for a	26417
fiscal year for a student in its categories two through six	26418
special education ADM exceed the threshold catastrophic cost for	26419
serving the student, as specified in division (C)(3)(b) of section	26420
3317.022 of the Revised Code, the district may submit to the	26421
superintendent of public instruction documentation, as prescribed	26422
by the superintendent, of all of its costs for that student. Upon	26423
submission of documentation for a student of the type and in the	26424
manner prescribed, the department shall pay to the district an	26425
amount equal to the sum of the following:	26426

(a) One-half of the district's costs for the student in	26427
excess of the threshold catastrophic cost;	26428

(b) The product of one-half of the district's costs for the	26429
student in excess of the threshold catastrophic cost multiplied by	26430
the district's state share percentage.	26431

(2) The district shall only report under division (E)(1) of	26432
this section, and the department shall only pay for, the costs of	26433
educational expenses and the related services provided to the	26434
student in accordance with the student's individualized education	26435
program. Any legal fees, court costs, or other costs associated	26436
with any cause of action relating to the student may not be	26437
included in the amount.	26438

(F) Each fiscal year, the department shall pay each joint	26439
vocational school district an amount for adult technical and	26440
vocational education and specialized consultants.	26441

(G)(1) A joint vocational school district's local share of	26442
special education and related services additional weighted costs	26443
equals:	26444

(1 - state share percentage) X

26445

Total special education weight X

26446

the formula amount

26447

(2) For each ~~handicapped~~ student with a disability receiving	26448
special education and related services under an individualized	26449
education program, as defined in section 3323.01 of the Revised	26450
Code, at a joint vocational district, the resident district or, if	26451
the student is enrolled in a community school, the community	26452
school shall be responsible for the amount of any costs of	26453
providing those special education and related services to that	26454
student that exceed the sum of the amount calculated for those	26455
services attributable to that student under divisions (B), (D),	26456
(E), and (G)(1) of this section.	26457

Those excess costs shall be calculated by subtracting the sum	26458
of the following from the actual cost to provide special education	26459
and related services to the student:	26460

(a) The ~~product of the~~ formula amount ~~times the~~	26461
~~cost-of-doing-business factor~~;	26462

(b) The product of the formula amount times the applicable	26463
multiple specified in section 3317.013 of the Revised Code;	26464

(c) Any funds paid under division (E) of this section for the	26465
student;	26466

(d) Any other funds received by the joint vocational school	26467
district under this chapter to provide special education and	26468
related services to the student, not including the amount	26469
calculated under division (G)(2) of this section.	26470

(3) The board of education of the joint vocational school	26471
district may report the excess costs calculated under division	26472
(G)(2) of this section to the department of education.	26473

(4) If the board of education of the joint vocational school	26474
district reports excess costs under division (G)(3) of this	26475
section, the department shall pay the amount of excess cost	26476
calculated under division (G)(2) of this section to the joint	26477
vocational school district and shall deduct that amount as	26478
provided in division (G)(4)(a) or (b) of this section, as	26479
applicable:	26480

(a) If the student is not enrolled in a community school, the	26481
department shall deduct the amount from the account of the	26482
student's resident district pursuant to division (M) of section	26483
3317.023 of the Revised Code.	26484

(b) If the student is enrolled in a community school, the	26485
department shall deduct the amount from the account of the	26486
community school pursuant to section 3314.083 of the Revised Code.	26487

Sec. 3317.161. If the department of education is required to	26488
pay an amount under section 3353.25 of the Revised Code to a	26489
school district delivering a course included in the clearinghouse	26490
established under section 3353.21 of the Revised Code for a	26491
student enrolled in a joint vocational school district, the	26492
department shall deduct the amount of that payment from the amount	26493
calculated for the joint vocational school district under section	26494
3317.16 of the Revised Code.	26495

Sec. 3317.19. (A) As used in this section, "total unit	26496
allowance" means an amount equal to the sum of the following:	26497

(1) The total of the salary allowances for the teachers	26498
employed in the cooperative education school district for all	26499
units approved under division (B) or (C) of section 3317.05 of the	26500
Revised Code. The salary allowance for each unit shall equal the	26501
minimum salary for the teacher of the unit calculated on the basis	26502
of the teacher's training level and years of experience pursuant	26503
to the salary schedule prescribed in the version of section	26504
3317.13 of the Revised Code in effect prior to July 1, 2001.	26505

(2) Fifteen per cent of the total computed under division	26506
(A)(1) of this section;	26507

(3) The total of the unit operating allowances for all	26508
approved units. The amount of each allowance shall equal one of	26509
the following:	26510

(a) Eight thousand twenty-three dollars times the number of	26511
~~preschool handicapped~~ units for preschool children with	26512
disabilities or fraction thereof approved for the year under	26513
division (B) of section 3317.05 of the Revised Code;	26514

(b) Two thousand one hundred thirty-two dollars times the	26515
number of units or fraction thereof approved for the year under	26516
division (C) of section 3317.05 of the Revised Code.	26517

(B) The state board of education shall compute and distribute	26518
to each cooperative education school district for each fiscal year	26519
an amount equal to the sum of the following:	26520

(1) An amount equal to the total of the amounts credited to	26521
the cooperative education school district pursuant to division (K)	26522
of section 3317.023 of the Revised Code;	26523

(2) The total unit allowance;

26524

(3) An amount for assisting in providing free lunches to	26525
needy children and an amount for assisting needy school districts	26526
in purchasing necessary equipment for food preparation pursuant to	26527
division (H) of section 3317.024 of the Revised Code.	26528

(C) If a cooperative education school district has had	26529
additional special education units approved for the year under	26530
division (F)(2) of section 3317.03 of the Revised Code, the	26531
district shall receive an additional amount during the last half	26532
of the fiscal year. For each unit, the additional amount shall	26533
equal fifty per cent of the amount computed under division (A) of	26534
this section for a unit approved under division (B) of section	26535
3317.05 of the Revised Code.	26536

Sec. 3317.20. This section does not apply to ~~handicapped~~	26537
preschool children with disabilities.	26538

(A) As used in this section:

26539

(1) "Applicable weight" means the multiple specified in	26540
section 3317.013 of the Revised Code for a ~~handicap~~disability	26541
described in that section.	26542

(2) "Child's school district" means the school district in	26543
which a child is entitled to attend school pursuant to section	26544
3313.64 or 3313.65 of the Revised Code.	26545

(3) "State share percentage" means the state share percentage	26546
of the child's school district as defined in section 3317.022 of	26547
the Revised Code.	26548

(B) Except as provided in division (C) of this section, the	26549
department shall annually pay each county MR/DD board for each	26550
~~handicapped~~ child with a disability, other than a ~~handicapped~~	26551
preschool child with a disability, for whom the county MR/DD board	26552
provides special education and related services ~~the greater of the~~	26553
~~amount calculated under division (B)(1) or (2) of this section:~~	26554

~~(1) (The formula amount for fiscal year 2005 X the~~	26555
~~cost-of-doing-business factor for the child's school district for~~	26556
~~fiscal year 2005) + (state share percentage for fiscal year 2005 X~~	26557
~~formula amount for fiscal year 2005 X the applicable weight);~~	26558

~~(2) (The current~~an amount equal to the formula amount ~~times~~	26559
~~the current cost-of-doing-business factor for the child's school~~	26560
~~district)~~ + (state share percentage X ~~current~~ formula amount X the	26561
applicable weight).	26562

(C) If any school district places with a county MR/DD board	26563
more ~~handicapped~~ children with disabilities than it had placed	26564
with a county MR/DD board in fiscal year 1998, the department	26565
shall not make a payment under division (B) of this section for	26566
the number of children exceeding the number placed in fiscal year	26567
1998. The department instead shall deduct from the district's	26568
payments under this chapter, and pay to the county MR/DD board, an	26569
amount calculated in accordance with the formula prescribed in	26570
division (B) of this section for each child over the number of	26571
children placed in fiscal year 1998.	26572

(D) The department shall calculate for each county MR/DD	26573
board receiving payments under divisions (B) and (C) of this	26574
section the following amounts:	26575

(1) The amount received by the county MR/DD board for	26576
approved special education and related services units, other than	26577
~~preschool handicapped~~ units for preschool children with	26578
disabilities, in fiscal year 1998, divided by the total number of	26579
children served in the units that year;	26580

(2) The product of the quotient calculated under division	26581
(D)(1) of this section times the number of children for whom	26582
payments are made under divisions (B) and (C) of this section.	26583

If the amount calculated under division (D)(2) of this	26584
section is greater than the total amount calculated under	26585
divisions (B) and (C) of this section, the department shall pay	26586
the county MR/DD board one hundred per cent of the difference in	26587
addition to the payments under divisions (B) and (C) of this	26588
section.	26589

Sec. 3317.201. This section does not apply to ~~handicapped~~	26590
preschool children with disabilities.	26591

(A) As used in this section, the "total special education	26592
weight" for an institution means the sum of the following amounts:	26593

(1) The number of children reported by the institution under	26594
division (G)(1)(a)~~(i)~~ of section 3317.03 of the Revised Code as	26595
receiving services for a ~~handicap~~disability described in division	26596
(A) of section 3317.013 of the Revised Code multiplied by the	26597
multiple specified in that division;	26598

(2) The number of children reported by the institution under	26599
division (G)(1)(a)~~(i)~~ of section 3317.03 of the Revised Code as	26600
receiving services for a ~~handicap~~disability described in division	26601
(B) of section 3317.013 of the Revised Code multiplied by the	26602
multiple specified in that division;	26603

(3) The number of children reported by the institution under	26604
division (G)(1)(a)~~(i)~~ of section 3317.03 of the Revised Code as	26605
receiving services for a ~~handicap~~disability described in division	26606
(C) of section 3317.013 of the Revised Code multiplied by the	26607
multiple specified in that division;	26608

(4) The number of children reported by the institution under	26609
division (G)(1)(a)~~(i)~~ of section 3317.03 of the Revised Code as	26610
receiving services for a ~~handicap~~disability described in division	26611
(D) of section 3317.013 of the Revised Code multiplied by the	26612
multiple specified in that division;	26613

(5) The number of children reported by the institution under	26614
division (G)(1)(a)~~(i)~~ of section 3317.03 of the Revised Code as	26615
receiving services for a ~~handicap~~disability described in division	26616
(E) of section 3317.013 of the Revised Code multiplied by the	26617
multiple specified in that division;	26618

(6) The number of children reported by the institution under	26619
division (G)(1)(a)~~(i)~~ of section 3317.03 of the Revised Code as	26620
receiving services for a ~~handicap~~disability described in division	26621
(F) of section 3317.013 of the Revised Code multiplied by the	26622
multiple specified in that division.	26623

(B) ~~The~~For each fiscal year, the department of education	26624
~~annually~~ shall pay each state institution required to provide	26625
special education services under division (A) of section 3323.091	26626
of the Revised Code an amount equal to the greater of:	26627

(1) The formula amount times the institution's total special	26628
education weight;	26629

(2) The aggregate amount of special education and related	26630
services unit funding the institution received for all ~~handicapped~~	26631
children with disabilities other than ~~handicapped~~ preschool	26632
children with disabilities in fiscal year 2005 under sections	26633
3317.052 and 3317.053 of the Revised Code, as those sections	26634
existed prior to ~~the effective date of this section~~June 30, 2005.	26635

Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the	26636
Revised Code:	26637

(A) "Ohio school facilities commission" means the commission	26638
created pursuant to section 3318.30 of the Revised Code.	26639

(B) "Classroom facilities" means rooms in which pupils	26640
regularly assemble in public school buildings to receive	26641
instruction and education and such facilities and building	26642
improvements for the operation and use of such rooms as may be	26643
needed in order to provide a complete educational program, and may	26644
include space within which a child care facility or a community	26645
resource center is housed. "Classroom facilities" includes any	26646
space necessary for the operation of a vocational education	26647
program for secondary students in any school district that	26648
operates such a program.	26649

(C) "Project" means a project to construct or acquire	26650
classroom facilities, or to reconstruct or make additions to	26651
existing classroom facilities, to be used for housing the	26652
applicable school district and its functions.	26653

(D) "School district" means a local, exempted village, or	26654
city school district as such districts are defined in Chapter	26655
3311. of the Revised Code, acting as an agency of state	26656
government, performing essential governmental functions of state	26657
government pursuant to sections 3318.01 to 3318.20 of the Revised	26658
Code.	26659

For purposes of assistance provided under sections 3318.40 to	26660
3318.45 of the Revised Code, the term "school district" as used in	26661
this section and in divisions (A), (C), and (D) of section 3318.03	26662
and in sections 3318.031, 3318.042, 3318.07, 3318.08, 3318.083,	26663
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12, 3318.13,	26664
3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the Revised	26665
Code means a joint vocational school district established pursuant	26666
to section 3311.18 of the Revised Code.	26667

(E) "School district board" means the board of education of a	26668
school district.	26669

(F) "Net bonded indebtedness" means the difference between	26670
the sum of the par value of all outstanding and unpaid bonds and	26671
notes which a school district board is obligated to pay and any	26672
amounts the school district is obligated to pay under	26673
lease-purchase agreements entered into under section 3313.375 of	26674
the Revised Code, and the amount held in the sinking fund and	26675
other indebtedness retirement funds for their redemption. Notes	26676
issued for school buses in accordance with section 3327.08 of the	26677
Revised Code, notes issued in anticipation of the collection of	26678
current revenues, and bonds issued to pay final judgments shall	26679
not be considered in calculating the net bonded indebtedness.	26680

"Net bonded indebtedness" does not include indebtedness	26681
arising from the acquisition of land to provide a site for	26682
classroom facilities constructed, acquired, or added to pursuant	26683
to sections 3318.01 to 3318.20 of the Revised Code or the par	26684
value of bonds that have been authorized by the electors and the	26685
proceeds of which will be used by the district to provide any part	26686
of its portion of the basic project cost.	26687

(G) "Board of elections" means the board of elections of the	26688
county containing the most populous portion of the school	26689
district.	26690

(H) "County auditor" means the auditor of the county in which	26691
the greatest value of taxable property of such school district is	26692
located.	26693

(I) "Tax duplicates" means the general tax lists and	26694
duplicates prescribed by sections 319.28 and 319.29 of the Revised	26695
Code.	26696

(J) "Required level of indebtedness" means:

26697

(1) In the case of school districts in the first percentile,	26698
five per cent of the district's valuation for the year preceding	26699
the year in which the controlling board approved the project under	26700
section 3318.04 of the Revised Code.	26701

(2) In the case of school districts ranked in a subsequent	26702
percentile, five per cent of the district's valuation for the year	26703
preceding the year in which the controlling board approved the	26704
project under section 3318.04 of the Revised Code, plus [two	26705
one-hundredths of one per cent multiplied by (the percentile in	26706
which the district ranks for the fiscal year preceding the fiscal	26707
year in which the controlling board approved the district's	26708
project minus one)].	26709

(K) "Required percentage of the basic project costs" means	26710
one per cent of the basic project costs times the percentile in	26711
which the school district ranks for the fiscal year preceding the	26712
fiscal year in which the controlling board approved the district's	26713
project.	26714

(L) "Basic project cost" means a cost amount determined in	26715
accordance with rules adopted under section 111.15 of the Revised	26716
Code by the Ohio school facilities commission. The basic project	26717
cost calculation shall take into consideration the square footage	26718
and cost per square foot necessary for the grade levels to be	26719
housed in the classroom facilities, the variation across the state	26720
in construction and related costs, the cost of the installation of	26721
site utilities and site preparation, the cost of demolition of all	26722
or part of any existing classroom facilities that are abandoned	26723
under the project, the cost of insuring the project until it is	26724
completed, any contingency reserve amount prescribed by the	26725
commission under section 3318.086 of the Revised Code, and the	26726
professional planning, administration, and design fees that a	26727
school district may have to pay to undertake a classroom	26728
facilities project.	26729

For a joint vocational school district that receives	26730
assistance under sections 3318.40 to 3318.45 of the Revised Code,	26731
the basic project cost calculation for a project under those	26732
sections shall also take into account the types of laboratory	26733
spaces and program square footages needed for the vocational	26734
education programs for high school students offered by the school	26735
district.	26736

(M)(1) Except for a joint vocational school district that	26737
receives assistance under sections 3318.40 to 3318.45 of the	26738
Revised Code, a "school district's portion of the basic project	26739
cost" means the amount determined under section 3318.032 of the	26740
Revised Code.	26741

(2) For a joint vocational school district that receives	26742
assistance under sections 3318.40 to 3318.45 of the Revised Code,	26743
a "school district's portion of the basic project cost" means the	26744
amount determined under division (C) of section 3318.42 of the	26745
Revised Code.	26746

(N) "Child care facility" means space within a classroom	26747
facility in which the needs of infants, toddlers, preschool	26748
children, and school children are provided for by persons other	26749
than the parent or guardian of such children for any part of the	26750
day, including persons not employed by the school district	26751
operating such classroom facility.	26752

(O) "Community resource center" means space within a	26753
classroom facility in which comprehensive services that support	26754
the needs of families and children are provided by community-based	26755
social service providers.	26756

(P) "Valuation" means the total value of all property in the	26757
school district as listed and assessed for taxation on the tax	26758
duplicates.	26759

(Q) "Percentile" means the percentile in which the school	26760
district is ranked pursuant to ~~division (D) of~~ section 3318.011 of	26761
the Revised Code.	26762

(R) "Installation of site utilities" means the installation	26763
of a site domestic water system, site fire protection system, site	26764
gas distribution system, site sanitary system, site storm drainage	26765
system, and site telephone and data system.	26766

(S) "Site preparation" means the earthwork necessary for	26767
preparation of the building foundation system, the paved	26768
pedestrian and vehicular circulation system, playgrounds on the	26769
project site, and lawn and planting on the project site.	26770

Sec. 3318.011. For purposes of providing assistance under	26771
sections 3318.01 to 3318.20 of the Revised Code, the department of	26772
education shall annually do all of the following:	26773

(A) Calculate the adjusted valuation per pupil of each city,	26774
local, and exempted village school district according to the	26775
following formula:	26776

The district's valuation per pupil -

26777

[$30,000 X (1 - the district's income factor)].

26778

For purposes of this calculation:

26779

(1) ~~"Valuation~~Except for a district with an open enrollment	26780
net gain that is ten per cent or more of its formula ADM,	26781
"valuation per pupil" for a district means its average taxable	26782
value, divided by its formula ADM ~~reported under section 3317.03~~	26783
~~of the Revised Code~~ for the previous fiscal year. "Valuation per	26784
pupil," for a district with an open enrollment net gain that is	26785
ten per cent or more of its formula ADM, means its average taxable	26786
value, divided by the sum of its formula ADM for the previous	26787
fiscal year plus its open enrollment net gain for the previous	26788
fiscal year.	26789

(2) "Average taxable value" means the average of the amounts	26790
certified for a district in the second, third, and fourth	26791
preceding fiscal years under divisions (A)(1) and (2) of section	26792
3317.021 of the Revised Code.	26793

(3) "~~Income~~Entitled to attend school" means entitled to	26794
attend school in a city, local, or exempted village school	26795
district under section 3313.64 or 3313.65 of the Revised Code.	26796

(4) "Formula ADM" and "income factor" ~~has~~have the same	26797
~~meaning~~meanings as in section 3317.02 of the Revised Code.	26798

(5) "Native student" has the same meaning as in section	26799
3313.98 of the Revised Code.	26800

(6) "Open enrollment net gain" for a district means (a) the	26801
number of the students entitled to attend school in another	26802
district but who are enrolled in the schools of the district under	26803
its open enrollment policy minus (b) the number of the district's	26804
native students who are enrolled in the schools of another	26805
district under the other district's open enrollment policy, both	26806
numbers as certified to the department under section 3313.981 of	26807
the Revised Code. If the difference is a negative number, the	26808
district's "open enrollment net gain" is zero.	26809

(7) "Open enrollment policy" means an interdistrict open	26810
enrollment policy adopted under section 3313.98 of the Revised	26811
Code.	26812

(B) Calculate for each district the three-year average of the	26813
adjusted valuations per pupil calculated for the district for the	26814
current and two preceding fiscal years;	26815

(C) Rank all such districts in order of adjusted valuation	26816
per pupil from the district with the lowest three-year average	26817
adjusted valuation per pupil to the district with the highest	26818
three-year average adjusted valuation per pupil;	26819

(D) Divide such ranking into percentiles with the first	26820
percentile containing the one per cent of school districts having	26821
the lowest three-year average adjusted valuations per pupil and	26822
the one-hundredth percentile containing the one per cent of school	26823
districts having the highest three-year average adjusted	26824
valuations per pupil;	26825

(E) Determine the school districts that have three-year	26826
average adjusted valuations per pupil that are greater than the	26827
median three-year average adjusted valuation per pupil for all	26828
school districts in the state;	26829

(F) On or before the first day of September, certify the	26830
information described in divisions (A) to (E) of this section to	26831
the Ohio school facilities commission.	26832

Notwithstanding anything in this section to the contrary, the	26833
department shall not rank any school district subject to division	26834
(F) of section 3318.36 of the Revised Code in a higher percentile	26835
than the percentile in which the district was ranked on the date	26836
the electors of the district approved a bond issue to pay the	26837
district's portion of the basic project cost. The percentile	26838
ranking resulting from this paragraph shall be used by the	26839
commission only to determine when the district is eligible for	26840
assistance under sections 3318.01 to 3318.20 of the Revised Code	26841
and shall not be used to calculate the district's portion of the	26842
basic project cost. For this purpose, the commission annually	26843
shall notify the department of all school districts that have	26844
become subject to division (F) of section 3318.36 of the Revised	26845
Code since the department completed its most recent school	26846
district rankings under this section.	26847

Sec. 3318.023. Notwithstanding anything to the contrary in	26848
section 3318.02 of the Revised Code, each fiscal year, at the time	26849
that the Ohio school facilities commission conditionally approves	26850
projects of school districts under ~~section~~sections 3318.01 to	26851
3318.20 of the Revised Code for which it plans to provide	26852
assistance under those sections for that fiscal year, the	26853
commission also shall identify the next ten school districts from	26854
lowest to highest in order of the ranking calculated for the	26855
previous fiscal year under ~~division (D) of~~ section 3318.011 of the	26856
Revised Code that have not yet been conditionally approved for	26857
assistance under ~~section~~sections 3318.01 to 3318.20 of the	26858
Revised Code. Those districts shall have priority in the order of	26859
such ranking with the lowest valuation having the highest priority	26860
for future assistance under those sections over all other school	26861
districts except for districts receiving assistance under division	26862
(B)(2) of section 3318.04, section 3318.37, or section 3318.38 of	26863
the Revised Code or districts that have priority under section	26864
3318.05 of the Revised Code.	26865

Sec. 3318.12. (A) The Ohio school facilities commission shall	26866
cause to be transferred to the school district's project	26867
construction fund the necessary amounts from amounts appropriated	26868
by the general assembly and set aside for such purpose, from time	26869
to time as may be necessary to pay obligations chargeable to such	26870
fund when due. All investment earnings of a school district's	26871
project construction fund shall be credited to the fund.	26872

(B)(1) The treasurer of the school district board shall	26873
disburse funds from the school district's project construction	26874
fund, including investment earnings credited to the fund, only	26875
upon the approval of the commission or the commission's designated	26876
representative. The commission or the commission's designated	26877
representative shall issue vouchers against such fund, in such	26878
amounts, and at such times as required by the contracts for	26879
construction of the project.	26880

(2) Notwithstanding anything to the contrary in division	26881
(B)(1) of this section, the school district board may, by a duly	26882
adopted resolution, choose to use all or part of the investment	26883
earnings of the district's project construction fund that are	26884
attributable to the district's contribution to the fund to pay the	26885
cost of classroom facilities or portions or components of	26886
classroom facilities that are not included in the district's basic	26887
project cost but that are related to the district's project. If	26888
the district board adopts a resolution in favor of using those	26889
investment earnings as authorized under division (B)(2) of this	26890
section, the treasurer shall disburse the amount as designated and	26891
directed by the board. However, if the district board chooses to	26892
use any part of the investment earnings for classroom facilities	26893
or portions or components of classroom facilities that are not	26894
included in the basic project cost, as authorized under division	26895
(B)(2) of this section, and, subsequently, the cost of the project	26896
exceeds the amount in the project construction fund, the district	26897
board shall restore to the project construction fund the full	26898
amount of the investment earnings used under division (B)(2) of	26899
this section before any additional state moneys shall be released	26900
for the project.	26901

26902

(1) ~~Any~~At the discretion of the school district board, any	26903
investment earnings remaining in the project construction fund	26904
that are attributable to the school district's contribution to the	26905
fund shall be ~~transferred~~:	26906

(a) Retained in the project construction fund for future	26907
projects;	26908

(b) Transferred to the district's maintenance fund required	26909
by division (B) of section 3318.05 or section 3318.43 of the	26910
Revised Code, and the money so transferred shall be used solely	26911
for maintaining the classroom facilities included in the project;	26912

26913

(2) Any investment earnings remaining in the project	26914
construction fund that are attributable to the state's	26915
contribution to the fund shall be transferred to the commission	26916
for expenditure pursuant to sections 3318.01 to 3318.20 or	26917
sections 3318.40 to 3318.45 of the Revised Code.	26918

(3) Any other surplus remaining in the school district's	26919
project construction fund after the project has been completed	26920
shall be transferred to the commission and the school district	26921
board in proportion to their respective contributions to the fund.	26922
The commission shall use the money transferred to it under this	26923
division for expenditure pursuant to sections 3318.01 to 3318.20	26924
or sections 3318.40 to 3318.45 of the Revised Code.	26925

(D) Pursuant to appropriations of the general assembly, any	26926
moneys transferred to the commission under division (C)(2) or (3)	26927
of this section from a project construction fund for a project	26928
under sections 3318.40 to 3318.45 of the Revised Code may be used	26929
for future expenditures for projects under sections 3318.40 to	26930
3318.45 of the Revised Code, notwithstanding the two per cent	26931
annual limit specified in division (B) of section 3318.40 of the	26932
Revised Code.	26933

Sec. 3318.15. There is hereby created the public school	26934
building fund within the state treasury consisting of any moneys	26935
transferred or appropriated to the fund by the general assembly,	26936
moneys paid into or transferred in accordance with section 3318.47	26937
of the Revised Code, and any grants, gifts, or contributions	26938
received by the Ohio school facilities commission to be used for	26939
the purposes of the fund. All investment earnings of the fund	26940
shall be credited to the fund.	26941

Moneys transferred or appropriated to the fund by the general	26942
assembly and moneys in the fund from grants, gifts, and	26943
contributions shall be used for the purposes of Chapter 3318. of	26944
the Revised Code as prescribed by the general assembly.	26945

Sec. 3318.26. (A) The provisions of this section apply only	26946
to obligations issued by the issuing authority prior to December	26947
1, 1999.	26948

(B) Subject to the limitations provided in section 3318.29 of	26949
the Revised Code, the issuing authority, upon the certification by	26950
the Ohio school facilities commission to the issuing authority of	26951
the amount of moneys or additional moneys needed in the school	26952
building program assistance fund for the purposes of sections	26953
3318.01 to 3318.20 and sections 3318.40 to 3318.45 of the Revised	26954
Code, or needed for capitalized interest, for funding reserves,	26955
and for paying costs and expenses incurred in connection with the	26956
issuance, carrying, securing, paying, redeeming, or retirement of	26957
the obligations or any obligations refunded thereby, including	26958
payment of costs and expenses relating to letters of credit, lines	26959
of credit, insurance, put agreements, standby purchase agreements,	26960
indexing, marketing, remarketing and administrative arrangements,	26961
interest swap or hedging agreements, and any other credit	26962
enhancement, liquidity, remarketing, renewal, or refunding	26963
arrangements, all of which are authorized by this section, shall	26964
issue obligations of the state under this section in the required	26965
amount. The proceeds of such obligations, except for obligations	26966
issued to provide moneys for the school building program	26967
assistance fund shall be deposited by the treasurer of state in	26968
special funds, including reserve funds, as provided in the bond	26969
proceedings. The issuing authority may appoint trustees, paying	26970
agents, and transfer agents and may retain the services of	26971
financial advisors and accounting experts and retain or contract	26972
for the services of marketing, remarketing, indexing, and	26973
administrative agents, other consultants, and independent	26974
contractors, including printing services, as are necessary in the	26975
issuing authority's judgment to carry out this section. The costs	26976
of such services are payable from the school building program	26977
assistance fund or any special fund determined by the issuing	26978
authority.	26979

(C) The holders or owners of such obligations shall have no	26980
right to have moneys raised by taxation obligated or pledged, and	26981
moneys raised by taxation shall not be obligated or pledged, for	26982
the payment of bond service charges. Such holders or owners shall	26983
have no rights to payment of bond service charges from any money	26984
or property received by the commission, treasurer of state, or the	26985
state, or from any other use of the proceeds of the sale of the	26986
obligations, and no such moneys may be used for the payment of	26987
bond service charges, except for accrued interest, capitalized	26988
interest, and reserves funded from proceeds received upon the sale	26989
of the obligations and except as otherwise expressly provided in	26990
the applicable bond proceedings pursuant to written directions by	26991
the treasurer of state. The right of such holders and owners to	26992
payment of bond service charges shall be limited to all or that	26993
portion of the pledged receipts and those special funds pledged	26994
thereto pursuant to the bond proceedings in accordance with this	26995
section, and each such obligation shall bear on its face a	26996
statement to that effect.	26997

(D) Obligations shall be authorized by resolution or order of	26998
the issuing authority and the bond proceedings shall provide for	26999
the purpose thereof and the principal amount or amounts, and shall	27000
provide for or authorize the manner or agency for determining the	27001
principal maturity or maturities, not exceeding the limits	27002
specified in section 3318.29 of the Revised Code, the interest	27003
rate or rates or the maximum interest rate, the date of the	27004
obligations and the dates of payment of interest thereon, their	27005
denomination, and the establishment within or without the state of	27006
a place or places of payment of bond service charges. Sections	27007
9.98 to 9.983 of the Revised Code are applicable to obligations	27008
issued under this section, subject to any applicable limitation	27009
under section 3318.29 of the Revised Code. The purpose of such	27010
obligations may be stated in the bond proceedings in terms	27011
describing the general purpose or purposes to be served. The bond	27012
proceedings shall also provide, subject to the provisions of any	27013
other applicable bond proceedings, for the pledge of all, or such	27014
part as the issuing authority may determine, of the pledged	27015
receipts and the applicable special fund or funds to the payment	27016
of bond service charges, which pledges may be made either prior or	27017
subordinate to other expenses, claims, or payments, and may be	27018
made to secure the obligations on a parity with obligations	27019
theretofore or thereafter issued, if and to the extent provided in	27020
the bond proceedings. The pledged receipts and special funds so	27021
pledged and thereafter received by the state are immediately	27022
subject to the lien of such pledge without any physical delivery	27023
thereof or further act, and the lien of any such pledges is valid	27024
and binding against all parties having claims of any kind against	27025
the state or any governmental agency of the state, irrespective of	27026
whether such parties have notice thereof, and shall create a	27027
perfected security interest for all purposes of Chapter 1309. of	27028
the Revised Code, without the necessity for separation or delivery	27029
of funds or for the filing or recording of the bond proceedings by	27030
which such pledge is created or any certificate, statement or	27031
other document with respect thereto; and the pledge of such	27032
pledged receipts and special funds is effective and the money	27033
therefrom and thereof may be applied to the purposes for which	27034
pledged without necessity for any act of appropriation, except as	27035
required by section 3770.06 of the Revised Code. Every pledge, and	27036
every covenant and agreement made with respect thereto, made in	27037
the bond proceedings may therein be extended to the benefit of the	27038
owners and holders of obligations authorized by this section, and	27039
to any trustee therefor, for the further security of the payment	27040
of the bond service charges.	27041

(E) The bond proceedings may contain additional provisions as	27042
to:	27043

(1) The redemption of obligations prior to maturity at the	27044
option of the issuing authority at such price or prices and under	27045
such terms and conditions as are provided in the bond proceedings;	27046

(2) Other terms of the obligations;

27047

(3) Limitations on the issuance of additional obligations;

27048

(4) The terms of any trust agreement or indenture securing	27049
the obligations or under which the same may be issued;	27050

(5) The deposit, investment and application of special funds,	27051
and the safeguarding of moneys on hand or on deposit, without	27052
regard to Chapter 131., 133., or 135. of the Revised Code, but	27053
subject to any special provisions of sections 3318.21 to 3318.29	27054
of the Revised Code, with respect to particular funds or moneys,	27055
provided that any bank or trust company that acts as depository of	27056
any moneys in the special funds may furnish such indemnifying	27057
bonds or may pledge such securities as required by the issuing	27058
authority;	27059

(6) Any or every provision of the bond proceedings being	27060
binding upon such officer, board, commission, authority, agency,	27061
department, or other person or body as may from time to time have	27062
the authority under law to take such actions as may be necessary	27063
to perform all or any part of the duty required by such provision;	27064

(7) Any provision that may be made in a trust agreement or	27065
indenture;	27066

(8) The lease or sublease of any interest of the school	27067
district or the state in one or more projects as defined in	27068
division (C) of section 3318.01 of the Revised Code, or in one or	27069
more permanent improvements, to or from the issuing authority, as	27070
provided in one or more lease or sublease agreements between the	27071
school or the state and the issuing authority;	27072

(9) Any other or additional agreements with the holders of	27073
the obligations, or the trustee therefor, relating to the	27074
obligations or the security therefor.	27075

(F) The obligations may have the great seal of the state or a	27076
facsimile thereof affixed thereto or printed thereon. The	27077
obligations and any coupons pertaining to obligations shall be	27078
signed or bear the facsimile signature of the issuing authority.	27079
Any obligations or coupons may be executed by the person who, on	27080
the date of execution, is the proper issuing authority although on	27081
the date of such bonds or coupons such person was not the issuing	27082
authority. In case the issuing authority whose signature or a	27083
facsimile of whose signature appears on any such obligation or	27084
coupon ceases to be the issuing authority before delivery thereof,	27085
such signature or facsimile is nevertheless valid and sufficient	27086
for all purposes as if the issuing authority had remained the	27087
issuing authority until such delivery; and in case the seal to be	27088
affixed to obligations has been changed after a facsimile of the	27089
seal has been imprinted on such obligations, such facsimile seal	27090
shall continue to be sufficient as to such obligations and	27091
obligations issued in substitution or exchange therefor.	27092

(G) All obligations are negotiable instruments and securities	27093
under Chapter 1308. of the Revised Code, subject to the provisions	27094
of the bond proceedings as to registration. The obligations may be	27095
issued in coupon or in registered form, or both, as the issuing	27096
authority determines. Provision may be made for the registration	27097
of any obligations with coupons attached thereto as to principal	27098
alone or as to both principal and interest, their exchange for	27099
obligations so registered, and for the conversion or reconversion	27100
into obligations with coupons attached thereto of any obligations	27101
registered as to both principal and interest, and for reasonable	27102
charges for such registration, exchange, conversion, and	27103
reconversion.	27104

(H) Obligations may be sold at public sale or at private	27105
sale, as determined in the bond proceedings.	27106

(I) Pending preparation of definitive obligations, the	27107
issuing authority may issue interim receipts or certificates which	27108
shall be exchanged for such definitive obligations.	27109

(J) In the discretion of the issuing authority, obligations	27110
may be secured additionally by a trust agreement or indenture	27111
between the issuing authority and a corporate trustee which may be	27112
any trust company or bank having ~~its principal~~a place of business	27113
within the state. Any such agreement or indenture may contain the	27114
resolution or order authorizing the issuance of the obligations,	27115
any provisions that may be contained in any bond proceedings, and	27116
other provisions that are customary or appropriate in an agreement	27117
or indenture of such type, including, but not limited to:	27118

(1) Maintenance of each pledge, trust agreement, indenture,	27119
or other instrument comprising part of the bond proceedings until	27120
the state has fully paid the bond service charges on the	27121
obligations secured thereby, or provision therefor has been made;	27122

(2) In the event of default in any payments required to be	27123
made by the bond proceedings, or any other agreement of the	27124
issuing authority made as a part of the contract under which the	27125
obligations were issued, enforcement of such payments or agreement	27126
by mandamus, the appointment of a receiver, suit in equity, action	27127
at law, or any combination of the foregoing;	27128

(3) The rights and remedies of the holders of obligations and	27129
of the trustee, and provisions for protecting and enforcing them,	27130
including limitations on rights of individual holders of	27131
obligations;	27132

(4) The replacement of any obligations that become mutilated	27133
or are destroyed, lost, or stolen;	27134

(5) Such other provisions as the trustee and the issuing	27135
authority agree upon, including limitations, conditions, or	27136
qualifications relating to any of the foregoing.	27137

(K) Any holder of obligations or a trustee under the bond	27138
proceedings, except to the extent that the holder's or trustee's	27139
rights are restricted by the bond proceedings, may by any suitable	27140
form of legal proceedings, protect and enforce any rights under	27141
the laws of this state or granted by such bond proceedings. Such	27142
rights include the right to compel the performance of all duties	27143
of the issuing authority, the commission, or the director of	27144
budget and management required by sections 3318.21 to 3318.29 of	27145
the Revised Code or the bond proceedings; to enjoin unlawful	27146
activities; and in the event of default with respect to the	27147
payment of any bond service charges on any obligations or in the	27148
performance of any covenant or agreement on the part of the	27149
issuing authority, the commission, or the director of budget and	27150
management in the bond proceedings, to apply to a court having	27151
jurisdiction of the cause to appoint a receiver to receive and	27152
administer the pledged receipts and special funds, other than	27153
those in the custody of the treasurer of state or the commission,	27154
which are pledged to the payment of the bond service charges on	27155
such obligations or which are the subject of the covenant or	27156
agreement, with full power to pay, and to provide for payment of	27157
bond service charges on, such obligations, and with such powers,	27158
subject to the direction of the court, as are accorded receivers	27159
in general equity cases, excluding any power to pledge additional	27160
revenues or receipts or other income or moneys of the issuing	27161
authority or the state or governmental agencies of the state to	27162
the payment of such principal and interest and excluding the power	27163
to take possession of, mortgage, or cause the sale or otherwise	27164
dispose of any permanent improvement.	27165

Each duty of the issuing authority and the issuing	27166
authority's officers and employees, and of each governmental	27167
agency and its officers, members, or employees, undertaken	27168
pursuant to the bond proceedings or any agreement or loan made	27169
under authority of sections 3318.21 to 3318.29 of the Revised	27170
Code, and in every agreement by or with the issuing authority, is	27171
hereby established as a duty of the issuing authority, and of each	27172
such officer, member, or employee having authority to perform such	27173
duty, specifically enjoined by the law resulting from an office,	27174
trust, or station within the meaning of section 2731.01 of the	27175
Revised Code.	27176

The person who is at the time the issuing authority, or the	27177
issuing authority's officers or employees, are not liable in their	27178
personal capacities on any obligations issued by the issuing	27179
authority or any agreements of or with the issuing authority.	27180

(L) Obligations issued under this section are lawful	27181
investments for banks, societies for savings, savings and loan	27182
associations, deposit guarantee associations, trust companies,	27183
trustees, fiduciaries, insurance companies, including domestic for	27184
life and domestic not for life, trustees or other officers having	27185
charge of sinking and bond retirement or other special funds of	27186
political subdivisions and taxing districts of this state, the	27187
commissioners of the sinking fund of the state, the administrator	27188
of workers' compensation, the state teachers retirement system,	27189
the public employees retirement system, the school employees	27190
retirement system, and the Ohio police and fire pension fund,	27191
notwithstanding any other provisions of the Revised Code or rules	27192
adopted pursuant thereto by any governmental agency of the state	27193
with respect to investments by them, and also are acceptable as	27194
security for the deposit of public moneys.	27195

(M) Unless otherwise provided in any applicable bond	27196
proceedings, moneys to the credit of or in the special funds	27197
established by or pursuant to this section may be invested by or	27198
on behalf of the issuing authority only in notes, bonds, or other	27199
obligations of the United States, or of any agency or	27200
instrumentality of the United States, obligations guaranteed as to	27201
principal and interest by the United States, obligations of this	27202
state or any political subdivision of this state, and certificates	27203
of deposit of any national bank located in this state and any	27204
bank, as defined in section 1101.01 of the Revised Code, subject	27205
to inspection by the superintendent of financial institutions. If	27206
the law or the instrument creating a trust pursuant to division	27207
(J) of this section expressly permits investment in direct	27208
obligations of the United States or an agency of the United	27209
States, unless expressly prohibited by the instrument, such moneys	27210
also may be invested in no front end load money market mutual	27211
funds consisting exclusively of obligations of the United States	27212
or an agency of the United States and in repurchase agreements,	27213
including those issued by the fiduciary itself, secured by	27214
obligations of the United States or an agency of the United	27215
States; and in collective investment funds established in	27216
accordance with section 1111.14 of the Revised Code and consisting	27217
exclusively of any such securities, notwithstanding division	27218
(B)(1)(c) of that section. The income from such investments shall	27219
be credited to such funds as the issuing authority determines, and	27220
such investments may be sold at such times as the issuing	27221
authority determines or authorizes.	27222

(N) Provision may be made in the applicable bond proceedings	27223
for the establishment of separate accounts in the bond service	27224
fund and for the application of such accounts only to the	27225
specified bond service charges on obligations pertinent to such	27226
accounts and bond service fund and for other accounts therein	27227
within the general purposes of such fund. Unless otherwise	27228
provided in any applicable bond proceedings, moneys to the credit	27229
of or in the several special funds established pursuant to this	27230
section shall be disbursed on the order of the treasurer of state,	27231
provided that no such order is required for the payment from the	27232
bond service fund when due of bond service charges on obligations.	27233

(O) The issuing authority may pledge all, or such portion as	27234
the issuing authority determines, of the pledged receipts to the	27235
payment of bond service charges on obligations issued under this	27236
section, and for the establishment and maintenance of any	27237
reserves, as provided in the bond proceedings, and make other	27238
provisions therein with respect to pledged receipts as authorized	27239
by this chapter, which provisions shall be controlling	27240
notwithstanding any other provisions of law pertaining thereto.	27241

(P) The issuing authority may covenant in the bond	27242
proceedings, and any such covenants shall be controlling	27243
notwithstanding any other provision of law, that the state and	27244
applicable officers and governmental agencies of the state,	27245
including the general assembly, so long as any obligations are	27246
outstanding, shall:	27247

(1) Maintain statutory authority for and cause to be operated	27248
the state lottery, including the transfers to and from the lottery	27249
profits education fund created in section 3770.06 of the Revised	27250
Code so that the pledged receipts shall be sufficient in amount to	27251
meet bond service charges, and the establishment and maintenance	27252
of any reserves and other requirements provided for in the bond	27253
proceedings;	27254

(2) Take or permit no action, by statute or otherwise, that	27255
would impair the exclusion from gross income for federal income	27256
tax purposes of the interest on any obligations designated by the	27257
bond proceeding as tax-exempt obligations.	27258

(Q) There is hereby created the school building program bond	27259
service fund, which shall be in the custody of the treasurer of	27260
state but shall be separate and apart from and not a part of the	27261
state treasury. All moneys received by or on account of the	27262
issuing authority or state agencies and required by the applicable	27263
bond proceedings, consistent with this section, to be deposited,	27264
transferred, or credited to the school building program bond	27265
service fund, and all other moneys transferred or allocated to or	27266
received for the purposes of the fund, shall be deposited and	27267
credited to such fund and to any separate accounts therein,	27268
subject to applicable provisions of the bond proceedings, but	27269
without necessity for any act of appropriation, except as required	27270
by section 3770.06 of the Revised Code. During the period	27271
beginning with the date of the first issuance of obligations and	27272
continuing during such time as any such obligations are	27273
outstanding, and so long as moneys in the school building program	27274
bond service fund are insufficient to pay all bond service charges	27275
on such obligations becoming due in each year, a sufficient amount	27276
of the moneys from the lottery profits education fund included in	27277
pledged receipts, subject to appropriation for such purpose as	27278
provided in section 3770.06 of the Revised Code, are committed and	27279
shall be paid to the school building program bond service fund in	27280
each year for the purpose of paying the bond service charges	27281
becoming due in that year. The school building program bond	27282
service fund is a trust fund and is hereby pledged to the payment	27283
of bond service charges solely on obligations issued to provide	27284
moneys for the school building program assistance fund to the	27285
extent provided in the applicable bond proceedings, and payment	27286
thereof from such fund shall be made or provided for by the	27287
treasurer of state in accordance with such bond proceedings	27288
without necessity for any act of appropriation except as required	27289
by section 3770.06 of the Revised Code.	27290

(R) The obligations, the transfer thereof, and the income	27291
therefrom, including any profit made on the sale thereof, at all	27292
times shall be free from taxation within the state.	27293

Sec. 3318.36. (A)(1) As used in this section:

27294

(a) "Ohio school facilities commission," "classroom	27295
facilities," "school district," "school district board," "net	27296
bonded indebtedness," "required percentage of the basic project	27297
costs," "basic project cost," "valuation," and "percentile" have	27298
the same meanings as in section 3318.01 of the Revised Code.	27299

(b) "Required level of indebtedness" means five per cent of	27300
the school district's valuation for the year preceding the year in	27301
which the commission and school district enter into an agreement	27302
under division (B) of this section, plus [two one-hundredths of	27303
one per cent multiplied by (the percentile in which the district	27304
ranks minus one)].	27305

(c) "Local resources" means any moneys generated in any	27306
manner permitted for a school district board to raise the school	27307
district portion of a project undertaken with assistance under	27308
sections 3318.01 to 3318.20 of the Revised Code.	27309

(2) For purposes of determining either the required level of	27310
indebtedness, as defined in division (A)(1)(b) of this section, or	27311
the required percentage of the basic project costs, under division	27312
(C)(1) of this section, the percentile ranking of a school	27313
district with which the commission has entered into an agreement	27314
under this section between the first day of July and the	27315
thirty-first day of August in each fiscal year is the percentile	27316
ranking calculated for that district for the immediately preceding	27317
fiscal year, and the percentile ranking of a school district with	27318
which the commission has entered into such agreement between the	27319
first day of September and the thirtieth day of June in each	27320
fiscal year is the percentile ranking calculated for that district	27321
for the current fiscal year.	27322

(B)(1) There is hereby established the school building	27323
assistance expedited local partnership program. Under the program,	27324
the Ohio school facilities commission may enter into an agreement	27325
with the school district board of any school district under which	27326
the school district board may proceed with the new construction or	27327
major repairs of a part of the school district's classroom	27328
facilities needs, as determined under sections 3318.01 to 3318.20	27329
of the Revised Code, through the expenditure of local resources	27330
prior to the school district's eligibility for state assistance	27331
under sections 3318.01 to 3318.20 of the Revised Code and may	27332
apply that expenditure toward meeting the school district's	27333
portion of the basic project cost of the total of the school	27334
district's classroom facilities needs, as determined under	27335
sections 3318.01 to 3318.20 of the Revised Code and as	27336
recalculated under division (E) of this section, that are eligible	27337
for state assistance under sections 3318.01 to 3318.20 of the	27338
Revised Code when the school district becomes eligible for such	27339
state assistance. Any school district that is reasonably expected	27340
to receive assistance under sections 3318.01 to 3318.20 of the	27341
Revised Code within two fiscal years from the date the school	27342
district adopts its resolution under division (B) of this section	27343
shall not be eligible to participate in the program.	27344

(2) To participate in the program, a school district board	27345
shall first adopt a resolution certifying to the commission the	27346
board's intent to participate in the program.	27347

The resolution shall specify the approximate date that the	27348
board intends to seek elector approval of any bond or tax measures	27349
or to apply other local resources to use to pay the cost of	27350
classroom facilities to be constructed under this section. The	27351
resolution may specify the application of local resources or	27352
elector-approved bond or tax measures after the resolution is	27353
adopted by the board, and in such case the board may proceed with	27354
a discrete portion of its project under this section as soon as	27355
the commission and the controlling board have approved the basic	27356
project cost of the district's classroom facilities needs as	27357
specified in division (D) of this section. The board shall submit	27358
its resolution to the commission not later than ten days after the	27359
date the resolution is adopted by the board.	27360

The commission shall not consider any resolution that is	27361
submitted pursuant to division (B)(2) of this section, as amended	27362
by this amendment, sooner than September 14, 2000.	27363

(3) Any project under this section shall comply with section	27364
3318.03 of the Revised Code and with any specifications for plans	27365
and materials for classroom facilities adopted by the commission	27366
under section 3318.04 of the Revised Code.	27367

(4) If a school district that enters into an agreement under	27368
this section has not begun a project applying local resources as	27369
provided for under that agreement at the time the district is	27370
notified by the commission that it is eligible to receive state	27371
assistance under sections 3318.01 to 3318.20 of the Revised Code,	27372
all assessment and agreement documents entered into under this	27373
section are void.	27374

(5) Only construction of or repairs to classroom facilities	27375
that have been approved by the commission and have been therefore	27376
included as part of a district's basic project cost qualify for	27377
application of local resources under this section.	27378

(C) Based on the results of the on-site visits and assessment	27379
conducted under division (B)(2) of this section, the commission	27380
shall determine the basic project cost of the school district's	27381
classroom facilities needs. The commission shall determine the	27382
school district's portion of such basic project cost, which shall	27383
be the greater of:	27384

(1) The required percentage of the basic project costs,	27385
determined based on the school district's percentile ranking;	27386

(2) An amount necessary to raise the school district's net	27387
bonded indebtedness, as of the fiscal year the commission and the	27388
school district enter into the agreement under division (B) of	27389
this section, to within five thousand dollars of the required	27390
level of indebtedness.	27391

(D)(1) When the commission determines the basic project cost	27392
of the classroom facilities needs of a school district and the	27393
school district's portion of that basic project cost under	27394
division (C) of this section, the project shall be conditionally	27395
approved. Such conditional approval shall be submitted to the	27396
controlling board for approval thereof. The controlling board	27397
shall forthwith approve or reject the commission's determination,	27398
conditional approval, and the amount of the state's portion of the	27399
basic project cost; however, no state funds shall be encumbered	27400
under this section. Upon approval by the controlling board, the	27401
school district board may identify a discrete part of its	27402
classroom facilities needs, which shall include only new	27403
construction of or additions or major repairs to a particular	27404
building, to address with local resources. Upon identifying a part	27405
of the school district's basic project cost to address with local	27406
resources, the school district board may allocate any available	27407
school district moneys to pay the cost of that identified part,	27408
including the proceeds of an issuance of bonds if approved by the	27409
electors of the school district.	27410

All local resources utilized under this division shall first	27411
be deposited in the project construction account required under	27412
section 3318.08 of the Revised Code.	27413

(2) Unless the school district board exercises its option	27414
under division (D)(3) of this section, for a school district to	27415
qualify for participation in the program authorized under this	27416
section, one of the following conditions shall be satisfied:	27417

(a) The electors of the school district by a majority vote	27418
shall approve the levy of taxes outside the ten-mill limitation	27419
for a period of twenty-three years at the rate of not less than	27420
one-half mill for each dollar of valuation to be used to pay the	27421
cost of maintaining the classroom facilities included in the basic	27422
project cost as determined by the commission. The form of the	27423
ballot to be used to submit the question whether to approve the	27424
tax required under this division to the electors of the school	27425
district shall be the form for an additional levy of taxes	27426
prescribed in section 3318.361 of the Revised Code, which may be	27427
combined in a single ballot question with the questions prescribed	27428
under section 5705.218 of the Revised Code.	27429

(b) As authorized under division (C) of section 3318.05 of	27430
the Revised Code, the school district board shall earmark from the	27431
proceeds of a permanent improvement tax levied under section	27432
5705.21 of the Revised Code, an amount equivalent to the	27433
additional tax otherwise required under division (D)(2)(a) of this	27434
section for the maintenance of the classroom facilities included	27435
in the basic project cost as determined by the commission.	27436

(c) As authorized under section 3318.051 of the Revised Code,	27437
the school district board shall, if approved by the commission,	27438
annually transfer into the maintenance fund required under section	27439
3318.05 of the Revised Code the amount prescribed in section	27440
3318.051 of the Revised Code in lieu of the tax otherwise required	27441
under division (D)(2)(a) of this section for the maintenance of	27442
the classroom facilities included in the basic project cost as	27443
determined by the commission.	27444

(d) If the school district board has rescinded the agreement	27445
to make transfers under section 3318.051 of the Revised Code, as	27446
provided under division (F) of that section, the electors of the	27447
school district, in accordance with section 3318.063 of the	27448
Revised Code, first shall approve the levy of taxes outside the	27449
ten-mill limitation for the period specified in that section at a	27450
rate of not less than one-half mill for each dollar of valuation.	27451

(e) The school district board shall apply the proceeds of a	27452
tax to leverage bonds as authorized under section 3318.052 of the	27453
Revised Code or dedicate a local donated contribution in the	27454
manner described in division (B) of section 3318.084 of the	27455
Revised Code in an amount equivalent to the additional tax	27456
otherwise required under division (D)(2)(a) of this section for	27457
the maintenance of the classroom facilities included in the basic	27458
project cost as determined by the commission.	27459

(3) A school district board may opt to delay taking any of	27460
the actions described in division (D)(2) of this section until	27461
such time as the school district becomes eligible for state	27462
assistance under sections 3318.01 to 3318.20 of the Revised Code.	27463
In order to exercise this option, the board shall certify to the	27464
commission a resolution indicating the board's intent to do so	27465
prior to entering into an agreement under division (B) of this	27466
section.	27467

(4) If pursuant to division (D)(3) of this section a district	27468
board opts to delay levying an additional tax until the district	27469
becomes eligible for state assistance, it shall submit the	27470
question of levying that tax to the district electors as follows:	27471

(a) In accordance with section 3318.06 of the Revised Code if	27472
it will also be necessary pursuant to division (E) of this section	27473
to submit a proposal for approval of a bond issue;	27474

(b) In accordance with section 3318.361 of the Revised Code	27475
if it is not necessary to also submit a proposal for approval of a	27476
bond issue pursuant to division (E) of this section.	27477

(5) No state assistance under sections 3318.01 to 3318.20 of	27478
the Revised Code shall be released until a school district board	27479
that adopts and certifies a resolution under division (D) of this	27480
section also demonstrates to the satisfaction of the commission	27481
compliance with the provisions of division (D)(2) of this section.	27482

Any amount required for maintenance under division (D)(2) of	27483
this section shall be deposited into a separate fund as specified	27484
in division (B) of section 3318.05 of the Revised Code.	27485

(E)(1) If the school district becomes eligible for state	27486
assistance under sections 3318.01 to 3318.20 of the Revised Code	27487
based on its percentile ranking as determined under division (B)	27488
of this section, the commission shall conduct a new assessment of	27489
the school district's classroom facilities needs and shall	27490
recalculate the basic project cost based on this new assessment.	27491
The basic project cost recalculated under this division shall	27492
include the amount of expenditures made by the school district	27493
board under division (D)(1) of this section. The commission shall	27494
then recalculate the school district's portion of the new basic	27495
project cost, which shall be the percentage of the original basic	27496
project cost assigned to the school district as its portion under	27497
division (C) of this section. The commission shall deduct the	27498
expenditure of school district moneys made under division (D)(1)	27499
of this section from the school district's portion of the basic	27500
project cost as recalculated under this division. If the amount of	27501
school district resources applied by the school district board to	27502
the school district's portion of the basic project cost under this	27503
section is less than the total amount of such portion as	27504
recalculated under this division, the school district board by a	27505
majority vote of all of its members shall, if it desires to seek	27506
state assistance under sections 3318.01 to 3318.20 of the Revised	27507
Code, adopt a resolution as specified in section 3318.06 of the	27508
Revised Code to submit to the electors of the school district the	27509
question of approval of a bond issue in order to pay any	27510
additional amount of school district portion required for state	27511
assistance. Any tax levy approved under division (D) of this	27512
section satisfies the requirements to levy the additional tax	27513
under section 3318.06 of the Revised Code.	27514

(2) If the amount of school district resources applied by the	27515
school district board to the school district's portion of the	27516
basic project cost under this section is more than the total	27517
amount of such portion as recalculated under this division, within	27518
one year after the school district's portion is recalculated under	27519
division (E)(1) of this section the commission may grant to the	27520
school district the difference between the two calculated	27521
portions, but at no time shall the commission expend any state	27522
funds on a project in an amount greater than the state's portion	27523
of the basic project cost as recalculated under this division.	27524

Any reimbursement under this division shall be only for local	27525
resources the school district has applied toward construction cost	27526
expenditures for the classroom facilities approved by the	27527
commission, which shall not include any financing costs associated	27528
with that construction.	27529

The school district board shall use any moneys reimbursed to	27530
the district under this division to pay off any debt service the	27531
district owes for classroom facilities constructed under its	27532
project under this section before such moneys are applied to any	27533
other purpose. However, the district board first may deposit	27534
moneys reimbursed under this division into the district's general	27535
fund or a permanent improvement fund to replace local resources	27536
the district withdrew from those funds, as long as, and to the	27537
extent that, those local resources were used by the district for	27538
constructing classroom facilities included in the district's basic	27539
project cost.	27540

(F) If a school district has entered into an agreement with	27541
the commission under this section and the electors of the district	27542
have approved a bond issue to pay the district's portion of the	27543
basic project cost, the district shall not be ranked in a higher	27544
percentile under section 3318.011 of the Revised Code than the	27545
percentile in which the district was ranked on the date that the	27546
bond issue was approved, regardless of the district's three-year	27547
average adjusted valuation per pupil calculated under that section	27548
for any subsequent fiscal year.	27549

Sec. 3318.47. (A) On the effective date of this section, the	27550
director of budget and management shall transfer any amount on	27551
hand in the fund established under former section 3318.47 of the	27552
Revised Code, as that section existed prior to the effective date	27553
of this section, into the fund established under section 3318.15	27554
of the Revised Code.	27555

(B) On or after the effective date of this section, any	27556
amounts received from school districts in repayment of loans made	27557
under former sections 3318.47 to 3318.49, as those sections	27558
existed prior to the effective date of this section, shall be	27559
deposited into the fund established under section 3318.15 of the	27560
Revised Code.	27561

Sec. 3319.55. (A) A grant program is hereby established to	27562
recognize and reward teachers in public and chartered nonpublic	27563
schools who hold valid teaching certificates or licenses issued by	27564
the national board for professional teaching standards. The	27565
superintendent of public instruction shall administer this program	27566
in accordance with this section and rules which the state board of	27567
education shall adopt in accordance with Chapter 119. of the	27568
Revised Code.	27569

In each fiscal year that the general assembly appropriates	27570
funds for purposes of this section, the superintendent of public	27571
instruction shall award a grant to each person who, by the first	27572
day of April of that year and in accordance with the rules adopted	27573
under this section, submits to the superintendent evidence	27574
indicating ~~all~~both of the following:	27575

(1) The person holds a valid certificate or license issued by	27576
the national board for professional teaching standards;	27577

(2) The person has been employed full-time as a teacher by	27578
the board of education of a school district or by a chartered	27579
nonpublic school in this state during the current school year;	27580

~~(3) The date the person was accepted into the national board~~	27581
~~certification or licensure program~~.	27582

An individual may receive a grant under this section in each	27583
fiscal year the person is eligible for a grant and submits	27584
evidence of that eligibility in accordance with this section. No	27585
person may receive a grant after the expiration of the person's	27586
initial certification or license issued by the national board.	27587

(B) The amount of the grant awarded to each eligible person	27588
under division (A) of this section in any fiscal year shall equal	27589
~~the following:~~	27590

~~(1) Two~~two thousand five hundred dollars ~~for any teacher~~	27591
~~accepted as a candidate for certification or licensure by the~~	27592
~~national board on or before May 31, 2003, and issued a certificate~~	27593
~~or license by the national board on or before December 31, 2004;~~	27594

~~(2) One thousand dollars for any other teacher issued a~~	27595
~~certificate or license by the national board.~~	27596

~~However~~. However, if the funds appropriated for purposes of	27597
this section in any fiscal year are not sufficient to award the	27598
full grant amount to each person who is eligible in that fiscal	27599
year, the superintendent shall prorate the amount of the grant	27600
awarded in that fiscal year to each eligible person.	27601

Sec. 3321.03. ~~Except~~As used in this section and section	27602
3321.04 of the Revised Code, "special education program" means a	27603
school or the educational agency that provides special education	27604
and related services to children with disabilities in accordance	27605
with Chapter 3323. of the Revised Code.	27606

Except as provided in this section, the parent of a child of	27607
compulsory school age shall cause such child to attend a school in	27608
the school district in which the child is entitled to attend	27609
school under division (B) or (F) of section 3313.64 or section	27610
3313.65 of the Revised Code, to participate in a special education	27611
program under Chapter 3323. of the Revised Code, or to otherwise	27612
cause ~~him~~the child to be instructed in accordance with law. Every	27613
child of compulsory school age shall attend a school or	27614
participate in a special education program that conforms to the	27615
minimum standards prescribed by the state board of education until	27616
the child:	27617

(A) Receives a diploma granted by the board of education or	27618
other governing authority, successfully completes the curriculum	27619
of any high school, or successfully completes the individualized	27620
education program developed for the student by any high school	27621
pursuant to ~~section 3323.08~~Chapter 3323. of the Revised Code;	27622

(B) Receives an age and schooling certificate as provided in	27623
section 3331.01 of the Revised Code; or	27624

(C) Is excused from school under standards adopted by the	27625
state board of education pursuant to section 3321.04 of the	27626
Revised Code, or if in need of special education, hethe child is	27627
excused from such programs pursuant to section 3321.04 of the	27628
Revised Code.	27629

Sec. 3323.01. As used in this chapter:

27630

(A) "Child with a disability" means a child who is at least	27631
three years of age and less than twenty-two years of age; who has	27632
mental retardation, a hearing impairment (including deafness), a	27633
speech or language impairment, a visual impairment (including	27634
blindness), a serious emotional disturbance, an orthopedic	27635
impairment, autism, traumatic brain injury, an other health	27636
impairment, a specific learning disability, deaf-blindness, or	27637
multiple disabilities; and who, by reason thereof, needs special	27638
education and related services.	27639

A "child with a disability" may include a child who is at	27640
least three years of age and less than six years of age; who is	27641
experiencing developmental delays, as defined by standards adopted	27642
by the state board of education and as measured by appropriate	27643
diagnostic instruments and procedures in one or more of the	27644
following areas: physical development, cognitive development,	27645
communication development, social or emotional development, or	27646
adaptive development; and who, by reason thereof, needs special	27647
education and related services.	27648

(B) "County MR/DD board" means a county board of mental	27649
retardation and developmental disabilities.	27650

(C) "Free appropriate public education" means special	27651
education and related services that meet all of the following:	27652

(1) Are provided at public expense, under public supervision	27653
and direction, and without charge;	27654

(2) Meet the standards of the state board of education;

27655

(3) Include an appropriate preschool, elementary, or	27656
secondary education as otherwise provided by the law of this	27657
state;	27658

(4) Are provided for each child with a disability in	27659
conformity with the child's individualized education program.	27660

(D) "Homeless children" means "homeless children and youths"	27661
as defined in section 725 of the "McKinney-Vento Homeless	27662
Assistance Act," 42 U.S.C. 11434a.	27663

(E) "Individualized education program" or "IEP" means the	27664
written statement described in section 3323.011 of the Revised	27665
Code.	27666

(F) "Individualized education program team" or "IEP team"	27667
means a group of individuals composed of:	27668

(1) The parents of a child with a disability;

27669

(2) At least one regular education teacher of the child, if	27670
the child is or may be participating in the regular education	27671
environment;	27672

(3) At least one special education teacher, or where	27673
appropriate, at least one special education provider of the child;	27674

(4) A representative of the school district who meets all of	27675
the following:	27676

(a) Is qualified to provide, or supervise the provision of,	27677
specially designed instruction to meet the unique needs of	27678
children with disabilities;	27679

(b) Is knowledgeable about the general education curriculum;

27680

(c) Is knowledgeable about the availability of resources of	27681
the school district.	27682

(5) An individual who can interpret the instructional	27683
implications of evaluation results, who may be a member of the	27684
team as described in divisions (F)(2) to (4) of this section;	27685

(6) At the discretion of the parent or the school district,	27686
other individuals who have knowledge or special expertise	27687
regarding the child, including related services personnel as	27688
appropriate;	27689

(7) Whenever appropriate, the child with a disability.

27690

(G) "Instruction in braille reading and writing" means the	27691
teaching of the system of reading and writing through touch	27692
commonly known as standard English braille.	27693

(H) "Other educational agency" means a department, division,	27694
bureau, office, institution, board, commission, committee,	27695
authority, or other state or local agency, which is not a city,	27696
local, or exempted village school district or an agency	27697
administered by the department of mental retardation and	27698
developmental disabilities, that provides or seeks to provide	27699
special education or related services to children with	27700
disabilities. The term "other educational agency" includes a joint	27701
vocational school district.	27702

(I) "Parent" of a child with a disability, except as used in	27703
sections 3323.09 and 3323.141 of the Revised Code, means:	27704

(1) A natural or adoptive parent of a child but not a foster	27705
parent of a child;	27706

(2) A guardian, but not the state if the child is a ward of	27707
the state;	27708

(3) An individual acting in the place of a natural or	27709
adoptive parent, including a grandparent, stepparent, or other	27710
relative, with whom the child lives, or an individual who is	27711
legally responsible for the child's welfare;	27712

(4) An individual assigned to be a surrogate parent, provided	27713
the individual is not prohibited by this chapter from serving as a	27714
surrogate parent for a child.	27715

(J) "Preschool child with a disability" means a child with a	27716
disability who is at least three years of age but is not of	27717
compulsory school age, as defined under section 3321.01 of the	27718
Revised Code, and who is not currently enrolled in kindergarten.	27719

(K) "Related services" means transportation, and such	27720
developmental, corrective, and other supportive services	27721
(including speech-language pathology and audiology services,	27722
interpreting services, psychological services, physical and	27723
occupational therapy, recreation, including therapeutic	27724
recreation, school nurse services designed to enable a child with	27725
a disability to receive a free appropriate public education as	27726
described in the individualized education program of the child,	27727
counseling services, including rehabilitation counseling,	27728
orientation and mobility services, school health services, social	27729
work services in schools, and parent counseling and training, and	27730
medical services, except that such medical services shall be for	27731
diagnostic and evaluation purposes only) as may be required to	27732
assist a child with a disability to benefit from special	27733
education, and includes the early identification and assessment of	27734
disabling conditions in children. "Related services" does not	27735
include a medical device that is surgically implanted, or the	27736
replacement of such device.	27737

(L) "School district" means a city, local, or exempted	27738
village school district.	27739

(M) "School district of residence," as used in sections	27740
3323.09, 3323.091, 3323.13, and 3323.14 of the Revised Code,	27741
means:	27742

(1) The school district in which the child's natural or	27743
adoptive parents reside;	27744

(2) If the school district specified in division (M)(1) of	27745
this section cannot be determined, the last school district in	27746
which the child's natural or adoptive parents are known to have	27747
resided if the parents' whereabouts are unknown;	27748

(3) If the school district specified in division (M)(2) of	27749
this section cannot be determined, the school district determined	27750
under section 2151.362 of the Revised Code, or if no district has	27751
been so determined, the school district as determined by the	27752
probate court of the county in which the child resides.	27753

(4) Notwithstanding divisions (M)(1) to (3) of this section,	27754
if a school district is required by section 3313.65 of the Revised	27755
Code to pay tuition for a child, that district shall be the	27756
child's school district of residence.	27757

(N) "Special education" means specially designed instruction,	27758
at no cost to parents, to meet the unique needs of a child with a	27759
disability. "Special education" includes instruction conducted in	27760
the classroom, in the home, in hospitals and institutions, and in	27761
other settings, including an early childhood education setting,	27762
and instruction in physical education.	27763

(O) "Student with a visual impairment" means any person who	27764
is less than twenty-two years of age and who has a visual	27765
impairment as that term is defined in this section.	27766

(P) "Transition services" means a coordinated set of	27767
activities for a child with a disability that meet all of the	27768
following:	27769

(1) Is designed to be within a results-oriented process, that	27770
is focused on improving the academic and functional achievement of	27771
the child with a disability to facilitate the child's movement	27772
from school to post-school activities, including post-secondary	27773
education; vocational education; integrated employment (including	27774
supported employment); continuing and adult education; adult	27775
services; independent living; or community participation;	27776

(2) Is based on the individual child's needs, taking into	27777
account the child's strengths, preferences, and interests;	27778

(3) Includes instruction, related services, community	27779
experiences, the development of employment and other post-school	27780
adult living objectives, and, when appropriate, acquisition of	27781
daily living skills and functional vocational evaluation.	27782

"Transition services" for children with disabilities may be	27783
special education, if provided as specially designed instruction,	27784
or may be a related service, if required to assist a child with a	27785
disability to benefit from special education.	27786

(Q) "Visual impairment" for any individual means that one of	27787
the following applies to the individual:	27788

(1) The individual has a visual acuity of 20/200 or less in	27789
the better eye with correcting lenses or has a limited field of	27790
vision in the better eye such that the widest diameter subtends an	27791
angular distance of no greater than twenty degrees.	27792

(2) The individual has a medically indicated expectation of	27793
meeting the requirements of division (Q)(1) of this section over a	27794
period of time.	27795

(3) The individual has a medically diagnosed and medically	27796
uncorrectable limitation in visual functioning that adversely	27797
affects the individual's ability to read and write standard print	27798
at levels expected of the individual's peers of comparable ability	27799
and grade level.	27800

(R) "Ward of the state" has the same meaning as in section	27801
602(36) of the "Individuals with Disabilities Education	27802
Improvement Act of 2004," 20 U.S.C. 1401(36).	27803

Sec. 3323.011. As used in this chapter, "individualized	27804
education program" or "IEP" means a written statement for each	27805
child with a disability that is developed, reviewed, and revised	27806
in accordance with this definition and that includes:	27807

(A) A statement of the child's present levels of academic	27808
achievement and functional performance, including:	27809

(1) How the child's disability affects the child's	27810
involvement and progress in the general education curriculum;	27811

(2) For a preschool child with a disability, as appropriate,	27812
how the disability affects the child's participation in	27813
appropriate activities;	27814

(3) For a child with a disability who is not a preschool	27815
child and who will take alternate assessments aligned to alternate	27816
achievement standards, a description of benchmarks or short-term	27817
objectives.	27818

(B) A statement of measurable annual goals, including	27819
academic and functional goals and, at the discretion of the	27820
department of education, short-term instructional objectives that	27821
are designed to:	27822

(1) Meet the child's needs that result from the child's	27823
disability so as to enable the child to be involved in and make	27824
progress in the general education curriculum;	27825

(2) Meet each of the child's other educational needs that	27826
result from the child's disability.	27827

(C) A description of how the child's progress toward meeting	27828
the annual goals described pursuant to division (B) of this	27829
section will be measured and when periodic reports on the progress	27830
the child is making toward meeting the annual goals will be	27831
provided. Such reports may be quarterly or other periodic reports	27832
that are issued concurrent with the issuance of regular report	27833
cards.	27834

(D) A statement of the special education and related services	27835
and supplementary aids and services, based on peer-reviewed	27836
research to the extent practicable, to be provided to the child,	27837
or on behalf of the child, and a statement of the program	27838
modifications or supports for school personnel that will be	27839
provided for the child so that the child may:	27840

(1) Advance appropriately toward attaining the annual goals	27841
described pursuant to division (B) of this section;	27842

(2) Be involved in and make progress in the general education	27843
curriculum and participate in extracurricular and other	27844
nonacademic activities;	27845

(3) Be educated with and participate with both other children	27846
with disabilities and nondisabled children in the specific	27847
activities described pursuant to division (D) of this section.	27848

(E) An explanation of the extent, if any, to which the child	27849
will not participate with nondisabled children in the regular	27850
class, including an early childhood education setting, and in the	27851
activities described pursuant to division (D) of this section;	27852

(F) A statement of any individual appropriate accommodations	27853
that are necessary to measure the academic achievement and	27854
functional performance of the child on state and districtwide	27855
assessments consistent with section 612(a)(16) of the "Individuals	27856
with Disabilities Education Improvement Act of 2004," 20 U.S.C.	27857
1412(a)(16). If the IEP team determines that the child shall take	27858
an alternate assessment on a particular state or districtwide	27859
assessment of student achievement, the IEP shall contain a	27860
statement of why the child cannot participate in the regular	27861
assessment and why the particular alternate assessment selected is	27862
appropriate for the child.	27863

(G) The projected date for the beginning of the services and	27864
modifications described pursuant to division (D) of this section	27865
and the anticipated frequency, location, and duration of those	27866
services and modifications;	27867

(H) Beginning not later than the first IEP to be in effect	27868
when the child is sixteen years of age, and updated annually	27869
thereafter, a statement describing:	27870

(1) Appropriate measurable post-secondary goals based upon	27871
age-appropriate transition assessments related to training,	27872
education, employment, and independent living skills;	27873

(2) The transition services, including courses of study,	27874
needed to assist the child in reaching the goals described in	27875
division (H)(1) of this section.	27876

(I) Beginning not later than one year before the child	27877
reaches eighteen years of age, a statement that the child has been	27878
informed of the child's rights under Title XX of the United States	27879
Code that will transfer to the child on reaching eighteen years of	27880
age in accordance with section 615(m) of the "Individuals with	27881
Disabilities Education Improvement Act of 2004," 20 U.S.C.	27882
1415(m).	27883

Nothing in this section shall be construed to require that	27884
additional information be included in a child's IEP beyond the	27885
items explicitly required by this section and that the IEP team	27886
include information under one component of a child's IEP that is	27887
already contained under another component of the IEP.	27888

~~Sec. 3323.011.~~ Sec. 3323.013. (A) The individualized education	27889
program required for any student with a visual ~~disability~~	27890
impairment under this chapter shall include the following, in	27891
addition to the statements required pursuant to ~~division (E) of~~	27892
section ~~3323.01~~3323.011 of the Revised Code:	27893

(1) A statement that instruction in braille reading and	27894
writing was carefully considered for the student and that	27895
pertinent literature describing the educational benefits of	27896
instruction in braille reading and writing was reviewed by the	27897
persons developing the student's individualized education program;	27898

(2) A statement specifying the one or more reading and	27899
writing media in which instruction is appropriate for the	27900
student's educational needs;	27901

(3) If instruction in braille reading and writing is	27902
specified as appropriate for the student pursuant to division	27903
(A)(2) of this section, a statement of the instruction in braille	27904
reading and writing that is to be provided to the student. This	27905
statement shall specify the date on which the instruction is to	27906
commence, the frequency and duration of instruction sessions, the	27907
level of competency in braille reading and writing expected to be	27908
achieved annually, and the objective assessment measures to be	27909
used. Whenever appropriate, the expected level of braille	27910
competency for the student shall be to enable the student to	27911
communicate effectively and efficiently with the same level of	27912
proficiency expected of the student's peers of comparable ability	27913
and grade level and the instruction in braille reading and writing	27914
that is to be provided shall be designed accordingly.	27915

(B) If the individualized education program for any student	27916
with a visual ~~disability~~impairment does not specify instruction	27917
in braille reading and writing as appropriate for the student	27918
pursuant to division (A)(2) of this section, each annual review of	27919
that student's individualized education program~~, as provided~~	27920
~~pursuant to division (C) of section 3323.08 of the Revised Code,~~	27921
shall include a written statement specifying the reasons why	27922
instruction in braille reading and writing is not appropriate for	27923
the student.	27924

(C)(1) No student with a visual ~~disability~~impairment shall	27925
be denied instruction in braille reading and writing pursuant to	27926
this section solely because the student has some remaining vision	27927
or because the student is to receive reading and writing	27928
instruction in another medium.	27929

(2) Nothing in this section shall be construed to require the	27930
exclusive use of instruction through the medium of braille reading	27931
and writing if other reading and writing media are appropriate to	27932
a student's educational needs.	27933

(D) Any instruction in braille reading and writing provided	27934
to any student with a visual ~~disability~~impairment pursuant to	27935
division (A)(3) of this section shall be provided by a teacher	27936
licensed to teach students with visual ~~disabilities~~impairments.	27937

Sec. 3323.014. If an agency other than the school district	27938
responsible for a child's IEP fails to provide the transition	27939
services described in the IEP, the school district that is	27940
responsible for the IEP shall reconvene the IEP team to identify	27941
alternative strategies to meet the transition objectives for the	27942
child set out in the child's IEP.	27943

Sec. 3323.02. ItAs used in this section, "IDEIA" means the	27944
"Individuals with Disabilities Education Improvement Act of 2004,"	27945
Pub. L. No. 108-446.	27946

It is the purpose of this chapter to ~~assure~~ensure that all	27947
~~handicapped~~ children ~~three to twenty-one years of age in this~~	27948
~~state shall be provided with an~~with disabilities residing in this	27949
state who are at least three years of age and less than twenty-two	27950
years of age, including children with disabilities who have been	27951
suspended or expelled from school, have available to them a free	27952
appropriate public education. No ~~educational program for~~	27953
~~handicapped children shall be operated except in accordance with~~	27954
~~procedures, standards, and guidelines adopted by the state board~~	27955
~~of education, and no school district, county board of mental~~	27956
~~retardation and developmental disabilities, or other educational~~	27957
~~agency shall receive state or federal funds for a special~~	27958
~~education program unless such program is operated in accordance~~	27959
~~with all procedures, standards, and guidelines adopted by the~~	27960
~~state board. The state board of education shall establish~~	27961
~~standards for special education and related services for all~~	27962
~~handicapped children in the state, regardless of the severity of~~	27963
~~their handicap~~school district, county MR/DD board, or other	27964
educational agency shall receive state or federal funds for	27965
special education and related services unless those services for	27966
children with disabilities are provided in accordance with IDEIA	27967
and related provisions of the Code of Federal Regulations, the	27968
provisions of this chapter, rules and standards adopted by the	27969
state board of education, and any procedures or guidelines issued	27970
by the superintendent of public instruction. Any options or	27971
discretion provided to the state by IDEIA may be exercised in	27972
state law or in rules or standards adopted by the state board of	27973
education.	27974

The state board of education shall establish rules or	27975
standards for the provision of special education and related	27976
services for all children with disabilities who are at least three	27977
years of age and less than twenty-two years of age residing in the	27978
state, regardless of the severity of their disabilities, including	27979
children with disabilities who have been suspended or expelled	27980
from school. The state law and the rules or standards of the state	27981
board of education may impose requirements that are not required	27982
by IDEIA or related provisions of the Code of Federal Regulations.	27983
The school district of residence is responsible, in all instances,	27984
for ensuring that the requirements of Part B of IDEIA are met for	27985
every eligible child in its jurisdiction, regardless of whether	27986
services are provided by another school district, other	27987
educational agency, or other agency, department, or entity, unless	27988
IDEIA or related provisions of the Code of Federal Regulations,	27989
another section of this chapter, or a rule adopted by the state	27990
board of education specifies that another school district, other	27991
educational agency, or other agency, department, or entity is	27992
responsible for ensuring compliance with Part B of IDEIA.	27993

Notwithstanding division (A)(4) of section 3301.53 of the	27994
Revised Code and any rules adopted pursuant to that section and	27995
division (A) of section 3313.646 of the Revised Code, a board of	27996
education of a school district may ~~operate an educational program~~	27997
~~for handicapped~~provide special education and related services for	27998
preschool children with disabilities in accordance with this	27999
chapter and section 3301.52, divisions (A)(1) to (3) and (A)(5)	28000
and (6) of section 3301.53, and sections 3301.54 to ~~3301.57~~	28001
3301.59 of the Revised Code.	28002

The ~~state board of education~~superintendent of public	28003
instruction may require any state or local agency to provide	28004
documentation that ~~programs for handicapped children operated~~	28005
special education and related services for children with	28006
disabilities provided by the agency are in compliance with the	28007
requirements of this chapter.	28008

Not later than the first day of February of each year the	28009
superintendent of public instruction shall furnish the ~~chairmen~~	28010
chairpersons of the education committees of the house of	28011
representatives and the senate with a report on the status of	28012
implementation of ~~programs and~~special education and related	28013
services for ~~handicapped~~ children with disabilities required by	28014
this chapter. The report shall include but shall not be limited to	28015
the following items: the most recent available figures on the	28016
number of children identified as ~~handicapped, the number of~~	28017
~~persons placed in appropriate special education programs, and a~~	28018
~~summary of the reasons for nonplacement of identified persons~~	28019
children with disabilities and the number of identified children	28020
receiving special education and related services. The information	28021
contained in these reports shall be public information.	28022

Sec. 3323.03. The state board of education shall, in	28023
consultation with the department of health, the department of	28024
mental health, and the department of mental retardation and	28025
developmental disabilities, establish standards and procedures for	28026
the identification, location, and evaluation of all ~~handicapped~~	28027
children with disabilities residing in the state, including	28028
children with disabilities who are homeless children or are wards	28029
of the state and children with disabilities attending nonpublic	28030
schools, regardless of the severity of their ~~handicap. No single~~	28031
~~method, device, or evaluation criterion shall be the sole~~	28032
~~criterion for determining an appropriate educational program for a~~	28033
~~handicapped child. The state board shall require the~~disabilities,	28034
and who are in need of special education and related services. The	28035
state board shall develop and implement a practical method to	28036
determine which children with disabilities are currently receiving	28037
needed special education and related services.	28038

In conducting the evaluation, the board of education of each	28039
school district shall use a variety of assessment tools and	28040
strategies to gather relevant functional, developmental, and	28041
academic information about the child, including information	28042
provided by the child's parent. The board of education of each	28043
school district, in consultation with the county ~~boards of mental~~	28044
~~retardation and developmental disabilities and the boards~~MR/DD	28045
board, the county family and children first council, and the board	28046
of alcohol, drug addiction, and mental health services of each	28047
county in which the school district has territory, toshall	28048
identify, locate, and evaluate all ~~handicapped~~ children with	28049
disabilities residing within the district to determine which	28050
~~handicapped~~ children with disabilities are not receiving	28051
appropriate special education and related services. In addition,	28052
the board of education of each school district, in consultation	28053
with such county boards or council, shall identify, locate, and	28054
evaluate all children with disabilities who are enrolled by their	28055
parents in nonpublic elementary and secondary schools located	28056
within the public school district, without regard to where those	28057
children reside in accordance with rules of the state board of	28058
education or guidelines of the superintendent of public	28059
instruction.	28060

~~County boards of mental retardation and developmental~~	28061
~~disabilities and boards~~Each county MR/DD board, county family and	28062
children first council, and board of alcohol, drug addiction, and	28063
mental health services and ~~their~~the board's or council's contract	28064
agencies may transmit to boards of education the names and	28065
addresses of ~~handicapped~~ children with disabilities who are not	28066
receiving appropriate special education and related services.	28067

Sec. 3323.031. The board of education of each school	28068
district shall annually assess the reading and writing skills of	28069
each student with a visual ~~disability~~impairment enrolled in the	28070
district in each medium in which instruction is specified as	28071
appropriate for the student pursuant to division (A)(2) of section	28072
~~3323.011~~3323.013 of the Revised Code. The results of each	28073
assessment shall be provided in a written statement that specifies	28074
the student's strengths and weaknesses in each medium assessed.	28075

Sec. 3323.04. The state board of education, in consultation	28076
with the department of mental health and the department of mental	28077
retardation and developmental disabilities, shall establish	28078
procedures and standards for the ~~placement of handicapped children~~	28079
~~in appropriate educational programs~~development of individualized	28080
education programs for children with disabilities.	28081

The state board shall require the board of education of each	28082
school district to ~~place each handicapped child three to~~	28083
~~twenty-one years of age residing within the district in an~~	28084
~~appropriate education program in accordance with section 3319.01~~	28085
~~of the Revised Code, which may include instruction in regular~~	28086
~~classes, a special education program, or any combination thereof.~~	28087
~~Prior~~develop an individualized education program for each child	28088
with a disability who is at least three years of age and less than	28089
twenty-two years of age residing in the district in a manner that	28090
is in accordance with rules of the state board.	28091

Prior to the placement of a ~~handicapped~~ child with a	28092
disability in a program operated under section 3323.09 of the	28093
Revised Code, the district board of education shall consult the	28094
county MR/DD board ~~of mental retardation and developmental~~	28095
~~disabilities~~ of the county in which the child resides~~. The board~~	28096
~~of education shall evaluate the educational placement of each~~	28097
~~handicapped child at least once each year~~regarding the proposed	28098
placement.	28099

A child with a disability enrolled in a nonpublic school or	28100
facility shall be provided special education and related services,	28101
in accordance with an individualized education program, at no cost	28102
for those services, if the child is placed in, or referred to,	28103
that nonpublic school or facility by the department of education	28104
or a school district.	28105

The IEP team shall review the individualized education	28106
program of each child with a disability periodically, but at least	28107
annually, to determine whether the annual goals for the child are	28108
being achieved, and shall revise the individualized education	28109
program as appropriate.	28110

The state board shall establish procedures and standards to	28111
assure that to the maximum extent appropriate, ~~handicapped~~	28112
children with disabilities, including children in public or	28113
private institutions or other care facilities, shall be educated	28114
with children who are not ~~handicapped~~disabled. Special classes,	28115
separate schools, or other removal of children with disabilities	28116
from the regular educational environment shall be used only when	28117
the nature or severity of a child's disability is such that	28118
education in regular classes with supplementary aids and services	28119
cannot be achieved satisfactorily.	28120

If an agency directly affected by a placement decision	28121
objects to such decision, an ~~independent~~impartial hearing	28122
officer, appointed by the ~~school district and the objecting agency~~	28123
department of education from a list prepared by the ~~state~~	28124
department ~~of education in consultation with the department of~~	28125
~~mental health or the department of mental retardation and~~	28126
~~developmental disabilities~~, shall conduct a hearing to review the	28127
placement decision. The agencies that are parties to a hearing	28128
shall divide the costs of such hearing equally. The decision of	28129
the hearing officer shall be final, except that any party to the	28130
hearing who is aggrieved by the findings or the decision of the	28131
hearing officer may appeal the findings or decision in accordance	28132
with division (H) of section 3323.05 of the Revised Code or the	28133
parent of any child affected by such decision ~~or his parents~~ may	28134
present a complaint in accordance with that section ~~3323.05 of the~~	28135
~~Revised Code~~.	28136

Sec. 3323.041. To the extent consistent with the number and	28137
location of children with disabilities in the state who are	28138
enrolled by their parents in nonpublic elementary and secondary	28139
schools in the school district served by a board of education of a	28140
school district, provision is made for the participation of those	28141
children in the program for the education of children with	28142
disabilities which is assisted or carried out under Part B of the	28143
Individuals with Disabilities Education Improvement Act of 2004,	28144
P.L. 108-446. The district in which the nonpublic elementary or	28145
secondary school is located shall provide for such children	28146
special education and related services in accordance with Section	28147
612(a)(10) of the Individuals with Disabilities Education	28148
Improvement Act of 2004, 20 U.S.C. 1412(a)(10) and related	28149
provisions of the Code of Federal Regulations and in accordance	28150
with any rules adopted by the state board of education or	28151
guidelines issued by the superintendent of public instruction.	28152

Amounts to be expended for the provision of those services,	28153
including direct services to parentally placed nonpublic school	28154
children, by the school district shall be equal to a proportionate	28155
amount of federal funds made available under Part B of the	28156
Individuals with Disabilities Education Improvement Act of 2004.	28157
The school district shall exercise the following responsibilities	28158
towards parentally placed children with disabilities who attend	28159
nonpublic schools located in the school district: child find,	28160
timely and meaningful consultation, written affirmation of timely	28161
and meaningful consultation, compliance, and provision of	28162
equitable services, as provided by the Individuals with	28163
Disabilities Education Improvement Act of 2004 and related	28164
provisions of the Code of Federal Regulations and in accordance	28165
with any rules adopted by the state board of education or	28166
guidelines issued by the superintendent of public instruction.	28167

Sec. 3323.05. The state board of education shall establish	28168
procedures to ~~assure~~ensure that ~~handicapped~~ children with	28169
disabilities and their parents are guaranteed procedural	28170
safeguards ~~in decisions~~ under this chapter ~~relating to the~~	28171
~~identification, evaluation, or educational placement of a~~	28172
~~handicapped child or the provision of education or related~~	28173
~~services under this chapter~~with respect to a free appropriate	28174
public education.	28175

The procedures shall include, but need not be limited to:

28176

(A) An opportunity for the parents of a child with a	28177
disability to examine all ~~relevant~~ records related to the child	28178
and to participate in meetings with respect to identification,	28179
evaluation, orand educational placement of the child, and to	28180
obtain ~~at their own expense~~ an independent educational evaluation	28181
of the child;	28182

(B) Procedures to protect the rights of the child ~~when~~	28183
whenever the parents of the child are ~~unknown or unavailable~~not	28184
known, an agency after making reasonable efforts cannot find the	28185
parents, or ~~when~~ the child is a ward of the state, including the	28186
assignment, in accordance with section 3323.051 of the Revised	28187
Code, of an individual to act as a surrogate for the parents;	28188

(C) Prior written notice to the child's parents of ~~any~~a	28189
school district's proposal or refusal to initiate or change the	28190
identification, evaluation, or educational placement of the child,	28191
~~including notice of all procedures available under this section.~~	28192
~~The state board of education may establish procedures to provide~~	28193
~~for the written acknowledgment by the parent of a notice of a~~	28194
~~child's placement or change of placement. In cases when no written~~	28195
~~acknowledgment has been obtained, notice of placement or change of~~	28196
~~placement shall be made by certified mail. A parent's~~	28197
~~acknowledgment under this division does not negate his rights to~~	28198
~~present complaints and appeal a placement decision under this~~	28199
~~section~~or the provision of a free appropriate education for the	28200
child. The procedures established under this division shall:	28201

(1) Be designed to ensure that the written prior notice is in	28202
the native language of the parents, unless it clearly is not	28203
feasible to do so.	28204

(2) Specify that the prior written notice shall include:

28205

(a) A description of the action proposed or refused by the	28206
district;	28207

(b) An explanation of why the district proposes or refuses to	28208
take the action and a description of each evaluation procedure,	28209
assessment, record, or report the district used as a basis for the	28210
proposed or refused action;	28211

(c) A statement that the parents of a child with a disability	28212
have protection under the procedural safeguards and, if the notice	28213
is not in regard to an initial referral for evaluation, the means	28214
by which a copy of a description of the procedural safeguards can	28215
be obtained;	28216

(d) Sources for parents to contact to obtain assistance in	28217
understanding the provisions of Part B of the "Individuals with	28218
Disabilities Education Improvement Act of 2004";	28219

(e) A description of other options considered by the IEP team	28220
and the reason why those options were rejected;	28221

(f) A description of the factors that are relevant to the	28222
agency's proposal or refusal.	28223

(D) An opportunity for the ~~child or his~~child's parents to	28224
present complaints to the superintendent of the child's school	28225
district of residence with respect to any matter relating to the	28226
identification, evaluation, or educational placement of the child,	28227
or the provision of ~~special education~~a free appropriate public	28228
education under this chapter ~~to the superintendent of the school~~	28229
~~district of the child's residence~~. ~~Upon presentation of a~~	28230
~~complaint, the superintendent shall review the case, may conduct~~	28231
~~an informal hearing, and shall notify all parties of his decision.~~	28232
~~Where the child is placed in a program operated by a county board~~	28233
~~of mental retardation and developmental disabilities or other~~	28234
~~educational agency, the superintendent shall consult with the~~	28235
~~administrator of the agency involved. Any party aggrieved by the~~	28236
~~decision of the superintendent may present a formal complaint in~~	28237
~~writing to the board of education.~~	28238

~~(E) When a formal written complaint is received, an~~	28239
~~opportunity for the aggrieved party to receive a due process~~	28240
~~hearing conducted by an impartial hearing officer in accordance~~	28241
~~with standards and procedures adopted by the state board of~~	28242
~~education. No hearing shall be conducted by an employee of the~~	28243
~~board of education or any agency involved in the education or care~~	28244
~~of the child.~~	28245

AWithin twenty school days after receipt of a complaint, the	28246
district superintendent or the superintendent's designee, without	28247
undue delay and at a time and place convenient to all parties,	28248
shall review the case, may conduct an administrative review, and	28249
shall notify all parties in writing of the superintendent's or	28250
designee's decision. Where the child is placed in a program	28251
operated by a county MR/DD board or other educational agency, the	28252
superintendent shall consult with the administrator of that county	28253
MR/DD board or agency.	28254

Any party aggrieved by the decision of the district	28255
superintendent or the superintendent's designee may file a	28256
complaint with the state board as provided under division (E) of	28257
this section, request mediation as provided under division (F) of	28258
this section, or present a due process complaint notice and	28259
request for a due process hearing in writing to the superintendent	28260
of the district, with a copy to the state board, as provided under	28261
division (G) of this section.	28262

(E) An opportunity for a party to file a complaint with the	28263
state board of education with respect to the identification,	28264
evaluation, or educational placement of the child, or the	28265
provision of a free appropriate public education to such child.	28266
The department of education shall review and, where appropriate,	28267
investigate the complaint and issue findings.	28268

(F) An opportunity for parents and a school district to	28269
resolve through mediation disputes involving any matter.	28270

(1) The procedures established under this section shall	28271
ensure that the mediation process is voluntary on the part of the	28272
parties, is not used to deny or delay a parent's right to a due	28273
process hearing or to deny any other rights afforded under this	28274
chapter, and is conducted by a qualified and impartial mediator	28275
who is trained in effective mediation techniques.	28276

(2) A school district may establish procedures to offer to	28277
parents and schools that choose not to use the mediation process,	28278
an opportunity to meet, at a time and location convenient to the	28279
parents, with a disinterested party to encourage the use, and	28280
explain the benefits, of the mediation process to the parents. The	28281
disinterested party shall be an individual who is under contract	28282
with a parent training and information center or community parent	28283
resource center in the state or is under contract with an	28284
appropriate alternative dispute resolution entity.	28285

(3) The department shall maintain a list of individuals who	28286
are qualified mediators and knowledgeable in laws and regulations	28287
relating to the provision of special education and related	28288
services.	28289

(4) The department shall bear the cost of the mediation	28290
process, including the costs of meetings described in division	28291
(F)(2) of this section.	28292

(5) Each session in the mediation process shall be scheduled	28293
in a timely manner and shall be held in a location that is	28294
convenient to the parties to the dispute.	28295

(6) Discussions that occur during the mediation process shall	28296
be confidential and shall not be used as evidence in any	28297
subsequent due process hearing or civil proceeding.	28298

(7) In the case that a resolution is reached to resolve the	28299
complaint through the mediation process, the parties shall execute	28300
a legally binding agreement that sets forth the resolution and	28301
that:	28302

(a) States that all discussions that occurred during the	28303
mediation process shall be confidential and shall not be used as	28304
evidence in any subsequent due process hearing or civil	28305
proceeding;	28306

(b) Is signed by both the parent and a representative for the	28307
school district who has the authority to bind the district;	28308

(c) Is enforceable in any state court of competent	28309
jurisdiction or in a district court of the United States.	28310

(G)(1) An opportunity for parents or a school district to	28311
present a due process complaint and request for a due process	28312
hearing to the superintendent of the school district of the	28313
child's residence with respect to the identification, evaluation,	28314
or educational placement of the child, or the provision of a free	28315
appropriate public education to the child. The party presenting	28316
the due process complaint and request for a due process hearing	28317
shall provide due process complaint notice to the other party and	28318
forward a copy of the notice to the state board. The due process	28319
complaint notice shall include:	28320

(a) The name of the child, the address of the residence of	28321
the child, or the available contact information in the case of a	28322
homeless child, and the name of the school the child is attending;	28323

(b) A description of the nature of the problem of the child	28324
relating to the proposed initiation or change, including facts	28325
relating to the problem;	28326

(c) A proposed resolution of the problem to the extent known	28327
and available to the party at the time.	28328

A party shall not have a due process hearing until the party,	28329
or the attorney representing the party, files a notice that meets	28330
the requirement for filing a due process complaint notice.	28331

A due process hearing shall be conducted by an impartial	28332
hearing officer in accordance with standards and procedures	28333
adopted by the state board. A hearing officer shall not be an	28334
employee of the state board or any agency involved in the	28335
education or care of the child or a person having a personal or	28336
professional interest that conflicts with the person's objectivity	28337
in the hearing. A hearing officer shall possess knowledge of, and	28338
the ability to understand, the provisions of the "Individuals with	28339
Disabilities Education Improvement Act of 2004," federal and state	28340
regulations pertaining to that act, and legal interpretations of	28341
that act by federal and state courts; possess the knowledge and	28342
ability to conduct hearings in accordance with appropriate	28343
standard legal practice; and possess the knowledge and ability to	28344
render and write decisions in accordance with appropriate standard	28345
legal practice. The due process requirements of section 615 of the	28346
"Individuals with Disabilities Education Improvement Act of 2004,"	28347
20 U.S.C. 1415, apply to due process complaint notices and	28348
requests for due process hearings and to due process hearings held	28349
under division (G) of this section, including, but not limited to,	28350
timelines for requesting hearings, requirements for sufficient	28351
complaint notices, resolution sessions, and sufficiency and	28352
hearing decisions.	28353

(2) Discussions that occur during a resolution session shall	28354
be confidential and shall not be used as evidence in any	28355
subsequent due process hearing or civil proceeding. If a	28356
resolution to the dispute is reached at a resolution session, the	28357
parties must execute a legally binding written settlement	28358
agreement which shall state that all discussions that occurred	28359
during the resolution process shall be confidential and shall not	28360
be used as evidence in any subsequent due process hearing or civil	28361
proceeding.	28362

(3) A party to a hearing under ~~this~~ division (G) of this	28363
section shall be accorded:	28364

~~(1)~~(a) The right to be accompanied and advised by counsel and	28365
by individuals with special knowledge or training with respect to	28366
the problems of ~~handicapped~~ children with disabilities;	28367

~~(2)~~(b) The right to present evidence and confront,	28368
cross-examine, and compel the attendance of witnesses;	28369

~~(3)~~(c) The right to a written or electronic verbatim record	28370
of ~~such~~the hearing;	28371

~~(4)~~(d) The right to written findings of fact and decisions,	28372
which findings of fact and decisions shall be made available to	28373
the public consistent with the requirements relating to the	28374
confidentiality of personally identifiable data, information, and	28375
records collected and maintained by state educational agencies and	28376
local educational agencies; and shall be transmitted to the	28377
advisory panel established and maintained by the department for	28378
the purpose of providing policy guidance with respect to special	28379
education and related services for children with disabilities in	28380
the state.	28381

~~(F)~~(H) An opportunity for any party aggrieved by the findings	28382
and decision rendered in a hearing under division ~~(E)~~(G) of this	28383
section to appeal within forty-five days of notification of the	28384
decision to the state board ~~of education~~, which shall appoint a	28385
~~reviewing~~state level officer who shall review the case and issue	28386
a final order. The ~~reviewing~~state level officer shall be	28387
appointed and shall review the case in accordance with standards	28388
and procedures adopted by the state board.	28389

Any party aggrieved by the final order of the ~~reviewing~~state	28390
level officer may appeal the final order, in accordance with	28391
Chapter 119. of the Revised Code, within forty-five days ofafter	28392
notification of the order to the court of common pleas of the	28393
county in which the child's school district of residence is	28394
located, ~~under Chapter 119. of the Revised Code~~or to a district	28395
court of the United States within ninety days after the date of	28396
the decision of the state level review officer, as provided in	28397
section 615(i)(2) of the "Individuals with Disabilities Education	28398
Improvement Act of 2004," 20 U.S.C. 1415(i)(2).	28399

Sec. 3323.051. No individual shall be assigned to act as a	28400
surrogate ~~parent~~for the parents of a child with a disability	28401
under division (B) of section 3323.05 of the Revised Code if he	28402
the individual is an employee of the department of education or	28403
the school district or any other agency involved in the education	28404
or care of the child or if hethe individual has any interest that	28405
conflicts with the interests of the child. If a conflict of	28406
interest arises subsequent to the assignment of a surrogate	28407
~~parent~~, the authority that made the assignment shall terminate it	28408
and assign another surrogate ~~parent~~. Neither the surrogate ~~parent~~	28409
nor the authority that assigned ~~him~~the surrogate shall be liable	28410
in civil damages for acts of the surrogate ~~parent~~ unless such acts	28411
constitute willful or wanton misconduct.	28412

Sec. 3323.052. Not later than January 31, 2008, the	28413
department of education shall develop a document that compares a	28414
parent's and child's rights under this chapter and 20 U.S.C. 1400	28415
et seq. with the parent's and child's rights under the special	28416
education scholarship pilot program, established in sections	28417
3310.51 to 3310.63 of the Revised Code, including the deadline for	28418
application for a scholarship or renewal of a scholarship and	28419
notice of that application to the child's school district,	28420
prescribed in division (C) of section 3310.52 of the Revised Code,	28421
and the provisions of divisions (A) and (B) of section 3310.53 of	28422
the Revised Code. The department shall revise that document as	28423
necessary to reflect any pertinent changes in state or federal	28424
statutory law, rule, or regulation enacted or adopted after the	28425
initial document is developed. The department and each school	28426
district shall ensure that the document prescribed in this section	28427
is included in, appended to, or otherwise distributed in	28428
conjunction with the notice required under 20 U.S.C. 1415(d), and	28429
any provision of the Code of Federal Regulations implementing that	28430
requirement, in the manner and at all the times specified for such	28431
notice in federal law or regulation. As used in this section, a	28432
"child's school district" means the school district in which the	28433
child is entitled to attend school under section 3313.64 or	28434
3313.65 of the Revised Code.	28435

Sec. 3323.06. (A) The state board of education shall	28436
develop, implement, provide general supervision of, and assure	28437
compliance with a state plan for the following:	28438

(1) The identification, location, and evaluation of all	28439
children with disabilities in the state;	28440

(2) The provision of special education and related services	28441
to ensure a free appropriate public education for all children	28442
with disabilities at least three years of age and less than	28443
twenty-two years of age, including children with disabilities who	28444
have been suspended or expelled from school;	28445

(3) The availability of special education and related	28446
services for children with disabilities under three years of age,	28447
as authorized by division (C) of this section and as specified in	28448
rules of the state board.	28449

The state plan shall provide assurances that the state board	28450
has in effect policies and procedures to ensure that the state	28451
meets the conditions specified in section 612 of the "Individuals	28452
with Disabilities Education Improvement Act of 2004," 20 U.S.C.	28453
1412.	28454

(B) The state board shall establish and maintain an advisory	28455
panel for the purpose of providing policy guidance with respect to	28456
special education and related services for children with	28457
disabilities in the state. A majority of the members of the panel	28458
shall be individuals with disabilities or parents of children with	28459
disabilities representing all ages, birth through twenty-six years	28460
of age. The advisory panel shall meet the requirements of section	28461
612(a)(21) of the "Individuals with Disabilities Education	28462
Improvement Act of 2004," 20 U.S.C. 1412(a)(21), and related	28463
provisions of the Code of Federal Regulations. The panel shall	28464
advise the Ohio department of education of unmet needs within the	28465
state in the education of children with disabilities; comment	28466
publicly on rules proposed by that department regarding the	28467
education of children with disabilities; advise that department in	28468
developing evaluations and reporting on data to the United States	28469
secretary of education under section 618 of the act, 20 U.S.C.	28470
1418; advise the Ohio department in developing corrective action	28471
plans to address findings identified in federal monitoring reports	28472
under Part B of the act; and advise the Ohio department in	28473
developing and implementing policies relating to the coordination	28474
of services for children with disabilities.	28475

(C) In addition to the policies and procedures authorized	28476
under division (A) of this section, the state board may authorize	28477
school districts to establish and maintain special education and	28478
related services for children less than three years of age as	28479
specified in rules of the state board.	28480

(D) In the exercise of its general supervisory	28481
responsibility, the state board shall monitor the implementation	28482
of Part B of the "Individuals with Disabilities Education	28483
Improvement Act of 2004" by school districts. Monitoring	28484
activities shall include, but are not limited to, focused	28485
monitoring, investigations of complaints, and technical	28486
assistance. The primary focus of the state board's monitoring	28487
activities shall be improving educational results and functional	28488
outcomes for all children with disabilities and ensuring that the	28489
state board meets the program requirements under Part B, with a	28490
particular emphasis on those requirements that are most closely	28491
related to improving educational results for children with	28492
disabilities.	28493

Sec. 3323.07. The state board of education shall authorize	28494
the establishment and maintenance of ~~programs for the education of~~	28495
~~all handicapped children three to twenty-one years of age, and may~~	28496
~~authorize such programs for handicapped children under three years~~	28497
~~of age~~special education and related services for all children	28498
with disabilities who are at least three years of age and less	28499
than twenty-two years of age, including children with disabilities	28500
who have been suspended or expelled from school, and may authorize	28501
special education and related services for children with	28502
disabilities who are less than three years of age in accordance	28503
with rules adopted by the state board. The state board shall	28504
require the boards of education of school districts, shall	28505
authorize the department of mental health and the department of	28506
mental retardation and developmental disabilities, and may	28507
authorize any other educational agency, to establish and maintain	28508
such special ~~educational programs~~education and related services	28509
in accordance with standards adopted by the state board of	28510
~~education~~.	28511

Sec. 3323.08. (A) Each school district shall submit a plan	28512
to the superintendent of public instruction that provides	28513
assurances that the school district will provide for the education	28514
of children with disabilities within its jurisdiction and has in	28515
effect policies, procedures, and programs that are consistent with	28516
the policies and procedures adopted by the state board of	28517
education in accordance with section 612 of the "Individuals with	28518
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412,	28519
and that meet the conditions applicable to school districts under	28520
section 613 of that act, 20 U.S.C. 1413.	28521

Each district's plan shall do all of the following:

28522

(1) Provide, as specified in section 3323.11 of the Revised	28523
Code and in accordance with standards established by the state	28524
board, for an organizational structure and necessary and qualified	28525
staffing and supervision for the identification of and provision	28526
of special education and related services for children with	28527
disabilities;	28528

(2) Provide, as specified by section 3323.03 of the Revised	28529
Code and in accordance with standards established by the state	28530
board, for the identification, location, and evaluation of all	28531
children with disabilities residing in the district, including	28532
children with disabilities who are homeless children or are wards	28533
of the state and children with disabilities attending private	28534
schools and who are in need of special education and related	28535
services. A practical method shall be developed and implemented to	28536
determine which children with disabilities are currently receiving	28537
needed special education and related services.	28538

(3) Provide, as specified by section 3323.07 of the Revised	28539
Code and standards established by the state board, for the	28540
establishment and maintenance of special education and related	28541
services for children with disabilities who are at least three	28542
years of age and less than twenty-two years of age, including	28543
children with disabilities who have been suspended or expelled	28544
from school.	28545

(4) Provide, as specified by section 3323.04 of the Revised	28546
Code and in accordance with standards adopted by the state board,	28547
for an individualized education program for each child with a	28548
disability who is at least three years of age and less than	28549
twenty-two years of age residing within the district;	28550

(5) Provide, as specified by section 3323.02 of the Revised	28551
Code and in accordance with standards established by the state	28552
board, for special education and related services and a free	28553
appropriate public education for every child with a disability who	28554
is at least three years of age and less than twenty-two years of	28555
age, including children with disabilities who have been suspended	28556
or expelled from school;	28557

(6) Provide procedural safeguards and prior written notice as	28558
required under section 3323.05 of the Revised Code and the	28559
standards established by the state board;	28560

(7) Outline the steps that have been or are being taken to	28561
comply with standards established by the state board.	28562

(B)(1) A school district may arrange, by a cooperative	28563
agreement or contract with one or more school districts or with a	28564
cooperative education or joint vocational school district or an	28565
educational service center, to provide for the identification,	28566
location, and evaluation of children with disabilities, and to	28567
provide special education and related services for such children	28568
that meet the standards established by the state board. A school	28569
district may arrange, by a cooperative agreement or contract, for	28570
the provision of related services for children with disabilities	28571
that meet the standards established by the state board.	28572

(2) A school district shall arrange by interagency agreement	28573
with one or more school districts or with a cooperative education	28574
or joint vocational school district or an educational service	28575
center or other providers of early learning services to provide	28576
for the identification, location, evaluation of children with	28577
disabilities of ages birth through five years of age and for the	28578
transition of children with disabilities at age three in	28579
accordance with the standards established by the state board. A	28580
school district may arrange by interagency agreement with	28581
providers of early learning services to provide special education	28582
and related services for such children that meet the standards	28583
established by the state board.	28584

(3) If at the time an individualized education program is	28585
developed for a child a school district is not providing special	28586
education and related services required by that individualized	28587
education program, the school district may arrange by contract	28588
with a nonpublic entity for the provision of the special education	28589
and related services, provided the special education and related	28590
services meet the standards for special education and related	28591
services established by the state board and is provided within the	28592
state.	28593

(4) Any cooperative agreement or contract under division	28594
(B)(1) or (2) of this section involving a local school district	28595
shall be approved by the governing board of the educational	28596
service center which serves that district.	28597

(C) No plan of a local school district shall be submitted to	28598
the superintendent of public instruction until it has been	28599
approved by the superintendent of the educational service center	28600
which serves that district.	28601

(D) Upon approval of a school district's plan by the	28602
superintendent of public instruction, the district shall	28603
immediately certify students for state funds under section 3317.03	28604
of the Revised Code to implement and maintain such plan. The	28605
district also shall request approval of classroom units under	28606
division (B) of section 3317.05 of the Revised Code for which the	28607
district has adequately identified preschool children with	28608
disabilities and shall, in accordance with procedures adopted by	28609
the state board, request approval of units under division (C) of	28610
section 3317.05 of the Revised Code. The district shall, in	28611
accordance with guidelines adopted by the state board, identify	28612
problems relating to the provision of qualified personnel and	28613
adequate facilities, and indicate the extent to which the cost of	28614
programs required under the plan will exceed anticipated state	28615
reimbursement. Each school district shall immediately implement	28616
the identification, location, and evaluation of children with	28617
disabilities in accordance with this chapter, and shall implement	28618
those parts of the plan involving placement and provision of	28619
special education and related services.	28620

Sec. 3323.09. (A) As used in this section:

28621

(1) "Home" has the meaning given in section 3313.64 of the	28622
Revised Code;.	28623

(2) "Preschool child" means a child who is at least age three	28624
but under age six on the thirtieth day of September of an academic	28625
year.	28626

(B) Each county MR/DD board shall establish special education	28627
programs for all ~~handicapped~~ children with disabilities who in	28628
accordance with section 3323.04 of the Revised Code have been	28629
placed in special education programs operated by the county board	28630
and for preschool children who are developmentally delayed or at	28631
risk of being developmentally delayed. The board annually shall	28632
submit to the department of education a plan for the provision of	28633
these programs and, if applicable, a request for approval of units	28634
under section 3317.05 of the Revised Code. The superintendent of	28635
public instruction shall review the plan and approve or modify it	28636
in accordance with rules adopted by the state board of education	28637
under section 3301.07 of the Revised Code. The superintendent of	28638
public instruction shall compile the plans submitted by county	28639
boards and shall submit a comprehensive plan to the state board of	28640
~~education~~.	28641

A county MR/DD board may combine transportation for children	28642
enrolled in classes funded under section 3317.20 or units approved	28643
under section 3317.05 with transportation for children and adults	28644
enrolled in programs and services offered by the board under	28645
section 5126.12 of the Revised Code.	28646

(C) A county MR/DD board that during the school year provided	28647
special education pursuant to this section for any ~~mentally~~	28648
~~handicapped~~ child with mental disabilities under twenty-two years	28649
of age shall prepare and submit the following reports and	28650
statements:	28651

(1) The board shall prepare a statement for each child who at	28652
the time of receiving such special education was a resident of a	28653
home and was not in the legal or permanent custody of an Ohio	28654
resident or a government agency in this state, and whose natural	28655
or adoptive parents are not known to have been residents of this	28656
state subsequent to the child's birth. The statement shall contain	28657
the child's name, the name of the child's school district of	28658
residence, the name of the county board providing the special	28659
education, and the number of months, including any fraction of a	28660
month, it was provided. Not later than the thirtieth day of June,	28661
the board shall forward a certified copy of such statement to both	28662
the director of mental retardation and developmental disabilities	28663
and to the home.	28664

Within thirty days after its receipt of a statement, the home	28665
shall pay tuition to the county board computed in the manner	28666
prescribed by section 3323.141 of the Revised Code.	28667

(2) The board shall prepare a report for each school district	28668
that is the school district of residence of one or more of such	28669
children for whom statements are not required by division (C)(1)	28670
of this section. The report shall contain the name of the county	28671
board providing special education, the name of each child	28672
receiving special education, the number of months, including	28673
fractions of a month, that the child received it, and the name of	28674
the child's school district of residence. Not later than the	28675
thirtieth day of June, the board shall forward certified copies of	28676
each report to the school district named in the report, the	28677
superintendent of public instruction, and the director of mental	28678
retardation and developmental disabilities.	28679

Sec. 3323.091. (A) The department of mental health, the	28680
department of mental retardation and developmental disabilities,	28681
the department of youth services, and the department of	28682
rehabilitation and correction shall establish and maintain special	28683
education programs for ~~handicapped~~ children with disabilities in	28684
institutions under their jurisdiction according to standards	28685
adopted by the state board of education.	28686

(B) The superintendent of each state institution required to	28687
provide services under division (A) of this section, and each	28688
county MR/DD board, providing special education for ~~handicapped~~	28689
preschool children with disabilities under this chapter may apply	28690
to the state department of education for unit funding, which shall	28691
be paid in accordance with sections 3317.052 and 3317.053 of the	28692
Revised Code.	28693

The superintendent of each state institution required to	28694
provide services under division (A) of this section may apply to	28695
the department of education for special education and related	28696
services weighted funding for ~~handicapped~~ children with	28697
disabilities other than ~~handicapped~~ preschool children with	28698
disabilities, calculated in accordance with section 3317.201 of	28699
the Revised Code.	28700

Each county MR/DD board providing special education for	28701
~~handicapped~~ children with disabilities other than ~~handicapped~~	28702
preschool children with disabilities may apply to the department	28703
of education for base cost and special education and related	28704
services weighted funding calculated in accordance with section	28705
3317.20 of the Revised Code.	28706

(C) In addition to the authorization to apply for state	28707
funding described in division (B) of this section, each state	28708
institution required to provide services under division (A) of	28709
this section is entitled to tuition payments calculated in the	28710
manner described in division (C) of this section.	28711

On or before the thirtieth day of June of each year, the	28712
superintendent of each institution that during the school year	28713
provided special education pursuant to this section shall prepare	28714
a statement for each ~~handicapped~~ child with a disability under	28715
twenty-two years of age who has received special education. The	28716
statement shall contain the child's data verification code	28717
assigned pursuant to division (D)(2) of section 3301.0714 of the	28718
Revised Code and the name of the child's school district of	28719
residence. Within sixty days after receipt of such statement, the	28720
department of education shall perform one of the following:	28721

(1) For any child except a ~~handicapped~~ preschool child with a	28722
disability described in division (C)(2) of this section, pay to	28723
the institution submitting the statement an amount equal to the	28724
tuition calculated under division (A) of section 3317.08 of the	28725
Revised Code for the period covered by the statement, and deduct	28726
the same from the amount of state funds, if any, payable under	28727
sections 3317.022 and 3317.023 of the Revised Code, to the child's	28728
school district of residence or, if the amount of such state funds	28729
is insufficient, require the child's school district of residence	28730
to pay the institution submitting the statement an amount equal to	28731
the amount determined under this division.	28732

(2) For any ~~handicapped~~ preschool child with a disability not	28733
included in a unit approved under division (B) of section 3317.05	28734
of the Revised Code, perform the following:	28735

(a) Pay to the institution submitting the statement an amount	28736
equal to the tuition calculated under division (B) of section	28737
3317.08 of the Revised Code for the period covered by the	28738
statement, except that in calculating the tuition under that	28739
section the operating expenses of the institution submitting the	28740
statement under this section shall be used instead of the	28741
operating expenses of the school district of residence;	28742

(b) Deduct from the amount of state funds, if any, payable	28743
under sections 3317.022 and 3317.023 of the Revised Code to the	28744
child's school district of residence an amount equal to the amount	28745
paid under division (C)(2)(a) of this section.	28746

Sec. 3323.11. Each school district shall employ, as	28747
necessary, the personnel to meet the needs of the children with	28748
disabilities enrolled in its schools. Personnel shall possess	28749
appropriate qualifications and certificates or licenses as	28750
prescribed in rules of the state board of education. Teachers	28751
shall be "highly qualified," as that term is defined in section	28752
602(10) of the "Individuals with Disabilities Education	28753
Improvement Act of 2004," 20 U.S.C.1401(10).	28754

Sec. 3323.12. The board of education of a school district	28755
shall provide home instruction for ~~handicapped~~ children ~~three to~~	28756
~~twenty-one~~with disabilities who are at least three years of age	28757
and less than twenty-two years of age and who are unable to attend	28758
school, even with the help of special transportation. The board	28759
may arrange for the provision of home instruction for a child by a	28760
cooperative agreement or contract with a county MR/DD board of	28761
~~mental retardation and developmental disabilities~~ or other	28762
educational agency. For the purposes of determining formula ADM	28763
under section 3317.03 of the Revised Code, five hours of home	28764
instruction shall be equivalent to attendance for five school	28765
days.	28766

Sec. 3323.13. (A) If a child who is a school resident of one	28767
school district receives special education from another district,	28768
the board of education of the district providing the education,	28769
subject to division (C) of this section, may require the payment	28770
by the board of education of the district of residence of a sum	28771
not to exceed one of the following, as applicable:	28772

(1) For any child except a ~~handicapped~~ preschool child with a	28773
disability described in division (A)(2) of this section, the	28774
tuition of the district providing the education for a child of	28775
normal needs of the same school grade. The determination of the	28776
amount of such tuition shall be in the manner provided for by	28777
division (A) of section 3317.08 of the Revised Code.	28778

(2) For any ~~handicapped~~ preschool child with a disability not	28779
included in a unit approved under division (B) of section 3317.05	28780
of the Revised Code, the tuition of the district providing the	28781
education for the child as calculated under division (B) of	28782
section 3317.08 of the Revised Code.	28783

(B) The board of the district of residence may contract with	28784
the board of another district for the transportation of such child	28785
into any school in such other district, on terms agreed upon by	28786
such boards. Upon direction of the state board of education, the	28787
board of the district of residence shall pay for the child's	28788
transportation and the tuition.	28789

(C) The board of education of a district providing the	28790
education for a child shall be entitled to require payment from	28791
the district of residence under this section or section 3323.14 of	28792
the Revised Code only if the district providing the education has	28793
done at least one of the following:	28794

(1) Invited the district of residence to send representatives	28795
to attend the meetings of the team developing the child's	28796
individualized education program;	28797

(2) Received from the district of residence a copy of the	28798
individualized education program or a ~~multi-factored~~multifactored	28799
evaluation developed for the child by the district of residence;	28800

(3) Informed the district of residence in writing that the	28801
district is providing the education for the child.	28802

As used in division (C)(2) of this section, "~~multi-factored~~	28803
multifactored evaluation" means an evaluation, conducted by a	28804
~~multi-disciplinary~~multidisciplinary team, of more than one area	28805
of the child's functioning so that no single procedure shall be	28806
the sole criterion for determining an appropriate educational	28807
program placement for the child.	28808

Sec. 3323.14. This section does not apply to any ~~handicapped~~	28809
preschool child with a disability except if included in a unit	28810
approved under division (B) of section 3317.05 of the Revised	28811
Code.	28812

(A) Where a child who is a school resident of one school	28813
district receives special education from another district and the	28814
per capita cost to the educating district for that child exceeds	28815
the sum of the amount received by the educating district for that	28816
child under division (A) of section 3317.08 of the Revised Code	28817
and the amount received by the district from the state board of	28818
education for that child, then the board of education of the	28819
district of residence shall pay to the board of the school	28820
district that is providing the special education such excess cost	28821
as is determined by using a formula approved by the department of	28822
education and agreed upon in contracts entered into by the boards	28823
of the ~~district~~districts concerned at the time the district	28824
providing such special education accepts the child for enrollment.	28825
The department ~~of education~~ shall certify the amount of the	28826
payments under Chapter 3317. of the Revised Code for such	28827
~~handicapped~~ pupils with disabilities for each school year ending	28828
on the thirtieth day of July.	28829

(B) In the case of a child described in division (A) of this	28830
section who has been placed in a home, as defined in section	28831
3313.64 of the Revised Code, pursuant to the order of a court and	28832
who is not subject to section 3323.141 of the Revised Code, the	28833
district providing the child with special education and related	28834
services may charge to the child's district of residence the	28835
excess cost determined by formula approved by the department,	28836
regardless of whether the district of residence has entered into a	28837
contract with the district providing the services. If the district	28838
providing the services chooses to charge excess costs, the	28839
district may report the amount calculated under this division to	28840
the department.	28841

(C) If a district providing special education for a child	28842
reports an amount for the excess cost of those services, as	28843
authorized and calculated under division (A) or (B) of this	28844
section, the department shall pay that amount of excess cost to	28845
the district providing the services and shall deduct that amount	28846
from the child's district of residence in accordance with division	28847
(N) of section 3317.023 of the Revised Code.	28848

Sec. 3323.141. (A) When a child who is not in the legal or	28849
permanent custody of an Ohio resident or a government agency in	28850
this state and whose natural or adoptive parents are not known to	28851
have been residents of this state subsequent to the child's birth	28852
is a resident of a home as defined in section 3313.64 of the	28853
Revised Code and receives special education and related services	28854
from a school district or county MR/DD board ~~of mental retardation~~	28855
~~and developmental disabilities~~, the home shall pay tuition to the	28856
board providing the special education.	28857

(B) In the case of a child described in division (A) of this	28858
section who receives special education and related services from a	28859
school district, tuition shall be the amount determined under	28860
division (B)(1) or (2) of this section.	28861

(1) For a child other than a child described in division	28862
(B)(2) of this section the tuition shall be an amount equal to the	28863
sum of the following:	28864

(a) Tuition as determined in the manner provided for by	28865
division (B) of section 3317.081 of the Revised Code for the	28866
district that provides the special education;	28867

(b) Such excess cost as is determined by using a formula	28868
established by rule of the department of education. The excess	28869
cost computed in this section shall not be used as excess cost	28870
computed under section 3323.14 of the Revised Code.	28871

(2) For a child who is a ~~handicapped~~ preschool child with a	28872
disability not included in a unit approved under division (B) of	28873
section 3317.05 of the Revised Code, the tuition shall be computed	28874
as follows:	28875

(a) Determine the amount of the tuition of the district	28876
providing the education for the child as calculated under division	28877
(B) of section 3317.08 of the Revised Code;	28878

(b) For each type of special education service included in	28879
the computation of the amount of tuition under division (B)(2)(a)	28880
of this section, divide the amount determined for that computation	28881
under division (B)(2) of section 3317.08 of the Revised Code by	28882
the total number of ~~handicapped~~ preschool children with	28883
disabilities used for that computation under division (B)(3) of	28884
section 3317.08 of the Revised Code;	28885

(c) Determine the sum of the quotients obtained under	28886
division (B)(2)(b) of this section;	28887

(d) Determine the sum of the amounts determined under	28888
divisions (B)(2)(a) and (c) of this section.	28889

(C) In the case of a child described in division (A) of this	28890
section who receives special education and related services from a	28891
county MR/DD board ~~of mental retardation and developmental~~	28892
~~disabilities~~, tuition shall be the amount determined under	28893
division (C)(1) or (2) of this section.	28894

(1) For a child other than a child described in division	28895
(C)(2) of this section, the tuition shall be an amount equal to	28896
such board's per capita cost of providing special education and	28897
related services for children at least three but less than	28898
twenty-two years of age as determined by using a formula	28899
established by rule of the department of mental retardation and	28900
developmental disabilities.	28901

(2) For a child who is a ~~handicapped~~ preschool child with a	28902
disability not included in a unit approved under division (B) of	28903
section 3317.05 of the Revised Code, the tuition shall equal the	28904
sum of the amounts of each such board's per capita cost of	28905
providing each of the special education or related service that	28906
the child receives. The calculation of tuition shall be made by	28907
using a formula established by rule of the department of mental	28908
retardation and developmental disabilities. The formula for the	28909
calculation of per capita costs under division (C)(2) of this	28910
section shall be based only on each such MR/DD board's cost of	28911
providing each type of special education or related service to	28912
~~handicapped~~ preschool children with disabilities not included in a	28913
unit approved under division (B) of section 3317.05 of the Revised	28914
Code.	28915

(D) If a home fails to pay the tuition required under this	28916
section, the board of education or county MR/DD board ~~of mental~~	28917
~~retardation and developmental disabilities~~ providing the education	28918
may recover in a civil action the tuition and the expenses	28919
incurred in prosecuting the action, including court costs and	28920
reasonable attorney's fees. If the prosecuting attorney or city	28921
director of law represents the board in such action, costs and	28922
reasonable attorney's fees awarded by the court, based upon the	28923
time spent preparing and presenting the case by the prosecuting	28924
attorney, director, or a designee of either, shall be deposited in	28925
the county or city general fund.	28926

Sec. 3323.142. This section does not apply to any	28927
~~handicapped~~ preschool child with a disability except if included	28928
in a unit approved under division (B) of section 3317.05 of the	28929
Revised Code.	28930

As used in this section, "per pupil amount" for a ~~handicapped~~	28931
preschool child with a disability included in such an approved	28932
unit means the amount determined by dividing the amount received	28933
for the classroom unit in which the child has been placed by the	28934
number of children in the unit. For any other child, "per pupil	28935
amount" means the amount paid for the child under section 3317.20	28936
of the Revised Code.	28937

When a school district places or has placed a child with a	28938
county MR/DD board for special education, but another district is	28939
responsible for tuition under section 3313.64 or 3313.65 of the	28940
Revised Code and the child is not a resident of the territory	28941
served by the county MR/DD board, the board may charge the	28942
district responsible for tuition with the educational costs in	28943
excess of the per pupil amount received by the board under Chapter	28944
3317. of the Revised Code. The amount of the excess cost shall be	28945
determined by the formula established by rule of the department of	28946
education under section 3323.14 of the Revised Code, and the	28947
payment for such excess cost shall be made by the school district	28948
directly to the county MR/DD board.	28949

A school district board of education and the county MR/DD	28950
board that serves the school district may negotiate and contract,	28951
at or after the time of placement, for payments by the board of	28952
education to the county MR/DD board for additional services	28953
provided to a child placed with the county MR/DD board and whose	28954
individualized education program established pursuant to section	28955
3323.08 of the Revised Code requires additional services that are	28956
not routinely provided children in the county MR/DD board's	28957
program but are necessary to maintain the child's enrollment and	28958
participation in the program. Additional services may include, but	28959
are not limited to, specialized supplies and equipment for the	28960
benefit of the child and instruction, training, or assistance	28961
provided by staff members other than staff members for which	28962
funding is received under Chapter 3317. of the Revised Code.	28963

Sec. 3323.143. If a ~~handicapped child's~~child with a	28964
disability's custodial parent has made a unilateral placement of	28965
the child, the parent shall be responsible for payment of tuition	28966
to the program or facility the child is attending as a result of	28967
that placement as long as the district of residence has offered a	28968
free appropriate public education to that child. As used in this	28969
section, "unilateral placement" means withdrawing a ~~handicapped~~	28970
child with a disability from a program or facility operated by the	28971
district of residence or from a program or facility with which the	28972
district of residence has arranged for education of the child and	28973
instead enrolling that child in another program or facility that	28974
is not a home, as defined in section 3313.64 of the Revised Code,	28975
or that is not a facility or program available to the child	28976
pursuant to an open enrollment policy under section 3313.98 or	28977
3313.983 of the Revised Code.	28978

Sec. 3323.15. The state board of education may arrange to	28979
pay to any board of education, the board for any ~~handicapped~~	28980
children with disabilities who are not residents of the district	28981
but for whom the district is providing special education. Payments	28982
shall be made in accordance with rules and standards of the state	28983
board of education.	28984

Sec. 3323.17. The department of education shall:

28985

(A) Provide supervision and technical assistance to school	28986
districts in all accepted methods of educating ~~handicapped~~	28987
children with disabilities who ~~are deaf or hard of hearing~~have	28988
hearing impairments, including the oral, manual, and total	28989
communication methods, with no demonstrable bias toward any one	28990
method over another;	28991

(B) Consult with employees of school districts and chartered	28992
nonpublic schools who confer with the parents of ~~deaf or hard of~~	28993
hearing ~~handicapped~~impaired children about ~~such~~their children's	28994
education;	28995

(C) Consult with chartered nonpublic schools and consult with	28996
and provide technical assistance to school districts that are or	28997
may be interested in integrating sign language into their	28998
curricula and that offer or may be interested in offering American	28999
sign language as a foreign language;	29000

(D) Consult with school districts and chartered nonpublic	29001
schools that use interpreters in classrooms and with any other	29002
interested school districts or chartered nonpublic schools about	29003
how to obtain the best interpreters and how interpreters can	29004
improve their skills.	29005

Sec. 3323.18. If any special education program provided	29006
pursuant to this chapter or Chapter 3325. of the Revised Code	29007
serves a student with a visual ~~disability~~impairment for whom	29008
instruction in braille reading and writing is specified as	29009
appropriate pursuant to division (A)(2) of section 3323.011 of the	29010
Revised Code, the entity providing the program shall integrate the	29011
use of braille reading and writing into the student's entire	29012
curriculum and other classroom activities in such a manner that	29013
braille reading and writing becomes an effective learning tool for	29014
the student.	29015

Sec. 3323.20. On July 1, 2006, and on each first day of July	29016
thereafter, the department of education shall electronically	29017
report to the general assembly the number of ~~handicapped~~ preschool	29018
children with disabilities who received services for which the	29019
department made a payment to any provider during the previous	29020
fiscal year, disaggregated according to each area of developmental	29021
deficiency identified by the department for the evaluation of such	29022
children.	29023

Sec. 3323.30. The Ohio center for autism and low incidence	29024
is hereby established within the department of education's office	29025
for exceptional children, or any successor of that office. The	29026
center shall administer programs and coordinate services for	29027
infants, preschool and school-age children, and adults with autism	29028
and low incidence disabilities. The center's principal focus shall	29029
be programs and services for persons with autism. The center shall	29030
be under the direction of an executive director, appointed by the	29031
superintendent of public instruction in consultation with the	29032
advisory board established under section 3323.31 of the Revised	29033
Code. The department shall use state and federal funds	29034
appropriated to the department for operation of the center.	29035

As used in this section and in sections 3323.31 to 3323.33 of	29036
the Revised Code, "autism and low incidence disabilities" includes	29037
any of the following:	29038

(A) Autism;

29039

(B) ~~Deafness or hearing handicap~~Hearing impairment;

29040

29041

(D) Orthopedic ~~handicap~~disability;

29042

(E) Other health ~~handicap~~impairment;

29043

(F) Traumatic brain injury;

29044

(G) Visual ~~disability~~impairment.

29045

Sec. 3325.011. Subject to the regulations adopted by the	29046
state board of education, the state school for the deaf shall be	29047
open to receive persons who are deaf, partially deaf, and both	29048
blind and deaf residents of this state, who, in the judgment of	29049
the superintendent of public instruction and the superintendent of	29050
the school for the deaf, due to such ~~handicap~~disability, cannot	29051
be educated in the public school system and are suitable persons	29052
to receive instructions according to the methods employed in such	29053
school. The superintendent of the school for the deaf may pay the	29054
expenses necessary for the instruction of children who are both	29055
blind and deaf, who are resident of this state, in any suitable	29056
institution.	29057

Sec. 3325.02. Subject to the regulations adopted by the	29058
state board of education, the state school for the blind shall be	29059
open to receive such blind and partially blind persons, residents	29060
of this state, who, in the judgment of the superintendent of	29061
public instruction and the superintendent of the school for the	29062
blind, due to such ~~handicap~~disability, cannot be educated in the	29063
public school system and are suitable persons to receive	29064
instructions according to the methods employed in such school.	29065

Sec. 3327.01. Notwithstanding division (D) of section	29066
3311.19 and division (D) of section 3311.52 of the Revised Code,	29067
this section and sections 3327.011, 3327.012, and 3327.02 of the	29068
Revised Code do not apply to any joint vocational or cooperative	29069
education school district.	29070

In all city, local, and exempted village school districts	29071
where resident school pupils in grades kindergarten through eight	29072
live more than two miles from the school for which the state board	29073
of education prescribes minimum standards pursuant to division (D)	29074
of section 3301.07 of the Revised Code and to which they are	29075
assigned by the board of education of the district of residence or	29076
to and from the nonpublic or community school which they attend	29077
the board of education shall provide transportation for such	29078
pupils to and from such school except as provided in section	29079
3327.02 of the Revised Code.	29080

In all city, local, and exempted village school districts	29081
where pupil transportation is required under a career-technical	29082
plan approved by the state board of education under section	29083
3313.90 of the Revised Code, for any student attending a	29084
career-technical program operated by another school district,	29085
including a joint vocational school district, as prescribed under	29086
that section, the board of education of the student's district of	29087
residence shall provide transportation from the public high school	29088
operated by that district to which the student is assigned to the	29089
career-technical program.	29090

In all city, local, and exempted village school districts the	29091
board may provide transportation for resident school pupils in	29092
grades nine through twelve to and from the high school to which	29093
they are assigned by the board of education of the district of	29094
residence or to and from the nonpublic or community high school	29095
which they attend for which the state board of education	29096
prescribes minimum standards pursuant to division (D) of section	29097
3301.07 of the Revised Code.	29098

A board of education shall not be required to transport	29099
elementary or high school pupils to and from a nonpublic or	29100
community school where such transportation would require more than	29101
thirty minutes of direct travel time as measured by school bus	29102
from the public school building to which the pupils would be	29103
assigned if attending the public school designated by the district	29104
of residence.	29105

Where it is impractical to transport a pupil by school	29106
conveyance, a board of education may offer payment, in lieu of	29107
providing such transportation in accordance with section 3327.02	29108
of the Revised Code.	29109

In all city, local, and exempted village school districts the	29110
board shall provide transportation for all children who are so	29111
~~crippled~~disabled that they are unable to walk to and from the	29112
school for which the state board of education prescribes minimum	29113
standards pursuant to division (D) of section 3301.07 of the	29114
Revised Code and which they attend. In case of dispute whether the	29115
child is able to walk to and from the school, the health	29116
commissioner shall be the judge of such ability. In all city,	29117
exempted village, and local school districts the board shall	29118
provide transportation to and from school or special education	29119
classes for educable mentally retarded children in accordance with	29120
standards adopted by the state board of education.	29121

When transportation of pupils is provided the conveyance	29122
shall be run on a time schedule that shall be adopted and put in	29123
force by the board not later than ten days after the beginning of	29124
the school term.	29125

The cost of any transportation service authorized by this	29126
section shall be paid first out of federal funds, if any,	29127
available for the purpose of pupil transportation, and secondly	29128
out of state appropriations, in accordance with regulations	29129
adopted by the state board of education.	29130

No transportation of any pupils shall be provided by any	29131
board of education to or from any school which in the selection of	29132
pupils, faculty members, or employees, practices discrimination	29133
against any person on the grounds of race, color, religion, or	29134
national origin.	29135

Sec. 3327.05. (A) Except as provided in division (B) of this	29136
section, no board of education of any school district shall	29137
provide transportation for any pupil who is a school resident of	29138
another school district unless the pupil is enrolled pursuant to	29139
section 3313.98 of the Revised Code or the board of the other	29140
district has given its written consent thereto. If the board of	29141
any school district files with the state board of education a	29142
written complaint that transportation for resident pupils is being	29143
provided by the board of another school district contrary to this	29144
division, the state board of education shall make an investigation	29145
of such complaint. If the state board of education finds that	29146
transportation is being provided contrary to this section, it may	29147
withdraw from state funds due the offending district any part of	29148
the amount that has been approved for transportation pursuant to	29149
division (D) of section 3317.022 of the Revised Code.	29150

(B) Notwithstanding division (D) of section 3311.19 and	29151
division (D) of section 3311.52 of the Revised Code, this division	29152
does not apply to any joint vocational or cooperative education	29153
school district.	29154

A board of education may provide transportation to and from	29155
the nonpublic ~~high~~ school of attendance if both of the following	29156
apply:	29157

(1) The parent, guardian, or other person in charge of the	29158
pupil agrees to pay the board for all costs incurred in providing	29159
the transportation that are not reimbursed pursuant to Chapter	29160
3317. of the Revised Code;	29161

(2) The pupil's school district of residence does not provide	29162
transportation for public school pupils of the same grade as the	29163
pupil being transported under this division, or that district is	29164
not required under section 3327.01 of the Revised Code to	29165
transport the pupil to and from the nonpublic school because the	29166
direct travel time to the nonpublic school is more than thirty	29167
minutes.	29168

Upon receipt of the request to provide transportation, the	29169
board shall review the request and determine whether the board	29170
will accommodate the request. If the board agrees to transport the	29171
pupil, the board may transport the pupil to and from the nonpublic	29172
school and a collection point in the district, as determined by	29173
the board. If the board transports the pupil, the board may	29174
include the pupil in the district's transportation ADM reported to	29175
the department of education under section 3317.03 of the Revised	29176
Code and, accordingly, may receive a state payment under division	29177
(D) of section 3317.022 of the Revised Code for transporting the	29178
pupil.	29179

If the board declines to transport the pupil, the board, in a	29180
written communication to the parent, guardian, or other person in	29181
charge of the pupil, shall state the reasons for declining the	29182
request.	29183

Sec. 3327.16. Notwithstanding division (D) of section	29184
3311.19 and division (D) of section 3311.52 of the Revised Code,	29185
this section does not apply to any joint vocational or cooperative	29186
education school district or its superintendent.	29187

(A) The superintendent of each school district may establish	29188
a volunteer bus rider assistance program, under which qualified	29189
adults or responsible older pupils, as determined by the	29190
superintendent, may be authorized to ride on school buses with	29191
pupils during such periods of time that the buses are being used	29192
to transport pupils to and from schools. Volunteers shall not be	29193
compensated for their services, but older pupils may be excused	29194
early from school to participate in the program.	29195

Volunteers may be assigned duties or responsibilities by the	29196
superintendent, including but not limited to, assisting younger	29197
pupils in embarking and disembarking from buses and in crossing	29198
streets where necessary to ensure the safety of the pupil, aiding	29199
the driver of the bus to maintain order on buses, assisting	29200
~~handicapped~~ pupils with disabilities, and such other activities as	29201
the superintendent determines will aid in the safe and efficient	29202
transportation of pupils.	29203

Volunteers serving under this section are not employees for	29204
purposes of Chapter 4117. or 4123. of the Revised Code. Nothing in	29205
this section shall authorize a board of education to adversely	29206
affect the employment of any employee of the board.	29207

(B) The board of education of each city, local, or exempted	29208
village school district shall present a program to all pupils in	29209
kindergarten through third grade who are offered school bus	29210
transportation and who have not previously attended such program.	29211
The program shall consist of instruction in bus rider behavior,	29212
school bus safety, and the potential problems and hazards	29213
associated with school bus ridership. The department of education	29214
shall prescribe the content and length of such program, which	29215
shall be presented within two weeks after the commencement of	29216
classes each school year.	29217

Sec. 3327.17. The department of development shall establish a	29218
biodiesel school bus program under which the director of	29219
development shall make grants to school districts that use	29220
biodiesel fuel for pupil transportation to help offset incremental	29221
costs incurred by using biodiesel instead of one hundred per cent	29222
petroleum diesel.	29223

As used in this section, "biodiesel" has the same meaning as	29224
in section 122.075 of the Revised Code.	29225

Sec. 3333.04. The chancellor of the Ohio board of regents	29226
shall:	29227

(A) Make studies of state policy in the field of higher	29228
education and formulate a master plan for higher education for the	29229
state, considering the needs of the people, the needs of the	29230
state, and the role of individual public and private institutions	29231
within the state in fulfilling these needs;	29232

(B)(1) Report annually to the governor and the general	29233
assembly on the findings from the chancellor's studies and the	29234
master plan for higher education for the state;	29235

(2) Report at least semiannually to the general assembly and	29236
the governor the enrollment numbers at each state-assisted	29237
institution of higher education.	29238

(C) Approve or disapprove the establishment of new branches	29239
or academic centers of state colleges and universities;	29240

(D) Approve or disapprove the establishment of state	29241
technical colleges or any other state institution of higher	29242
education;	29243

(E) Recommend the nature of the programs, undergraduate,	29244
graduate, professional, state-financed research, and public	29245
services which should be offered by the state colleges,	29246
universities, and other state-assisted institutions of higher	29247
education in order to utilize to the best advantage their	29248
facilities and personnel;	29249

(F) Recommend to the state colleges, universities, and other	29250
state-assisted institutions of higher education graduate or	29251
professional programs, including, but not limited to, doctor of	29252
philosophy, doctor of education, and juris doctor programs, that	29253
could be eliminated because they constitute unnecessary	29254
duplication, as shall be determined using the process developed	29255
pursuant to this division, or for other good and sufficient cause.	29256
Prior to recommending a program for elimination, the chancellor	29257
shall request the board of regents to hold at least one public	29258
hearing on the matter and advise the chancellor on whether the	29259
program should be recommended for elimination. The board shall	29260
provide notice of each hearing within a reasonable amount of time	29261
prior to its scheduled date. Following the hearing, the board	29262
shall issue a recommendation to the chancellor. The chancellor	29263
shall consider the board's recommendation but shall not be	29264
required to accept it.	29265

For purposes of determining the amounts of any state	29266
instructional subsidies paid to state colleges, universities, and	29267
other state-assisted institutions of higher education, the	29268
chancellor may exclude students enrolled in any program that the	29269
chancellor has recommended for elimination pursuant to this	29270
division except that the chancellor shall not exclude any such	29271
student who enrolled in the program prior to the date on which the	29272
chancellor initially commences to exclude students under this	29273
division.	29274

The chancellor and state colleges, universities, and other	29275
state-assisted institutions of higher education shall jointly	29276
develop a process for determining which existing graduate or	29277
professional programs constitute unnecessary duplication.	29278

(G) Recommend to the state colleges, universities, and other	29279
state-assisted institutions of higher education programs which	29280
should be added to their present programs;	29281

(H) Conduct studies for the state colleges, universities, and	29282
other state-assisted institutions of higher education to assist	29283
them in making the best and most efficient use of their existing	29284
facilities and personnel;	29285

(I) Make recommendations to the governor and general assembly	29286
concerning the development of state-financed capital plans for	29287
higher education; the establishment of new state colleges,	29288
universities, and other state-assisted institutions of higher	29289
education; and the establishment of new programs at the existing	29290
state colleges, universities, and other institutions of higher	29291
education;	29292

(J) Review the appropriation requests of the public community	29293
colleges and the state colleges and universities and submit to the	29294
office of budget and management and to the chairpersons of the	29295
finance committees of the house of representatives and of the	29296
senate the chancellor's recommendations in regard to the biennial	29297
higher education appropriation for the state, including	29298
appropriations for the individual state colleges and universities	29299
and public community colleges. For the purpose of determining the	29300
amounts of instructional subsidies to be paid to state-assisted	29301
colleges and universities, the chancellor shall define "full-time	29302
equivalent student" by program per academic year. The definition	29303
may take into account the establishment of minimum enrollment	29304
levels in technical education programs below which support	29305
allowances will not be paid. Except as otherwise provided in this	29306
section, the chancellor shall make no change in the definition of	29307
"full-time equivalent student" in effect on November 15, 1981,	29308
which would increase or decrease the number of subsidy-eligible	29309
full-time equivalent students, without first submitting a fiscal	29310
impact statement to the president of the senate, the speaker of	29311
the house of representatives, the legislative service commission,	29312
and the director of budget and management. The chancellor shall	29313
work in close cooperation with the director of budget and	29314
management in this respect and in all other matters concerning the	29315
expenditures of appropriated funds by state colleges,	29316
universities, and other institutions of higher education.	29317

(K) Seek the cooperation and advice of the officers and	29318
trustees of both public and private colleges, universities, and	29319
other institutions of higher education in the state in performing	29320
the chancellor's duties and making the chancellor's plans,	29321
studies, and recommendations;	29322

(L) Appoint advisory committees consisting of persons	29323
associated with public or private secondary schools, members of	29324
the state board of education, or personnel of the state department	29325
of education;	29326

(M) Appoint advisory committees consisting of college and	29327
university personnel, or other persons knowledgeable in the field	29328
of higher education, or both, in order to obtain their advice and	29329
assistance in defining and suggesting solutions for the problems	29330
and needs of higher education in this state;	29331

(N) Approve or disapprove all new degrees and new degree	29332
programs at all state colleges, universities, and other	29333
state-assisted institutions of higher education;	29334

(O) Adopt such rules as are necessary to carry out the	29335
chancellor's duties and responsibilities. The rules shall	29336
prescribe procedures for the chancellor to follow when taking	29337
actions associated with the chancellor's duties and	29338
responsibilities and shall indicate which types of actions are	29339
subject to those procedures. The procedures adopted under this	29340
division shall be in addition to any other procedures prescribed	29341
by law for such actions. However, if any other provision of the	29342
Revised Code or rule adopted by the chancellor prescribes	29343
different procedures for such an action, the procedures adopted	29344
under this division shall not apply to that action to the extent	29345
they conflict with the procedures otherwise prescribed by law. The	29346
procedures adopted under this division shall include at least the	29347
following:	29348

(1) Provision for public notice of the proposed action;

29349

(2) An opportunity for public comment on the proposed action,	29350
which may include a public hearing on the action by the board of	29351
regents;	29352

(3) Methods for parties that may be affected by the proposed	29353
action to submit comments during the public comment period;	29354

(4) Submission of recommendations from the board of regents	29355
regarding the proposed action, at the request of the chancellor;	29356

(5) Written publication of the final action taken by the	29357
chancellor and the chancellor's rationale for the action;	29358

(6) A timeline for the process described in divisions (O)(1)	29359
to (5) of this section.	29360

(P) Establish and submit to the governor and the general	29361
assembly a clear and measurable set of goals and timetables for	29362
their achievement for each program under the chancellor's	29363
supervision that is designed to accomplish any of the following:	29364

(1) Increased access to higher education;

29365

(2) Job training;

29366

(3) Adult literacy;

29367

(4) Research;

29368

(5) Excellence in higher education;

29369

(6) Reduction in the number of graduate programs within the	29370
same subject area.	29371

In July of each odd-numbered year, the chancellor shall	29372
submit to the governor and the general assembly a report on	29373
progress made toward these goals.	29374

(Q) Make recommendations to the governor and the general	29375
assembly regarding the design and funding of the student financial	29376
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	29377
3333.27, and 5910.02 of the Revised Code;	29378

(R) Participate in education-related state or federal	29379
programs on behalf of the state and assume responsibility for the	29380
administration of such programs in accordance with applicable	29381
state or federal law;	29382

(S) Adopt rules for student financial aid programs as	29383
required by sections 3333.12, 3333.122, 3333.21 to 3333.27,	29384
3333.28, ~~3333.29,~~ and 5910.02 of the Revised Code, and perform any	29385
other administrative functions assigned to the chancellor by those	29386
sections;	29387

(T) Administer contracts under sections 3702.74 and 3702.75	29388
of the Revised Code in accordance with rules adopted by the	29389
director of health under section 3702.79 of the Revised Code;	29390

(U) Conduct enrollment audits of state-supported institutions	29391
of higher education;	29392

(V) Appoint consortiums of college and university personnel	29393
to participate in the development and operation of statewide	29394
collaborative efforts, including the Ohio supercomputer center,	29395
the Ohio academic resources network, OhioLink, and the Ohio	29396
learning network. For each consortium, the chancellor shall	29397
designate a college or university to serve as that consortium's	29398
fiscal agent, financial officer, and employer. Any funds	29399
appropriated for the consortiums shall be distributed to the	29400
fiscal agents for the operation of the consortiums. A consortium	29401
shall follow the rules of the college or university that serves as	29402
its fiscal agent.	29403

(W) Adopt rules establishing advisory duties and	29404
responsibilities of the board of regents not otherwise prescribed	29405
by law;	29406

(X) Respond to requests for information about higher	29407
education from members of the general assembly and direct staff to	29408
conduct research or analysis as needed for this purpose.	29409

Sec. 3333.122. (A) As used in this section:

29410

(1) "Eligible student" means a student who is:

29411

(a) An Ohio resident who first enrolls in an undergraduate	29412
program in the 2006-2007 academic year or thereafter;	29413

(b) ~~Enrolled~~If the student first enrolled in an	29414
undergraduate program in the 2006-2007 or 2007-2008 academic year,	29415
the student is enrolled in either of the following:	29416

(i) An accredited institution of higher education in this	29417
state that meets the requirements of Title VI of the Civil Rights	29418
Act of 1964 and is state-assisted, is nonprofit and has a	29419
certificate of authorization pursuant to Chapter 1713. of the	29420
Revised Code, has a certificate of registration from the state	29421
board of career colleges and schools and program authorization to	29422
award an associate or bachelor's degree, or is a private	29423
institution exempt from regulation under Chapter 3332. of the	29424
Revised Code as prescribed in section 3333.046 of the Revised	29425
Code. Students who attend an institution that holds a certificate	29426
of registration shall be enrolled in a program leading to an	29427
associate or bachelor's degree for which associate or bachelor's	29428
degree program the institution has program authorization issued	29429
under section 3332.05 of the Revised Code.	29430

(ii) A technical education program of at least two years	29431
duration sponsored by a private institution of higher education in	29432
this state that meets the requirements of Title VI of the Civil	29433
Rights Act of 1964.	29434

(c) If the student first enrolled in an undergraduate program	29435
after the 2007-2008 academic year, the student is enrolled in	29436
either of the following:	29437

(i) An accredited institution of higher education in this	29438
state that meets the requirements of Title VI of the Civil Rights	29439
Act of 1964 and is state-assisted, is nonprofit and has a	29440
certificate of authorization pursuant to Chapter 1713. of the	29441
Revised Code, or is a private institution exempt from regulation	29442
under Chapter 3332. of the Revised Code as prescribed in section	29443
3333.046 of the Revised Code;	29444

(ii) An education program of at least two years duration	29445
sponsored by a private institution of higher education in this	29446
state that meets the requirements of Title VI of the Civil Rights	29447
Act of 1964 and has a certificate of authorization pursuant to	29448
Chapter 1713. of the Revised Code.	29449

(2) A student who participated in either the early college	29450
high school program administered by the department of education or	29451
in the post-secondary enrollment options program pursuant to	29452
Chapter 3365. of the Revised Code before the 2006-2007 academic	29453
year shall not be excluded from eligibility for a needs-based	29454
financial aid grant under this section.	29455

(3) "Resident," "expected family contribution" or "EFC,"	29456
"full-time student," "three-quarters-time student," "half-time	29457
student," "one-quarter-time student," and "accredited" shall be	29458
defined by rules adopted by the chancellor of the Ohio board of	29459
regents.	29460

(B) The chancellor shall establish and administer a	29461
needs-based financial aid program based on the United States	29462
department of education's method of determining financial need and	29463
may adopt rules to carry out this section. The program shall be	29464
known as the Ohio college opportunity grant program. The general	29465
assembly shall support the needs-based financial aid program by	29466
such sums and in such manner as it may provide, but the chancellor	29467
may also receive funds from other sources to support the program.	29468
If the amounts available for support of the program are inadequate	29469
to provide grants to all eligible students, preference in the	29470
payment of grants shall be given in terms of expected family	29471
contribution, beginning with the lowest expected family	29472
contribution category and proceeding upward by category to the	29473
highest expected family contribution category.	29474

A needs-based financial aid grant shall be paid to an	29475
eligible student through the institution in which the student is	29476
enrolled, except that no needs-based financial aid grant shall be	29477
paid to any person serving a term of imprisonment. Applications	29478
for such grants shall be made as prescribed by the chancellor, and	29479
such applications may be made in conjunction with and upon the	29480
basis of information provided in conjunction with student	29481
assistance programs funded by agencies of the United States	29482
government or from financial resources of the institution of	29483
higher education. The institution shall certify that the student	29484
applicant meets the requirements set forth in divisions (A)(1)(a)	29485
and (b) of this section. Needs-based financial aid grants shall be	29486
provided to an eligible student only as long as the student is	29487
making appropriate progress toward a nursing diploma or an	29488
associate or bachelor's degree. No student shall be eligible to	29489
receive a grant for more than ten semesters, fifteen quarters, or	29490
the equivalent of five academic years. A grant made to an eligible	29491
student on the basis of less than full-time enrollment shall be	29492
based on the number of credit hours for which the student is	29493
enrolled and shall be computed in accordance with a formula	29494
adopted by the chancellor. No student shall receive more than one	29495
grant on the basis of less than full-time enrollment.	29496

A needs-based financial aid grant shall not exceed the total	29497
instructional and general charges of the institution.	29498

(C) The tables in this division prescribe the maximum grant	29499
amounts covering two semesters, three quarters, or a comparable	29500
portion of one academic year. Grant amounts for additional terms	29501
in the same academic year shall be determined under division (D)	29502
of this section.	29503

As used in the tables in division (C) of this section:

29504

(1) "Private institution" means an institution that is	29505
nonprofit and has a certificate of authorization pursuant to	29506
Chapter 1713. of the Revised Code.	29507

(2) "Career college" means either an institution that holds a	29508
certificate of registration from the state board of career	29509
colleges and schools or a private institution exempt from	29510
regulation under Chapter 3332. of the Revised Code as prescribed	29511
in section 3333.046 of the Revised Code.	29512

Full-time students shall be eligible to receive awards	29513
according to the following table:	29514

Full-Time Enrollment

29515

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:	29516
$2,101	$2,190	$300	$600	$480	29517
2,001	2,100	402	798	642	29518
1,901	2,000	498	1,002	798	29519
1,801	1,900	600	1,200	960	29520
1,701	1,800	702	1,398	1,122	29521
1,601	1,700	798	1,602	1,278	29522
1,501	1,600	900	1,800	1,440	29523
1,401	1,500	1,002	1,998	1,602	29524
1,301	1,400	1,098	2,202	1,758	29525
1,201	1,300	1,200	2,400	1,920	29526
1,101	1,200	1,302	2,598	2,082	29527
1,001	1,100	1,398	2,802	2,238	29528
901	1,000	1,500	3,000	2,400	29529
801	900	1,602	3,198	2,562	29530
701	800	1,698	3,402	2,718	29531
601	700	1,800	3,600	2,280	29532
501	600	1,902	3,798	3,042	29533
401	500	1,998	4,002	3,198	29534
301	400	2,100	4,200	3,360	29535
201	300	2,202	4,398	3,522	29536
101	200	2,298	4,602	3,678	29537
1	100	2,400	4,800	3,840	29538
0	0	2,496	4,992	3,996	29539

Three-quarters-time students shall be eligible to receive	29540
awards according to the following table:	29541

Three-Quarters-Time Enrollment

29542

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:	29543
$2,101	$2,190	$228	$450	$360	29544
2,001	2,100	300	600	480	29545
1,901	2,000	372	750	600	29546
1,801	1,900	450	900	720	29547
1,701	1,800	528	1,050	840	29548
1,601	1,700	600	1,200	960	29549
1,501	1,600	678	1,350	1,080	29550
1,401	1,500	750	1,500	1,200	29551
1,301	1,400	822	1,650	1,320	29552
1,201	1,300	900	1,800	1,440	29553
1,101	1,200	978	1,950	1,560	29554
1,001	1,100	1,050	2,100	1,680	29555
901	1,000	1,128	2,250	1,800	29556
801	900	1,200	2,400	1,920	29557
701	800	1,272	2,550	2,040	29558
601	700	1,350	2,700	2,160	29559
501	600	1,428	2,850	2,280	29560
401	500	1,500	3,000	2,400	29561
301	400	1,578	3,150	2,520	29562
201	300	1,650	3,300	2,640	29563
101	200	1,722	3,450	2,760	29564
1	100	1,800	3,600	2,880	29565
0	0	1,872	3,744	3,000	29566

Half-time students shall be eligible to receive awards	29567
according to the following table:	29568

Half-Time Enrollment

29569

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:	29570
$2,101	$2,190	$150	$300	$240	29571
2,001	2,100	204	402	324	29572
1,901	2,000	252	504	402	29573
1,801	1,900	300	600	480	29574
1,701	1,800	354	702	564	29575
1,601	1,700	402	804	642	29576
1,501	1,600	450	900	720	29577
1,401	1,500	504	1,002	804	29578
1,301	1,400	552	1,104	882	29579
1,201	1,300	600	1,200	960	29580
1,101	1,200	654	1,302	1,044	29581
1,001	1,100	702	1,404	1,122	29582
901	1,000	750	1,500	1,200	29583
801	900	804	1,602	1,284	29584
701	800	852	1,704	1,362	29585
601	700	900	1,800	1,440	29586
501	600	954	1,902	1,524	29587
401	500	1,002	2,004	1,602	29588
301	400	1,050	2,100	1,680	29589
201	300	1,104	2,202	1,764	29590
101	200	1,152	2,304	1,842	29591
1	100	1,200	2,400	1,920	29592
0	0	1,248	2,496	1,998	29593

One-quarter-time students shall be eligible to receive awards	29594
according to the following table:	29595

One-Quarter-Time Enrollment

29596

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:	29597
$2,101	$2,190	$78	$150	$120	29598
2,001	2,100	102	198	162	29599
1,901	2,000	126	252	198	29600
1,801	1,900	150	300	240	29601
1,701	1,800	174	348	282	29602
1,601	1,700	198	402	318	29603
1,501	1,600	228	450	360	29604
1,401	1,500	252	498	402	29605
1,301	1,400	276	552	438	29606
1,201	1,300	300	600	480	29607
1,101	1,200	324	648	522	29608
1,001	1,100	348	702	558	29609
901	1,000	378	750	600	29610
801	900	402	798	642	29611
701	800	426	852	678	29612
601	700	450	900	720	29613
501	600	474	948	762	29614
401	500	498	1,002	798	29615
301	400	528	1,050	840	29616
201	300	552	1,098	882	29617
101	200	576	1,152	918	29618
1	100	600	1,200	960	29619
0	0	624	1,248	1,002	29620

(D) For a full-time student enrolled in an eligible	29621
institution for a semester or quarter in addition to the portion	29622
of the academic year covered by a grant determined under division	29623
(C) of this section, the maximum grant amount shall be a	29624
percentage of the maximum prescribed in the applicable table of	29625
that division. The maximum grant for a fourth quarter shall be	29626
one-third of the maximum amount prescribed under that division.	29627
The maximum grant for a third semester shall be one-half of the	29628
maximum amount prescribed under that division.	29629

(E) No grant shall be made to any student in a course of	29630
study in theology, religion, or other field of preparation for a	29631
religious profession unless such course of study leads to an	29632
accredited bachelor of arts, bachelor of science, associate of	29633
arts, or associate of science degree.	29634

(F)(1) Except as provided in division (F)(2) of this section,	29635
no grant shall be made to any student for enrollment during a	29636
fiscal year in an institution with a cohort default rate	29637
determined by the United States secretary of education pursuant to	29638
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	29639
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	29640
preceding the fiscal year, equal to or greater than thirty per	29641
cent for each of the preceding two fiscal years.	29642

(2) Division (F)(1) of this section does not apply to the	29643
following:	29644

(a) Any student enrolled in an institution that under the	29645
federal law appeals its loss of eligibility for federal financial	29646
aid and the United States secretary of education determines its	29647
cohort default rate after recalculation is lower than the rate	29648
specified in division (F)(1) of this section or the secretary	29649
determines due to mitigating circumstances the institution may	29650
continue to participate in federal financial aid programs. The	29651
chancellor shall adopt rules requiring institutions to provide	29652
information regarding an appeal to the chancellor.	29653

(b) Any student who has previously received a grant under	29654
this section who meets all other requirements of this section.	29655

(3) The chancellor shall adopt rules for the notification of	29656
all institutions whose students will be ineligible to participate	29657
in the grant program pursuant to division (F)(1) of this section.	29658

(4) A student's attendance at an institution whose students	29659
lose eligibility for grants under division (F)(1) of this section	29660
shall not affect that student's eligibility to receive a grant	29661
when enrolled in another institution.	29662

(G) Institutions of higher education that enroll students	29663
receiving needs-based financial aid grants under this section	29664
shall report to the chancellor all students who have received	29665
needs-based financial aid grants but are no longer eligible for	29666
all or part of such grants and shall refund any moneys due the	29667
state within thirty days after the beginning of the quarter or	29668
term immediately following the quarter or term in which the	29669
student was no longer eligible to receive all or part of the	29670
student's grant. There shall be an interest charge of one per cent	29671
per month on all moneys due and payable after such thirty-day	29672
period. The chancellor shall immediately notify the office of	29673
budget and management and the legislative service commission of	29674
all refunds so received.	29675

Sec. 3333.201. The chancellor of the Ohio board of regents	29676
shall require any college or university that offers classes at a	29677
technical college that is co-located with a university branch to	29678
pay a share of the facility maintenance cost based proportionally	29679
on the number of students enrolled in classes offered by that	29680
college or university.	29681

Sec. 3333.36. ~~Provided~~If the chancellor determines that	29682
sufficient ~~unencumbered and unexpended~~ funds are available from	29683
general revenue fund appropriations made to the Ohio board of	29684
regents, the chancellor of the Ohio board of regents shall	29685
allocate upthe following:	29686

(A) Up to seventy thousand dollars in each fiscal year to	29687
make payments to the Columbus program in intergovernmental issues,	29688
an Ohio internship program at Kent state university, for	29689
scholarships of up to two thousand dollars for each student	29690
enrolled in the program~~. The~~;	29691

(B) Up to one hundred sixty-five thousand dollars in each	29692
fiscal year to make payments to the Washington center for	29693
scholarships provided to undergraduates of Ohio's four-year public	29694
and private institutions of higher education selected to	29695
participate in the Washington center internship program. The	29696
amount of a student's scholarship shall not exceed the amount	29697
specified for such scholarships in the biennial operating	29698
appropriations act.	29699

The chancellor may utilize any general revenue funds	29700
appropriated to the board of regents that the chancellor	29701
determines to be available for purposes of this section.	29702

Sec. 3333.38. (A) As used in this section:

29703

(1) "Institution of higher education" includes all of the	29704
following:	29705

(a) A state institution of higher education, as defined in	29706
section 3345.011 of the Revised Code;	29707

(b) A nonprofit institution issued a certificate of	29708
authorization under Chapter 1713. of the Revised Code;	29709

(c) A private institution exempt from regulation under	29710
Chapter 3332. of the Revised Code, as prescribed in section	29711
3333.046 of the Revised Code;	29712

(d) An institution of higher education with a certificate of	29713
registration from the state board of career colleges and schools	29714
under Chapter 3332. of the Revised Code.	29715

(2) "Student financial assistance supported by state funds"	29716
includes assistance granted under sections 3315.33, 3333.12,	29717
3333.122, 3333.21, 3333.26, 3333.27, 3333.28, ~~3333.29,~~ 3333.372,	29718
5910.03, 5910.032, and 5919.34 of the Revised Code or financed by	29719
an award under the choose Ohio first scholarship program	29720
established under section 3333.61 of the Revised Code and any	29721
other post-secondary student financial assistance supported by	29722
state funds.	29723

(B) An individual who is convicted of, pleads guilty to, or	29724
is adjudicated a delinquent child for one of the following	29725
violations shall be ineligible to receive any student financial	29726
assistance supported by state funds at an institution of higher	29727
education for two calendar years from the time the individual	29728
applies for assistance of that nature:	29729

(1) A violation of section 2917.02 or 2917.03 of the Revised	29730
Code;	29731

(2) A violation of section 2917.04 of the Revised Code that	29732
is a misdemeanor of the fourth degree;	29733

(3) A violation of section 2917.13 of the Revised Code that	29734
is a misdemeanor of the fourth or first degree and occurs within	29735
the proximate area where four or more others are acting in a	29736
course of conduct in violation of section 2917.11 of the Revised	29737
Code.	29738

(C) If an individual is convicted of, pleads guilty to, or is	29739
adjudicated a delinquent child for committing a violation of	29740
section 2917.02 or 2917.03 of the Revised Code, and if the	29741
individual is enrolled in a state-supported institution of higher	29742
education, the institution in which the individual is enrolled	29743
shall immediately dismiss the individual. No state-supported	29744
institution of higher education shall admit an individual of that	29745
nature for one academic year after the individual applies for	29746
admission to a state-supported institution of higher education.	29747
This division does not limit or affect the ability of a	29748
state-supported institution of higher education to suspend or	29749
otherwise discipline its students.	29750

Sec. 3333.50. The Ohio board of regents, in consultation with	29751
the governor and the department of development, shall develop a	29752
critical needs rapid response system to respond quickly to	29753
critical workforce shortages in the state. Not later than ninety	29754
days after a critical workforce shortage is identified, the	29755
chancellor of the board shall submit to the governor a proposal	29756
for addressing the shortage through initiatives of the board or	29757
institutions of higher education.	29758

Sec. 3333.55. (A) The health information and imaging	29759
technology workforce development pilot project is hereby	29760
established. Under the project, in fiscal years 2008 through 2010,	29761
the Ohio board of regents shall design and implement a three-year	29762
pilot program to test, in the vicinity of Clark, Greene, and	29763
Montgomery counties, how a P-16 public-private education and	29764
workforce development collaborative may address each of the	29765
following goals:	29766

(1) Increase the number of students taking and mastering	29767
high-level science, technology, engineering, or mathematics	29768
courses and pursuing careers in those subjects, in all demographic	29769
regions of the state;	29770

(2) Increase the number of students pursuing professional	29771
careers in health information and imaging technology upon	29772
receiving related technical education and professional experience,	29773
in all demographic regions of the state;	29774

(3) Unify efforts among schools, career centers,	29775
post-secondary programs, and employers in a region for career and	29776
workforce development, preservation, and public education.	29777

(B) The project shall focus on enhancing P-16 education and	29778
workforce development in the field of health information and	29779
imaging technology through such activities as increased academic	29780
intervention in related areas of study, after-school and summer	29781
intervention programs, tutoring, career and job fairs and other	29782
promotional and recruitment activities, externships, professional	29783
development, field trips, academic competitions, development of	29784
related specialized study modules, development of honors programs,	29785
and development and enhancement of dual high school and college	29786
enrollment programs.	29787

(C) Project participants shall include Clark-Shawnee local	29788
school district, Springfield city school district, Greene county	29789
career center, Clark state community college, Central state	29790
university, Wright state university, Cedarville university,	29791
Wittenberg university, the university of Dayton, and private	29792
employers in the health information and imaging technology	29793
industry in the vicinity of Clark, Greene, and Montgomery	29794
counties, selected by the board of regents.	29795

For the third year of the project, the board of regents may	29796
add as participants the Dayton city school district and Xenia city	29797
school district.	29798

(D) Wittenberg university shall be the lead coordinating	29799
agent and Clark state community college shall be the fiscal agent	29800
for the project.	29801

(E) The board of regents shall create an advisory council	29802
made up of representatives of the participating entities to	29803
coordinate, monitor, and evaluate the project. The advisory	29804
council shall submit an annual activity report to the board of	29805
regents by a date specified by the board of regents.	29806

Sec. 3333.60. As used in sections 3333.61 to 3333.70 of the	29807
Revised Code:	29808

(A) "State university or college" has the same meaning as in	29809
section 3345.12 of the Revised Code.	29810

(B) "State institution of higher education" has the same	29811
meaning as in section 3345.011 of the Revised Code.	29812

Sec. 3333.61. The chancellor of the Ohio board of regents	29813
shall establish and administer the Ohio innovation partnership,	29814
which shall consist of the choose Ohio first scholarship program	29815
and the Ohio research scholars program. Under the programs, the	29816
chancellor, subject to approval by the controlling board, shall	29817
award grants to state universities or colleges for programs and	29818
initiatives that recruit students and scientists in the fields of	29819
science, technology, engineering, mathematics, and medicine to	29820
state universities or colleges, in order to enhance regional	29821
educational and economic strengths and meet the needs of the	29822
state's regional economies. Grants may be awarded for programs and	29823
initiatives to be implemented by a state university or college	29824
alone or in collaboration with other state institutions of higher	29825
education, nonpublic Ohio universities and colleges, or other	29826
public or private Ohio entities.	29827

The choose Ohio first scholarship program shall award grants	29828
to state universities and colleges to establish scholarships,	29829
fellowships, grants, or other monetary or nonmonetary incentives	29830
to recruit Ohio residents as undergraduate or graduate students in	29831
the fields of science, technology, engineering, mathematics, and	29832
medicine, or in science, technology, engineering, mathematics, or	29833
medical education. Each state university or college receiving a	29834
grant under the choose Ohio first scholarship program shall award	29835
one hundred per cent of the grant amount in the form of	29836
scholarships, fellowships, grants, or other monetary or	29837
nonmonetary incentives to students, and shall not use any amount	29838
of the grant for administration.	29839

The Ohio research scholars program shall award grants to be	29840
deposited into new or existing endowment funds of state	29841
universities and colleges for use in recruiting scientists to	29842
their faculties.	29843

The chancellor shall adopt rules in accordance with Chapter	29844
119. of the Revised Code to administer the programs.	29845

Sec. 3333.62. The chancellor of the Ohio board of regents	29846
shall establish a competitive process for making awards under the	29847
choose Ohio first scholarship program and the Ohio research	29848
scholars program. The chancellor, on completion of that process,	29849
shall make a recommendation to the controlling board asking for	29850
approval to award each grant selected by the chancellor.	29851

Any state university or college may apply for one or more	29852
awards under one or both programs. Each university or college	29853
shall submit a proposal and other documentation required by the	29854
chancellor, in the form and manner prescribed by the chancellor,	29855
for each award it seeks. A proposal may propose an initiative to	29856
be implemented solely by the state university or college or in	29857
collaboration with other state institutions of higher education,	29858
nonpublic Ohio universities or colleges, or other public or	29859
nonpublic Ohio entities. A single proposal may seek an award under	29860
one or both programs.	29861

The chancellor shall determine which proposals will receive	29862
awards each fiscal year, and the amount of each award, on the	29863
basis of the merit of each proposal, which the chancellor, subject	29864
to approval by the controlling board, shall determine based on one	29865
or more of the following criteria:	29866

(A) The quality of the program that is the subject of the	29867
proposal and the extent to which additional resources will enhance	29868
its quality;	29869

(B) The extent to which the proposal is integrated with the	29870
strengths of the regional economy;	29871

(C) The extent to which the proposal is integrated with	29872
centers of research excellence within the private sector;	29873

(D) The amount of other institutional, public, or private	29874
resources, whether monetary or nonmonetary, that the proposal	29875
pledges to leverage;	29876

(E) The extent to which the proposal is collaborative with	29877
other public or nonpublic Ohio institutions of higher education;	29878

(F) The extent to which the proposal is integrated with the	29879
university's or college's mission and does not displace existing	29880
resources already committed to the mission;	29881

(G) The extent to which the proposal facilitates a more	29882
efficient utilization of existing faculty and programs;	29883

(H) The extent to which the proposal meets a statewide	29884
educational need;	29885

(I) The demonstrated productivity or future capacity of the	29886
students or scientists to be recruited;	29887

(J) The extent to which the proposal will create additional	29888
capacity in educational or economic areas of need.	29889

Sec. 3333.63. The chancellor of the Ohio board of regents	29890
shall conduct at least one public meeting annually, prior to	29891
deciding awards under the Ohio innovation partnership. At the	29892
meeting, an employee of the chancellor shall summarize the	29893
proposals submitted for consideration, and each state university	29894
or college that has a proposal pending shall have the opportunity	29895
to review the summary of their proposal prepared by the	29896
chancellor's staff and answer questions or respond to concerns	29897
about the proposal raised by the chancellor's staff.	29898

Sec. 3333.64. The chancellor of the Ohio board of regents	29899
shall make awards under the choose Ohio first scholarship program	29900
and the Ohio research scholars program such that the aggregate,	29901
statewide amount of other institutional, public, and private money	29902
pledged to the proposals in each fiscal year equals at least one	29903
hundred per cent of the aggregate amount of the money awarded	29904
under both programs that year.	29905

The chancellor also shall endeavor to distribute awards in	29906
such a way that all regions of the state benefit from the economic	29907
development impact of the programs and shall guarantee that	29908
students from all regions of the state are able to participate in	29909
the scholarship program.	29910

Sec. 3333.65. The chancellor of the Ohio board of regents	29911
shall require each state university or college that the	29912
controlling board approves to receive an award under the Ohio	29913
innovation partnership to enter into an agreement governing the	29914
use of the award. The agreement shall contain terms the chancellor	29915
determines to be necessary, which shall include performance	29916
measures, reporting requirements, and an obligation to fulfill	29917
pledges of other institutional, public, or nonpublic resources for	29918
the proposal.	29919

The chancellor may require a state university or college that	29920
violates the terms of its agreement to repay the award plus	29921
interest at the rate required by section 5703.47 of the Revised	29922
Code to the chancellor.	29923

Sec. 3333.66. The chancellor of the Ohio board of regents	29924
shall encourage state universities and colleges, alone or in	29925
collaboration with other state institutions of higher education,	29926
nonpublic Ohio universities and colleges, or other public or	29927
private Ohio entities, to submit proposals under the choose Ohio	29928
first scholarship program for initiatives that recruit Ohio	29929
residents enrolled in colleges and universities in other states or	29930
other countries to return to Ohio and enroll in state universities	29931
or colleges as graduate students in the fields of science,	29932
technology, engineering, mathematics, and medicine, or in the	29933
fields of science, technology, engineering, mathematics, or	29934
medical education. If such proposals are submitted and meet the	29935
chancellor's competitive criteria for awards, the chancellor,	29936
subject to approval by the controlling board, shall give at least	29937
one of the proposals preference for an award.	29938

Sec. 3333.67. Each state university or college that receives	29939
an award under the Ohio research scholars program shall deposit	29940
the award into a new or existing endowment fund. The university or	29941
college shall maintain the amount awarded and use income generated	29942
from that award, and other institutional, public, or nonpublic	29943
resources, to finance the proposal approved by the chancellor of	29944
the Ohio board of regents and the controlling board.	29945

Sec. 3333.68. When making an award under the Ohio innovation	29946
partnership, the chancellor of the Ohio board of regents, subject	29947
to approval by the controlling board, may commit to giving a state	29948
university's or college's proposal preference for future awards	29949
after the current fiscal year or fiscal biennium. A proposal's	29950
eligibility for future awards remains conditional on both of the	29951
following:	29952

(A) Future appropriations of the general assembly;

29953

(B) The university's or college's adherence to the agreement	29954
entered into under section 3333.65 of the Revised Code, including	29955
its fulfillment of pledges of other institutional, public, or	29956
nonpublic resources.	29957

The chancellor and the controlling board shall not commit to	29958
awarding any proposal for more than five fiscal years at a time.	29959
However, when a commitment for future awards expires, a state	29960
university or college may reapply.	29961

Sec. 3333.69. The chancellor of the Ohio board of regents	29962
shall monitor each initiative for which an award is granted under	29963
the Ohio innovation partnership to ensure the following:	29964

(A) Fiscal accountability, so that the award is used in	29965
accordance with the agreement entered into under section 3333.65	29966
of the Revised Code;	29967

(B) Operating progress, so that the initiative is managed to	29968
achieve the goals stated in the proposal and in the agreement, and	29969
so that problems may be promptly identified and remedied;	29970

(C) Desired outcomes, so that the initiative contributes to	29971
the programs' goals of enhancing regional educational and economic	29972
strengths and meeting regional economic needs.	29973

Sec. 3333.70. Not later than December 31, 2008, and the	29974
thirty-first day of December of each year thereafter, the	29975
chancellor of the Ohio board of regents shall submit to the	29976
general assembly in accordance with section 101.68 of the Revised	29977
Code a report on the academic and economic impact of the Ohio	29978
innovation partnership. At a minimum, the report shall include the	29979
following:	29980

(A) Progress and performance metrics for each initiative that	29981
received an award in the previous fiscal year;	29982

(B) Economic indicators of the impact of each initiative, and	29983
all initiatives as a whole, on the regional economies and the	29984
statewide economy.	29985

Sec. 3345.02. As used in this section, "state institution of	29986
higher education" has the same meaning as in section 3345.011 of	29987
the Revised Code.	29988

Beginning in the 2008-2009 academic year, each state	29989
institution of higher education shall include in each statement of	29990
estimated or actual charges owed by a student enrolled in the	29991
institution an itemized list of the instructional fees, general	29992
fees, special purpose fees, service charges, fines, and any other	29993
fees or surcharges applicable to the student.	29994

Sec. 3345.05. (A) All registration fees, nonresident tuition	29995
fees, academic fees for the support of off-campus instruction,	29996
laboratory and course fees when so assessed and collected, student	29997
health fees for the support of a student health service, all other	29998
fees, deposits, charges, receipts, and income from all or part of	29999
the students, all subsidy or other payments from state	30000
appropriations, and all other fees, deposits, charges, receipts,	30001
~~and~~ income, and revenue received by each ~~state-supported~~	30002
~~university and college~~state institution of higher education, the	30003
Ohio state university hospitals and their ancillary facilities,	30004
the Ohio agricultural research and development center, and the	30005
Ohio state university cooperative extension service shall be held	30006
and administered by the respective boards of trustees of the	30007
~~state-supported universities and colleges~~state institution of	30008
higher education; provided, that such fees, deposits, charges,	30009
receipts, ~~and~~ income and revenue, to the extent required by	30010
resolutions, trust agreements, indentures, leases, and agreements	30011
adopted, made, or entered into under Chapter 154. or section	30012
3345.07, 3345.11, or 3345.12 of the Revised Code, shall be held,	30013
administered, transferred, and applied in accordance therewith.	30014

(B) The Ohio board of regents shall require annual reporting	30015
by the Ohio agricultural research and development center and by	30016
each university and college receiving state aid in such form and	30017
detail as determined by the board in consultation with such	30018
center, universities and colleges, and the director of budget and	30019
management.	30020

(C) Notwithstanding any provision of the Revised Code to the	30021
contrary, the title to investments made by the board of trustees	30022
of a ~~state-supported university or college~~state institution of	30023
higher education with funds derived from ~~revenues~~any of the	30024
sources described in division (A) of this section shall not be	30025
vested in the state or the political subdivision but shall be held	30026
in trust by the board. Such investments shall be made pursuant to	30027
an investment policy adopted by the board in public session that	30028
requires all fiduciaries to discharge their duties with the care,	30029
skill, prudence, and diligence under the circumstances then	30030
prevailing that a prudent person acting in like capacity and	30031
familiar with such matters would use in the conduct of an	30032
enterprise of a like character and with like aims. The policy also	30033
shall require at least the following:	30034

(1) A stipulation that investment ~~be made only in publicly~~	30035
~~traded securities averaging~~of at least twenty-five per cent of	30036
the average amount of the investment portfolio over the course of	30037
the previous fiscal year be invested in securities of the United	30038
States government or of its agencies or instrumentalities, the	30039
treasurer of state's pooled investment program, obligations of	30040
this state or any political subdivision of this state,	30041
certificates of deposit of any national bank located in this	30042
state, written repurchase agreements with any eligible Ohio	30043
financial institution that is a member of the federal reserve	30044
system or federal home loan bank, money market funds, or bankers	30045
acceptances maturing in two hundred seventy days or less which are	30046
eligible for purchase by the federal reserve system, as a reserve;	30047

(2) Eligible funds above those that meet the conditions of	30048
division (C)(1) of this section may be pooled with other	30049
institutional funds and invested in accordance with section	30050
1715.54 of the Revised Code.	30051

(3) The establishment of an investment committee.

30052

(D) The investment committee established under division	30053
(C)~~(2)~~(3) of this section shall meet at least quarterly. The	30054
committee shall review and recommend revisions to the board's	30055
investment policy and shall advise the board on its investments	30056
made under division (C) of this section in an effort to assist it	30057
in meeting its obligations as a fiduciary as described in division	30058
(C) of this section. The committee shall be authorized to retain	30059
the services of an investment advisor who meets both of the	30060
following qualifications:	30061

(1) The advisor is either:

30062

(a) Licensed by the division of securities under section	30063
1707.141 of the Revised Code;	30064

(b) Registered with the securities and exchange commission.

30065

(2) The advisor either:

30066

(a) Has experience in the management of investments of public	30067
funds, especially in the investment of state-government investment	30068
portfolios;	30069

(b) Is an eligible institution referenced in section 135.03	30070
of the Revised Code.	30071

(E) As used in this section, "state institution of higher	30072
education" means a state institution of higher education as	30073
defined in section 3345.011 of the Revised Code.	30074

Sec. 3345.32. (A) As used in this section:

30075

(1) "State university or college" means the institutions	30076
described in section 3345.27 of the Revised Code and the	30077
northeastern Ohio universities college of medicine.	30078

(2) "Resident" has the meaning specified by rule of the	30079
chancellor of the Ohio board of regents.	30080

(3) "Statement of selective service status" means a statement	30081
certifying one of the following:	30082

(a) That the individual filing the statement has registered	30083
with the selective service system in accordance with the "Military	30084
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as	30085
amended;	30086

(b) That the individual filing the statement is not required	30087
to register with the selective service for one of the following	30088
reasons:	30089

(i) The individual is under eighteen or over twenty-six years	30090
of age.	30091

(ii) The individual is on active duty with the armed forces	30092
of the United States other than for training in a reserve or	30093
national guard unit.	30094

(iii) The individual is a nonimmigrant alien lawfully in the	30095
United States in accordance with section 101 (a)(15) of the	30096
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended.	30097

(iv) The individual is not a citizen of the United States and	30098
is a permanent resident of the Trust Territory of the Pacific	30099
Islands or the Northern Mariana Islands.	30100

(4) "Institution of higher education" means any eligible	30101
institution approved by the United States department of education	30102
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as	30103
amended, or any institution whose students are eligible for	30104
financial assistance under any of the programs described by	30105
division (E) of this section.	30106

(B) The ~~Ohio board of regents~~chancellor shall, by rule,	30107
specify the form of statements of selective service status to be	30108
filed in compliance with divisions (C) to (F) of this section.	30109
Each statement of selective service status shall contain a section	30110
wherein a male student born after December 31, 1959, certifies	30111
that the student has registered with the selective service system	30112
in accordance with the "Military Selective Service Act," 62 Stat.	30113
604, 50 U.S.C. App. 453, as amended. For those students not	30114
required to register with the selective service, as specified in	30115
divisions (A)(2)(b)(i) to (iv) of this section, a section shall be	30116
provided on the statement of selective service status for the	30117
certification of nonregistration and for an explanation of the	30118
reason for the exemption. The ~~board of regents~~chancellor may	30119
require that such statements be accompanied by documentation	30120
specified by rule of the ~~board~~chancellor.	30121

(C) A state university or college that enrolls in any course,	30122
class, or program a male student born after December 31, 1959, who	30123
has not filed a statement of selective service status with the	30124
university or college shall, regardless of the student's	30125
residency, charge the student any tuition surcharge charged	30126
students who are not residents of this state.	30127

(D) No male born after December 31, 1959, shall be eligible	30128
to receive any loan, grant, scholarship, or other financial	30129
assistance for educational expenses granted under section 3315.33,	30130
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03,	30131
5910.032, or 5919.34 of the Revised Code, or financed by an award	30132
under the choose Ohio first scholarship program established under	30133
section 3333.61 of the Revised Code, unless that person has filed	30134
a statement of selective service status with that person's	30135
institution of higher education.	30136

(E) If an institution of higher education receives a	30137
statement from an individual certifying that the individual has	30138
registered with the selective service system in accordance with	30139
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.	30140
453, as amended or that the individual is exempt from registration	30141
for a reason other than that the individual is under eighteen	30142
years of age, the institution shall not require the individual to	30143
file any further statements. If it receives a statement certifying	30144
that the individual is not required to register because the	30145
individual is under eighteen years of age, the institution shall	30146
require the individual to file a new statement of selective	30147
service status each time the individual seeks to enroll for a new	30148
academic term or makes application for a new loan or loan	30149
guarantee or for any form of financial assistance for educational	30150
expenses, until it receives a statement certifying that the	30151
individual has registered with the selective service system or is	30152
exempt from registration for a reason other than that the	30153
individual is under eighteen years of age.	30154

Sec. 3353.02. (A) There is hereby created the eTech Ohio	30155
commission as an independent agency to advance education and	30156
accelerate the learning of the citizens of this state through	30157
technology. The commission shall provide leadership and support in	30158
extending the knowledge of the citizens of this state by promoting	30159
access to and use of all forms of educational technology,	30160
including educational television and radio, radio reading	30161
services, broadband networks, videotapes, compact discs, digital	30162
video on demand (DVD), and the internet. The commission also shall	30163
administer programs to provide financial and other assistance to	30164
school districts, educational television and radio stations, radio	30165
reading services, educational technology organizations, and other	30166
educational institutions for the acquisition and utilization of	30167
educational technology.	30168

The commission is a body corporate and politic, an agency of	30169
the state performing essential governmental functions of the	30170
state.	30171

(B) The commission shall consist of ~~thirteen~~fourteen	30172
members, ~~nine~~ten of whom shall be voting members. Six of the	30173
voting members shall be representatives of the public. Of the	30174
representatives of the public, four shall be appointed by the	30175
governor with the advice and consent of the senate, one shall be	30176
appointed by the speaker of the house of representatives, and one	30177
shall be appointed by the president of the senate. The	30178
superintendent of public instruction or a designee of the	30179
superintendent, the chancellor of the Ohio board of regents or a	30180
designee of the chancellor, ~~and~~ the ~~director of the office of~~	30181
~~information technology~~state chief information officer or a	30182
designee of the ~~director~~officer, and the president of the Ohio	30183
alliance for public telecommunications or a designee of the	30184
president shall be ex officio voting members. Of the nonvoting	30185
members, two shall be members of the house of representatives	30186
appointed by the speaker of the house of representatives and two	30187
shall be members of the senate appointed by the president of the	30188
senate. The members appointed from each chamber shall not be	30189
members of the same political party.	30190

(C) Initial terms of office for members appointed by the	30191
governor shall be one year for one member, two years for one	30192
member, three years for one member, and four years for one member.	30193
At the first meeting of the commission, members appointed by the	30194
governor shall draw lots to determine the length of the term each	30195
member will serve. Thereafter, terms of office for members	30196
appointed by the governor shall be for four years. Terms of office	30197
for voting members appointed by the speaker of the house of	30198
representatives and the president of the senate shall be for four	30199
years. Any member who is a representative of the public may be	30200
reappointed by the member's respective appointing authority, but	30201
no such member may serve more than two consecutive four-year	30202
terms. Such a member may be removed by the member's respective	30203
appointing authority for cause.	30204

Any legislative member appointed by the speaker of the house	30205
of representatives or the president of the senate who ceases to be	30206
a member of the legislative chamber from which the member was	30207
appointed shall cease to be a member of the commission. The	30208
speaker of the house of representatives and the president of the	30209
senate may remove their respective appointments to the commission	30210
at any time.	30211

(D) Vacancies among appointed members shall be filled in the	30212
manner provided for original appointments. Any member appointed to	30213
fill a vacancy occurring prior to the expiration of the term for	30214
which the member's predecessor was appointed shall hold office for	30215
the remainder of that term. Any appointed member shall continue in	30216
office subsequent to the expiration of that member's term until	30217
the member's successor takes office or until a period of sixty	30218
days has elapsed, whichever occurs first.	30219

(E) Members of the commission shall serve without	30220
compensation. The members who are representatives of the public	30221
shall be reimbursed, pursuant to office of budget and management	30222
guidelines, for actual and necessary expenses incurred in the	30223
performance of official duties.	30224

(F) The governor shall appoint the chairperson of the	30225
commission from among the commission's voting members who are	30226
representatives of the public. The chairperson shall serve a term	30227
of two years and may be reappointed. The commission shall elect	30228
other officers as necessary from among its voting members and	30229
shall prescribe its rules of procedure.	30230

(G) The commission shall establish advisory groups ~~as needed~~	30231
tocomprised of interested parties. The advisory groups shall	30232
address topics of interest and to provide guidance to the	30233
commission regarding educational technology, educational	30234
television and radio, radio reading services, and other issues ~~and~~	30235
~~the technology needs of educators, learners, and the public~~.	30236
Members of each advisory group shall be appointed by the	30237
commission ~~and shall include representatives of individuals or~~	30238
~~organizations with an interest in the topic addressed by the~~	30239
~~advisory group~~.	30240

Sec. 3353.03. (A) The eTech Ohio commission shall appoint an	30241
executive director, who shall serve at the pleasure of the	30242
commission. The executive director shall have no authority other	30243
than that provided by law or delegated to the executive director	30244
by the commission. The executive director shall do all of the	30245
following:	30246

(1) Direct commission employees in the administration of all	30247
programs of the commission;	30248

(2) Provide leadership and support in extending the knowledge	30249
of the citizens of this state by promoting equal access to and use	30250
of all forms of educational technology, as directed by the	30251
commission;	30252

(3) Provide financial and other assistance to school	30253
districts, educational television and radio stations, radio	30254
reading services, educational technology organizations, and other	30255
educational institutions~~, affiliates, and, if approved by the~~	30256
~~commission, educational technology organizations~~ for the	30257
acquisition and utilization of educational technology;	30258

(4) Implement policies and directives issued by the	30259
commission;	30260

(5) Perform other duties authorized by the commission.

30261

(B) The commission shall fix the compensation of the	30262
executive director. The executive director shall employ and fix	30263
the compensation for such employees as necessary to facilitate the	30264
activities and purposes of the commission. The employees shall	30265
serve at the pleasure of the executive director.	30266

(C) The employees of the commission shall be placed in the	30267
unclassified service.	30268

(D)(1) Except as provided in division (D)(2) of this section,	30269
the employees of the commission shall be exempt from Chapter 4117.	30270
of the Revised Code and shall not be public employees as defined	30271
in section 4117.01 of the Revised Code.	30272

(2) All employees of the commission who transferred to the	30273
commission from one of the commission's predecessor agencies upon	30274
the commission's creation and, when employed by the predecessor	30275
agency were included in a bargaining unit established under	30276
Chapter 4117. of the Revised Code, shall continue to be included	30277
in that bargaining unit, are public employees as defined in	30278
section 4117.01 of the Revised Code, and may collectively bargain	30279
with the commission in accordance with that chapter. Otherwise,	30280
any employee hired by the commission after ~~the effective date of~~	30281
~~this section~~July 1, 2005, either to fill vacancies or to fill new	30282
positions, shall be exempt from Chapter 4117. of the Revised Code	30283
and shall not be public employees as defined in section 4117.10 of	30284
the Revised Code.	30285

Sec. 3353.20. As used in sections 3353.20 to 3353.30 of the	30286
Revised Code:	30287

(A) "Clearinghouse" means the clearinghouse established under	30288
section 3353.21 of the Revised Code.	30289

(B) "Data verification code" means the code assigned to a	30290
student under division (D)(2) of section 3301.0714 of the Revised	30291
Code.	30292

(C) "One-half unit" of instruction has the same meaning as in	30293
section 3313.603 of the Revised Code.	30294

(D) A "student's community school" means the community school	30295
established under Chapter 3314. of the Revised Code in which the	30296
student is enrolled instead of being enrolled in a school operated	30297
by a school district.	30298

(E) A "student's school district" means the school district	30299
operating the school in which the student is lawfully enrolled.	30300

Sec. 3353.21. (A) The eTech Ohio commission shall establish	30301
a clearinghouse of interactive distance learning courses and other	30302
distance learning courses delivered via a computer-based method	30303
offered by school districts for sharing with other school	30304
districts and community schools for the fee set pursuant to	30305
section 3353.24 of the Revised Code. The commission shall not be	30306
responsible for the content of courses offered through the	30307
clearinghouse; however, all such courses shall be delivered only	30308
in accordance with technical specifications approved by the	30309
commission.	30310

(B) To offer a course through the clearinghouse, a school	30311
district shall apply to the commission in a form and manner	30312
prescribed by the commission. The application for each course	30313
shall describe the course of study in as much detail as required	30314
by the commission, the qualification and credentials of the	30315
teacher, the number of hours of instruction, the technology	30316
required to deliver and receive the course, the technical capacity	30317
of the school district to deliver the course, the times that the	30318
school district plans to deliver the course, and any other	30319
information required by the commission. The commission may require	30320
school districts to include in their applications information	30321
recommended by the state board of education under section 3353.30	30322
of the Revised Code.	30323

(C) The commission shall review the technical specifications	30324
of each application submitted under division (B) of this section	30325
and shall approve a course offered if the commission determines	30326
that the school district can satisfactorily deliver the course	30327
through the technology necessary for that delivery. In reviewing	30328
applications, the commission may consult with the department of	30329
education; however, the responsibility to either approve or not	30330
approve a course for the clearinghouse belongs to the commission.	30331
The commission may request additional information from a school	30332
district that submits an application under division (B) of this	30333
section, if the commission determines that such information is	30334
necessary. The commission may negotiate changes in the proposal to	30335
offer a course, if the commission determines that changes are	30336
necessary in order to approve the course.	30337

(D) The commission shall catalog each course approved for the	30338
clearinghouse, through a print or electronic medium, displaying	30339
the following:	30340

(1) Information necessary for a student and the student's	30341
parent, guardian, or custodian and the student's school district	30342
or community school to decide whether to enroll in the course;	30343

(2) Instructions for enrolling in that course, including	30344
deadlines for enrollment.	30345

Sec. 3353.22. (A) A student who is enrolled in a school	30346
operated by a school district or in a community school may enroll	30347
in a course included in the clearinghouse only if both of the	30348
following conditions are satisfied:	30349

(1) The student's enrollment in the course is approved by the	30350
student's school district or the student's community school.	30351

(2) The student's school district or the student's community	30352
school agrees to accept for credit the grade assigned by the	30353
district that is delivering the course.	30354

(B) For each student enrolling in a course, the student's	30355
school district or the student's community school shall transmit	30356
the student's data verification code and the student's name to the	30357
school district delivering the course.	30358

The district delivering the course may request from the	30359
student's school district or the student's community school other	30360
information from the student's school record. The student's school	30361
district or the student's community school shall provide the	30362
requested information only in accordance with section 3319.321 of	30363
the Revised Code.	30364

(C) The student's school district or the student's community	30365
school shall determine the manner in which and facilities at which	30366
the student shall participate in the course consistent with	30367
specifications for technology and connectivity adopted by the	30368
commission.	30369

(D) A student may withdraw from a course prior to the end of	30370
the course only by a date and in a manner prescribed by the	30371
student's school district or community school.	30372

(E) A student who is enrolled in a school operated by a	30373
school district or in a community school and who takes a course	30374
included in the clearinghouse shall be counted in the formula ADM	30375
of a school district under section 3317.03 of the Revised Code as	30376
if the student were taking the course from the student's school	30377
district or the student's community school.	30378

Sec. 3353.23. For each student enrolled in a course included	30379
in the clearinghouse, the student's school district or the	30380
student's community school and the school district delivering the	30381
course shall report to the department of education, in accordance	30382
with the guidelines established under section 3301.0714 of the	30383
Revised Code, the information the department determines is	30384
necessary for the department to make the deductions and payments	30385
required under section 3353.25 of the Revised Code.	30386

Sec. 3353.24. (A) Unless the eTech Ohio commission sets a	30387
different fee amount pursuant to division (B) of this section, the	30388
fee for each course that is the equivalent of one-half unit of	30389
instruction offered through the clearinghouse shall be one hundred	30390
seventy-five dollars per student. The commission shall set the fee	30391
for a course that is either less than or greater than one-half	30392
unit of instruction based on the proportional amount the course is	30393
either less than or greater than one-half unit of instruction.	30394

(B) The commission, by rule adopted in accordance with	30395
Chapter 119. of the Revised Code, may set a fee for courses	30396
offered through the clearinghouse at a rate other than the one	30397
specified in division (A) of this section.	30398

(C) The commission shall proportionally reduce the fee for	30399
any student who withdraws from a course prior to the end of the	30400
course pursuant to division (D) of section 3353.22 of the Revised	30401
Code.	30402

Sec. 3353.25. For each student enrolled in a course included	30403
in the clearinghouse, in accordance with information reported	30404
under section 3353.23 of the Revised Code and not later than the	30405
last day of that course, the department of education shall deduct	30406
the amount of the fee for that course from the student's school	30407
district or the student's community school, under division (P) of	30408
section 3317.023 or section 3314.086 or 3317.161 of the Revised	30409
Code, and shall pay that amount to the school district delivering	30410
the course.	30411

Sec. 3353.26. The grade for a student who enrolls in a	30412
course included in the clearinghouse shall be assigned by the	30413
school district that delivers the course and shall be transmitted	30414
by that district to the student's school district or the student's	30415
community school.	30416

Sec. 3353.27. The eTech Ohio commission may determine the	30417
manner in which a course included in the clearinghouse may be	30418
offered as a dual enrollment program as defined in section	30419
3313.6013 of the Revised Code, may be offered to students who are	30420
enrolled in nonpublic schools or are instructed at home pursuant	30421
to section 3321.04 of the Revised Code, or may be offered at times	30422
outside the normal school day or school week, including any	30423
necessary additional fees and methods of payment for a course so	30424
offered.	30425

Sec. 3353.28. The eTech Ohio commission shall adopt rules in	30426
accordance with Chapter 119. of the Revised Code prescribing	30427
procedures for the implementation of sections 3353.20 to 3353.27	30428
of the Revised Code.	30429

Sec. 3353.29. Nothing in sections 3353.20 to 3353.28 of the	30430
Revised Code, or in rules implementing those sections, shall	30431
prohibit a school district from offering an interactive distance	30432
learning course or other distance learning course using a	30433
computer-based method through any means other than the	30434
clearinghouse established and maintained under those sections.	30435

Sec. 3353.30. Not later than six months after the effective	30436
date of this section, the state board of education shall adopt a	30437
resolution recommending to the eTech Ohio commission the types of	30438
information about a distance learning course that the commission	30439
might require school districts to submit with their applications	30440
to include the course in the clearinghouse.	30441

Sec. 3354.10. (A) All funds under the control of a board of	30442
trustees of a community college district, regardless of the source	30443
thereof, may be deposited by such board to its credit in banks or	30444
trust companies designated by it. Such banks or trust companies	30445
shall furnish security for every such deposit to the extent and in	30446
the manner provided in section 135.18 of the Revised Code, but no	30447
such deposit shall otherwise be subject to sections 135.01 to	30448
135.21 of the Revised Code. Thereupon, such funds may be disbursed	30449
by the board of trustees for the uses and purposes of such	30450
district. No contract of the board involving the expenditure of	30451
money shall become effective until there is placed thereon by the	30452
treasurer as fiscal officer of the district the certificate	30453
provided for by section 5705.41 of the Revised Code.	30454

(B) The board of trustees of a community college district may	30455
provide for the investment of district funds. Investments may be	30456
made in securities of the United States government or of its	30457
agencies or instrumentalities, the treasurer of state's pooled	30458
investment program, obligations of this state or any political	30459
subdivision of this state, certificates of deposit of any national	30460
bank located in this state, written repurchase agreements with any	30461
eligible Ohio financial institution that is a member of the	30462
federal reserve system or federal home loan bank, money market	30463
funds, or bankers acceptances maturing in two hundred seventy days	30464
or less which are eligible for purchase by the federal reserve	30465
system, as a reserve. Notwithstanding the foregoing or any	30466
provision of the Revised Code to the contrary, the board of	30467
trustees of a community college district may provide for the	30468
investment of district funds in any manner authorized under	30469
section 3345.05 of the Revised Code.	30470

(C) Any community college district is subject to audit by the	30471
auditor of state, who shall furnish to the county or counties	30472
which created the district a copy of the audit report.	30473

Sec. 3355.01. As used in ~~sections 3355.01 to 3355.14,~~	30474
~~inclusive, of the Revised Code~~this chapter:	30475

(A) "University branch district" means a political	30476
subdivision of the state and a body corporate with all the powers	30477
of a corporation, and organized for the purpose of establishing,	30478
owning, and operating a branch university district within the	30479
territory of such district.	30480

(B) "University branch" means an academic program	30481
administered by a state or municipal university in a community	30482
other than the community wherein is located the main campus of	30483
such university, and affording to the students in such program	30484
academic credit corresponding to that afforded to the students on	30485
the main campus upon satisfactory completion of comparable courses	30486
of instruction.	30487

Sec. 3355.15. A university branch may offer any baccalaureate	30488
program that has been approved under Chapter 3333. of the Revised	30489
Code to be offered at the main campus of the university.	30490

Sec. 3357.01. As used in ~~sections 3357.01 to 3357.19,~~	30491
~~inclusive, of the Revised Code~~this chapter:	30492

(A) "Technical college" means an institution of education	30493
beyond the high school, including an institution of higher	30494
education, organized for the principal purpose of providing for	30495
the residents of the technical college district, wherein such	30496
college is situated, any one or more of the instructional programs	30497
defined in this section as "~~technical-college~~technical college,"	30498
or "adult-education technical programs," normally not exceeding	30499
two years duration and not leading to a baccalaureate degree.	30500

(B) "Technical college district" means a political	30501
subdivision of the state and a body corporate with all the powers	30502
of a corporation, comprised of the territory of a city school	30503
district or a county, or two or more contiguous school districts	30504
or counties, which meets the standards prescribed by the Ohio	30505
board of regents pursuant to section 3357.02 of the Revised Code,	30506
and which is organized for the purpose of establishing, owning,	30507
and operating one or more technical colleges within the territory	30508
of such district.	30509

(C) "Contiguous school districts or counties" means school	30510
districts or counties so located that each such school district or	30511
county shares at least one boundary or a portion thereof in common	30512
with at least one other such school district or county in the	30513
group of school districts or counties referred to as being	30514
"contiguous."	30515

(D) "Technical college program" means a post high school	30516
curricular program provided within a technical college, planned	30517
and intended to qualify students, after satisfactory completion of	30518
such a program normally two years in duration, to pursue careers	30519
in which they provide immediate technical assistance to	30520
professional or managerial persons generally required to hold	30521
baccalaureate or higher academic degrees in technical or	30522
professional fields. The technical and professional fields	30523
referred to in this section include, but are not limited to,	30524
engineering and physical, medical, or other sciences.	30525

(E) "Adult-education technical program" means the	30526
dissemination of post high school technical education service and	30527
knowledge, for the occupational, or general educational benefit of	30528
adult persons.	30529

(F) "Charter amendment" means a change in the official plan	30530
of a technical college for the purpose of acquiring additional	30531
lands or structures, disposing of or transferring lands or	30532
structures, erecting structures, creating or abolishing technical	30533
college or adult education technical curricular programs.	30534

(G) "Baccalaureate-oriented associate degree program" means a	30535
curricular program of not more than two years' duration that is	30536
planned and intended to enable students to gain academic credit	30537
for courses comparable to first- and second-year courses offered	30538
by accredited colleges and universities. The purpose of	30539
baccalaureate-oriented associate degree coursework in technical	30540
colleges is to enable students to transfer to colleges and	30541
universities and earn baccalaureate degrees or to enable students	30542
to terminate academic study after two years with a proportionate	30543
recognition of academic achievement through receipt of an	30544
associate degree.	30545

Sec. 3357.10. (A) The board of trustees of a technical	30546
college district shall elect a treasurer, who is not a member of	30547
the board, to serve at its pleasure. The treasurer may be the	30548
person serving as secretary under section 3357.06 of the Revised	30549
Code. The treasurer shall be the fiscal officer of the district	30550
and shall receive and disburse all funds of the district under the	30551
direction of the board. No contract of the board involving the	30552
expenditure of money shall become effective until the treasurer	30553
certifies that there are funds of the board otherwise	30554
unappropriated sufficient to provide therefor.	30555

When the treasurer of the district ceases to hold such	30556
office, the treasurer or the treasurer's legal representatives	30557
shall deliver to the board or to the treasurer's successor all	30558
moneys, books, papers, and other property of the district in the	30559
treasurer's possession as treasurer. In case of the death or	30560
incapacity of the treasurer, the treasurer's legal representatives	30561
shall, in like manner, deliver all moneys, books, papers, and	30562
other property of the district to the board or to the person named	30563
as the treasurer's successor.	30564

(B) All funds under the control of a board of trustees of a	30565
technical college district, regardless of the source of the funds,	30566
may be deposited by the board to its credit in banks or trust	30567
companies designated by it. The banks or trust companies shall	30568
furnish security for every deposit to the extent and in the manner	30569
provided in section 135.18 of the Revised Code, but no deposit	30570
shall otherwise be subject to sections 135.01 to 135.21 of the	30571
Revised Code. Funds deposited in a bank or trust company may be	30572
disbursed by the board of trustees for the uses and purposes of	30573
the district.	30574

(C) The board may provide for the investment of district	30575
funds. Investments may be made in securities of the United States	30576
government or of its agencies or instrumentalities, the treasurer	30577
of state's pooled investment program, obligations of this state or	30578
any political subdivision of this state, certificates of deposit	30579
of any national bank located in this state, written repurchase	30580
agreements with any eligible Ohio financial institution that is a	30581
member of the federal reserve system or federal home loan bank,	30582
money market funds, or bankers acceptances maturing in two hundred	30583
seventy days or less which are eligible for purchase by the	30584
federal reserve system, as a reserve. Notwithstanding the	30585
foregoing or any provision of the Revised Code to the contrary,	30586
the board of trustees of a technical college district may provide	30587
for the investment of district funds in any manner authorized	30588
under section 3345.05 of the Revised Code.	30589

Sec. 3357.13. As used in this section, "state institution of	30590
higher education" has the same meaning as in section 3345.011 of	30591
the Revised Code.	30592

A technical college regardless of its co-location with	30593
another state institution of higher education may offer any	30594
baccalaureate-oriented associate degree program, provided however	30595
that any new or expanded programs at co-located campuses must be	30596
approved by the chancellor of the Ohio board of regents. In	30597
reviewing such programs, the chancellor shall determine whether	30598
the proposed program would promote cooperation and collaboration	30599
between co-located institutions while minimizing duplication.	30600

Sec. 3358.06. (A) The treasurer of each state community	30601
college district shall be its fiscal officer, and the treasurer	30602
shall receive and disburse all funds under the direction of the	30603
college president. No contract of the college's board of trustees	30604
involving the expenditure of money shall become effective until	30605
the treasurer certifies that there are funds of the board	30606
otherwise uncommitted and sufficient to provide therefor.	30607

When the treasurer ceases to hold the office, the treasurer	30608
or the treasurer's legal representative shall deliver to the	30609
treasurer's successor or the president all moneys, books, papers,	30610
and other property of the college.	30611

Before entering upon the discharge of official duties, the	30612
treasurer shall give bond to the state for the faithful	30613
performance of official duties and the proper accounting for all	30614
moneys coming into the treasurer's care. The amount of the bond	30615
shall be determined by the board but shall not be for a sum less	30616
than the estimated amount that may come into the treasurer's	30617
control at any time. The bond shall be approved by the attorney	30618
general.	30619

(B) The board of trustees may provide for the investment of	30620
district funds. Investments may be made in securities of the	30621
United States government or of its agencies or instrumentalities,	30622
the treasurer of state's pooled investment program, obligations of	30623
this state or any political subdivision of this state,	30624
certificates of deposit of any national bank located in this	30625
state, written repurchase agreements with any eligible Ohio	30626
financial institution that is a member of the federal reserve	30627
system or federal home loan bank, money market funds, or bankers	30628
acceptances maturing in two hundred seventy days or less which are	30629
eligible for purchase by the federal reserve system, as a reserve.	30630
Notwithstanding the foregoing or any provision of the Revised Code	30631
to the contrary, the board of trustees of a state community	30632
college district may provide for the investment of district funds	30633
in any manner authorized under section 3345.05 of the Revised	30634
Code.	30635

Sec. 3365.01. As used in this chapter:

30636

(A) "College" means any state-assisted college or university	30637
described in section 3333.041 of the Revised Code, any nonprofit	30638
institution holding a certificate of authorization pursuant to	30639
Chapter 1713. of the Revised Code, any private institution exempt	30640
from regulation under Chapter 3332. of the Revised Code as	30641
prescribed in section 3333.046 of the Revised Code, and any	30642
institution holding a certificate of registration from the state	30643
board of career colleges and schools and program authorization for	30644
an associate or bachelor's degree program issued under section	30645
3332.05 of the Revised Code.	30646

(B) "School district," except as specified in division (G) of	30647
this section, means any school district to which a student is	30648
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	30649
the Revised Code and does not include a joint vocational or	30650
cooperative education school district.	30651

(C) "Parent" has the same meaning as in section 3313.64 of	30652
the Revised Code.	30653

(D) "Participant" means a student enrolled in a college under	30654
the post-secondary enrollment options program established by this	30655
chapter.	30656

(E) "Secondary grade" means the ninth through twelfth grades.

30657

(F) "School foundation payments" means the amount required to	30658
be paid to a school district for a fiscal year under Chapter 3317.	30659
of the Revised Code.	30660

(G) "Tuition base" means, with respect to a participant's	30661
school district, the ~~greater of the following:~~	30662

~~(1) The fiscal year 2005 formula amount defined in section~~	30663
~~3317.02 of the Revised Code multiplied by the district's fiscal~~	30664
~~year 2005 cost-of-doing-business factor defined in that section;~~	30665

~~(2) The~~ sum of (the ~~current~~ formula amount ~~times the current~~	30666
~~cost-of-doing-business factor defined in section 3317.02 of the~~	30667
~~Revised Code)~~ plus the per pupil amount of the base funding	30668
supplements specified in divisions (C)(1) to (4) of section	30669
3317.012 of the Revised Code.	30670

The participant's "school district" in the case of a	30671
participant enrolled in a community school shall be the school	30672
district in which the student is entitled to attend school under	30673
section 3313.64 or 3313.65 of the Revised Code.	30674

(H) "Educational program" means enrollment in one or more	30675
school districts, in a nonpublic school, or in a college under	30676
division (B) of section 3365.04 of the Revised Code.	30677

(I) "Nonpublic school" means a chartered or nonchartered	30678
school for which minimum standards are prescribed by the state	30679
board of education pursuant to division (D) of section 3301.07 of	30680
the Revised Code.	30681

(J) "School year" means the year beginning on the first day	30682
of July and ending on the thirtieth day of June.	30683

(K) "Community school" means any school established pursuant	30684
to Chapter 3314. of the Revised Code that includes secondary	30685
grades.	30686

(L) "Community school payments" means payments made by the	30687
department of education to a community school pursuant to division	30688
(D) of section 3314.08 of the Revised Code.	30689

Sec. 3381.04. (A) In lieu of the procedure set forth in	30690
section 3381.03 of the Revised Code, any county with a population	30691
of five hundred thousand or more, at any time before the creation	30692
of a regional arts and cultural district under that section, may	30693
create a regional arts and cultural district by adoption of a	30694
resolution by the board of county commissioners of that county.	30695
The resolution shall state all of the following:	30696

(1) The purposes for the creation of the district;

30697

(2) That the territory of the district shall be coextensive	30698
with the territory of the county;	30699

(3) The official name by which the district shall be known;

30700

(4) The location of the principal office of the district or	30701
the manner in which the location shall be selected.	30702

(B) The district provided for in the resolution shall be	30703
created upon the adoption of the resolution by the board of county	30704
commissioners of that county. Upon the adoption of the resolution,	30705
the county and the municipal corporations and townships contained	30706
in the county shall not thereafter be a part of any other regional	30707
arts and cultural district.	30708

(C) The board of trustees of any regional arts and cultural	30709
district formed in accordance with this section shall be comprised	30710
of ~~three~~five members appointed by the board of county	30711
commissioners.	30712

Sec. 3501.01. As used in the sections of the Revised Code	30713
relating to elections and political communications:	30714

(A) "General election" means the election held on the first	30715
Tuesday after the first Monday in each November.	30716

(B) "Regular municipal election" means the election held on	30717
the first Tuesday after the first Monday in November in each	30718
odd-numbered year.	30719

(C) "Regular state election" means the election held on the	30720
first Tuesday after the first Monday in November in each	30721
even-numbered year.	30722

(D) "Special election" means any election other than those	30723
elections defined in other divisions of this section. A special	30724
election may be held only on the first Tuesday after the first	30725
Monday in February, May, August, or November, or on the day	30726
authorized by a particular municipal or county charter for the	30727
holding of a primary election, except that in any year in which a	30728
presidential primary election is held, no special election shall	30729
be held in February or May, except as authorized by a municipal or	30730
county charter, but may be held on the first Tuesday after the	30731
first Monday in March.	30732

(E)(1) "Primary" or "primary election" means an election held	30733
for the purpose of nominating persons as candidates of political	30734
parties for election to offices, and for the purpose of electing	30735
persons as members of the controlling committees of political	30736
parties and as delegates and alternates to the conventions of	30737
political parties. Primary elections shall be held on the first	30738
Tuesday after the first Monday in May of each year except in years	30739
in which a presidential primary election is held.	30740

(2) "Presidential primary election" means a primary election	30741
as defined by division (E)(1) of this section at which an election	30742
is held for the purpose of choosing delegates and alternates to	30743
the national conventions of the major political parties pursuant	30744
to section 3513.12 of the Revised Code. Unless otherwise	30745
specified, presidential primary elections are included in	30746
references to primary elections. In years in which a presidential	30747
primary election is held, all primary elections shall be held on	30748
the first Tuesday after the first Monday in March except as	30749
otherwise authorized by a municipal or county charter.	30750

(F) "Political party" means any group of voters meeting the	30751
requirements set forth in section 3517.01 of the Revised Code for	30752
the formation and existence of a political party.	30753

(1) "Major political party" means any political party	30754
organized under the laws of this state whose candidate for	30755
governor or nominees for presidential electors received no less	30756
than twenty per cent of the total vote cast for such office at the	30757
most recent regular state election.	30758

(2) "Intermediate political party" means any political party	30759
organized under the laws of this state whose candidate for	30760
governor or nominees for presidential electors received less than	30761
twenty per cent but not less than ten per cent of the total vote	30762
cast for such office at the most recent regular state election.	30763

(3) "Minor political party" means any political party	30764
organized under the laws of this state whose candidate for	30765
governor or nominees for presidential electors received less than	30766
ten per cent but not less than five per cent of the total vote	30767
cast for such office at the most recent regular state election or	30768
which has filed with the secretary of state, subsequent to any	30769
election in which it received less than five per cent of such	30770
vote, a petition signed by qualified electors equal in number to	30771
at least one per cent of the total vote cast for such office in	30772
the last preceding regular state election, except that a newly	30773
formed political party shall be known as a minor political party	30774
until the time of the first election for governor or president	30775
which occurs not less than twelve months subsequent to the	30776
formation of such party, after which election the status of such	30777
party shall be determined by the vote for the office of governor	30778
or president.	30779

(G) "Dominant party in a precinct" or "dominant political	30780
party in a precinct" means that political party whose candidate	30781
for election to the office of governor at the most recent regular	30782
state election at which a governor was elected received more votes	30783
than any other person received for election to that office in such	30784
precinct at such election.	30785

(H) "Candidate" means any qualified person certified in	30786
accordance with the provisions of the Revised Code for placement	30787
on the official ballot of a primary, general, or special election	30788
to be held in this state, or any qualified person who claims to be	30789
a write-in candidate, or who knowingly assents to being	30790
represented as a write-in candidate by another at either a	30791
primary, general, or special election to be held in this state.	30792

(I) "Independent candidate" means any candidate who claims	30793
not to be affiliated with a political party, and whose name has	30794
been certified on the office-type ballot at a general or special	30795
election through the filing of a statement of candidacy and	30796
nominating petition, as prescribed in section 3513.257 of the	30797
Revised Code.	30798

(J) "Nonpartisan candidate" means any candidate whose name is	30799
required, pursuant to section 3505.04 of the Revised Code, to be	30800
listed on the nonpartisan ballot, including all candidates for	30801
judicial office, for member of any board of education, for	30802
municipal or township offices in which primary elections are not	30803
held for nominating candidates by political parties, and for	30804
offices of municipal corporations having charters that provide for	30805
separate ballots for elections for these offices.	30806

(K) "Party candidate" means any candidate who claims to be a	30807
member of a political party, whose name has been certified on the	30808
office-type ballot at a general or special election through the	30809
filing of a declaration of candidacy and petition of candidate,	30810
and who has won the primary election of the candidate's party for	30811
the public office the candidate seeks or is selected by party	30812
committee in accordance with section 3513.31 of the Revised Code.	30813

(L) "Officer of a political party" includes, but is not	30814
limited to, any member, elected or appointed, of a controlling	30815
committee, whether representing the territory of the state, a	30816
district therein, a county, township, a city, a ward, a precinct,	30817
or other territory, of a major, intermediate, or minor political	30818
party.	30819

(M) "Question or issue" means any question or issue certified	30820
in accordance with the Revised Code for placement on an official	30821
ballot at a general or special election to be held in this state.	30822

(N) "Elector" or "qualified elector" means a person having	30823
the qualifications provided by law to be entitled to vote.	30824

(O) "Voter" means an elector who votes at an election.

30825

(P) "Voting residence" means that place of residence of an	30826
elector which shall determine the precinct in which the elector	30827
may vote.	30828

(Q) "Precinct" means a district within a county established	30829
by the board of elections of such county within which all	30830
qualified electors having a voting residence therein may vote at	30831
the same polling place.	30832

(R) "Polling place" means that place provided for each	30833
precinct at which the electors having a voting residence in such	30834
precinct may vote.	30835

(S) "Board" or "board of elections" means the board of	30836
elections appointed in a county pursuant to section 3501.06 of the	30837
Revised Code.	30838

(T) "Political subdivision" means a county, township, city,	30839
village, or school district.	30840

(U) "Election officer" or "election official" means any of	30841
the following:	30842

(1) Secretary of state;

30843

(2) Employees of the secretary of state serving the division	30844
of elections in the capacity of attorney, administrative officer,	30845
administrative assistant, elections administrator, office manager,	30846
or clerical supervisor;	30847

(3) Director of a board of elections;

30848

(4) Deputy director of a board of elections;

30849

(5) Member of a board of elections;

30850

(6) Employees of a board of elections;

30851

(7) Precinct polling place judges ~~and clerks~~;

30852

(8) Employees appointed by the boards of elections on a	30853
temporary or part-time basis.	30854

(V) "Acknowledgment notice" means a notice sent by a board of	30855
elections, on a form prescribed by the secretary of state,	30856
informing a voter registration applicant or an applicant who	30857
wishes to change the applicant's residence or name of the status	30858
of the application; the information necessary to complete or	30859
update the application, if any; and if the application is	30860
complete, the precinct in which the applicant is to vote.	30861

(W) "Confirmation notice" means a notice sent by a board of	30862
elections, on a form prescribed by the secretary of state, to a	30863
registered elector to confirm the registered elector's current	30864
address.	30865

(X) "Designated agency" means an office or agency in the	30866
state that provides public assistance or that provides	30867
state-funded programs primarily engaged in providing services to	30868
persons with disabilities and that is required by the National	30869
Voter Registration Act of 1993 to implement a program designed and	30870
administered by the secretary of state for registering voters, or	30871
any other public or government office or agency that implements a	30872
program designed and administered by the secretary of state for	30873
registering voters, including the department of job and family	30874
services, the program administered under section 3701.132 of the	30875
Revised Code by the department of health, the department of mental	30876
health, the department of mental retardation and developmental	30877
disabilities, the rehabilitation services commission, and any	30878
other agency the secretary of state designates. "Designated	30879
agency" does not include public high schools and vocational	30880
schools, public libraries, or the office of a county treasurer.	30881

(Y) "National Voter Registration Act of 1993" means the	30882
"National Voter Registration Act of 1993," 107 Stat. 77, 42	30883
U.S.C.A. 1973gg.	30884

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	30885
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	30886

(AA) "Photo identification" means a document that meets each	30887
of the following requirements:	30888

(1) It shows the name of the individual to whom it was	30889
issued, which shall conform to the name in the poll list or	30890
signature pollbook.	30891

(2) It shows the current address of the individual to whom it	30892
was issued, which shall conform to the address in the poll list or	30893
signature pollbook, except for a driver's license or a state	30894
identification card issued under section 4507.50 of the Revised	30895
Code, which may show either the current or former address of the	30896
individual to whom it was issued, regardless of whether that	30897
address conforms to the address in the poll list or signature	30898
pollbook.	30899

(3) It shows a photograph of the individual to whom it was	30900
issued.	30901

(4) It includes an expiration date that has not passed.

30902

(5) It was issued by the government of the United States or	30903
this state.	30904

Sec. 3501.05. The secretary of state shall do all of the	30905
following:	30906

(A) Appoint all members of boards of elections;

30907

(B) Issue instructions by directives and advisories to	30908
members of the boards as to the proper methods of conducting	30909
elections. In addition to any other publication of those	30910
directives and advisories, the secretary of state shall publish	30911
those directives and advisories on a web site of the office of the	30912
secretary of state as soon as is practicable after they are	30913
issued, but not later than the close of business on the same day	30914
as a directive or advisory is issued. The secretary of state shall	30915
not remove from the web site any directives and advisories so	30916
posted. The secretary of state shall provide on that web site	30917
access to all directives and advisories currently in effect and to	30918
maintain an archive of all directives and advisories previously	30919
published on that web site.	30920

(C) Prepare rules and instructions for the conduct of	30921
elections;	30922

(D) Publish and furnish to the boards from time to time a	30923
sufficient number of indexed copies of all election laws then in	30924
force;	30925

(E) Edit and issue all pamphlets concerning proposed laws or	30926
amendments required by law to be submitted to the voters;	30927

(F) Prescribe the form of registration cards, blanks, and	30928
records;	30929

(G) Determine and prescribe the forms of ballots and the	30930
forms of all blanks, cards of instructions, pollbooks, tally	30931
sheets, certificates of election, and forms and blanks required by	30932
law for use by candidates, committees, and boards;	30933

(H) Prepare the ballot title or statement to be placed on the	30934
ballot for any proposed law or amendment to the constitution to be	30935
submitted to the voters of the state;	30936

(I) Except as otherwise provided in section 3519.08 of the	30937
Revised Code, certify to the several boards the forms of ballots	30938
and names of candidates for state offices, and the form and	30939
wording of state referendum questions and issues, as they shall	30940
appear on the ballot;	30941

(J) Except as otherwise provided in division (I)(2)(b) of	30942
section 3501.38 of the Revised Code, give final approval to ballot	30943
language for any local question or issue approved and transmitted	30944
by boards of elections under section 3501.11 of the Revised Code;	30945

(K) Receive all initiative and referendum petitions on state	30946
questions and issues and determine and certify to the sufficiency	30947
of those petitions;	30948

(L) Require such reports from the several boards as are	30949
provided by law, or as the secretary of state considers necessary;	30950

(M) Compel the observance by election officers in the several	30951
counties of the requirements of the election laws;	30952

(N)(1) Except as otherwise provided in division (N)(2) of	30953
this section, investigate the administration of election laws,	30954
frauds, and irregularities in elections in any county, and report	30955
violations of election laws to the attorney general or prosecuting	30956
attorney, or both, for prosecution;	30957

(2) On and after August 24, 1995, report a failure to comply	30958
with or a violation of a provision in sections 3517.08 to 3517.13,	30959
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	30960
Revised Code, whenever the secretary of state has or should have	30961
knowledge of a failure to comply with or a violation of a	30962
provision in one of those sections, by filing a complaint with the	30963
Ohio elections commission under section 3517.153 of the Revised	30964
Code;	30965

(O) Make an annual report to the governor containing the	30966
results of elections, the cost of elections in the various	30967
counties, a tabulation of the votes in the several political	30968
subdivisions, and other information and recommendations relative	30969
to elections the secretary of state considers desirable;	30970

(P) Prescribe and distribute to boards of elections a list of	30971
instructions indicating all legal steps necessary to petition	30972
successfully for local option elections under sections 4301.32 to	30973
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	30974

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	30975
~~to require each board~~for the removal by boards of elections to	30976
~~remove~~of ineligible voters from the statewide voter registration	30977
database and, if ~~already prepared for a particular election~~	30978
applicable, from the poll list or signature pollbook used in each	30979
precinct, which rules shall provide for all of the following:	30980

(1) A process for the removal of voters who have changed	30981
residence, which shall be uniform, nondiscriminatory, and in	30982
compliance with the Voting Rights Act of 1965 and the National	30983
Voter Registration Act of 1993, including a program that uses the	30984
national change of address service provided by the United States	30985
postal system through its licensees;	30986

(2) A process for the removal of ineligible voters under	30987
section 3503.21 of the Revised Code;	30988

(3) A uniform system for marking or removing the name of an	30989
~~ineligible~~a voter who is ineligible to vote from the statewide	30990
voter registration database and, if ~~already prepared for a~~	30991
~~particular election~~applicable, from the poll list or signature	30992
pollbook used in each precinct and noting the reason for that mark	30993
or removal.	30994

(R) Prescribe a general program for registering voters or	30995
updating voter registration information, such as name and	30996
residence changes, at designated agencies, the offices of deputy	30997
registrars of motor vehicles, public high schools and vocational	30998
schools, public libraries, and the offices of county treasurers,	30999
and prescribe a program of distribution of voter registration	31000
forms through those agencies, the offices of the registrar and	31001
deputy registrars of motor vehicles, public high schools and	31002
vocational schools, public libraries, and the offices of county	31003
treasurers;	31004

(S) To the extent feasible, provide copies, at no cost and	31005
upon request, of the voter registration form in post offices in	31006
this state;	31007

(T) Adopt rules pursuant to section 111.15 of the Revised	31008
Code for the purpose of implementing the program for registering	31009
voters at designated agencies and the offices of the registrar and	31010
deputy registrars of motor vehicles consistent with this chapter;	31011

(U) Establish the full-time position of Americans with	31012
Disabilities Act coordinator within the office of the secretary of	31013
state to do all of the following:	31014

(1) Assist the secretary of state with ensuring that there is	31015
equal access to polling places for persons with disabilities;	31016

(2) Assist the secretary of state with ensuring that each	31017
voter may cast the voter's ballot in a manner that provides the	31018
same opportunity for access and participation, including privacy	31019
and independence, as for other voters;	31020

(3) Advise the secretary of state in the development of	31021
standards for the certification of voting machines, marking	31022
devices, and automatic tabulating equipment.	31023

(V) Establish and maintain a computerized statewide database	31024
of all legally registered voters under section 3503.15 of the	31025
Revised Code that complies with the requirements of the "Help	31026
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	31027
and provide training in the operation of that system;	31028

(W) Ensure that all directives, advisories, other	31029
instructions, or decisions issued or made during or as a result of	31030
any conference or teleconference call with a board of elections to	31031
discuss the proper methods and procedures for conducting	31032
elections, to answer questions regarding elections, or to discuss	31033
the interpretation of directives, advisories, or other	31034
instructions issued by the secretary of state are posted on a web	31035
site of the office of the secretary of state as soon as is	31036
practicable after the completion of the conference or	31037
teleconference call, but not later than the close of business on	31038
the same day as the conference or teleconference call takes place.	31039

(X) Publish a report on a web site of the office of the	31040
secretary of state not later than one month after the completion	31041
of the canvass of the election returns for each primary and	31042
general election, identifying, by county, the number of absent	31043
voter's ballots cast and the number of those ballots that were	31044
counted, and the number of provisional ballots cast and the number	31045
of those ballots that were counted, for that election. The	31046
secretary of state shall maintain the information on the web site	31047
in an archive format for each subsequent election.	31048

(Y) Conduct voter education outlining voter identification,	31049
absent voters ballot, provisional ballot, and other voting	31050
requirements;	31051

(Z) Establish a procedure by which a registered elector may	31052
~~update the elector's~~make available to a board of elections a more	31053
recent signature to be used in the poll list or signature pollbook	31054
produced by the board of elections of the county in which the	31055
elector resides;	31056

(AA) Disseminate information, which may include all or part	31057
of the official explanations and arguments, by means of direct	31058
mail or other written publication, broadcast, or other means or	31059
combination of means, as directed by the Ohio ballot board under	31060
division (F) of section 3505.062 of the Revised Code, in order to	31061
inform the voters as fully as possible concerning each proposed	31062
constitutional amendment, proposed law, or referendum;	31063

(BB) Perform other duties required by law.

31064

Whenever a primary election is held under section 3513.32 of	31065
the Revised Code or a special election is held under section	31066
3521.03 of the Revised Code to fill a vacancy in the office of	31067
representative to congress, the secretary of state shall establish	31068
a deadline, notwithstanding any other deadline required under the	31069
Revised Code, by which any or all of the following shall occur:	31070
the filing of a declaration of candidacy and petitions or a	31071
statement of candidacy and nominating petition together with the	31072
applicable filing fee; the filing of protests against the	31073
candidacy of any person filing a declaration of candidacy or	31074
nominating petition; the filing of a declaration of intent to be a	31075
write-in candidate; the filing of campaign finance reports; the	31076
preparation of, and the making of corrections or challenges to,	31077
precinct voter registration lists; the receipt of applications for	31078
absent voter's ballots or armed service absent voter's ballots;	31079
the supplying of election materials to precincts by boards of	31080
elections; the holding of hearings by boards of elections to	31081
consider challenges to the right of a person to appear on a voter	31082
registration list; and the scheduling of programs to instruct or	31083
reinstruct election officers.	31084

In the performance of the secretary of state's duties as the	31085
chief election officer, the secretary of state may administer	31086
oaths, issue subpoenas, summon witnesses, compel the production of	31087
books, papers, records, and other evidence, and fix the time and	31088
place for hearing any matters relating to the administration and	31089
enforcement of the election laws.	31090

In any controversy involving or arising out of the adoption	31091
of registration or the appropriation of funds for registration,	31092
the secretary of state may, through the attorney general, bring an	31093
action in the name of the state in the court of common pleas of	31094
the county where the cause of action arose or in an adjoining	31095
county, to adjudicate the question.	31096

In any action involving the laws in Title XXXV of the Revised	31097
Code wherein the interpretation of those laws is in issue in such	31098
a manner that the result of the action will affect the lawful	31099
duties of the secretary of state or of any board of elections, the	31100
secretary of state may, on the secretary of state's motion, be	31101
made a party.	31102

The secretary of state may apply to any court that is hearing	31103
a case in which the secretary of state is a party, for a change of	31104
venue as a substantive right, and the change of venue shall be	31105
allowed, and the case removed to the court of common pleas of an	31106
adjoining county named in the application or, if there are cases	31107
pending in more than one jurisdiction that involve the same or	31108
similar issues, the court of common pleas of Franklin county.	31109

Public high schools and vocational schools, public libraries,	31110
and the office of a county treasurer shall implement voter	31111
registration programs as directed by the secretary of state	31112
pursuant to this section.	31113

Sec. 3501.11. Each board of elections shall exercise by a	31114
majority vote all powers granted to the board by Title XXXV of the	31115
Revised Code, shall perform all the duties imposed by law, and	31116
shall do all of the following:	31117

(A) Establish, define, provide, rearrange, and combine	31118
election precincts;	31119

(B) Fix and provide the places for registration and for	31120
holding primaries and elections;	31121

(C) Provide for the purchase, preservation, and maintenance	31122
of booths, ballot boxes, books, maps, flags, blanks, cards of	31123
instructions, and other forms, papers, and equipment used in	31124
registration, nominations, and elections;	31125

(D) Appoint and remove its director, deputy director, and	31126
employees and all registrars, judges, and other officers of	31127
elections, fill vacancies, and designate the ward or district and	31128
precinct in which each shall serve;	31129

(E) Make and issue rules and instructions, not inconsistent	31130
with law or the rules, directives, or advisories issued by the	31131
secretary of state, as it considers necessary for the guidance of	31132
election officers and voters;	31133

(F) Advertise and contract for the printing of all ballots	31134
and other supplies used in registrations and elections;	31135

(G) Provide for the issuance of all notices, advertisements,	31136
and publications concerning elections, except as otherwise	31137
provided in division (G) of section 3501.17 and divisions (F) and	31138
(G) of section 3505.062 of the Revised Code;	31139

(H) Provide for the delivery of ballots, pollbooks, and other	31140
required papers and material to the polling places;	31141

(I) Cause the polling places to be suitably provided with	31142
voting machines, marking devices, automatic tabulating equipment,	31143
stalls, and other required supplies. In fulfilling this duty, each	31144
board of a county that uses voting machines, marking devices, or	31145
automatic tabulating equipment shall conduct a full vote of the	31146
board during a public session of the board on the allocation and	31147
distribution of voting machines, marking devices, and automatic	31148
tabulating equipment for each precinct in the county.	31149

(J) Investigate irregularities, nonperformance of duties, or	31150
violations of Title XXXV of the Revised Code by election officers	31151
and other persons; administer oaths, issue subpoenas, summon	31152
witnesses, and compel the production of books, papers, records,	31153
and other evidence in connection with any such investigation; and	31154
report the facts to the prosecuting attorney or the secretary of	31155
state;	31156

(K) Review, examine, and certify the sufficiency and validity	31157
of petitions and nomination papers, and, after certification,	31158
return to the secretary of state all petitions and nomination	31159
papers that the secretary of state forwarded to the board;	31160

(L) Receive the returns of elections, canvass the returns,	31161
make abstracts of them, and transmit those abstracts to the proper	31162
authorities;	31163

(M) Issue certificates of election on forms to be prescribed	31164
by the secretary of state;	31165

(N) Make an annual report to the secretary of state, on the	31166
form prescribed by the secretary of state, containing a statement	31167
of the number of voters registered, elections held, votes cast,	31168
appropriations received, expenditures made, and other data	31169
required by the secretary of state;	31170

(O) Prepare and submit to the proper appropriating officer a	31171
budget estimating the cost of elections for the ensuing fiscal	31172
year;	31173

(P) Perform other duties as prescribed by law or the rules,	31174
directives, or advisories of the secretary of state;	31175

(Q) Investigate and determine the residence qualifications of	31176
electors;	31177

(R) Administer oaths in matters pertaining to the	31178
administration of the election laws;	31179

(S) Prepare and submit to the secretary of state, whenever	31180
the secretary of state requires, a report containing the names and	31181
residence addresses of all incumbent county, municipal, township,	31182
and board of education officials serving in their respective	31183
counties;	31184

(T) Establish and maintain a voter registration database of	31185
all qualified electors in the county who offer to register;	31186

(U) Maintain voter registration records, make reports	31187
concerning voter registration as required by the secretary of	31188
state, and remove ineligible electors from voter registration	31189
lists in accordance with law and directives of the secretary of	31190
state;	31191

(V) Give approval to ballot language for any local question	31192
or issue and transmit the language to the secretary of state for	31193
the secretary of state's final approval;	31194

(W) Prepare and cause the following notice to be displayed in	31195
a prominent location in every polling place:	31196

"NOTICE

31197

Ohio law prohibits any person from voting or attempting to	31198
vote more than once at the same election.	31199

Violators are guilty of a felony of the fourth degree and	31200
shall be imprisoned and additionally may be fined in accordance	31201
with law."	31202

(X) In all cases of a tie vote or a disagreement in the	31203
board, if no decision can be arrived at, the director or	31204
chairperson shall submit the matter in controversy, not later than	31205
fourteen days after the tie vote or the disagreement, to the	31206
secretary of state, who shall summarily decide the question, and	31207
the secretary of state's decision shall be final.	31208

(Y) Assist each designated agency, deputy registrar of motor	31209
vehicles, public high school and vocational school, public	31210
library, and office of a county treasurer in the implementation of	31211
a program for registering voters at all voter registration	31212
locations as prescribed by the secretary of state. Under this	31213
program, each board of elections shall direct to the appropriate	31214
board of elections any voter registration applications for persons	31215
residing outside the county where the board is located within five	31216
days after receiving the applications.	31217

(Z) On any day on which an elector may vote in person at the	31218
office of the board or at another site designated by the board,	31219
consider the board or other designated site a polling place for	31220
that day. All requirements or prohibitions of law that apply to a	31221
polling place shall apply to the office of the board or other	31222
designated site on that day.	31223

Sec. 3501.17. (A) The expenses of the board of elections	31224
shall be paid from the county treasury, in pursuance of	31225
appropriations by the board of county commissioners, in the same	31226
manner as other county expenses are paid. If the board of county	31227
commissioners fails to appropriate an amount sufficient to provide	31228
for the necessary and proper expenses of the board of elections	31229
pertaining to the conduct of elections, the board of elections	31230
may apply to the court of common pleas within the county, which	31231
shall fix the amount necessary to be appropriated and the amount	31232
shall be appropriated. Payments shall be made upon vouchers of the	31233
board of elections certified to by its chairperson or acting	31234
chairperson and the director or deputy director, upon warrants of	31235
the county auditor.	31236

The board of elections shall not incur any obligation	31237
involving the expenditure of money unless there are moneys	31238
sufficient in the funds appropriated therefor to meet the	31239
obligation. If the board of elections requests a transfer of funds	31240
from one of its appropriation items to another, the board of	31241
county commissioners shall adopt a resolution providing for the	31242
transfer except as otherwise provided in section 5705.40 of the	31243
Revised Code. The expenses of the board of elections shall be	31244
apportioned among the county and the various subdivisions as	31245
provided in this section, and the amount chargeable to each	31246
subdivision shall be withheld by the auditor from the moneys	31247
payable thereto at the time of the next tax settlement. At the	31248
time of submitting budget estimates in each year, the board of	31249
elections shall submit to the taxing authority of each	31250
subdivision, upon the request of the subdivision, an estimate of	31251
the amount to be withheld from the subdivision during the next	31252
fiscal year.	31253

(B) Except as otherwise provided in division (F) of this	31254
section, the ~~entire~~ compensation of the members of the board of	31255
elections and of the director, deputy director, and ~~other~~regular	31256
employees in the board's offices, other than compensation for	31257
overtime worked; the expenditures for the rental, furnishing, and	31258
equipping of the office of the board and for the necessary office	31259
supplies for the use of the board; the expenditures for the	31260
acquisition, repair, care, and custody of the polling places,	31261
booths, guardrails, and other equipment for polling places; the	31262
cost of ~~pollbooks,~~ tally sheets, maps, flags, ballot boxes, and	31263
all other permanent records and equipment; the cost of all	31264
elections held in and for the state and county; and all other	31265
expenses of the board which are not chargeable to a political	31266
subdivision in accordance with this section shall be paid in the	31267
same manner as other county expenses are paid.	31268

(C) The compensation of judges ~~and clerks~~ of elections and	31269
intermittent employees in the board's offices; the cost of	31270
renting, moving, heating, and lighting polling places and of	31271
placing and removing ballot boxes and other fixtures and equipment	31272
thereof, including voting machines, marking devices, and automatic	31273
tabulating equipment; the cost of printing and delivering ballots,	31274
cards of instructions, registration lists required under section	31275
3503.23 of the Revised Code, and other election supplies,	31276
including the supplies required to comply with division (H) of	31277
section 3506.01 of the Revised Code; the cost of contractors	31278
engaged by the board to prepare, program, test, and operate voting	31279
machines, marking devices, and automatic tabulating equipment; and	31280
all other expenses of conducting primaries and elections in the	31281
odd-numbered years shall be charged to the subdivisions in and for	31282
which such primaries or elections are held. The charge for each	31283
primary or general election in odd-numbered years for each	31284
subdivision shall be determined in the following manner: first,	31285
the total cost of all chargeable items used in conducting such	31286
elections shall be ascertained; second, the total charge shall be	31287
divided by the number of precincts participating in such election,	31288
in order to fix the cost per precinct; third, the cost per	31289
precinct shall be prorated by the board of elections to the	31290
subdivisions conducting elections for the nomination or election	31291
of offices in such precinct; fourth, the total cost for each	31292
subdivision shall be determined by adding the charges prorated to	31293
it in each precinct within the subdivision.	31294

(D) The entire cost of special elections held on a day other	31295
than the day of a primary or general election, both in	31296
odd-numbered or in even-numbered years, shall be charged to the	31297
subdivision. Where a special election is held on the same day as a	31298
primary or general election in an even-numbered year, the	31299
subdivision submitting the special election shall be charged only	31300
for the cost of ballots and advertising. Where a special election	31301
is held on the same day as a primary or general election in an	31302
odd-numbered year, the subdivision submitting the special election	31303
shall be charged for the cost of ballots and advertising for such	31304
special election, in addition to the charges prorated to such	31305
subdivision for the election or nomination of candidates in each	31306
precinct within the subdivision, as set forth in the preceding	31307
paragraph.	31308

(E) Where a special election is held on the day specified by	31309
division (E) of section 3501.01 of the Revised Code for the	31310
holding of a primary election, for the purpose of submitting to	31311
the voters of the state constitutional amendments proposed by the	31312
general assembly, and a subdivision conducts a special election on	31313
the same day, the entire cost of the special election shall be	31314
divided proportionally between the state and the subdivision based	31315
upon a ratio determined by the number of issues placed on the	31316
ballot by each, except as otherwise provided in division (G) of	31317
this section. Such proportional division of cost shall be made	31318
only to the extent funds are available for such purpose from	31319
amounts appropriated by the general assembly to the secretary of	31320
state. If a primary election is also being conducted in the	31321
subdivision, the costs shall be apportioned as otherwise provided	31322
in this section.	31323

(F) When a precinct is open during a general, primary, or	31324
special election solely for the purpose of submitting to the	31325
voters a statewide ballot issue, the state shall bear the entire	31326
cost of the election in that precinct and shall reimburse the	31327
county for all expenses incurred in opening the precinct.	31328

(G) The state shall bear the entire cost of advertising in	31329
newspapers statewide ballot issues, explanations of those issues,	31330
and arguments for or against those issues, as required by Section	31331
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	31332
and any other section of law ~~and~~. The Ohio ballot board shall	31333
reimburse the ~~counties~~secretary of state for all expenses ~~they~~	31334
~~incur~~the secretary of state incurs for such advertising under	31335
division (G) of section 3505.062 of the Revised Code.	31336

(H) The cost of renting, heating, and lighting registration	31337
places; the cost of the necessary books, forms, and supplies for	31338
the conduct of registration; and the cost of printing and posting	31339
precinct registration lists shall be charged to the subdivision in	31340
which such registration is held.	31341

(I) At the request of a majority of the members of the board	31342
of elections, the board of county commissioners may, by	31343
resolution, establish an elections revenue fund. Except as	31344
otherwise provided in this division, the purpose of the fund shall	31345
be to accumulate revenue withheld by or paid to the county under	31346
this section for the payment of any expense related to the duties	31347
of the board of elections specified in section 3501.11 of the	31348
Revised Code, upon approval of a majority of the members of the	31349
board of elections. The fund shall not accumulate any revenue	31350
withheld by or paid to the county under this section for the	31351
compensation of the members of the board of elections or of the	31352
director, deputy director, or other regular employees in the	31353
board's offices, other than compensation for overtime worked.	31354

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	31355
Revised Code, the board of county commissioners may, by	31356
resolution, transfer money to the elections revenue fund from any	31357
other fund of the political subdivision from which such payments	31358
lawfully may be made. Following an affirmative vote of a majority	31359
of the members of the board of elections, the board of county	31360
commissioners may, by resolution, rescind an elections revenue	31361
fund established under this division. If an elections revenue fund	31362
is rescinded, money that has accumulated in the fund shall be	31363
transferred to the county general fund.	31364

(J) As used in this section~~, "statewide~~:

31365

(1) "Political subdivision" and "subdivision" mean any board	31366
of county commissioners, board of township trustees, legislative	31367
authority of a municipal corporation, board of education, or any	31368
other board, commission, district, or authority that is empowered	31369
to levy taxes or permitted to receive the proceeds of a tax levy,	31370
regardless of whether the entity receives tax settlement moneys as	31371
described in division (A) of this section;	31372

(2) "Statewide ballot issue" means any ballot issue, whether	31373
proposed by the general assembly or by initiative or referendum,	31374
that is submitted to the voters throughout the state.	31375

Sec. 3501.31. The board of elections shall mail to each	31376
precinct election official notice of the date, hours, and place of	31377
holding each election in the official's respective precinct at	31378
which it desires the official to serve. Each of such officials	31379
shall notify the board immediately upon receipt of such notice of	31380
any inability to serve.	31381

The election official designated as presiding judge under	31382
section 3501.22 of the Revised Code shall call at the office of	31383
the board at such time before the day of the election, not earlier	31384
than the tenth day before the day of the election, as the board	31385
designates to obtain the ballots, pollbooks, registration forms	31386
and lists, and other material to be used in the official's polling	31387
place on election day.	31388

The board may also provide for the delivery of such materials	31389
to polling places in a municipal corporation by members of the	31390
police department of such municipal corporation; or the board may	31391
provide for the delivery of such materials to the presiding judge	31392
not earlier than the tenth day before the election, in any manner	31393
it finds to be advisable.	31394

On election day the precinct election officials shall	31395
punctually attend the polling place one-half hour before the time	31396
fixed for opening the polls. Each of the precinct election	31397
officials shall thereupon make and subscribe to a statement which	31398
shall be as follows:	31399

"State of Ohio

31400

County of ...............

31401

I do solemnly swear under the penalty of perjury that I will	31402
support the constitution of the United States of America and the	31403
constitution of the state of Ohio and its laws; that I have not	31404
been convicted of a felony or any violation of the election laws;	31405
that I will discharge to the best of my ability the duties of	31406
~~.................... (judge or clerk) ....................~~judge	31407
of election in and for precinct .................... in the	31408
.................... (township) or (ward and city or village)	31409
.................... in the county of ...................., in the	31410
election to be held on the .......... day of ...............,	31411
....., as required by law and the rules and instructions of the	31412
board of elections of said county; and that I will endeavor to	31413
prevent fraud in such election, and will report immediately to	31414
said board any violations of the election laws which come to my	31415
attention, and will not disclose any information as to how any	31416
elector voted which is gained by me in the discharge of my	31417
official duties.	31418

............................................................

31419

............................................................

31420

............................................................

31421

............................................................

31422

............................................................

31423

............................................................

31424

(Signatures of precinct election officials)"

31425

If any of the other precinct officials is absent at that	31426
time, the presiding judge, with the concurrence of a majority of	31427
the precinct election officials present, shall appoint a qualified	31428
elector who is a member of the same political party as the	31429
political party of which such absent precinct election official is	31430
a member to fill the vacancy until the board appoints a person to	31431
fill such vacancy and the person so appointed reports for duty at	31432
the polling place. The presiding judge shall promptly notify the	31433
board of such vacancy by telephone or otherwise. The presiding	31434
judge also shall assign the precinct election officials to their	31435
respective duties and shall have general charge of the polling	31436
place.	31437

Sec. 3505.062. The Ohio ballot board shall do all of the	31438
following:	31439

(A) Examine, within ten days after its receipt, each written	31440
initiative petition received from the attorney general under	31441
section 3519.01 of the Revised Code to determine whether it	31442
contains only one proposed law or constitutional amendment so as	31443
to enable the voters to vote on a proposal separately. If the	31444
board so determines, it shall certify its approval to the attorney	31445
general, who then shall file with the secretary of state in	31446
accordance with division (A) of section 3519.01 of the Revised	31447
Code a verified copy of the proposed law or constitutional	31448
amendment together with its summary and the attorney general's	31449
certification of it.	31450

If the board determines that the initiative petition contains	31451
more than one proposed law or constitutional amendment, the board	31452
shall divide the initiative petition into individual petitions	31453
containing only one proposed law or constitutional amendment so as	31454
to enable the voters to vote on each proposal separately and	31455
certify its approval to the attorney general. If the board so	31456
divides an initiative petition and so certifies its approval to	31457
the attorney general, the petitioners shall resubmit to the	31458
attorney general appropriate summaries for each of the individual	31459
petitions arising from the board's division of the initiative	31460
petition, and the attorney general then shall review the	31461
resubmissions as provided in division (A) of section 3519.01 of	31462
the Revised Code.	31463

(B) Prescribe the ballot language for constitutional	31464
amendments proposed by the general assembly to be printed on the	31465
questions and issues ballot, which language shall properly	31466
identify the substance of the proposal to be voted upon;	31467

(C) Prepare an explanation of each constitutional amendment	31468
proposed by the general assembly, which explanation may include	31469
the purpose and effects of the proposed amendment;	31470

(D) Certify the ballot language and explanation, if any, to	31471
the secretary of state no later than seventy-five days before the	31472
election at which the proposed question or issue is to be	31473
submitted to the voters;	31474

(E) Prepare, or designate a group of persons to prepare,	31475
arguments in support of or in opposition to a constitutional	31476
amendment proposed by a resolution of the general assembly, a	31477
constitutional amendment or state law proposed by initiative	31478
petition, or a state law, or section or item of state law, subject	31479
to a referendum petition, if the persons otherwise responsible for	31480
the preparation of those arguments fail to timely prepare and file	31481
them;	31482

(F) Direct the means by which the secretary of state shall	31483
disseminate information concerning proposed constitutional	31484
amendments, proposed laws, and referenda to the voters;	31485

(G) Direct the ~~chairperson to reimburse county boards of~~	31486
~~elections for public notice costs associated with statewide ballot~~	31487
~~issues, to the extent that the general assembly appropriates money~~	31488
~~for that purpose~~secretary of state to contract for the	31489
publication in a newspaper of general circulation in each county	31490
in the state of the ballot language, explanations, and arguments	31491
regarding each of the following:	31492

(1) A constitutional amendment or law proposed by initiative	31493
petition under Section 1g of Article II of the Ohio Constitution;	31494

(2) A law, section, or item of law submitted to the electors	31495
by referendum petition under Section 1g of Article II of the Ohio	31496
Constitution;	31497

(3) A constitutional amendment submitted to the electors by	31498
the general assembly under Section 1 of Article XVI of the Ohio	31499
Constitution.	31500

Sec. 3505.063. (A) When the general assembly adopts a	31501
resolution proposing a constitutional amendment, it may, by	31502
resolution, designate a group of members who voted in support of	31503
the resolution to prepare arguments for the proposed amendment,	31504
and a group of members who voted in opposition to the resolution	31505
to prepare arguments against the proposed amendment. If no members	31506
voted in opposition to the resolution, or if the general assembly	31507
chooses not to designate a group of members to prepare arguments	31508
for the proposed amendment or chooses not to designate a group of	31509
members to prepare arguments against the proposed amendment, the	31510
Ohio ballot board shall prepare or designate a group of persons to	31511
prepare the relevant arguments. All arguments prepared under this	31512
division shall be filed with the secretary of state not later than	31513
eighty days before the date of the election. No argument shall	31514
exceed three hundred words.	31515

(B)(1) If the group of members of the general assembly or	31516
other group of persons designated under division (A) of this	31517
section fail to prepare and file their arguments in support of or	31518
in opposition to the proposed amendment by the eightieth day	31519
before the date of the election, the secretary of state shall	31520
notify the Ohio ballot board that those arguments have not been so	31521
prepared and filed. The board then shall prepare the missing	31522
arguments or designate a group of persons to prepare those	31523
arguments. All arguments prepared under this division shall be	31524
filed with the secretary of state not later than seventy-five days	31525
before the date of the election. No argument shall exceed three	31526
hundred words.	31527

(2) If the Ohio ballot board fails to provide for the	31528
preparation of missing arguments under division (B)(1) of this	31529
section after being notified by the secretary of state that one or	31530
more arguments have not been timely prepared and filed, the	31531
positions of the four appointed members of the board shall be	31532
considered vacant, and new members shall be appointed in the	31533
manner provided for original appointments.	31534

~~(C) The secretary of state shall disseminate information,~~	31535
~~which may include part or all of the official explanation and~~	31536
~~arguments concerning proposed amendments, by means of direct mail~~	31537
~~or other written publication, broadcast, or other means or~~	31538
~~combination of means, as the Ohio ballot board may direct, in~~	31539
~~order to inform the voters as fully as possible concerning~~	31540
~~proposed amendments.~~	31541

Sec. 3505.23. No voter shall be allowed to occupy a voting	31542
compartment or use a voting machine more than five minutes when	31543
all the voting compartments or machines are in use and voters are	31544
waiting to occupy them. Except as otherwise provided by section	31545
3505.24 of the Revised Code, no voter shall occupy a voting	31546
compartment or machine with another person or speak to anyone, nor	31547
shall anyone speak to the voter, while the voter is in a voting	31548
compartment or machine.	31549

In precincts that do not use voting machines the following	31550
procedure shall be followed:	31551

If a voter tears, soils, defaces, or erroneously marks a	31552
ballot the voter may return it to the precinct election officials	31553
and a second ballot shall be issued to the voter. Before returning	31554
a torn, soiled, defaced, or erroneously marked ballot, the voter	31555
shall fold it so as to conceal any marks the voter made upon it,	31556
but the voter shall not remove Stub A therefrom. If the voter	31557
tears, soils, defaces, or erroneously marks such second ballot,	31558
the voter may return it to the precinct election officials, and a	31559
third ballot shall be issued to the voter. In no case shall more	31560
than three ballots be issued to a voter. Upon receiving a returned	31561
torn, soiled, defaced, or erroneously marked ballot the precinct	31562
election officials shall detach Stub A therefrom, write "Defaced"	31563
on the back of such ballot, and place the stub and the ballot in	31564
the separate containers provided therefor.	31565

No elector shall leave the polling place until the elector	31566
returns to the precinct election officials every ballot issued to	31567
the elector with Stub A on each ballot attached thereto,	31568
regardless of whether the elector has or has not placed any marks	31569
upon the ballot.	31570

Before leaving the voting compartment, the voter shall fold	31571
each ballot marked by the voter so that no part of the face of the	31572
ballot is visible, and so that the printing thereon indicating the	31573
kind of ballot it is and the facsimile signatures of the members	31574
of the board of elections are visible. The voter shall then leave	31575
the voting compartment, deliver the voter's ballots, and state the	31576
voter's name to the judge having charge of the ballot boxes, who	31577
shall announce the name, detach Stub A from each ballot, and	31578
announce the number on the stubs. The ~~clerks~~judges in charge of	31579
the poll lists or poll books shall check to ascertain whether the	31580
number so announced is the number on Stub B of the ballots issued	31581
to such voter, and if no discrepancy appears to exist, the judge	31582
in charge of the ballot boxes shall, in the presence of the voter,	31583
deposit each such ballot in the proper ballot box and shall place	31584
Stub A from each ballot in the container provided therefor. The	31585
voter shall then immediately leave the polling place.	31586

No ballot delivered by a voter to the judge in charge of the	31587
ballot boxes with Stub A detached therefrom, and only ballots	31588
provided in accordance with Title XXXV of the Revised Code, shall	31589
be voted or deposited in the ballot boxes.	31590

In marking a presidential ballot, the voter shall record the	31591
vote in the manner provided on the ballot next to the names of the	31592
candidates for the offices of president and vice-president. Such	31593
ballot shall be considered and counted as a vote for each of the	31594
candidates for election as presidential elector whose names were	31595
certified to the secretary of state by the political party of such	31596
nominees for president and vice-president.	31597

In marking an office type ballot or nonpartisan ballot, the	31598
voter shall record the vote in the manner provided on the ballot	31599
next to the name of each candidate for whom the voter desires to	31600
vote.	31601

In marking a primary election ballot, the voter shall record	31602
the vote in the manner provided on the ballot next to the name of	31603
each candidate for whom the voter desires to vote. If the voter	31604
desires to vote for the nomination of a person whose name is not	31605
printed on the primary election ballot, the voter may do so by	31606
writing such person's name on the ballot in the proper place	31607
provided for such purpose.	31608

In marking a questions and issues ballot, the voter shall	31609
record the vote in the manner provided on the ballot at the left	31610
or at the right of "YES" or "NO" or other words of similar import	31611
which are printed on the ballot to enable the voter to indicate	31612
how the voter votes in connection with each question or issue upon	31613
which the voter desires to vote.	31614

In marking any ballot on which a blank space has been	31615
provided wherein an elector may write in the name of a person for	31616
whom hethe elector desires to vote, the elector shall write such	31617
person's name in such blank space and on no other place on the	31618
ballot. Unless specific provision is made by statute, no blank	31619
space shall be provided on a ballot for write-in votes, and any	31620
names written on a ballot other than in a blank space provided	31621
therefor shall not be counted or recorded.	31622

Sec. 3513.21. At the close of the polls in a primary	31623
election, the judges ~~and clerks~~ of election shall proceed without	31624
delay to canvass the vote, sign and seal it, and make returns	31625
thereof to the board of elections forthwith on the forms to be	31626
provided by the board. The provisions of Title XXXV of the Revised	31627
Code relating to the accounting for and return of all ballots at	31628
general elections apply to primary ballots.	31629

If there is any disagreement as to how a ballot should be	31630
counted it shall be submitted to all of the judges. If three of	31631
the judges do not agree as to how any part of the ballot shall be	31632
counted, that part of such ballot which three of the judges do	31633
agree shall be counted and a notation made upon the ballot	31634
indicating what part has not been counted, and shall be placed in	31635
an envelope provided for that purpose, marked "Disputed Ballots"	31636
and returned to the board. ~~When the board has, by the adoption of~~	31637
~~a resolution, provided that the officials at a party primary~~	31638
~~election when only one party primary is to be held for the~~	31639
~~nomination of candidates for municipal office, shall be two judges~~	31640
~~and two clerks, the clerks shall be considered judges for the~~	31641
~~purposes of this section.~~	31642

The board shall, on the day when the vote is canvassed, open	31643
such sealed envelopes, determine what ballots and for whom they	31644
should be counted, and proceed to count and tally the votes on	31645
such ballots.	31646

Sec. 3517.106. (A) As used in this section:

31647

(1) "Statewide office" means any of the offices of governor,	31648
lieutenant governor, secretary of state, auditor of state,	31649
treasurer of state, attorney general, chief justice of the supreme	31650
court, and justice of the supreme court.	31651

(2) "Addendum to a statement" includes an amendment or other	31652
correction to that statement.	31653

(B)(1) The secretary of state shall store on computer the	31654
information contained in statements of contributions and	31655
expenditures and monthly statements required to be filed under	31656
section 3517.10 of the Revised Code and in statements of	31657
independent expenditures required to be filed under section	31658
3517.105 of the Revised Code by any of the following:	31659

(a) The campaign committees of candidates for statewide	31660
office;	31661

(b) The political action committees and political	31662
contributing entities described in division (A)(1) of section	31663
3517.11 of the Revised Code;	31664

31665

(d) State political parties;

31666

(e) Individuals, partnerships, corporations, labor	31667
organizations, or other entities that make independent	31668
expenditures in support of or opposition to a statewide candidate	31669
or a statewide ballot issue or question;	31670

(f) The campaign committees of candidates for the office of	31671
member of the general assembly;	31672

(g) County political parties, with respect to their state	31673
candidate funds.	31674

(2) The secretary of state shall store on computer the	31675
information contained in disclosure of electioneering	31676
communications statements required to be filed under section	31677
3517.1011 of the Revised Code.	31678

(3) The secretary of state shall store on computer the	31679
information contained in deposit and disbursement statements	31680
required to be filed with the office of the secretary of state	31681
under section 3517.1012 of the Revised Code.	31682

(4) The secretary of state shall store on computer the gift	31683
and disbursement information contained in statements required to	31684
be filed with the office of the secretary of state under section	31685
3517.1013 of the Revised Code.	31686

(C)(1) The secretary of state shall make available to the	31687
campaign committees, political action committees, political	31688
contributing entities, legislative campaign funds, political	31689
parties, individuals, partnerships, corporations, labor	31690
organizations, and other entities described in division (B) of	31691
this section, and to members of the news media and other	31692
interested persons, for a reasonable fee, computer programs that	31693
are compatible with the secretary of state's method of storing the	31694
information contained in the statements.	31695

(2) The secretary of state shall make the information	31696
required to be stored under division (B) of this section available	31697
on computer at the secretary of state's office so that, to the	31698
maximum extent feasible, individuals may obtain at the secretary	31699
of state's office any part or all of that information for any	31700
given year, subject to the limitation expressed in division (D) of	31701
this section.	31702

(D) The secretary of state shall keep the information stored	31703
on computer under division (B) of this section for at least six	31704
years.	31705

(E)(1) Subject to division (L) of this section and subject to	31706
the secretary of state having implemented, tested, and verified	31707
the successful operation of any system the secretary of state	31708
prescribes pursuant to division (H)(1) of this section and	31709
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	31710
Code for the filing of campaign finance statements by electronic	31711
means of transmission, the campaign committee of each candidate	31712
for statewide office may file the statements prescribed by section	31713
3517.10 of the Revised Code by electronic means of transmission	31714
or, if the total amount of the contributions received or the total	31715
amount of the expenditures made by the campaign committee for the	31716
applicable reporting period as specified in division (A) of	31717
section 3517.10 of the Revised Code exceeds ten thousand dollars,	31718
shall file those statements by electronic means of transmission.	31719

Except as otherwise provided in this division, within five	31720
business days after a statement filed by a campaign committee of a	31721
candidate for statewide office is received by the secretary of	31722
state by electronic or other means of transmission, the secretary	31723
of state shall make available online to the public through the	31724
internet, as provided in division (I) of this section, the	31725
contribution and expenditure information in that statement. The	31726
secretary of state shall not make available online to the public	31727
through the internet any contribution or expenditure information	31728
contained in a statement for any candidate until the secretary of	31729
state is able to make available online to the public through the	31730
internet the contribution and expenditure information for all	31731
candidates for a particular office, or until the applicable filing	31732
deadline for that statement has passed, whichever is sooner. As	31733
soon as the secretary of state has available all of the	31734
contribution and expenditure information for all candidates for a	31735
particular office, or as soon as the applicable filing deadline	31736
for a statement has passed, whichever is sooner, the secretary of	31737
state shall simultaneously make available online to the public	31738
through the internet the information for all candidates for that	31739
office.	31740

If a statement filed by electronic means of transmission is	31741
found to be incomplete or inaccurate after the examination of the	31742
statement for completeness and accuracy pursuant to division	31743
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	31744
committee shall file by electronic means of transmission any	31745
addendum to the statement that provides the information necessary	31746
to complete or correct the statement or, if required by the	31747
secretary of state under that division, an amended statement.	31748

Within five business days after the secretary of state	31749
receives from a campaign committee of a candidate for statewide	31750
office an addendum to the statement or an amended statement by	31751
electronic or other means of transmission under this division or	31752
division (B)(3)(a) of section 3517.11 of the Revised Code, the	31753
secretary of state shall make the contribution and expenditure	31754
information in the addendum or amended statement available online	31755
to the public through the internet as provided in division (I) of	31756
this section.	31757

(2) Subject to the secretary of state having implemented,	31758
tested, and verified the successful operation of any system the	31759
secretary of state prescribes pursuant to division (H)(1) of this	31760
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	31761
the Revised Code for the filing of campaign finance statements by	31762
electronic means of transmission, a political action committee and	31763
a political contributing entity described in division (B)(1)(b) of	31764
this section, a legislative campaign fund, and a state political	31765
party may file the statements prescribed by section 3517.10 of the	31766
Revised Code by electronic means of transmission or, if the total	31767
amount of the contributions received or the total amount of the	31768
expenditures made by the political action committee, political	31769
contributing entity, legislative campaign fund, or state political	31770
party for the applicable reporting period as specified in division	31771
(A) of section 3517.10 of the Revised Code exceeds ten thousand	31772
dollars, shall file those statements by electronic means of	31773
transmission.	31774

Within five business days after a statement filed by a	31775
political action committee or a political contributing entity	31776
described in division (B)(1)(b) of this section, a legislative	31777
campaign fund, or a state political party is received by the	31778
secretary of state by electronic or other means of transmission,	31779
the secretary of state shall make available online to the public	31780
through the internet, as provided in division (I) of this section,	31781
the contribution and expenditure information in that statement.	31782

If a statement filed by electronic means of transmission is	31783
found to be incomplete or inaccurate after the examination of the	31784
statement for completeness and accuracy pursuant to division	31785
(B)(3)(a) of section 3517.11 of the Revised Code, the political	31786
action committee, political contributing entity, legislative	31787
campaign fund, or state political party shall file by electronic	31788
means of transmission any addendum to the statement that provides	31789
the information necessary to complete or correct the statement or,	31790
if required by the secretary of state under that division, an	31791
amended statement.	31792

Within five business days after the secretary of state	31793
receives from a political action committee or a political	31794
contributing entity described in division (B)(1)(b) of this	31795
section, a legislative campaign fund, or a state political party	31796
an addendum to the statement or an amended statement by electronic	31797
or other means of transmission under this division or division	31798
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	31799
state shall make the contribution and expenditure information in	31800
the addendum or amended statement available online to the public	31801
through the internet as provided in division (I) of this section.	31802

(3) Subject to the secretary of state having implemented,	31803
tested, and verified the successful operation of any system the	31804
secretary of state prescribes pursuant to division (H)(1) of this	31805
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	31806
the Revised Code for the filing of campaign finance statements by	31807
electronic means of transmission, a county political party shall	31808
file the statements prescribed by section 3517.10 of the Revised	31809
Code with respect to its state candidate fund by electronic means	31810
of transmission to the office of the secretary of state.	31811

Within five business days after a statement filed by a county	31812
political party with respect to its state candidate fund is	31813
received by the secretary of state by electronic means of	31814
transmission, the secretary of state shall make available online	31815
to the public through the internet, as provided in division (I) of	31816
this section, the contribution and expenditure information in that	31817
statement.	31818

If a statement is found to be incomplete or inaccurate after	31819
the examination of the statement for completeness and accuracy	31820
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	31821
Code, a county political party shall file by electronic means of	31822
transmission any addendum to the statement that provides the	31823
information necessary to complete or correct the statement or, if	31824
required by the secretary of state under that division, an amended	31825
statement.	31826

Within five business days after the secretary of state	31827
receives from a county political party an addendum to the	31828
statement or an amended statement by electronic means of	31829
transmission under this division or division (B)(3)(a) of section	31830
3517.11 of the Revised Code, the secretary of state shall make the	31831
contribution and expenditure information in the addendum or	31832
amended statement available online to the public through the	31833
internet as provided in division (I) of this section.	31834

(F)(1) Subject to division (L) of this section and subject to	31835
the secretary of state having implemented, tested, and verified	31836
the successful operation of any system the secretary of state	31837
prescribes pursuant to division (H)(1) of this section and	31838
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	31839
Code for the filing of campaign finance statements by electronic	31840
means of transmission, a campaign committee of a candidate for the	31841
office of member of the general assembly or a campaign committee	31842
of a candidate for the office of judge of a court of appeals may	31843
file the statements prescribed by section 3517.10 of the Revised	31844
Code in accordance with division (A)(2) of section 3517.11 of the	31845
Revised Code or by electronic means of transmission to the office	31846
of the secretary of state or, if the total amount of the	31847
contributions received by the campaign committee for the	31848
applicable reporting period as specified in division (A) of	31849
section 3517.10 of the Revised Code exceeds ten thousand dollars,	31850
shall file those statements by electronic means of transmission to	31851
the office of the secretary of state.	31852

Except as otherwise provided in this division, within five	31853
business days after a statement filed by a campaign committee of a	31854
candidate for the office of member of the general assembly or a	31855
campaign committee of a candidate for the office of judge of a	31856
court of appeals is received by the secretary of state by	31857
electronic or other means of transmission, the secretary of state	31858
shall make available online to the public through the internet, as	31859
provided in division (I) of this section, the contribution and	31860
expenditure information in that statement. The secretary of state	31861
shall not make available online to the public through the internet	31862
any contribution or expenditure information contained in a	31863
statement for any candidate until the secretary of state is able	31864
to make available online to the public through the internet the	31865
contribution and expenditure information for all candidates for a	31866
particular office, or until the applicable filing deadline for	31867
that statement has passed, whichever is sooner. As soon as the	31868
secretary of state has available all of the contribution and	31869
expenditure information for all candidates for a particular	31870
office, or as soon as the applicable filing deadline for a	31871
statement has passed, whichever is sooner, the secretary of state	31872
shall simultaneously make available online to the public through	31873
the internet the information for all candidates for that office.	31874

If a statement filed by electronic means of transmission is	31875
found to be incomplete or inaccurate after the examination of the	31876
statement for completeness and accuracy pursuant to division	31877
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	31878
committee shall file by electronic means of transmission to the	31879
office of the secretary of state any addendum to the statement	31880
that provides the information necessary to complete or correct the	31881
statement or, if required by the secretary of state under that	31882
division, an amended statement.	31883

Within five business days after the secretary of state	31884
receives from a campaign committee of a candidate for the office	31885
of member of the general assembly or a campaign committee of a	31886
candidate for the office of judge of a court of appeals an	31887
addendum to the statement or an amended statement by electronic or	31888
other means of transmission under this division or division	31889
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	31890
state shall make the contribution and expenditure information in	31891
the addendum or amended statement available online to the public	31892
through the internet as provided in division (I) of this section.	31893

(2) If a statement, addendum, or amended statement is not	31894
filed by electronic means of transmission to the office of the	31895
secretary of state but is filed by printed version only under	31896
division (A)(2) of section 3517.11 of the Revised Code with the	31897
appropriate board of elections, the campaign committee of a	31898
candidate for the office of member of the general assembly or a	31899
campaign committee of a candidate for the office of judge of a	31900
court of appeals shall file two copies of the printed version of	31901
the statement, addendum, or amended statement with the board of	31902
elections. The board of elections shall send one of those copies	31903
by ~~overnight delivery service~~certified mail to the secretary of	31904
state before the close of business on the day the board of	31905
elections receives the statement, addendum, or amended statement.	31906

(G) Subject to the secretary of state having implemented,	31907
tested, and verified the successful operation of any system the	31908
secretary of state prescribes pursuant to division (H)(1) of this	31909
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	31910
the Revised Code for the filing of campaign finance statements by	31911
electronic means of transmission, any individual, partnership, or	31912
other entity that makes independent expenditures in support of or	31913
opposition to a statewide candidate or a statewide ballot issue or	31914
question as provided in division (B)(2)(b) or (C)(2)(b) of section	31915
3517.105 of the Revised Code may file the statement specified in	31916
that division by electronic means of transmission or, if the total	31917
amount of independent expenditures made during the reporting	31918
period under that division exceeds ten thousand dollars, shall	31919
file the statement specified in that division by electronic means	31920
of transmission.	31921

Within five business days after a statement filed by an	31922
individual, partnership, or other entity is received by the	31923
secretary of state by electronic or other means of transmission,	31924
the secretary of state shall make available online to the public	31925
through the internet, as provided in division (I) of this section,	31926
the expenditure information in that statement.	31927

If a statement filed by electronic means of transmission is	31928
found to be incomplete or inaccurate after the examination of the	31929
statement for completeness and accuracy pursuant to division	31930
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	31931
partnership, or other entity shall file by electronic means of	31932
transmission any addendum to the statement that provides the	31933
information necessary to complete or correct the statement or, if	31934
required by the secretary of state under that division, an amended	31935
statement.	31936

Within five business days after the secretary of state	31937
receives from an individual, partnership, or other entity	31938
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	31939
of the Revised Code an addendum to the statement or an amended	31940
statement by electronic or other means of transmission under this	31941
division or division (B)(3)(a) of section 3517.11 of the Revised	31942
Code, the secretary of state shall make the expenditure	31943
information in the addendum or amended statement available online	31944
to the public through the internet as provided in division (I) of	31945
this section.	31946

(H)(1) The secretary of state, by rule adopted pursuant to	31947
section 3517.23 of the Revised Code, shall prescribe one or more	31948
techniques by which a person who executes and transmits by	31949
electronic means a statement of contributions and expenditures, a	31950
statement of independent expenditures, a disclosure of	31951
electioneering communications statement, a deposit and	31952
disbursement statement, or a gift and disbursement statement, an	31953
addendum to any of those statements, an amended statement of	31954
contributions and expenditures, an amended statement of	31955
independent expenditures, an amended disclosure of electioneering	31956
communications statement, an amended deposit and disbursement	31957
statement, or an amended gift and disbursement statement, under	31958
this section or section 3517.10, 3517.105, 3517.1011, 3517.1012,	31959
or 3517.1013 of the Revised Code shall electronically sign the	31960
statement, addendum, or amended statement. Any technique	31961
prescribed by the secretary of state pursuant to this division	31962
shall create an electronic signature that satisfies all of the	31963
following:	31964

(a) It is unique to the signer.

31965

(b) It objectively identifies the signer.

31966

(c) It involves the use of a signature device or other means	31967
or method that is under the sole control of the signer and that	31968
cannot be readily duplicated or compromised.	31969

(d) It is created and linked to the electronic record to	31970
which it relates in a manner that, if the record or signature is	31971
intentionally or unintentionally changed after signing, the	31972
electronic signature is invalidated.	31973

(2) An electronic signature prescribed by the secretary of	31974
state under division (H)(1) of this section shall be attached to	31975
or associated with the statement of contributions and	31976
expenditures, the statement of independent expenditures, the	31977
disclosure of electioneering communications statement, the deposit	31978
and disbursement statement, or the gift and disbursement	31979
statement, the addendum to any of those statements, the amended	31980
statement of contributions and expenditures, the amended statement	31981
of independent expenditures, the amended disclosure of	31982
electioneering communications statement, the amended deposit and	31983
disbursement statement, or the amended gift and disbursement	31984
statement that is executed and transmitted by electronic means by	31985
the person to whom the electronic signature is attributed. The	31986
electronic signature that is attached to or associated with the	31987
statement, addendum, or amended statement under this division	31988
shall be binding on all persons and for all purposes under the	31989
campaign finance reporting law as if the signature had been	31990
handwritten in ink on a printed form.	31991

(I) The secretary of state shall make the contribution and	31992
expenditure, the contribution and disbursement, the deposit and	31993
disbursement, or the gift and disbursement information in all	31994
statements, all addenda to the statements, and all amended	31995
statements that are filed with the secretary of state by	31996
electronic or other means of transmission under this section or	31997
section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or	31998
3517.11 of the Revised Code available online to the public by any	31999
means that are searchable, viewable, and accessible through the	32000
internet.	32001

(J)(1) As used in this division, "library" means a library	32002
that is open to the public and that is one of the following:	32003

(a) A library that is maintained and regulated under section	32004
715.13 of the Revised Code;	32005

(b) A library that is created, maintained, and regulated	32006
under Chapter 3375. of the Revised Code.	32007

(2) The secretary of state shall notify all libraries of the	32008
location on the internet at which the contribution and	32009
expenditure, contribution and disbursement, deposit and	32010
disbursement, or gift and disbursement information in campaign	32011
finance statements required to be made available online to the	32012
public through the internet pursuant to division (I) of this	32013
section may be accessed.	32014

If that location is part of the world wide web and if the	32015
secretary of state has notified a library of that world wide web	32016
location as required by this division, the library shall include a	32017
link to that world wide web location on each internet-connected	32018
computer it maintains that is accessible to the public.	32019

(3) If the system the secretary of state prescribes for the	32020
filing of campaign finance statements by electronic means of	32021
transmission pursuant to division (H)(1) of this section and	32022
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	32023
Code includes filing those statements through the internet via the	32024
world wide web, the secretary of state shall notify all libraries	32025
of the world wide web location at which those statements may be	32026
filed.	32027

If those statements may be filed through the internet via the	32028
world wide web and if the secretary of state has notified a	32029
library of that world wide web location as required by this	32030
division, the library shall include a link to that world wide web	32031
location on each internet-connected computer it maintains that is	32032
accessible to the public.	32033

(K) It is an affirmative defense to a complaint or charge	32034
brought against any campaign committee, political action	32035
committee, political contributing entity, legislative campaign	32036
fund, or political party, any individual, partnership, or other	32037
entity, or any person making disbursements to pay the direct costs	32038
of producing or airing electioneering communications, for the	32039
failure to file by electronic means of transmission a campaign	32040
finance statement as required by this section or section 3517.10,	32041
3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code	32042
that all of the following apply to the campaign committee,	32043
political action committee, political contributing entity,	32044
legislative campaign fund, or political party, the individual,	32045
partnership, or other entity, or the person making disbursements	32046
to pay the direct costs of producing or airing electioneering	32047
communications, that failed to so file:	32048

(1) The campaign committee, political action committee,	32049
political contributing entity, legislative campaign fund, or	32050
political party, the individual, partnership, or other entity, or	32051
the person making disbursements to pay the direct costs of	32052
producing or airing electioneering communications attempted to	32053
file by electronic means of transmission the required statement	32054
prior to the deadline set forth in the applicable section.	32055

(2) The campaign committee, political action committee,	32056
political contributing entity, legislative campaign fund, or	32057
political party, the individual, partnership, or other entity, or	32058
the person making disbursements to pay the direct costs of	32059
producing or airing electioneering communications was unable to	32060
file by electronic means of transmission due to an expected or	32061
unexpected shutdown of the whole or part of the electronic	32062
campaign finance statement-filing system, such as for maintenance	32063
or because of hardware, software, or network connection failure.	32064

(3) The campaign committee, political action committee,	32065
political contributing entity, legislative campaign fund, or	32066
political party, the individual, partnership, or other entity, or	32067
the person making disbursements to pay the direct costs of	32068
producing or airing electioneering communications filed by	32069
electronic means of transmission the required statement within a	32070
reasonable period of time after being unable to so file it under	32071
the circumstance described in division (K)(2) of this section.	32072

(L)(1) The secretary of state shall adopt rules pursuant to	32073
Chapter 119. of the Revised Code to permit a campaign committee of	32074
a candidate for statewide office that makes expenditures of less	32075
than twenty-five thousand dollars during the filing period or a	32076
campaign committee for the office of member of the general	32077
assembly or the office of judge of a court of appeals that would	32078
otherwise be required to file campaign finance statements by	32079
electronic means of transmission under division (E) or (F) of this	32080
section to file those statements by paper with the office of the	32081
secretary of state. Those rules shall provide for all of the	32082
following:	32083

(a) An eligible campaign committee that wishes to file a	32084
campaign finance statement by paper instead of by electronic means	32085
of transmission shall file the statement on paper with the office	32086
of the secretary of state not sooner than twenty-four hours after	32087
the end of the filing period set forth in section 3517.10 of the	32088
Revised Code that is covered by the applicable statement.	32089

(b) The statement shall be accompanied by a fee, the amount	32090
of which the secretary of state shall determine by rule. The	32091
amount of the fee established under this division shall not exceed	32092
the data entry and data verification costs the secretary of state	32093
will incur to convert the information on the statement to an	32094
electronic format as required under division (I) of this section.	32095

(c) The secretary of state shall arrange for the information	32096
in campaign finance statements filed pursuant to division (L) of	32097
this section to be made available online to the public through the	32098
internet in the same manner, and at the same times, as information	32099
is made available under divisions (E), (F), and (I) of this	32100
section for candidates whose campaign committees file those	32101
statements by electronic means of transmission.	32102

(d) The candidate of an eligible campaign committee that	32103
intends to file a campaign finance statement pursuant to division	32104
(L) of this section shall file a notice indicating that the	32105
candidate's campaign committee intends to so file and stating that	32106
filing the statement by electronic means of transmission would	32107
constitute a hardship for the candidate or for the eligible	32108
campaign committee.	32109

(e) An eligible campaign committee that files a campaign	32110
finance statement on paper pursuant to division (L) of this	32111
section shall review the contribution and information made	32112
available online by the secretary of state with respect to that	32113
paper filing and shall notify the secretary of state of any errors	32114
with respect to that filing that appear in the data made available	32115
on that web site.	32116

(f) If an eligible campaign committee whose candidate has	32117
filed a notice in accordance with rules adopted under division	32118
(L)(1)(d) of this section subsequently fails to file that	32119
statement on paper by the applicable deadline established in rules	32120
adopted under division (L)(1)(a) of this section, penalties for	32121
the late filing of the campaign finance statement shall apply to	32122
that campaign committee for each day after that paper filing	32123
deadline, as if the campaign committee had filed the statement	32124
after the applicable deadline set forth in division (A) of section	32125
3517.10 of the Revised Code.	32126

(2) The process for permitting campaign committees that would	32127
otherwise be required to file campaign finance statements by	32128
electronic means of transmission to file those statements on paper	32129
with the office of the secretary of state that is required to be	32130
developed under division (L)(1) of this section shall be in effect	32131
and available for use by eligible campaign committees for all	32132
campaign finance statements that are required to be filed on or	32133
after June 30, 2005. Notwithstanding any provision of the Revised	32134
Code to the contrary, if the process the secretary of state is	32135
required to develop under division (L)(1) of this section is not	32136
in effect and available for use on and after June 30, 2005, all	32137
penalties for the failure of campaign committees to file campaign	32138
finance statements by electronic means of transmission shall be	32139
suspended until such time as that process is in effect and	32140
available for use.	32141

(3) Notwithstanding any provision of the Revised Code to the	32142
contrary, any eligible campaign committee that files campaign	32143
finance statements on paper with the office of the secretary of	32144
state pursuant to division (L)(1) of this section shall be deemed	32145
to have filed those campaign finance statements by electronic	32146
means of transmission to the office of the secretary of state.	32147

Sec. 3517.11. (A)(1) Campaign committees of candidates for	32148
statewide office or the state board of education, political action	32149
committees or political contributing entities that make	32150
contributions to campaign committees of candidates that are	32151
required to file the statements prescribed by section 3517.10 of	32152
the Revised Code with the secretary of state, political action	32153
committees or political contributing entities that make	32154
contributions to campaign committees of candidates for member of	32155
the general assembly, political action committees or political	32156
contributing entities that make contributions to state and	32157
national political parties and to legislative campaign funds,	32158
political action committees or political contributing entities	32159
that receive contributions or make expenditures in connection with	32160
a statewide ballot issue, political action committees or political	32161
contributing entities that make contributions to other political	32162
action committees or political contributing entities, political	32163
parties, and campaign committees, except as set forth in division	32164
(A)(3) of this section, legislative campaign funds, and state and	32165
national political parties shall file the statements prescribed by	32166
section 3517.10 of the Revised Code with the secretary of state.	32167

(2)(a) Except as otherwise provided in division (F) of	32168
section 3517.106 of the Revised Code, campaign committees of	32169
candidates for all other offices shall file the statements	32170
prescribed by section 3517.10 of the Revised Code with the board	32171
of elections where their candidates are required to file their	32172
petitions or other papers for nomination or election.	32173

(b) A campaign committee of a candidate for office of member	32174
of the general assembly or a campaign committee of a candidate for	32175
the office of judge of a court of appeals shall file two copies of	32176
the printed version of any statement, addendum, or amended	32177
statement if the committee does not file pursuant to division	32178
(F)(1) or (L) of section 3517.106 of the Revised Code but files by	32179
printed version only with the appropriate board of elections. The	32180
board of elections shall send one of those copies by ~~overnight~~	32181
~~delivery service~~certified mail to the secretary of state before	32182
the close of business on the day the board of elections receives	32183
the statement, addendum, or amended statement.	32184

(3) Political action committees or political contributing	32185
entities that only contribute to a county political party,	32186
contribute to campaign committees of candidates whose nomination	32187
or election is to be submitted only to electors within a county,	32188
subdivision, or district, excluding candidates for member of the	32189
general assembly, and receive contributions or make expenditures	32190
in connection with ballot questions or issues to be submitted only	32191
to electors within a county, subdivision, or district shall file	32192
the statements prescribed by section 3517.10 of the Revised Code	32193
with the board of elections in that county or in the county	32194
contained in whole or part within the subdivision or district	32195
having a population greater than that of any other county	32196
contained in whole or part within that subdivision or district, as	32197
the case may be.	32198

(4) Except as otherwise provided in division (E)(3) of	32199
section 3517.106 of the Revised Code with respect to state	32200
candidate funds, county political parties shall file the	32201
statements prescribed by section 3517.10 of the Revised Code with	32202
the board of elections of their respective counties.	32203

(B)(1) The official with whom petitions and other papers for	32204
nomination or election to public office are filed shall furnish	32205
each candidate at the time of that filing a copy of sections	32206
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	32207
3599.031 of the Revised Code and any other materials that the	32208
secretary of state may require. Each candidate receiving the	32209
materials shall acknowledge their receipt in writing.	32210

(2) On or before the tenth day before the dates on which	32211
statements are required to be filed by section 3517.10 of the	32212
Revised Code, every candidate subject to the provisions of this	32213
section and sections 3517.10 and 3517.106 of the Revised Code	32214
shall be notified of the requirements and applicable penalties of	32215
those sections. The secretary of state, by certified mail, return	32216
receipt requested, shall notify all candidates required to file	32217
those statements with the secretary of state's office. The board	32218
of elections of every county shall notify by first class mail any	32219
candidate who has personally appeared at the office of the board	32220
on or before the tenth day before the statements are required to	32221
be filed and signed a form, to be provided by the secretary of	32222
state, attesting that the candidate has been notified of the	32223
candidate's obligations under the campaign finance law. The board	32224
shall forward the completed form to the secretary of state. The	32225
board shall use certified mail, return receipt requested, to	32226
notify all other candidates required to file those statements with	32227
it.	32228

(3)(a) Any statement required to be filed under sections	32229
3517.081 to 3517.17 of the Revised Code that is found to be	32230
incomplete or inaccurate by the officer to whom it is submitted	32231
shall be accepted on a conditional basis, and the person who filed	32232
it shall be notified by certified mail as to the incomplete or	32233
inaccurate nature of the statement. The secretary of state may	32234
examine statements filed for candidates for the office of member	32235
of the general assembly and candidates for the office of judge of	32236
a court of appeals for completeness and accuracy. The secretary of	32237
state shall examine for completeness and accuracy statements that	32238
campaign committees of candidates for the office of member of the	32239
general assembly and campaign committees of candidates for the	32240
office of judge of a court of appeals file pursuant to division	32241
(F) or (L) of section 3517.106 of the Revised Code. If an officer	32242
at the board of elections where a statement filed for a candidate	32243
for the office of member of the general assembly or for a	32244
candidate for the office of judge of a court of appeals was	32245
submitted finds the statement to be incomplete or inaccurate, the	32246
officer shall immediately notify the secretary of state of its	32247
incomplete or inaccurate nature. If either an officer at the board	32248
of elections or the secretary of state finds a statement filed for	32249
a candidate for the office of member of the general assembly or	32250
for a candidate for the office of judge of a court of appeals to	32251
be incomplete or inaccurate, only the secretary of state shall	32252
send the notification as to the incomplete or inaccurate nature of	32253
the statement.	32254

Within twenty-one days after receipt of the notice, in the	32255
case of a pre-election statement, a postelection statement, a	32256
monthly statement, an annual statement, or a semiannual statement	32257
prescribed by section 3517.10, an annual statement prescribed by	32258
section 3517.101, or a statement prescribed by division (B)(2)(b)	32259
or (C)(2)(b) of section 3517.105 or section 3517.107 of the	32260
Revised Code, the recipient shall file an addendum, amendment, or	32261
other correction to the statement providing the information	32262
necessary to complete or correct the statement. The secretary of	32263
state may require that, in lieu of filing an addendum, amendment,	32264
or other correction to a statement that is filed by electronic	32265
means of transmission to the office of the secretary of state	32266
pursuant to section 3517.106 of the Revised Code, the recipient of	32267
the notice described in this division file by electronic means of	32268
transmission an amended statement that incorporates the	32269
information necessary to complete or correct the statement.	32270

The secretary of state shall determine by rule when an	32271
addendum, amendment, or other correction to any of the following	32272
or when an amended statement of any of the following shall be	32273
filed:	32274

(i) A two-business-day statement prescribed by section	32275
3517.10 of the Revised Code;	32276

(ii) A disclosure of electioneering communications statement	32277
prescribed by division (D) of section 3517.1011 of the Revised	32278
Code;	32279

(iii) A deposit and disbursement statement prescribed under	32280
division (B) of section 3517.1012 of the Revised Code;	32281

(iv) A gift and disbursement statement prescribed under	32282
section 3517.1013 of the Revised Code.	32283

An addendum, amendment, or other correction to a statement	32284
that is filed by electronic means of transmission pursuant to	32285
section 3517.106 of the Revised Code shall be filed in the same	32286
manner as the statement.	32287

The provisions of sections 3517.10, 3517.106, 3517.1011,	32288
3517.1012, and 3517.1013 of the Revised Code pertaining to the	32289
filing of statements of contributions and expenditures, statements	32290
of independent expenditures, disclosure of electioneering	32291
communications statements, deposit and disbursement statements,	32292
and gift and disbursement statements by electronic means of	32293
transmission apply to the filing of addenda, amendments, or other	32294
corrections to those statements by electronic means of	32295
transmission and the filing of amended statements by electronic	32296
means of transmission.	32297

(b) Within five business days after the secretary of state	32298
receives, by electronic or other means of transmission, an	32299
addendum, amendment, or other correction to a statement or an	32300
amended statement under division (B)(3)(a) of this section, the	32301
secretary of state, pursuant to divisions (E), (F), (G), and (I)	32302
of section 3517.106 or division (D) of section 3517.1011 of the	32303
Revised Code, shall make the contribution and expenditure,	32304
contribution and disbursement, deposit and disbursement, or gift	32305
and disbursement information in that addendum, amendment,	32306
correction, or amended statement available online to the public	32307
through the internet.	32308

(4)(a) The secretary of state or the board of elections shall	32309
examine all statements for compliance with sections 3517.08 to	32310
3517.17 of the Revised Code.	32311

(b) The secretary of state may contract with an individual or	32312
entity not associated with the secretary of state and experienced	32313
in interpreting the campaign finance law of this state to conduct	32314
examinations of statements filed by any statewide candidate, as	32315
defined in section 3517.103 of the Revised Code.	32316

(c) The examination shall be conducted by a person or entity	32317
qualified to conduct it. The results of the examination shall be	32318
available to the public, and, when the examination is conducted by	32319
an individual or entity not associated with the secretary of	32320
state, the results of the examination shall be reported to the	32321
secretary of state.	32322

(C)(1) In the event of a failure to file or a late filing of	32323
a statement required to be filed under sections 3517.081 to	32324
3517.17 of the Revised Code, or if a filed statement or any	32325
addendum, amendment, or other correction to a statement or any	32326
amended statement, if an addendum, amendment, or other correction	32327
or an amended statement is required to be filed, is incomplete or	32328
inaccurate or appears to disclose a failure to comply with or a	32329
violation of law, the official whose duty it is to examine the	32330
statement shall promptly file a complaint with the Ohio elections	32331
commission under section 3517.153 of the Revised Code if the law	32332
is one over which the commission has jurisdiction to hear	32333
complaints, or the official shall promptly report the failure or	32334
violation to the board of elections and the board shall promptly	32335
report it to the prosecuting attorney in accordance with division	32336
(J) of section 3501.11 of the Revised Code. If the official files	32337
a complaint with the commission, the commission shall proceed in	32338
accordance with sections 3517.154 to 3517.157 of the Revised Code.	32339

(2) For purposes of division (C)(1) of this section, a	32340
statement or an addendum, amendment, or other correction to a	32341
statement or an amended statement required to be filed under	32342
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	32343
inaccurate under this section if the statement, addendum,	32344
amendment, other correction, or amended statement fails to	32345
disclose substantially all contributions or gifts that are	32346
received or deposits that are made that are required to be	32347
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,	32348
3517.1012, and 3517.1013 of the Revised Code or if the statement,	32349
addendum, amendment, other correction, or amended statement fails	32350
to disclose at least ninety per cent of the total contributions or	32351
gifts received or deposits made or of the total expenditures or	32352
disbursements made during the reporting period.	32353

(D) No certificate of nomination or election shall be issued	32354
to a person, and no person elected to an office shall enter upon	32355
the performance of the duties of that office, until that person or	32356
that person's campaign committee, as appropriate, has fully	32357
complied with this section and sections 3517.08, 3517.081,	32358
3517.10, and 3517.13 of the Revised Code.	32359

Sec. 3599.17. (A) No elections official serving as a	32360
registrar,or judge~~, or clerk~~ of elections shall do any of the	32361
following:	32362

(1) Fail to appear before the board of elections, or its	32363
representative, after notice has been served personally upon the	32364
official or left at the official's usual place of residence, for	32365
examination as to the official's qualifications;	32366

(2) Fail to appear at the polling place to which the official	32367
is assigned at the hour and during the hours set for the	32368
registration or election;	32369

(3) Fail to take the oath prescribed by section 3501.31 of	32370
the Revised Code, unless excused by such board;	32371

(4) Refuse or sanction the refusal of another registrar or	32372
judge of elections to administer an oath required by law;	32373

(5) Fail to send notice to the board of the appointment of a	32374
judge ~~or clerk~~ to fill a vacancy;	32375

(6) Act as registrar,or judge~~, or clerk~~ without having been	32376
appointed and having received a certificate of appointment, except	32377
a judge ~~or clerk~~ appointed to fill a vacancy caused by absence or	32378
removal;	32379

(7) Fail in any other way to perform any duty imposed by law.

32380

(B) Whoever violates division (A) of this section is guilty	32381
of a misdemeanor of the first degree.	32382

Sec. 3599.19. (A) No judge ~~or clerk~~ of elections shall	32383
knowingly do any of the following:	32384

(1) Unlawfully open or permit to be opened the sealed package	32385
containing registration lists, ballots, blanks, pollbooks, and	32386
other papers and material to be used in an election;	32387

(2) Unlawfully misplace, carry away, negligently lose or	32388
permit to be taken from the judge ~~or clerk~~, fail to deliver, or	32389
destroy any such packages, papers, or material;	32390

(3) Receive or sanction the reception of a ballot from a	32391
person not a qualified elector or from a person who refused to	32392
answer a question in accordance with the election law;	32393

(4) Refuse to receive or sanction the rejection of a ballot	32394
from a person, knowing that person to be a qualified elector;	32395

(5) Permit a fraudulent ballot to be placed in the ballot	32396
box;	32397

(6) Place or permit to be placed in any ballot box any ballot	32398
known by the judge ~~or clerk~~ to be improperly or falsely marked;	32399

(7) Count or permit to be counted any illegal or fraudulent	32400
ballot;	32401

(8) Mislead an elector who is physically unable to prepare	32402
the elector's ballot, mark a ballot for such elector otherwise	32403
than as directed by that elector, or disclose to any person,	32404
except when legally required to do so, how such elector voted;	32405

(9) Alter or mark or permit any alteration or marking on any	32406
ballot when counting the ballots;	32407

(10) Unlawfully count or tally or sanction the wrongful	32408
counting or tallying of votes;	32409

(11) After the counting of votes commences, as required by	32410
law, postpone or sanction the postponement of the counting of	32411
votes, adjourn at any time or to any place, or remove the ballot	32412
box from the place of voting, or from the custody or presence of	32413
all the judges ~~and clerks~~ of such elections;	32414

(12) Permit any ballot to remain or to be in the ballot box	32415
at the opening of the polls, or to be put in the box during the	32416
counting of the ballots, or to be left in the box without being	32417
counted;	32418

(13) Admit or sanction the admission to the polling room at	32419
an election during the receiving, counting, and certifying of	32420
votes of any person not qualified by law to be so admitted;	32421

(14) Refuse to admit or sanction the refusal to admit any	32422
person, upon lawful request for admission, who is legally	32423
qualified to be present;	32424

(15) Permit or sanction the counting of the ballots contrary	32425
to the manner prescribed by law;	32426

(16) Neglect or unlawfully execute any duty enjoined upon the	32427
judge ~~or clerk~~ by law.	32428

(B) Whoever violates division (A) of this section is guilty	32429
of a misdemeanor of the first degree.	32430

Sec. 3599.37. (A) No person having been subpoenaed or	32431
ordered to appear before a grand jury, court, board, or officer in	32432
a proceeding or prosecution upon a complaint, information,	32433
affidavit, or indictment for an offense under an election law	32434
shall do either of the following:	32435

(1) Fail to appear or, having appeared, refuse to answer a	32436
question pertinent to the matter under inquiry or investigation;	32437

(2) Refuse to produce, upon reasonable notice, any material,	32438
books, papers, documents, or records in that person's possession	32439
or under that person's control.	32440

(B) Whoever violates division (A) of this section, unless the	32441
violator ~~claims~~personally appears before the grand jury, court,	32442
board, or officer and asserts the protection of the violator's	32443
constitutional rights, is guilty of a misdemeanor of the first	32444
degree.	32445

Sec. 3701.047. (A) As used in this section:

32446

(1) "Federally qualified health center" means a health center	32447
that receives a federal public health services grant under the	32448
"Public Health Services Act," 117 Stat. 2020, 42 U.S.C. 254b, as	32449
amended, or another health center designated by the U.S. Health	32450
Resources and Services Administration as a federally qualified	32451
health center.	32452

(2) "Federally qualified health center look-alike" means a	32453
public or not-for-profit health center that meets the eligibility	32454
requirements to receive a federal public health services grant	32455
under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C.	32456
254b, as amended, but does not receive grant funding.	32457

(B) The department of health may enter into an agreement with	32458
the state's primary care association to promote the establishment	32459
of new federally qualified health centers and federally qualified	32460
health center look-alikes.	32461

The department and the association may assist local	32462
communities and community health centers by providing grants and	32463
grant writing assistance to establish health centers as defined in	32464
42 U.S.C. 254b, regardless of whether the health centers apply for	32465
a grant under that section.	32466

Sec. 3701.135. (A) The autism diagnosis education pilot	32467
program is hereby established in the department of health. The	32468
program shall have the following goals:	32469

(1) To educate health care professionals, teachers and other	32470
educational personnel, child care providers, parents, early	32471
intervention and developmental disabilities providers, and other	32472
community-based services providers in this state regarding the	32473
diagnosis of autism spectrum disorders, including the range of	32474
symptoms that may indicate autism spectrum disorders and screening	32475
tools;	32476

(2) To promote appropriate standards for the diagnosis of	32477
autism spectrum disorders in children, including screening tools	32478
and treatment planning for children diagnosed with autism spectrum	32479
disorders;	32480

(3) To encourage physicians and other health care	32481
professionals with expertise in screening, diagnosing, and	32482
treating autism spectrum disorders to share that information with	32483
other health care professionals in this state;	32484

(4) To encourage the regional coordination of services to	32485
facilitate the effective, timely treatment of children diagnosed	32486
with autism spectrum disorders.	32487

(B) The director of health shall contract with a statewide	32488
association representing pediatric physicians to conduct or	32489
administer the autism diagnosis education pilot program.	32490

Sec. 3701.74. (A) As used in this section and section	32491
3701.741 of the Revised Code:	32492

(1) "Ambulatory care facility" means a facility that provides	32493
medical, diagnostic, or surgical treatment to patients who do not	32494
require hospitalization, including a dialysis center, ambulatory	32495
surgical facility, cardiac catheterization facility, diagnostic	32496
imaging center, extracorporeal shock wave lithotripsy center, home	32497
health agency, inpatient hospice, birthing center, radiation	32498
therapy center, emergency facility, and an urgent care center.	32499
"Ambulatory care facility" does not include the private office of	32500
a physician or dentist, whether the office is for an individual or	32501
group practice.	32502

(2) "Chiropractor" means an individual licensed under Chapter	32503
4734. of the Revised Code to practice chiropractic.	32504

(3) "Emergency facility" means a hospital emergency	32505
department or any other facility that provides emergency medical	32506
services.	32507

(4) "Health care practitioner" means all of the following:

32508

(a) A dentist or dental hygienist licensed under Chapter	32509
4715. of the Revised Code;	32510

(b) A registered or licensed practical nurse licensed under	32511
Chapter 4723. of the Revised Code;	32512

(c) An optometrist licensed under Chapter 4725. of the	32513
Revised Code;	32514

(d) A dispensing optician, spectacle dispensing optician,	32515
contact lens dispensing optician, or spectacle-contact lens	32516
dispensing optician licensed under Chapter 4725. of the Revised	32517
Code;	32518

(e) A pharmacist licensed under Chapter 4729. of the Revised	32519
Code;	32520

(f) A physician;

32521

(g) A physician assistant authorized under Chapter 4730. of	32522
the Revised Code to practice as a physician assistant;	32523

(h) A practitioner of a limited branch of medicine issued a	32524
certificate under Chapter 4731. of the Revised Code;	32525

(i) A psychologist licensed under Chapter 4732. of the	32526
Revised Code;	32527

(j) A chiropractor;

32528

(k) A hearing aid dealer or fitter licensed under Chapter	32529
4747. of the Revised Code;	32530

(l) A speech-language pathologist or audiologist licensed	32531
under Chapter 4753. of the Revised Code;	32532

(m) An occupational therapist or occupational therapy	32533
assistant licensed under Chapter 4755. of the Revised Code;	32534

(n) A physical therapist or physical therapy assistant	32535
licensed under Chapter 4755. of the Revised Code;	32536

(o) A professional clinical counselor, professional	32537
counselor, social worker, or independent social worker licensed,	32538
or a social work assistant registered, under Chapter 4757. of the	32539
Revised Code;	32540

(p) A dietitian licensed under Chapter 4759. of the Revised	32541
Code;	32542

(q) A respiratory care professional licensed under Chapter	32543
4761. of the Revised Code;	32544

(r) An emergency medical technician-basic, emergency medical	32545
technician-intermediate, or emergency medical technician-paramedic	32546
certified under Chapter 4765. of the Revised Code.	32547

(5) "Health care provider" means a hospital, ambulatory care	32548
facility, long-term care facility, pharmacy, emergency facility,	32549
or health care practitioner.	32550

(6) "Hospital" has the same meaning as in section 3727.01 of	32551
the Revised Code.	32552

(7) "Long-term care facility" means a nursing home,	32553
residential care facility, or home for the aging, as those terms	32554
are defined in section 3721.01 of the Revised Code; an adult care	32555
facility, as defined in section 3722.01 of the Revised Code; a	32556
nursing facility or intermediate care facility for the mentally	32557
retarded, as those terms are defined in section 5111.20 of the	32558
Revised Code; a facility or portion of a facility certified as a	32559
skilled nursing facility under Title XVIII of the "Social Security	32560
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	32561

(8) "Medical record" means data in any form that pertains to	32562
a patient's medical history, diagnosis, prognosis, or medical	32563
condition and that is generated and maintained by a health care	32564
provider in the process of the patient's health care treatment.	32565

(9) "Medical records company" means a person who stores,	32566
locates, or copies medical records for a health care provider, or	32567
is compensated for doing so by a health care provider, and charges	32568
a fee for providing medical records to a patient or patient's	32569
representative.	32570

(10) "Patient" means either of the following:

32571

(a) An individual who received health care treatment from a	32572
health care provider;	32573

(b) A guardian, as defined in section 1337.11 of the Revised	32574
Code, of an individual described in division (A)(10)(a) of this	32575
section.	32576

(11) "Patient's personal representative" means a minor	32577
patient's parent or other person acting in loco parentis, a	32578
court-appointed guardian, or a person with durable power of	32579
attorney for health care for a patient, the executor or	32580
administrator of the patient's estate, or the person responsible	32581
for the patient's estate if it is not to be probated. "Patient's	32582
personal representative" does not include an insurer authorized	32583
under Title XXXIX of the Revised Code to do the business of	32584
sickness and accident insurance in this state, a health insuring	32585
corporation holding a certificate of authority under Chapter 1751.	32586
of the Revised Code, or any other person not named in this	32587
division.	32588

(12) "Pharmacy" has the same meaning as in section 4729.01 of	32589
the Revised Code.	32590

(13) "Physician" means a person authorized under Chapter	32591
4731. of the Revised Code to practice medicine and surgery,	32592
osteopathic medicine and surgery, or podiatric medicine and	32593
surgery.	32594

(14) "Authorized person" means a person to whom a patient has	32595
given written authorization to act on the patient's behalf	32596
regarding the patient's medical record.	32597

(B) A patient, a patient's personal representative or an	32598
authorized person who wishes to examine or obtain a copy of part	32599
or all of a medical record shall submit to the health care	32600
provider a written request signed by the patient, personal	32601
representative, or authorized person dated not more than ~~sixty~~	32602
~~days~~one year before the date on which it is submitted. The	32603
request shall indicate whether the copy is to be sent to the	32604
requestor, physician or chiropractor, , or held for the requestor	32605
at the office of the health care provider. Within a reasonable	32606
time after receiving a request that meets the requirements of this	32607
division and includes sufficient information to identify the	32608
record requested, a health care provider that has the patient's	32609
medical records shall permit the patient to examine the record	32610
during regular business hours without charge or, on request, shall	32611
provide a copy of the record in accordance with section 3701.741	32612
of the Revised Code, except that if a physician or chiropractor	32613
who has treated the patient determines for clearly stated	32614
treatment reasons that disclosure of the requested record is	32615
likely to have an adverse effect on the patient, the health care	32616
provider shall provide the record to a physician or chiropractor	32617
designated by the patient. The health care provider shall take	32618
reasonable steps to establish the identity of the person making	32619
the request to examine or obtain a copy of the patient's record.	32620

(C) If a health care provider fails to furnish a medical	32621
record as required by division (B) of this section, the patient,	32622
personal representative, or authorized person who requested the	32623
record may bring a civil action to enforce the patient's right of	32624
access to the record.	32625

(D)(1) This section does not apply to medical records whose	32626
release is covered by section 173.20 or 3721.13 of the Revised	32627
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	32628
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	32629
Records," or by 42 C.F.R. 483.10.	32630

(2) Nothing in this section is intended to supersede the	32631
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	32632
and 2305.252 of the Revised Code.	32633

Sec. 3701.741. (A) Through December 31, 2008, each health	32634
care provider and medical records company shall provide copies of	32635
medical records in accordance with this section.	32636

(B) Except as provided in divisions (C) and (E) of this	32637
section, a health care provider or medical records company that	32638
receives a request for a copy of a patient's medical record shall	32639
charge not more than the amounts set forth in this section.	32640

(1) If the request is made by the patient or the patient's	32641
personal representative, total costs for copies and all services	32642
related to those copies shall not exceed the sum of the following:	32643

(a) With respect to data recorded on paper, the following	32644
amounts:	32645

(i) Two dollars and fifty cents per page for the first ten	32646
pages;	32647

(ii) Fifty-one cents per page for pages eleven through fifty;

32648

(iii) Twenty cents per page for pages fifty-one and higher;

32649

(b) With respect to data recorded other than on paper, one	32650
dollar and seventy cents per page;	32651

(c) The actual cost of any related postage incurred by the	32652
health care provider or medical records company.	32653

(2) If the request is made other than by the patient or the	32654
patient's personal representative, total costs for copies and all	32655
services related to those copies shall not exceed the sum of the	32656
following:	32657

(a) An initial fee of fifteen dollars and thirty-five cents,	32658
which shall compensate for the records search;	32659

(b) With respect to data recorded on paper, the following	32660
amounts:	32661

(i) One dollar and two cents per page for the first ten	32662
pages;	32663

(ii) Fifty-one cents per page for pages eleven through fifty;

32664

(iii) Twenty cents per page for pages fifty-one and higher.

32665

(c) With respect to data recorded other than on paper, one	32666
dollar and seventy cents per page;	32667

(d) The actual cost of any related postage incurred by the	32668
health care provider or medical records company.	32669

(C)(1) A health care provider or medical records company	32670
shall provide one copy without charge to the following:	32671

(a) The bureau of workers' compensation, in accordance with	32672
Chapters 4121. and 4123. of the Revised Code and the rules adopted	32673
under those chapters;	32674

(b) The industrial commission, in accordance with Chapters	32675
4121. and 4123. of the Revised Code and the rules adopted under	32676
those chapters;	32677

(c) The department of job and family services or a county	32678
department of job and family services, in accordance with ~~Chapter~~	32679
Chapters 5101. and 5111. of the Revised Code and the rules adopted	32680
under those chapters;	32681

(d) The attorney general, in accordance with sections 2743.51	32682
to 2743.72 of the Revised Code and any rules that may be adopted	32683
under those sections;	32684

(e) A patient or patient's personal representative if the	32685
medical record is necessary to support a claim under Title II or	32686
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42	32687
U.S.C.A. 401 and 1381, as amended, and the request is accompanied	32688
by documentation that a claim has been filed.	32689

(2) Nothing in division (C)(1) of this section requires a	32690
health care provider or medical records company to provide a copy	32691
without charge to any person or entity not listed in division	32692
(C)(1) of this section.	32693

(D) Division (C) of this section shall not be construed to	32694
supersede any rule of the bureau of workers' compensation, the	32695
industrial commission, or the department of job and family	32696
services.	32697

(E) A health care provider or medical records company may	32698
enter into a contract with either of the following for the copying	32699
of medical records at a fee other than as provided in division (B)	32700
of this section:	32701

(1) A patient, a patient's personal representative, or an	32702
authorized person;	32703

(2) An insurer authorized under Title XXXIX of the Revised	32704
Code to do the business of sickness and accident insurance in this	32705
state or health insuring corporations holding a certificate of	32706
authority under Chapter 1751. of the Revised Code.	32707

(F) This section does not apply to medical records the	32708
copying of which is covered by section 173.20 of the Revised Code	32709
or by 42 C.F.R. 483.10.	32710

Sec. 3702.52. The director of health shall administer a	32711
state certificate of need program in accordance with sections	32712
3702.51 to 3702.62 of the Revised Code and rules adopted under	32713
those sections.	32714

(A) The director shall issue rulings on whether a particular	32715
proposed project is a reviewable activity. The director shall	32716
issue a ruling not later than forty-five days after receiving a	32717
request for a ruling accompanied by the information needed to make	32718
the ruling. If the director does not issue a ruling in that time,	32719
the project shall be considered to have been ruled not a	32720
reviewable activity.	32721

(B) The director shall review applications for certificates	32722
of need. Each application shall be submitted to the director on	32723
forms prescribed by the director, shall include all information	32724
required by rules adopted under division (B) of section 3702.57 of	32725
the Revised Code, and shall be accompanied by the application fee	32726
established in rules adopted under division (G) of that section.	32727
~~Application~~	32728

Application fees received by the director under this division	32729
shall be deposited into the state treasury to the credit of the	32730
certificate of need fund, which is hereby created. The director	32731
shall use the fund only to pay the costs of administering sections	32732
3702.11 to 3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised	32733
Code and rules adopted under those sections.	32734

The director shall mail to the applicant a written notice	32735
that the application meets the criteria for a complete application	32736
specified in rules adopted under section 3702.57 of the Revised	32737
Code, or a written request for additional information, not later	32738
than ~~fifteen~~thirty days after receiving an application or a	32739
response to an earlier request for information. The director	32740
shall not make more than two requests for additional information.	32741

The director may conduct a public informational hearing in	32742
the course of reviewing any application for a certificate of need,	32743
and shall conduct one if requested to do so by any affected person	32744
not later than fifteen days after the director mails the notice	32745
that the application is complete. The hearing shall be conducted	32746
in the community in which the activities authorized by the	32747
certificate of need would be carried out. Any affected person may	32748
testify at the hearing. The director may, with the health service	32749
agency's consent, designate a health service agency to conduct the	32750
hearing.	32751

Except during a public hearing or as necessary to comply with	32752
a subpoena issued under division (F) of this section, after a	32753
notice of completeness has been received, no person shall	32754
knowingly discuss in person or by telephone the merits of the	32755
application with the director. If one or more persons request a	32756
meeting in person or by telephone, the director shall make a	32757
reasonable effort to invite interested parties to the meeting or	32758
conference call.	32759

(C) ~~Divisions (C)(1) to (7) of this section apply to~~	32760
~~certificate of need applications for which the director had not~~	32761
~~issued a written decision prior to April 20, 1995, unless the~~	32762
~~director was required, under the version of this section in effect~~	32763
~~immediately prior to June 30, 1995, to grant a certificate of need~~	32764
~~prior to June 30, 1995, because of a lack of written objections~~	32765
~~from any affected person. Divisions (C)(1) to (7) of this section~~	32766
~~do not invalidate any certificate of need that the director was~~	32767
~~required to grant prior to June 30, 1995, under that circumstance.~~	32768

~~(1) The~~All of the following apply to the process of granting	32769
or denying a certificate of need:	32770

(1) If the project proposed in a certificate of need	32771
application meets all of the applicable certificate of need	32772
criteria for approval under sections 3702.51 to 3702.62 of the	32773
Revised Code and the rules adopted under those sections, the	32774
director shall grant a certificate of need for the entire project	32775
that is the subject of the application immediately after both of	32776
the following conditions are met:	32777

(a) The board of trustees of the health service agency of the	32778
health service area in which the reviewable activity is proposed	32779
to be conducted recommends, prior to the deadline specified in	32780
division (C)(4) of this section or any extension of it under	32781
division (C)(5) of this section, that the certificate of need be	32782
granted;	32783

(b) The director ~~receives no~~does not receive any written	32784
objections to the application from any affected person by the	32785
~~later of May 20, 1995, or thirty days~~thirtieth day after the	32786
director mails the notice of completeness.	32787

(2) In the case of certificate of need applications under	32788
comparative review, if the projects proposed in the applications	32789
meet all of the applicable certificate of need criteria for	32790
approval under sections 3702.51 to 3702.62 of the Revised Code and	32791
the rules adopted under those sections, the director shall grant	32792
certificates of need for the entire projects that are the subject	32793
of the applications immediately after both of the following	32794
conditions are met:	32795

(a) The board of trustees of the health service agency of	32796
each health service area in which the reviewable activities are	32797
proposed to be conducted recommends, prior to the deadline	32798
specified in division (C)(4) of this section or any extension of	32799
it under division (C)(5) of this section, that certificates of	32800
need be granted for each of the reviewable activities to be	32801
conducted in its health service area;	32802

(b) The director ~~receives no~~does not receive any written	32803
objections to any of the applications from any affected person by	32804
the ~~later of May 20, 1995, or thirty days~~thirtieth day after the	32805
director mails the last notice of completeness.	32806

The director's grant of a certificate of need under division	32807
(C)(1) or (2) of this section does not affect, and sets no	32808
precedent for, the director's decision to grant or deny other	32809
applications for similar reviewable activities proposed to be	32810
conducted in the same or different health service areas.	32811

(3) If the director receives written objections to an	32812
application from any affected person by the ~~later of May 20, 1995,~~	32813
~~or thirty days~~thirtieth day after mailing the notice of	32814
completeness, regardless of the health service agency's	32815
recommendation, the director shall notify the applicant and assign	32816
a hearing examiner to conduct an adjudication hearing concerning	32817
the application in accordance with Chapter 119. of the Revised	32818
Code. In the case of applications under comparative review, if the	32819
director receives written objections to any of the applications	32820
from any affected person by the ~~later of May 20, 1995, or thirty~~	32821
~~days~~thirtieth day after the director mails the last notice of	32822
completeness, regardless of the health service agencies'	32823
recommendation, the director shall notify all of the applicants	32824
and appoint a hearing examiner to conduct a consolidated	32825
adjudication hearing concerning the applications in accordance	32826
with Chapter 119. of the Revised Code. The hearing examiner shall	32827
be employed by or under contract with the department of health.	32828

The adjudication hearings may be conducted in the health	32829
service area in which the reviewable activity is proposed to be	32830
conducted. Consolidated adjudication hearings for applications in	32831
comparative review may be conducted in the geographic region in	32832
which all of the reviewable activities will be conducted. The	32833
applicant, the director, and the affected persons that filed	32834
objections to the application shall be parties to the hearing. If	32835
none of the affected persons that submitted written objections to	32836
the application appears or prosecutes the hearing, the hearing	32837
examiner shall dismiss the hearing and the director shall grant a	32838
certificate of need for the entire project that is the subject of	32839
the application if the proposed project meets all of the	32840
applicable certificate of need criteria for approval under	32841
sections 3702.51 to 3702.62 of the Revised Code and the rules	32842
adopted under those sections. The affected persons bear the burden	32843
of proving by a preponderance of evidence that the project is not	32844
needed or that granting the certificate would not be in accordance	32845
with sections 3702.51 to 3702.62 of the Revised Code or the rules	32846
adopted under ~~section 3702.57 of the Revised Code~~those sections.	32847

(4) Except as provided in divisions (C)(1) and (2) of this	32848
section, the director shall grant or deny certificate of need	32849
applications for which an adjudication hearing is not conducted	32850
under division (C)(3) of this section not later than ~~ninety~~sixty	32851
days after mailing the notice of completeness or, in the case of	32852
an application proposing addition of long-term care beds, not	32853
later than ~~ninety~~sixty days after such other time as is specified	32854
in rules adopted under section 3702.57 of the Revised Code. The	32855
director shall grant or deny certificate of need applications for	32856
which an adjudication hearing is conducted under division (C)(3)	32857
of this section not later than thirty days after the expiration of	32858
the time for filing objections to the report and recommendation of	32859
the hearing examiner under section 119.09 of the Revised Code. The	32860
director shall base decisions concerning applications for which an	32861
adjudication hearing is conducted under division (C)(3) of this	32862
section on the report and recommendations of the hearing examiner.	32863

(5) Except as otherwise provided in division (C)(1), (2), or	32864
(6) of this section, the director or the applicant may extend the	32865
deadline prescribed in division (C)(4) of this section once, for	32866
no longer than thirty days, by written notice before the end of	32867
the original thirty-day period. An extension by the director under	32868
division (C)(5) of this section shall apply to all applications	32869
that are in comparative review.	32870

(6) No applicant in a comparative review may extend the	32871
deadline specified in division (C)(4) of this section.	32872

(7) Except as provided in divisions (C)(1) and (2) of this	32873
section, the director may grant a certificate of need for all or	32874
part of the project that is the subject of an application. If the	32875
director does not grant or deny the certificate by the applicable	32876
deadline specified in division (C)(4) of this section or any	32877
extension of it under division (C)(5) of this section, the	32878
certificate shall be considered to have been granted. ~~The~~	32879
~~director, in reviewing certificate of need applications for solid~~	32880
~~organ transplantation services, may ask for assistance from a~~	32881
~~statewide transplantation advisory group consisting of qualified~~	32882
~~professionals and administrators. Such consultation shall not~~	32883
~~cause the review period for any application to be extended beyond~~	32884
~~the applicable deadline specified in division (C)(4) of this~~	32885
~~section or any extension of it under division (C)(5) of this~~	32886
~~section.~~	32887

~~(D)~~(8) In granting a certificate of need, the director shall	32888
specify as the maximum capital expenditure the certificate holder	32889
may obligate under the certificate a figure equal to one hundred	32890
ten per cent of the approved project cost.	32891

~~(E)~~(9) In granting a certificate of need, the director may	32892
grant the certificate with conditions that must be met by the	32893
holder of the certificate.	32894

(D) The director shall monitor the activities of persons	32895
granted certificates of need concerning long-term care beds during	32896
the period beginning with the granting of the certificate of need	32897
and ending five years after implementation of the activity for	32898
which the certificate was granted.	32899

In the case of any other certificate of need, the director	32900
shall monitor the activities of persons granted certificates of	32901
need during the period beginning with the granting of the	32902
certificate of need and ending when the activity for which the	32903
certificate was granted ceases to be a reviewable activity in	32904
accordance with section 3702.511 of the Revised Code.	32905

~~(F)~~(E) When reviewing applications for certificates of need	32906
or monitoring activities of persons granted certificates of need,	32907
the director may issue and enforce, in the manner provided in	32908
section 119.09 of the Revised Code, subpoenas duces tecum to	32909
compel the production of documents relevant to review of the	32910
application or monitoring of the activities. In addition, the	32911
director or the director's designee, which may include a health	32912
service agency, may visit the sites where the activities are or	32913
will be conducted.	32914

~~(G)~~(F) The director may withdraw certificates of need.

32915

~~(H)~~(G) The director shall conduct, on a regular basis, health	32916
system data collection and analysis activities and prepare	32917
reports. The director shall make recommendations based upon these	32918
activities to the public health council concerning the adoption of	32919
appropriate rules under section 3702.57 of the Revised Code. All	32920
health care facilities and other health care providers shall	32921
submit to the director, upon request, any information that is	32922
necessary to conduct reviews of certificate of need applications	32923
and to develop recommendations for criteria for reviews, and that	32924
is prescribed by rules adopted under division (H) of section	32925
3702.57 of the Revised Code.	32926

~~(I)~~(H) Any decision to grant or deny a certificate of need	32927
shall consider the special needs and circumstances resulting from	32928
moral and ethical values and the free exercise of religious rights	32929
of health care facilities administered by religious organizations,	32930
and the special needs and circumstances of children's hospitals,	32931
inner city hospitals, and small rural hospitals.	32932

Sec. 3702.5211. Notwithstanding any conflicting provision of	32933
sections 3702.51 to ~~3702.68~~3702.62 of the Revised Code, the	32934
veterans' home operated under Chapter 5907. of the Revised Code	32935
that is located in Sandusky, including the Secrest nursing home	32936
and Giffin care facility, is not required to obtain a certificate	32937
of need for the addition of up to fifty-two additional nursing	32938
home beds to be licensed under Chapter 3721. of the Revised Code	32939
if the additional beds are placed in service prior to June 30,	32940
1999.	32941

Sec. 3702.5212. (A) This section applies to each long-term	32942
care facility that meets the following requirements:	32943

(1) The facility has been in continuous operation for not	32944
less than one hundred twenty years prior to the effective date of	32945
this section;	32946

(2) The facility is located in an inner city area;

32947

(3) The facility is operating as a nonprofit entity organized	32948
under Chapter 1702. of the Revised Code or the nonprofit law of	32949
another state.	32950

(B) Notwithstanding any conflicting provision of sections	32951
3702.51 to ~~3702.68~~3702.62 of the Revised Code, the owner or	32952
operator of a long-term care facility described in division (A) of	32953
this section is not required to obtain a certificate of need for	32954
the addition of up to thirty long-term care beds to be licensed	32955
under Chapter 3721. of the Revised Code. The exemption shall apply	32956
only as long as the beds are owned and operated by the facility to	32957
which the exemption is granted.	32958

Sec. 3702.5213. Notwithstanding any conflicting provision of	32959
sections 3702.51 to ~~3702.68~~3702.62 of the Revised Code, the	32960
veterans' home operated under Chapter 5907. of the Revised Code	32961
that is located in Brown county is not required to obtain a	32962
certificate of need for the addition of up to one hundred	32963
sixty-eight additional nursing home beds to be licensed under	32964
Chapter 3721. of the Revised Code if the additional beds are	32965
placed in service prior to December 31, 2004.	32966

Sec. 3702.57. (A) The public health council shall adopt	32967
rules establishing procedures and criteria for reviews of	32968
applications for certificates of need and issuance, denial, or	32969
withdrawal of certificates.	32970

(1) The rules shall require that, in addition to any other	32971
applicable review requirements of sections 3702.51 to 3702.62 of	32972
the Revised Code and rules adopted thereunder, any application for	32973
a certificate of need from an osteopathic hospital be reviewed on	32974
the basis of the need for and the availability in the community of	32975
services and hospitals for osteopathic physicians and their	32976
patients, and in terms of its impact on existing and proposed	32977
institutional training programs for doctors of osteopathy and	32978
doctors of medicine at the student, internship, and residency	32979
training levels.	32980

(2) In adopting rules that establish criteria for reviews of	32981
applications of certificates of need, the council shall consider	32982
the availability of and need for long-term care beds to provide	32983
care and treatment to persons diagnosed as having traumatic brain	32984
injuries and shall prescribe criteria for reviewing applications	32985
that propose to add long-term care beds to provide care and	32986
treatment to persons diagnosed as having traumatic brain injuries.	32987

(3) The criteria for reviews of applications for certificates	32988
of need shall relate to the need for the reviewable activity and	32989
shall pertain to all of the following matters:	32990

(a) The impact of the reviewable activity on the cost and	32991
quality of health services in the relevant geographic area,	32992
including, but not limited, to the historical and projected	32993
utilization of the services to which the application pertains and	32994
the effect of the reviewable activity on utilization of other	32995
providers of similar services;	32996

(b) The quality of the services to be provided as the result	32997
of the activity, as evidenced by the historical performance of the	32998
persons that will be involved in providing the services and by the	32999
provisions that are proposed in the application to ensure quality,	33000
including but not limited to adequate available personnel,	33001
available ancillary and support services, available equipment,	33002
size and configuration of physical plant, and relations with other	33003
providers;	33004

(c) The impact of the reviewable activity on the availability	33005
and accessibility of the type of services proposed in the	33006
application to the population of the relevant geographic area, and	33007
the level of access to the services proposed in the application	33008
that will be provided to medically underserved individuals such as	33009
recipients of public assistance and individuals who have no health	33010
insurance or whose health insurance is insufficient;	33011

(d) The activity's short- and long-term financial feasibility	33012
and cost-effectiveness, the impact of the activity on the	33013
applicant's costs and charges, and a comparison of the applicant's	33014
costs and charges with those of providers of similar services in	33015
the applicant's proposed service area;	33016

(e) The advantages, disadvantages, and costs of alternatives	33017
to the reviewable activity;	33018

(f) The impact of the activity on all other providers of	33019
similar services in the health service area or other relevant	33020
geographic area, including the impact on their utilization, market	33021
share, and financial status;	33022

(g) The historical performance of the applicant and related	33023
or affiliated parties in complying with previously granted	33024
certificates of need and any applicable certification,	33025
accreditation, or licensure requirements;	33026

(h) The relationship of the activity to the current edition	33027
of the state health resources plan issued under section 3702.521	33028
of the Revised Code;	33029

(i) The historical performance of the applicant and related	33030
or affiliated parties in providing cost-effective health care	33031
services;	33032

(j) The special needs and circumstances of the applicant or	33033
population proposed to be served by the proposed project,	33034
including research activities, prevalence of particular diseases,	33035
unusual demographic characteristics, cost-effective contractual	33036
affiliations, and other special circumstances;	33037

(k) The appropriateness of the zoning status of the proposed	33038
site of the activity;	33039

(l) The participation by the applicant in research conducted	33040
by the United States food and drug administration or clinical	33041
trials sponsored by the national institutes of health.	33042

(4) The criteria for reviews of applications may include	33043
formulas for determining need for beds and services.	33044

(a) The criteria prescribing formulas shall not, either by	33045
themselves or in conjunction with any established occupancy	33046
guidelines, require, as a condition of being granted a certificate	33047
of need, that a hospital reduce its complement of registered beds	33048
or discontinue any service that is not related to the service or	33049
project for which the certificate of need is sought.	33050

(b) With respect to applications to conduct reviewable	33051
activities that are affected directly by the inpatient occupancy	33052
of a health care facility, including addition, relocation, or	33053
recategorization of beds or renovation or other construction	33054
activities relating to inpatient services, the rules shall	33055
prescribe criteria for determining whether the scope of the	33056
proposed project is appropriate in light of the historical and	33057
reasonably projected occupancy rates for the beds related to the	33058
project.	33059

(c) Any rules prescribing criteria that establish ratios of	33060
beds, services, or equipment to population shall specify the bases	33061
for establishing the ratios or mitigating factors or exceptions to	33062
the ratios.	33063

(B) The council shall adopt rules specifying all of the	33064
following:	33065

(1) Information that must be provided in applications for	33066
certificates of need, which shall include a plan for obligating	33067
the capital expenditure or implementing the proposed project on a	33068
timely basis in accordance with section 3702.525 of the Revised	33069
Code;	33070

(2) Procedures for reviewing applications for completeness of	33071
information;	33072

(3) Criteria for determining that the application is	33073
complete.	33074

(C) The council shall adopt rules specifying requirements	33075
that holders of certificates of need must meet in order for the	33076
certificates to remain valid and establishing definitions and	33077
requirements for obligation of capital expenditures and	33078
implementation of projects authorized by certificates of need.	33079

(D) The council shall adopt rules establishing criteria and	33080
procedures under which the director of health may withdraw a	33081
certificate of need if the holder fails to meet requirements for	33082
continued validity of the certificate.	33083

(E) The council shall adopt rules establishing procedures	33084
under which the department of health shall monitor project	33085
implementation activities of holders of certificates of need. The	33086
rules adopted under this division also may establish procedures	33087
for monitoring implementation activities of persons that have	33088
received nonreviewability rulings.	33089

(F) The council shall adopt rules establishing procedures	33090
under which the director of health shall review certificates of	33091
need whose holders exceed or appear likely to exceed an	33092
expenditure maximum specified in a certificate.	33093

(G) The council shall adopt rules establishing certificate of	33094
need application fees sufficient to pay the costs incurred by the	33095
department for administering sections 3702.51 to 3702.62 of the	33096
Revised Code and to pay health service agencies for the functions	33097
they perform under division (D)(5) of section 3702.58 of the	33098
Revised Code. Unless rules are adopted under this division	33099
establishing different application fees, the application fee for a	33100
project not involving a capital expenditure shall be three	33101
thousand dollars and the application fee for a project involving a	33102
capital expenditure shall be nine-tenths of one per cent of the	33103
capital expenditure proposed subject to a minimum of three	33104
thousand dollars and a maximum of twenty thousand dollars.	33105

(H) The council shall adopt rules specifying information that	33106
is necessary to conduct reviews of certificate of need	33107
applications and to develop recommendations for criteria for	33108
reviews that health care facilities and other health care	33109
providers are to submit to the director under division ~~(H)~~(G) of	33110
section 3702.52 of the Revised Code.	33111

(I) The council shall adopt rules defining "affiliated	33112
person,""related person," and "ultimate controlling interest" for	33113
purposes of section 3702.524 of the Revised Code.	33114

(J) The council shall adopt rules prescribing requirements	33115
for holders of certificates of need to demonstrate to the director	33116
under section 3702.526 of the Revised Code that reasonable	33117
progress is being made toward completion of the reviewable	33118
activity and establishing standards by which the director shall	33119
determine whether reasonable progress is being made.	33120

(K) The council shall adopt rules defining high-risk cardiac	33121
catheterization patients. High-risk patients shall include	33122
patients with significant ischemic syndromes or unstable	33123
myocardial infarction, patients who need intervention such as	33124
angioplasty or bypass surgery, patients who may require difficult	33125
or complex catheterization procedures such as transeptal	33126
assessment of valvular dysfunction, patients with critical aortic	33127
stenosis or congestive heart failure, and other patients specified	33128
by the council.	33129

(L) The public health council shall adopt all rules under	33130
divisions (A) to (K) of this section in accordance with Chapter	33131
119. of the Revised Code. The council may adopt other rules as	33132
necessary to carry out the purposes of sections 3702.51 to 3702.62	33133
of the Revised Code.	33134

~~Sec. 3702.68.~~ Sec. 3702.59. (A) Notwithstanding any conflicting	33135
provision of sections 3702.51 to 3702.62 of the Revised Code,	33136
other than the provisions of sections 3702.5210, 3702.5211,	33137
3702.5212, and 3702.5213 of the Revised Code, both of the	33138
following apply under the certificate of need program:	33139

(1) Divisions (B) to (E) of this section ~~applies~~apply to the	33140
review of certificate of need applications during the period	33141
beginning July 1, 1993, and ending June 30, ~~2007~~2009.	33142

~~As used in this section, "existing health care facility" has~~	33143
~~the same meaning as in section 3702.51 of the Revised Code~~(2)	33144
Beginning July 1, 2009, the director of health shall not accept	33145
for review under section 3702.52 of the Revised Code any	33146
application for a certificate of need to recategorize hospital	33147
beds as described in section 3702.522 of the Revised Code.	33148

(B)(1) Except as provided in division (B)(2) of this section,	33149
the director of health shall neither grant nor deny any	33150
application for a certificate of need submitted prior to July 1,	33151
1993, if the application was for any of the following and the	33152
director had not issued a written decision concerning the	33153
application prior to that date:	33154

(a) Approval of beds in a new health care facility or an	33155
increase of beds in an existing health care facility, if the beds	33156
are proposed to be licensed as nursing home beds under Chapter	33157
3721. of the Revised Code;	33158

(b) Approval of beds in a new county home or new county	33159
nursing home as defined in section 5155.31 of the Revised Code, or	33160
an increase of beds in an existing county home or existing county	33161
nursing home, if the beds are proposed to be certified as skilled	33162
nursing facility beds under Title XVIII or nursing facility beds	33163
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	33164
42 U.S.C.A. 301, as amended;	33165

(c) Recategorization of hospital beds as described in section	33166
3702.522 of the Revised Code, an increase of hospital beds	33167
registered pursuant to section 3701.07 of the Revised Code as	33168
long-term care beds or skilled nursing facility beds, or a	33169
recategorization of hospital beds that would result in an increase	33170
of beds registered pursuant to that section as long-term care beds	33171
or skilled nursing facility beds.	33172

On July 1, 1993, the director shall return each such	33173
application to the applicant and, notwithstanding section 3702.52	33174
of the Revised Code regarding the uses of the certificate of need	33175
fund, shall refund to the applicant the application fee paid under	33176
that section. Applications returned under division (B)(1) of this	33177
section may be resubmitted in accordance with section 3702.52 of	33178
the Revised Code no sooner than July 1, ~~2007~~2009.	33179

(2) The director shall continue to review and shall issue a	33180
decision regarding any application submitted prior to July 1,	33181
1993, to increase beds for either of the purposes described in	33182
division (B)(1)(a) or (b) of this section if the proposed increase	33183
in beds is attributable solely to a replacement or relocation of	33184
existing beds within the same county. The director shall authorize	33185
under such an application no additional beds beyond those being	33186
replaced or relocated.	33187

(C)(1) Except as provided in division (C)(2) of this section,	33188
the director, during the period beginning July 1, 1993, and ending	33189
June 30, ~~2007~~2009, shall not accept for review under section	33190
3702.52 of the Revised Code any application for a certificate of	33191
need for any of the purposes described in divisions (B)(1)(a) to	33192
(c) of this section.	33193

(2)(a) The director shall accept for review any application	33194
for either of the purposes described in division (B)(1)(a) or (b)	33195
of this section if the proposed increase in beds is attributable	33196
solely to a replacement or relocation of existing beds from an	33197
existing health care facility within the same county. The director	33198
shall authorize under such an application no additional beds	33199
beyond those being replaced or relocated.	33200

The director shall not approve an application for a	33201
certificate of need for addition of long-term care beds to an	33202
existing health care facility by relocation of beds or for the	33203
development of a new health care facility by relocation of beds	33204
unless all of the following conditions are met:	33205

(i) The existing health care facility to which the beds are	33206
being relocated has no waivers for life safety code ~~waivers~~	33207
deficiencies, no state fire code violations, and no state building	33208
code violations, or the project identified in the application	33209
proposes to correct all life safety code deficiencies for which a	33210
waiver has been granted, all state fire code violations, and all	33211
state building code violations at the existing health care	33212
facility to which the beds are being relocated;	33213

(ii) During the sixty-month period preceding the filing of	33214
the application, no notice of proposed revocation of the	33215
facility's license was issued under section 3721.03 of the Revised	33216
Code to the operator of the existing facility to which the beds	33217
are being relocated or to any health care facility owned or	33218
operated by the applicant or any principal participant in the same	33219
corporation or other business;	33220

(iii) Neither the existing health care facility to which the	33221
beds are being relocated nor any health care facility owned or	33222
operated by the applicant or any principal participant in the same	33223
corporation or other business has had a long-standing pattern of	33224
violations of this chapter or deficiencies that caused one or more	33225
residents physical, emotional, mental, or psychosocial harm.	33226

(b) The director also shall accept for review any application	33227
for the conversion of infirmary beds to long-term care beds if the	33228
infirmary meets all of the following conditions:	33229

(i) Is operated exclusively by a religious order;

33230

(ii) Provides care exclusively to members of religious orders	33231
who take vows of celibacy and live by virtue of their vows within	33232
the orders as if related;	33233

(iii) Was providing care exclusively to members of such a	33234
religious order on January 1, 1994.	33235

(D) The director shall issue a decision regarding any case	33236
remanded by a court as the result of a decision issued by the	33237
director prior to July 1, 1993, to grant, deny, or withdraw a	33238
certificate of need for any of the purposes described in divisions	33239
(B)(1)(a) to (c) of this section.	33240

(E) The director shall not project the need for beds listed	33241
in division (B)(1) of this section for the period beginning July	33242
1, 1993, and ending June 30, ~~2007~~2009.	33243

~~This section is an interim section effective until July 1,~~	33244
~~2007.~~	33245

~~Sec. 3702.63.~~ Sec. 3702.591. As specified in former Section 11 of	33246
Am. Sub. S.B. 50 of the 121st general assembly, as amended by Am.	33247
Sub. H.B. 405 of the 124th general assembly, all of the following	33248
apply:	33249

(A) The removal of former divisions (E) and (F) of section	33250
3702.52 of the Revised Code by Sections 1 and 2 of Am. Sub. S.B.	33251
50 of the 121st general assembly does not release the holders of	33252
certificates of need issued under those divisions from complying	33253
with any conditions on which the granting of the certificates of	33254
need was based, including the requirement of former division	33255
(E)(6) of that section that the holders not enter into provider	33256
agreements under Chapter 5111. of the Revised Code and Title XIX	33257
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	33258
as amended, for at least ten years following initial licensure of	33259
the long-term care facilities for which the certificates were	33260
granted.	33261

(B) The repeal of section 3702.55 of the Revised Code by	33262
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	33263
not release the holders of certificates of need issued under that	33264
section from complying with any conditions on which the granting	33265
of the certificates of need was based, other than the requirement	33266
of division (A)(6) of that section that the holders not seek	33267
certification under Title XVIII of the "Social Security Act" for	33268
beds recategorized under the certificates. That repeal also does	33269
not eliminate the requirement that the director of health revoke	33270
the licensure of the beds under Chapter 3721. of the Revised Code	33271
if a person to which their ownership is transferred fails, as	33272
required by division (A)(6) of the repealed section, to file	33273
within ten days after the transfer a sworn statement not to seek	33274
certification under Title XIX of the "Social Security Act" for	33275
beds recategorized under the certificates of need.	33276

(C) The repeal of section 3702.56 of the Revised Code by	33277
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	33278
not release the holders of certificates of need issued under that	33279
section from complying with any conditions on which the granting	33280
of the certificates of need was based.	33281

Sec. 3704.03. The director of environmental protection may	33282
do any of the following:	33283

(A) Develop programs for the prevention, control, and	33284
abatement of air pollution;	33285

(B) Advise, consult, contract, and cooperate with any	33286
governmental or private agency in the furtherance of the purposes	33287
of this chapter;	33288

(C) Encourage, participate in, or conduct studies,	33289
investigations, and research relating to air pollution, collect	33290
and disseminate information, and conduct education and training	33291
programs relating to the causes, prevention, control, and	33292
abatement of air pollution;	33293

(D) Adopt, modify, and rescind rules prescribing ambient air	33294
quality standards for the state as a whole or for various areas of	33295
the state that are consistent with and no more stringent than the	33296
national ambient air quality standards in effect under the federal	33297
Clean Air Act;	33298

(E) Adopt, modify, suspend, and rescind rules for the	33299
prevention, control, and abatement of air pollution, including	33300
rules prescribing for the state as a whole or for various areas of	33301
the state emission standards for air contaminants, and other	33302
necessary rules for the purpose of achieving and maintaining	33303
compliance with ambient air quality standards in all areas within	33304
the state as expeditiously as practicable, but not later than any	33305
deadlines applicable under the federal Clean Air Act; rules for	33306
the prevention or control of the emission of hazardous or toxic	33307
air contaminants; rules prescribing fugitive dust limitations and	33308
standards that are related, on an areawide basis, to attainment	33309
and maintenance of ambient air quality standards; rules	33310
prescribing shade, density, or opacity limitations and standards	33311
for emissions, provided that with regard to air contaminant	33312
sources for which there are particulate matter emission standards	33313
in addition to a shade, density, or opacity rule, upon	33314
demonstration by such a source of compliance with those other	33315
standards, the shade, density, or opacity rule shall provide for	33316
establishment of a shade, density, or opacity limitation for that	33317
source that does not require the source to reduce emissions below	33318
the level specified by those other standards; rules for the	33319
prevention or control of odors and air pollution nuisances; rules	33320
that prevent significant deterioration of air quality to the	33321
extent required by the federal Clean Air Act; rules for the	33322
protection of visibility as required by the federal Clean Air Act;	33323
and rules prescribing open burning limitations and standards. In	33324
adopting, modifying, suspending, or rescinding any such rules, the	33325
director, to the extent consistent with the federal Clean Air Act,	33326
shall hear and give consideration to evidence relating to all of	33327
the following:	33328

(1) Conditions calculated to result from compliance with the	33329
rules, the overall cost within this state of compliance with the	33330
rules, and their relation to benefits to the people of the state	33331
to be derived from that compliance;	33332

(2) The quantity and characteristics of air contaminants, the	33333
frequency and duration of their presence in the ambient air, and	33334
the dispersion and dilution of those contaminants;	33335

(3) Topography, prevailing wind directions and velocities,	33336
physical conditions, and other factors that may or may combine to	33337
affect air pollution.	33338

Consistent with division (K) of section 3704.036 of the	33339
Revised Code, the director shall consider alternative emission	33340
limits proposed by the owner or operator of an air contaminant	33341
source that is subject to an emission limit established in rules	33342
adopted under this division and shall accept those alternative	33343
emission limits that the director determines to be equivalent to	33344
emission limits established in rules adopted under this division.	33345

(F)(1) Adopt, modify, suspend, and rescind rules consistent	33346
with the purposes of this chapter prohibiting the location,	33347
installation, construction, or modification of any air contaminant	33348
source or any machine, equipment, device, apparatus, or physical	33349
facility intended primarily to prevent or control the emission of	33350
air contaminants unless an installation permit therefor has been	33351
obtained from the director or the director's authorized	33352
representative.	33353

(2) Applications for installation permits shall be	33354
accompanied by plans, specifications, construction schedules, and	33355
such other pertinent information and data, including data on	33356
ambient air quality impact and a demonstration of best available	33357
technology, as the director may require. Installation permits	33358
shall be issued for a period specified by the director and are	33359
transferable. The director shall specify in each permit the	33360
applicable emission standards and that the permit is conditioned	33361
upon payment of the applicable fees as required by section 3745.11	33362
of the Revised Code and upon the right of the director's	33363
authorized representatives to enter upon the premises of the	33364
person to whom the permit has been issued, at any reasonable time	33365
and subject to safety requirements of the person in control of the	33366
premises, for the purpose of determining compliance with such	33367
standards, this chapter, the rules adopted thereunder, and the	33368
conditions of any permit, variance, or order issued thereunder.	33369
Each proposed new or modified air contaminant source shall provide	33370
such notice of its proposed installation or modification to other	33371
states as is required under the federal Clean Air Act.	33372
Installation permits shall include the authorization to operate	33373
sources installed and operated in accordance with terms and	33374
conditions of the installation permits for a period not to exceed	33375
one year from commencement of operation, which authorization shall	33376
constitute an operating permit under division (G) of this section	33377
and rules adopted under it.	33378

No installation permit shall be required for activities that	33379
are subject to and in compliance with a plant-wide applicability	33380
limit issued by the director in accordance with rules adopted	33381
under this section.	33382

No installation permit shall be issued except in accordance	33383
with all requirements of this chapter and rules adopted	33384
thereunder. No application shall be denied or permit revoked or	33385
modified without a written order stating the findings upon which	33386
denial, revocation, or modification is based. A copy of the order	33387
shall be sent to the applicant or permit holder by certified mail.	33388

(3) Not later than two years after ~~the effective date of this~~	33389
~~amendment~~August 3, 2006, the director shall adopt a rule in	33390
accordance with Chapter 119. of the Revised Code specifying that a	33391
permit to install is required only for new or modified air	33392
contaminant sources that emit any of the following air	33393
contaminants:	33394

(a) An air contaminant or precursor of an air contaminant for	33395
which a national ambient air quality standard has been adopted	33396
under the federal Clean Air Act;	33397

(b) An air contaminant for which the air contaminant source	33398
is regulated under the federal Clean Air Act;	33399

(c) An air contaminant that presents, or may present, through	33400
inhalation or other routes of exposure, a threat of adverse human	33401
health effects, including, but not limited to, substances that are	33402
known to be, or may reasonably be anticipated to be, carcinogenic,	33403
mutagenic, teratogenic, or neurotoxic, that cause reproductive	33404
dysfunction, or that are acutely or chronically toxic, or a threat	33405
of adverse environmental effects whether through ambient	33406
concentrations, bioaccumulation, deposition, or otherwise, and	33407
that is identified in the rule by chemical name and chemical	33408
abstract service number.	33409

The director may modify the rule adopted under division	33410
(F)(3)(c) of this section for the purpose of adding or deleting	33411
air contaminants. For each air contaminant that is contained in or	33412
deleted from the rule adopted under division (F)(3)(c) of this	33413
section, the director shall include in a notice accompanying any	33414
proposed or final rule an explanation of the director's	33415
determination that the air contaminant meets the criteria	33416
established in that division and should be added to, or no longer	33417
meets the criteria and should be deleted from, the list of air	33418
contaminants. The explanation shall include an identification of	33419
the scientific evidence on which the director relied in making the	33420
determination. Until adoption of the rule under division (F)(3)(c)	33421
of this section, nothing shall affect the director's authority to	33422
issue, deny, modify, or revoke permits to install under this	33423
chapter and rules adopted under it.	33424

(4)(a) Applications for permits to install new or modified	33425
air contaminant sources shall contain sufficient information	33426
regarding air contaminants for which the director may require a	33427
permit to install to determine conformity with the environmental	33428
protection agency's document entitled "Review of New Sources of	33429
Air Toxics Emissions, Option A," dated May 1986, which the	33430
director shall use to evaluate toxic emissions from new or	33431
modified air contaminant sources. The director shall make copies	33432
of the document available to the public upon request at no cost	33433
and post the document on the environmental protection agency's web	33434
site. Any inconsistency between the document and division (F)(4)	33435
of this section shall be resolved in favor of division (F)(4) of	33436
this section.	33437

(b) The maximum acceptable ground level concentration of an	33438
air contaminant shall be calculated in accordance with the	33439
document entitled "Review of New Sources of Air Toxics Emissions,	33440
Option A." Modeling shall be conducted to determine the increase	33441
in the ground level concentration of an air contaminant beyond the	33442
facility's boundary caused by the emissions from a new or modified	33443
source that is the subject of an application for a permit to	33444
install. Modeling shall be based on the maximum hourly rate of	33445
emissions from the source using information including, but not	33446
limited to, any emission control devices or methods, operational	33447
restrictions, stack parameters, and emission dispersion devices or	33448
methods that may affect ground level concentrations, either	33449
individually or in combination. The director shall determine	33450
whether the activities for which a permit to install is sought	33451
will cause an increase in the ground level concentration of one or	33452
more relevant air contaminants beyond the facility's boundary by	33453
an amount in excess of the maximum acceptable ground level	33454
concentration. In making the determination as to whether the	33455
maximum acceptable ground level concentration will be exceeded,	33456
the director shall give consideration to the modeling conducted	33457
under division (F)(4)(b) of this section and other relevant	33458
information submitted by the applicant.	33459

(c) If the modeling conducted under division (F)(4)(b) of	33460
this section with respect to an application for a permit to	33461
install demonstrates that the maximum ground level concentration	33462
from a new or modified source will be greater than or equal to	33463
eighty per cent, but less than one hundred per cent of the maximum	33464
acceptable ground level concentration for an air contaminant, the	33465
director may establish terms and conditions in the permit to	33466
install for the air contaminant source that will require the owner	33467
or operator of the air contaminant source to maintain emissions of	33468
that air contaminant commensurate with the modeled level, which	33469
shall be expressed as allowable emissions per day. In order to	33470
calculate the allowable emissions per day, the director shall	33471
multiply the hourly emission rate modeled under division (F)(4)(b)	33472
of this section to determine the ground level concentration by the	33473
operating schedule that has been identified in the permit to	33474
install application. Terms and conditions imposed under division	33475
(F)(4)(c) of this section are not federally enforceable	33476
requirements and, if included in a Title V permit, shall be placed	33477
in the portion of the permit that is only enforceable by the	33478
state.	33479

(d) If the modeling conducted under division (F)(4)(b) of	33480
this section with respect to an application for a permit to	33481
install demonstrates that the maximum ground level concentration	33482
from a new or modified source will be less than eighty per cent of	33483
the maximum acceptable ground level concentration, the owner or	33484
operator of the source annually shall report to the director, on a	33485
form prescribed by the director, whether operations of the source	33486
are consistent with the information regarding the operations that	33487
was used to conduct the modeling with regard to the permit to	33488
install application. The annual report to the director shall be in	33489
lieu of an emission limit or other permit terms and conditions	33490
imposed pursuant to division (F)(4) of this section. The director	33491
may consider any significant departure from the operations of the	33492
source described in the permit to install application that results	33493
in greater emissions than the emissions rate modeled to determine	33494
the ground level concentration as a modification and require the	33495
owner or operator to submit a permit to install application for	33496
the increased emissions. The requirements established in division	33497
(F)(4)(d) of this section are not federally enforceable	33498
requirements and, if included in a Title V permit, shall be placed	33499
in the portion of the permit that is only enforceable by the	33500
state.	33501

(e) Division (F)(4) of this section and the document entitled	33502
"Review of New Sources of Air Toxics Emissions, Option A" shall	33503
not be included in the state implementation plan under section 110	33504
of the federal Clean Air Act and do not apply to an air	33505
contaminant source that is subject to a maximum achievable control	33506
technology standard or residual risk standard under section 112 of	33507
the federal Clean Air Act, to a particular air contaminant	33508
identified under 40 C.F.R. 51.166, division (b)(23), for which the	33509
director has determined that the owner or operator of the source	33510
is required to install best available control technology for that	33511
particular air contaminant, or to a particular air contaminant for	33512
which the director has determined that the source is required to	33513
meet the lowest achievable emission rate, as defined in 40 C.F.R.	33514
part 51, Appendix S, for that particular air contaminant.	33515

(f)(i) Division (F)(4) of this section and the document	33516
entitled "Review of New Sources of Air Toxics Emissions, Option A"	33517
do not apply to parking lots, storage piles, storage tanks,	33518
transfer operations, grain silos, grain dryers, emergency	33519
generators, gasoline dispensing operations, air contaminant	33520
sources that emit air contaminants solely from the combustion of	33521
fossil fuels, or the emission of wood dust, sand, glass dust, coal	33522
dust, silica, and grain dust.	33523

(ii) Notwithstanding division (F)(4)(f)(i) of this section,	33524
the director may require an individual air contaminant source that	33525
is within one of the source categories identified in division	33526
(F)(4)(f)(i) of this section to submit information in an	33527
application for a permit to install a new or modified source in	33528
order to determine the source's conformity to the document if the	33529
director has information to conclude that the particular new or	33530
modified source will potentially cause an increase in ground level	33531
concentration beyond the facility's boundary that exceeds the	33532
maximum acceptable ground level concentration as set forth in the	33533
document.	33534

(iii) The director may adopt rules in accordance with Chapter	33535
119. of the Revised Code that are consistent with the purposes of	33536
this chapter and that add to or delete from the source category	33537
exemptions established in division (F)(4)(f)(i) of this section.	33538

(5) Not later than one year after ~~the effective date of this~~	33539
~~amendment~~August 3, 2006, the director shall adopt rules in	33540
accordance with Chapter 119. of the Revised Code specifying	33541
activities that do not, by themselves, constitute beginning actual	33542
construction activities related to the installation or	33543
modification of an air contaminant source for which a permit to	33544
install is required such as the grading and clearing of land,	33545
on-site storage of portable parts and equipment, and the	33546
construction of foundations or buildings that do not themselves	33547
emit air contaminants. The rules also shall allow specified	33548
initial activities that are part of the installation or	33549
modification of an air contaminant source, such as the	33550
installation of electrical and other utilities for the source,	33551
prior to issuance of a permit to install, provided that the owner	33552
or operator of the source has filed a complete application for a	33553
permit to install, the director or the director's designee has	33554
determined that the application is complete, and the owner or	33555
operator of the source has notified the director that this	33556
activity will be undertaken prior to the issuance of a permit to	33557
install. Any activity that is undertaken by the source under those	33558
rules shall be at the risk of the owner or operator. The rules	33559
shall not apply to activities that are precluded prior to permit	33560
issuance under section 111, section 112, Part C of Title I, and	33561
Part D of Title I of the federal Clean Air Act.	33562

(G) Adopt, modify, suspend, and rescind rules prohibiting the	33563
operation or other use of any new, modified, or existing air	33564
contaminant source unless an operating permit has been obtained	33565
from the director or the director's authorized representative, or	33566
the air contaminant source is being operated in compliance with	33567
the conditions of a variance issued pursuant to division (H) of	33568
this section. Applications for operating permits shall be	33569
accompanied by such plans, specifications, and other pertinent	33570
information as the director may require. Operating permits may be	33571
issued for a period determined by the director not to exceed ~~five~~	33572
ten years, are renewable, and are transferable. The director shall	33573
specify in each operating permit that the permit is conditioned	33574
upon payment of the applicable fees as required by section 3745.11	33575
of the Revised Code and upon the right of the director's	33576
authorized representatives to enter upon the premises of the	33577
person to whom the permit has been issued, at any reasonable time	33578
and subject to safety requirements of the person in control of the	33579
premises, for the purpose of determining compliance with this	33580
chapter, the rules adopted thereunder, and the conditions of any	33581
permit, variance, or order issued thereunder. Operating permits	33582
may be denied or revoked for failure to comply with this chapter	33583
or the rules adopted thereunder. An operating permit shall be	33584
issued only upon a showing satisfactory to the director or the	33585
director's representative that the air contaminant source is being	33586
operated in compliance with applicable emission standards and	33587
other rules or upon submission of a schedule of compliance	33588
satisfactory to the director for a source that is not in	33589
compliance with all applicable requirements at the time of permit	33590
issuance, provided that the compliance schedule shall be	33591
consistent with and at least as stringent as that contained in any	33592
judicial consent decree or administrative order to which the air	33593
contaminant source is subject. The rules shall provide for the	33594
issuance of conditional operating permits for such reasonable	33595
periods as the director may determine to allow the holder of an	33596
installation permit, who has constructed, installed, located, or	33597
modified a new air contaminant source in accordance with the	33598
provisions of an installation permit, to make adjustments or	33599
modifications necessary to enable the new air contaminant source	33600
to comply with applicable emission standards and other rules.	33601
Terms and conditions of operating permits issued pursuant to this	33602
division shall be federally enforceable for the purpose of	33603
establishing the potential to emit of a stationary source and	33604
shall be expressly designated as federally enforceable. Any such	33605
federally enforceable restrictions on a source's potential to emit	33606
shall include both an annual limit and a short-term limit of not	33607
more than thirty days for each pollutant to be restricted together	33608
with adequate methods for establishing compliance with the	33609
restrictions. In other respects, operating permits issued pursuant	33610
to this division are enforceable as state law only. No application	33611
shall be denied or permit revoked or modified without a written	33612
order stating the findings upon which denial, revocation, or	33613
modification is based. A copy of the order shall be sent to the	33614
applicant or permit holder by certified mail.	33615

(H) Adopt, modify, and rescind rules governing the issuance,	33616
revocation, modification, or denial of variances that authorize	33617
emissions in excess of the applicable emission standards.	33618

No variance shall be issued except pursuant to those rules.	33619
The rules shall prescribe conditions and criteria in furtherance	33620
of the purposes of this chapter and consistent with the federal	33621
Clean Air Act governing eligibility for issuance of variances,	33622
which shall include all of the following:	33623

(1) Provisions requiring consistency of emissions authorized	33624
by a variance with timely attainment and maintenance of ambient	33625
air quality standards;	33626

(2) Provisions prescribing the classes and categories of air	33627
contaminants and air contaminant sources for which variances may	33628
be issued;	33629

(3) Provisions defining the circumstances under which an	33630
applicant shall demonstrate that compliance with applicable	33631
emission standards is technically infeasible, economically	33632
unreasonable, or impossible because of conditions beyond the	33633
control of the applicant;	33634

(4) Other provisions prescribed in furtherance of the goals	33635
of this chapter.	33636

The rules shall prohibit the issuance of variances from any	33637
emission limitation that was applicable to a source pursuant to an	33638
installation permit and shall prohibit issuance of variances that	33639
conflict with the federal Clean Air Act.	33640

Applications for variances shall be accompanied by such	33641
information as the director may require. In issuing variances, the	33642
director may order the person to whom a variance is issued to	33643
furnish plans and specifications and such other information and	33644
data, including interim reports, as the director may require and	33645
to proceed to take such action within such time as the director	33646
may determine to be appropriate and reasonable to prevent,	33647
control, or abate the person's existing emissions of air	33648
contaminants. The director shall specify in each variance that the	33649
variance is conditioned upon payment of the applicable fees as	33650
required by section 3745.11 of the Revised Code and upon the right	33651
of the director's authorized representatives to enter upon the	33652
premises of the person to whom the variance has been issued, at	33653
any reasonable time and subject to safety requirements of the	33654
person in control of the premises, for the purpose of determining	33655
compliance with this chapter, the rules adopted thereunder, and	33656
the conditions of any permit, variance, or order issued	33657
thereunder.	33658

The director may hold a public hearing on an application for	33659
a variance or renewal thereof at a location in the county where	33660
the variance is sought. The director shall give not less than	33661
twenty days' notice of the hearing to the applicant by certified	33662
mail and cause at least one publication of notice in a newspaper	33663
with general circulation in the county where the variance is	33664
sought. The director shall keep available for public inspection at	33665
the principal office of the environmental protection agency a	33666
current schedule of pending applications for variances and a	33667
current schedule of pending variance hearings. The director shall	33668
make a complete stenographic record of testimony and other	33669
evidence submitted at the hearing. The director shall make a	33670
written determination to issue, renew, or deny the variance and	33671
shall enter the determination and the basis therefor into the	33672
record of the hearing. The director shall issue, renew, or deny an	33673
application for a variance or renewal thereof, or issue a proposed	33674
action upon the application pursuant to section 3745.07 of the	33675
Revised Code, within six months of the date upon which the	33676
director receives a complete application with all pertinent	33677
information and data required by the director.	33678

Any variance granted pursuant to rules adopted under this	33679
division shall be for a period specified by the director, not to	33680
exceed three years, and may be renewed from time to time on such	33681
terms and for such periods, not to exceed three years each, as the	33682
director determines to be appropriate. A variance may be revoked,	33683
or renewal denied, for failure to comply with conditions specified	33684
in the variance. No variance shall be issued, denied, revoked, or	33685
modified without a written order stating the findings upon which	33686
the issuance, denial, revocation, or modification is based. A copy	33687
of the order shall be sent to the applicant or variance holder by	33688
certified mail.	33689

(I) Require the owner or operator of an air contaminant	33690
source to install, employ, maintain, and operate such emissions,	33691
ambient air quality, meteorological, or other monitoring devices	33692
or methods as the director shall prescribe; to sample those	33693
emissions at such locations, at such intervals, and in such manner	33694
as the director prescribes; to maintain records and file periodic	33695
reports with the director containing information as to location,	33696
size, and height of emission outlets, rate, duration, and	33697
composition of emissions, and any other pertinent information the	33698
director prescribes; and to provide such written notice to other	33699
states as the director shall prescribe. In requiring monitoring	33700
devices, records, and reports, the director, to the extent	33701
consistent with the federal Clean Air Act, shall give	33702
consideration to technical feasibility and economic reasonableness	33703
and allow reasonable time for compliance. For sources where a	33704
specific monitoring, record-keeping, or reporting requirement is	33705
specified for a particular air contaminant from a particular air	33706
contaminant source in an applicable regulation adopted by the	33707
United States environmental protection agency under the federal	33708
Clean Air Act or in an applicable rule adopted by the director,	33709
the director shall not impose an additional requirement in a	33710
permit that is a different monitoring, record-keeping, or	33711
reporting requirement other than the requirement specified in the	33712
applicable regulation or rule for that air contaminant except as	33713
otherwise agreed to by the owner or operator of the air	33714
contaminant source and the director. If two or more regulations or	33715
rules impose different monitoring, record-keeping, or reporting	33716
requirements for the same air contaminant from the same air	33717
contaminant source, the director may impose permit terms and	33718
conditions that consolidate or streamline the monitoring,	33719
record-keeping, or reporting requirements in a manner that	33720
conforms with each applicable requirement. To the extent	33721
consistent with the federal Clean Air Act and except as otherwise	33722
agreed to by the owner or operator of an air contaminant source	33723
and the director, the director shall not require an operating	33724
restriction that has the practical effect of increasing the	33725
stringency of an existing applicable emission limitation or	33726
standard.	33727

(J) Establish, operate, and maintain monitoring stations and	33728
other devices designed to measure air pollution and enter into	33729
contracts with any public or private agency for the establishment,	33730
operation, or maintenance of such stations and devices;	33731

(K) By rule adopt procedures for giving reasonable public	33732
notice and conducting public hearings on any plans for the	33733
prevention, control, and abatement of air pollution that the	33734
director is required to submit to the federal government;	33735

(L) Through any employee, agent, or authorized representative	33736
of the director or the environmental protection agency, enter upon	33737
private or public property, including improvements thereon, at any	33738
reasonable time, to make inspections, take samples, conduct tests,	33739
and examine records or reports pertaining to any emission of air	33740
contaminants and any monitoring equipment or methods and to	33741
determine if there are any actual or potential emissions from such	33742
premises and, if so, to determine the sources, amounts, contents,	33743
and extent of those emissions, or to ascertain whether there is	33744
compliance with this chapter, any orders issued or rules adopted	33745
thereunder, or any other determination of the director. The	33746
director, at reasonable times, may have access to and copy any	33747
such records. If entry or inspection authorized by this division	33748
is refused, hindered, or thwarted, the director or the director's	33749
authorized representative may by affidavit apply for, and any	33750
judge of a court of record may issue, an appropriate inspection	33751
warrant necessary to achieve the purposes of this chapter within	33752
the court's territorial jurisdiction.	33753

(M) Accept and administer gifts or grants from the federal	33754
government and from any other source, public or private, for	33755
carrying out any of the functions under this chapter;	33756

(N) Obtain necessary scientific, technical, and laboratory	33757
services;	33758

(O) Establish advisory boards in accordance with section	33759
121.13 of the Revised Code;	33760

(P) Delegate to any city or general health district or	33761
political subdivision of the state any of the director's	33762
enforcement and monitoring powers and duties, other than	33763
rule-making powers, as the director elects to delegate, and in	33764
addition employ, compensate, and prescribe the powers and duties	33765
of such officers, employees, and consultants as are necessary to	33766
enable the director to exercise the authority and perform duties	33767
imposed upon the director by law. Technical and other services	33768
shall be performed, insofar as practical, by personnel of the	33769
environmental protection agency.	33770

(Q) Certify to the government of the United States or any	33771
agency thereof that an industrial air pollution facility is in	33772
conformity with the state program or requirements for control of	33773
air pollution whenever such certificate is required for a taxpayer	33774
pursuant to any federal law or requirements;	33775

(R) Issue, modify, or revoke orders requiring abatement of or	33776
prohibiting emissions that violate applicable emission standards	33777
or other requirements of this chapter and rules adopted	33778
thereunder, or requiring emission control devices or measures in	33779
order to comply with applicable emission standards or other	33780
requirements of this chapter and rules adopted thereunder. Any	33781
such order shall require compliance with applicable emission	33782
standards by a specified date and shall not conflict with any	33783
requirement of the federal Clean Air Act. In the making of such	33784
orders, the director, to the extent consistent with the federal	33785
Clean Air Act, shall give consideration to, and base the	33786
determination on, evidence relating to the technical feasibility	33787
and economic reasonableness of compliance with such orders and	33788
their relation to benefits to the people of the state to be	33789
derived from such compliance. If, under the federal Clean Air Act,	33790
any such order shall provide for the posting of a bond or surety	33791
to secure compliance with the order as a condition of issuance of	33792
the order, the order shall so provide, but only to the extent	33793
required by the federal Clean Air Act.	33794

(S) To the extent provided by the federal Clean Air Act,	33795
adopt, modify, and rescind rules providing for the administrative	33796
assessment and collection of monetary penalties, not in excess of	33797
those required pursuant to the federal Clean Air Act, for failure	33798
to comply with any emission limitation or standard, compliance	33799
schedule, or other requirement of any rule, order, permit, or	33800
variance issued or adopted under this chapter or required under	33801
the applicable implementation plan whether or not the source is	33802
subject to a federal or state consent decree. The director may	33803
require the submission of compliance schedules, calculations of	33804
penalties for noncompliance, and related information. Any orders,	33805
payments, sanctions, or other requirements imposed pursuant to	33806
rules adopted under this division shall be in addition to any	33807
other permits, orders, payments, sanctions, or other requirements	33808
established under this chapter and shall not affect any civil or	33809
criminal enforcement proceedings brought under any provision of	33810
this chapter or any other provision of state or local law. This	33811
division does not apply to any requirement of this chapter	33812
regarding the prevention or abatement of odors.	33813

(T) Require new or modified air contaminant sources to	33814
install best available technology, but only in accordance with	33815
this division. With respect to permits issued pursuant to division	33816
(F) of this section beginning three years after ~~the effective date~~	33817
~~of this amendment~~August 3, 2006, best available technology for	33818
air contaminant sources and air contaminants emitted by those	33819
sources that are subject to standards adopted under section 112,	33820
Part C of Title I, and Part D of Title I of the federal Clean Air	33821
Act shall be equivalent to and no more stringent than those	33822
standards. For an air contaminant or precursor of an air	33823
contaminant for which a national ambient air quality standard has	33824
been adopted under the federal Clean Air Act, best available	33825
technology only shall be required to the extent required by rules	33826
adopted under Chapter 119. of the Revised Code for permit to	33827
install applications filed three or more years after ~~the effective~~	33828
~~date of this amendment~~August 3, 2006.	33829

Best available technology requirements established in rules	33830
adopted under this division shall be expressed only in one of the	33831
following ways that is most appropriate for the applicable source	33832
or source categories:	33833

(1) Work practices;

33834

(2) Source design characteristics or design efficiency of	33835
applicable air contaminant control devices;	33836

(3) Raw material specifications or throughput limitations	33837
averaged over a twelve-month rolling period;	33838

(4) Monthly allowable emissions averaged over a twelve-month	33839
rolling period.	33840

Best available technology requirements shall not apply to an	33841
air contaminant source that has the potential to emit, taking into	33842
account air pollution controls installed on the source, less than	33843
ten tons per year of emissions of an air contaminant or precursor	33844
of an air contaminant for which a national ambient air quality	33845
standard has been adopted under the federal Clean Air Act. In	33846
addition, best available technology requirements established in	33847
rules adopted under this division shall not apply to any existing,	33848
new, or modified air contaminant source that is subject to a	33849
plant-wide applicability limit that has been approved by the	33850
director. Further, best available technology requirements	33851
established in rules adopted under this division shall not apply	33852
to general permits issued prior to January 1, 2006, under rules	33853
adopted under this chapter.	33854

For permits to install issued three or more years after ~~the~~	33855
~~effective date of this amendment~~August 3, 2006, any new or	33856
modified air contaminant source that has the potential to emit,	33857
taking into account air pollution controls installed on the	33858
source, ten or more tons per year of volatile organic compounds or	33859
nitrogen oxides shall meet, at a minimum, the requirements of any	33860
applicable reasonably available control technology rule in effect	33861
as of January 1, 2006, regardless of the location of the source.	33862

(U) Consistent with section 507 of the federal Clean Air Act,	33863
adopt, modify, suspend, and rescind rules for the establishment of	33864
a small business stationary source technical and environmental	33865
compliance assistance program as provided in section 3704.18 of	33866
the Revised Code;	33867

(V) Provide for emissions trading, marketable permits,	33868
auctions of emission rights, and economic incentives that would	33869
reduce the cost or increase the efficiency of achieving a	33870
specified level of environmental protection;	33871

(W) Provide for the construction of an air contaminant source	33872
prior to obtaining a permit to install pursuant to division (F) of	33873
this section if the applicant demonstrates that the source will be	33874
installed to comply with all applicable emission limits and will	33875
not adversely affect public health or safety or the environment	33876
and if the director determines that such an action will avoid an	33877
unreasonable hardship on the owner or operator of the source. Any	33878
such determination shall be consistent with the federal Clean Air	33879
Act.	33880

(X) Exercise all incidental powers, including adoption of	33881
rules, required to carry out this chapter.	33882

The environmental protection agency shall develop a plan to	33883
control air pollution resulting from state-operated facilities and	33884
property.	33885

Sec. 3704.14. (A) It is the intent of the general assembly	33886
that the enhanced motor vehicle inspection and maintenance program	33887
that was in operation pursuant to the federal Clean Air Act on	33888
January 3, 2006, in certain counties of this state pursuant to a	33889
contract that is scheduled to expire on December 31, 2007, not be	33890
extended beyond that date in those counties. If the governor	33891
determines that the extension of a transportation-based ozone	33892
reduction program in those counties is necessary to comply with	33893
federal law, the governor, by executive order, may extend the	33894
compliance efforts of this state for one year using the most cost	33895
effective, least costly, consumer accommodating, and decentralized	33896
available technology and approaches that meet federal performance	33897
standards, using an open public bidding process. Thereafter, if	33898
the governor determines that continuation of the enhanced motor	33899
vehicle inspection and maintenance program is necessary in those	33900
counties to comply with federal law, the governor, by executive	33901
order, may extend that program for an additional year or as	33902
otherwise required to comply with applicable law. The cost of any	33903
program shall be paid by the state from the auto emissions test	33904
fund, which is hereby created in the state treasury. The fund	33905
shall consist of money appropriated to it and shall be	33906
administered by the director of environmental protection.	33907

An executive order issued under this division shall include	33908
provisions providing the authority that is necessary for the	33909
environmental protection agency to adopt decentralized approaches	33910
that meet federal performance standards through program design	33911
changes that affect normal inspection and maintenance input	33912
parameters to the mobile source emission factor model or through	33913
program changes that reduce in-use mobile source emissions. Upon	33914
issuance of such an executive order, the governor shall notify the	33915
general assembly in writing of the governor's decision to issue	33916
the executive order.	33917

(B)(1) It is the intent of the general assembly that a	33918
tailpipe motor vehicle inspection and maintenance program not be	33919
implemented in any county in the state. Moreover, it is the intent	33920
of the general assembly that, if a motor vehicle-based ozone	33921
testing program is mandated by federal law for counties in the	33922
northeastern portion of this state, a tailpipe motor vehicle	33923
inspection and maintenance program not be implemented and that an	33924
onboard diagnostic only inspection and gas-cap testing program be	33925
utilized to satisfy any federal requirements for vehicle emissions	33926
testing.	33927

(2) If any motor vehicle testing program is established under	33928
this section, the director shall ensure that motor vehicles that	33929
are four years old or newer are exempt from the testing program.	33930

(C) Not later than thirty days after the effective date of	33931
this section and on the first day of January of each subsequent	33932
year, the director shall request the United States environmental	33933
protection agency to provide to the director a list of alternative	33934
approaches to meet federal performance standards and program	33935
changes that this state may employ to comply with the federal	33936
Clean Air Act in lieu of the implementation of a motor vehicle	33937
inspection and maintenance program. Based on the information	33938
received from the United States environmental protection agency,	33939
the director shall prepare a report concerning those alternative	33940
approaches. The director shall issue the report and provide it to	33941
the general assembly not later than thirty days after receiving	33942
the list of alternative approaches from the United States	33943
environmental protection agency.	33944

Sec. 3705.24. (A)(1) The public health council shall, in	33945
accordance with section 111.15 of the Revised Code, adopt rules	33946
prescribing fees for the following services provided by the state	33947
office of vital statistics:	33948

(a) Except as provided in division (A)(4) of this section:

33949

(i) A certified copy of a vital record or a certification of	33950
birth;	33951

(ii) A search by the office of vital statistics of its files	33952
and records pursuant to a request for information, regardless of	33953
whether a copy of a record is provided;	33954

(iii) A copy of a record provided pursuant to a request;

33955

(b) Replacement of a birth certificate following an adoption,	33956
legitimation, paternity determination or acknowledgement, or court	33957
order;	33958

33959

(d) Amendment of a vital record that is requested later than	33960
one year after the filing date of the vital record;	33961

(e) Any other documents or services for which the public	33962
health council considers the charging of a fee appropriate.	33963

(2) Fees prescribed under division (A)(1)(a) of this section	33964
shall not be less than seven dollars.	33965

(3) Fees prescribed under division (A)(1) of this section	33966
shall be collected in addition to any fees required by sections	33967
3109.14 and 3705.242 of the Revised Code.	33968

(4) Fees prescribed under division (A) of this section shall	33969
not apply to certifications issued under division (H) of this	33970
section or copies provided under section 3705.241 of the Revised	33971
Code.	33972

(B) In addition to the fees prescribed under division (A) of	33973
this section or section 3709.09 of the Revised Code, the office of	33974
vital statistics or the board of health of a city or general	33975
health district shall charge a five-dollar fee for each certified	33976
copy of a vital record and each certification of birth. This fee	33977
shall be deposited in the general operations fund created under	33978
section 3701.83 of the Revised Code and be used ~~solely toward~~to	33979
support the operations, the modernization, and the automation of	33980
the ~~system of~~ vital records program in this state. A board of	33981
health shall forward all fees collected under this division to the	33982
department of health not later than thirty days after the end of	33983
each calendar quarter.	33984

(C) Except as otherwise provided in division (H) of this	33985
section, and except as provided in section 3705.241 of the Revised	33986
Code, fees collected by the director of health under sections	33987
3705.01 to 3705.29 of the Revised Code shall be paid into the	33988
state treasury to the credit of the general operations fund	33989
created by section 3701.83 of the Revised Code. Except as	33990
provided in division (B) of this section, money generated by the	33991
fees shall be used only for administration and enforcement of this	33992
chapter and the rules adopted under it. Amounts submitted to the	33993
department of health for copies of vital records or services in	33994
excess of the fees imposed by this section shall be dealt with as	33995
follows:	33996

(1) An overpayment of two dollars or less shall be retained	33997
by the department and deposited in the state treasury to the	33998
credit of the general operations fund created by section 3701.83	33999
of the Revised Code.	34000

(2) An overpayment in excess of two dollars shall be returned	34001
to the person who made the overpayment.	34002

(D) If a local registrar is a salaried employee of a city or	34003
a general health district, any fees the local registrar receives	34004
pursuant to section 3705.23 of the Revised Code shall be paid into	34005
the general fund of the city or the health fund of the general	34006
health district.	34007

Each local registrar of vital statistics, or each health	34008
district where the local registrar is a salaried employee of the	34009
district, shall be entitled to a fee for each birth, fetal death,	34010
death, or military service certificate properly and completely	34011
made out and registered with the local registrar or district and	34012
correctly copied and forwarded to the office of vital statistics	34013
in accordance with the population of the primary registration	34014
district at the last federal census. The fee for each birth, fetal	34015
death, death, or military service certificate shall be:	34016

(1) In primary registration districts of over two hundred	34017
fifty thousand, twenty cents;	34018

(2) In primary registration districts of over one hundred	34019
twenty-five thousand and less than two hundred fifty thousand,	34020
sixty cents;	34021

(3) In primary registration districts of over fifty thousand	34022
and less than one hundred twenty-five thousand, eighty cents;	34023

(4) In primary registration districts of less than fifty	34024
thousand, one dollar.	34025

(E) The director of health shall annually certify to the	34026
county treasurers of the several counties the number of birth,	34027
fetal death, death, and military service certificates registered	34028
from their respective counties with the names of the local	34029
registrars and the amounts due each registrar and health district	34030
at the rates fixed in this section. Such amounts shall be paid by	34031
the treasurer of the county in which the registration districts	34032
are located. No fees shall be charged or collected by registrars	34033
except as provided by this chapter and section 3109.14 of the	34034
Revised Code.	34035

(F) A probate judge shall be paid a fee of fifteen cents for	34036
each certified abstract of marriage prepared and forwarded by the	34037
probate judge to the department of health pursuant to section	34038
3705.21 of the Revised Code. The fee shall be in addition to the	34039
fee paid for a marriage license and shall be paid by the	34040
applicants for the license.	34041

(G) The clerk of a court of common pleas shall be paid a fee	34042
of one dollar for each certificate of divorce, dissolution, and	34043
annulment of marriage prepared and forwarded by the clerk to the	34044
department pursuant to section 3705.21 of the Revised Code. The	34045
fee for the certified abstract of divorce, dissolution, or	34046
annulment of marriage shall be added to the court costs allowed in	34047
these cases.	34048

(H) The fee for an heirloom certification of birth issued	34049
pursuant to division (B)(2) of section 3705.23 of the Revised Code	34050
shall be an amount prescribed by rule by the director of health	34051
plus any fee required by section 3109.14 of the Revised Code. In	34052
setting the amount of the fee, the director shall establish a	34053
surcharge in addition to an amount necessary to offset the expense	34054
of processing heirloom certifications of birth. The fee prescribed	34055
by the director of health pursuant to this division shall be	34056
deposited into the state treasury to the credit of the heirloom	34057
certification of birth fund which is hereby created. Money	34058
credited to the fund shall be used by the office of vital	34059
statistics to offset the expense of processing heirloom	34060
certifications of birth. However, the money collected for the	34061
surcharge, subject to the approval of the controlling board, shall	34062
be used for the purposes specified by the family and children	34063
first council pursuant to section 121.37 of the Revised Code.	34064

Sec. 3706.01. As used in this chapter:

34065

(A) "Governmental agency" means a department, division, or	34066
other unit of state government, a municipal corporation, county,	34067
township, and other political subdivision, or any other public	34068
corporation or agency having the power to acquire, construct, or	34069
operate air quality facilities, the United States or any agency	34070
thereof, and any agency, commission, or authority established	34071
pursuant to an interstate compact or agreement.	34072

(B) "Person" means any individual, firm, partnership,	34073
association, or corporation, or any combination thereof.	34074

(C) "Air contaminant" means particulate matter, dust, fumes,	34075
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	34076
odorous substance, or any combination thereof.	34077

(D) "Air pollution" means the presence in the ambient air of	34078
one or more air contaminants in sufficient quantity and of such	34079
characteristics and duration as to injure human health or welfare,	34080
plant or animal life, or property, or that unreasonably interferes	34081
with the comfortable enjoyment of life or property.	34082

(E) "Ambient air" means that portion of the atmosphere	34083
outside of buildings and other enclosures, stacks, or ducts that	34084
surrounds human, plant, or animal life, or property.	34085

(F) "Emission" means the release into the outdoor atmosphere	34086
of an air contaminant.	34087

(G) "Air quality facility" means any of the following:

34088

(1) Any method, modification or replacement of property,	34089
process, device, structure, or equipment that removes, reduces,	34090
prevents, contains, alters, conveys, stores, disperses, or	34091
disposes of air contaminants or substances containing air	34092
contaminants, or that renders less noxious or reduces the	34093
concentration of air contaminants in the ambient air, including,	34094
without limitation, facilities and expenditures that qualify as	34095
air pollution control facilities under section 103 (C)(4)(F) of	34096
the Internal Revenue Code of 1954, as amended, and regulations	34097
adopted thereunder;	34098

(2) Motor vehicle inspection stations operated in accordance	34099
with, and any equipment used for motor vehicle inspections	34100
conducted under, section 3704.14 of the Revised Code and rules	34101
adopted under it;	34102

(3) Ethanol or other biofuel facilities, including any	34103
equipment used at the ethanol or other biofuel facility for the	34104
production of ethanol or other biofuels;	34105

(4) Any property or portion thereof used for the collection,	34106
storage, treatment, utilization, processing, or final disposal of	34107
a by-product or solid waste resulting from any method, process,	34108
device, structure, or equipment that removes, reduces, prevents,	34109
contains, alters, conveys, stores, disperses, or disposes of air	34110
contaminants, or that renders less noxious or reduces the	34111
concentration of air contaminants in the ambient air;	34112

(5) Any property, device, or equipment that promotes the	34113
reduction of emissions of air contaminants into the ambient air	34114
through improvements in the efficiency of energy utilization or	34115
energy conservation;	34116

(6) Any coal research and development project conducted under	34117
Chapter 1555. of the Revised Code;	34118

(7) As determined by the director of the Ohio coal	34119
development office, any property or portion thereof that is used	34120
for the collection, storage, treatment, utilization, processing,	34121
or final disposal of a by-product resulting from a coal research	34122
and development project as defined in section 1555.01 of the	34123
Revised Code or from the use of clean coal technology, excluding	34124
any property or portion thereof that is used primarily for other	34125
subsequent commercial purposes;	34126

(8) Any property or portion thereof that is part of the	34127
FutureGen project of the United States department of energy or	34128
related to the siting of the FutureGen project.	34129

"Air quality facility" further includes any property or	34130
system to be used in whole or in part for any of the purposes in	34131
divisions (G)(1) to (8) of this section, whether another purpose	34132
is also served, and any property or system incidental to or that	34133
has to do with, or the end purpose of which is, any of the	34134
foregoing. Air quality facilities that are defined in this	34135
division for industry, commerce, distribution, or research,	34136
including public utility companies, are hereby determined to be	34137
those that qualify as facilities for the control of air pollution	34138
and thermal pollution related to air under Section 13 of Article	34139
VIII, Ohio Constitution.	34140

(H) "Project" or "air quality project" means any air quality	34141
facility, including undivided or other interests therein, acquired	34142
or to be acquired or constructed or to be constructed by the Ohio	34143
air quality development authority under this chapter, or acquired	34144
or to be acquired or constructed or to be constructed by a	34145
governmental agency or person with all or a part of the cost	34146
thereof being paid from a loan or grant from the authority under	34147
this chapter or otherwise paid from the proceeds of air quality	34148
revenue bonds, including all buildings and facilities that the	34149
authority determines necessary for the operation of the project,	34150
together with all property, rights, easements, and interests that	34151
may be required for the operation of the project.	34152

(I) "Cost" as applied to an air quality project means the	34153
cost of acquisition and construction, the cost of acquisition of	34154
all land, rights-of-way, property rights, easements, franchise	34155
rights, and interests required for such acquisition and	34156
construction, the cost of demolishing or removing any buildings or	34157
structures on land so acquired, including the cost of acquiring	34158
any lands to which such buildings or structures may be moved, the	34159
cost of acquiring or constructing and equipping a principal office	34160
and sub-offices of the authority, the cost of diverting highways,	34161
interchange of highways, and access roads to private property,	34162
including the cost of land or easements for such access roads, the	34163
cost of public utility and common carrier relocation or	34164
duplication, the cost of all machinery, furnishings, and	34165
equipment, financing charges, interest prior to and during	34166
construction and for no more than eighteen months after completion	34167
of construction, engineering, expenses of research and development	34168
with respect to air quality facilities, the cost of any commodity	34169
contract, including fees and expenses related thereto, legal	34170
expenses, plans, specifications, surveys, studies, estimates of	34171
cost and revenues, working capital, other expenses necessary or	34172
incident to determining the feasibility or practicability of	34173
acquiring or constructing such project, administrative expense,	34174
and such other expense as may be necessary or incident to the	34175
acquisition or construction of the project, the financing of such	34176
acquisition or construction, including the amount authorized in	34177
the resolution of the authority providing for the issuance of air	34178
quality revenue bonds to be paid into any special funds from the	34179
proceeds of such bonds, and the financing of the placing of such	34180
project in operation. Any obligation, cost, or expense incurred by	34181
any governmental agency or person for surveys, borings,	34182
preparation of plans and specifications, and other engineering	34183
services, or any other cost described above, in connection with	34184
the acquisition or construction of a project may be regarded as a	34185
part of the cost of that project and may be reimbursed out of the	34186
proceeds of air quality revenue bonds as authorized by this	34187
chapter.	34188

(J) "Owner" includes an individual, copartnership,	34189
association, or corporation having any title or interest in any	34190
property, rights, easements, or interests authorized to be	34191
acquired by this chapter.	34192

(K) "Revenues" means all rentals and other charges received	34193
by the authority for the use or services of any air quality	34194
project, any gift or grant received with respect to any air	34195
quality project, any moneys received with respect to the lease,	34196
sublease, sale, including installment sale or conditional sale, or	34197
other disposition of an air quality project, moneys received in	34198
repayment of and for interest on any loans made by the authority	34199
to a person or governmental agency, whether from the United States	34200
or any department, administration, or agency thereof, or	34201
otherwise, proceeds of such bonds to the extent that use thereof	34202
for payment of principal of, premium, if any, or interest on the	34203
bonds is authorized by the authority, amounts received or	34204
otherwise derived from a commodity contract or from the sale of	34205
the related commodity under such a contract, proceeds from any	34206
insurance, condemnation, or guaranty pertaining to a project or	34207
property mortgaged to secure bonds or pertaining to the financing	34208
of the project, and income and profit from the investment of the	34209
proceeds of air quality revenue bonds or of any revenues.	34210

(L) "Public roads" includes all public highways, roads, and	34211
streets in the state, whether maintained by the state, county,	34212
city, township, or other political subdivision.	34213

(M) "Public utility facilities" includes tracks, pipes,	34214
mains, conduits, cables, wires, towers, poles, and other equipment	34215
and appliances of any public utility.	34216

(N) "Construction," unless the context indicates a different	34217
meaning or intent, includes reconstruction, enlargement,	34218
improvement, or providing furnishings or equipment.	34219

(O) "Air quality revenue bonds," unless the context indicates	34220
a different meaning or intent, includes air quality revenue notes,	34221
air quality revenue renewal notes, and air quality revenue	34222
refunding bonds, except that notes issued in anticipation of the	34223
issuance of bonds shall have a maximum maturity of five years as	34224
provided in section 3706.05 of the Revised Code and notes or	34225
renewal notes issued as the definitive obligation may be issued	34226
maturing at such time or times with a maximum maturity of forty	34227
years from the date of issuance of the original note.	34228

(P) "Solid waste" means any garbage; refuse; sludge from a	34229
waste water treatment plant, water supply treatment plant, or air	34230
pollution control facility; and other discarded material,	34231
including solid, liquid, semisolid, or contained gaseous material	34232
resulting from industrial, commercial, mining, and agricultural	34233
operations, and from community activities, but not including solid	34234
or dissolved material in domestic sewage, or solid or dissolved	34235
material in irrigation return flows or industrial discharges that	34236
are point sources subject to permits under section 402 of the	34237
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	34238
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	34239
byproduct material as defined by the "Atomic Energy Act of 1954,"	34240
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	34241

(Q) "Sludge" means any solid, semisolid, or liquid waste,	34242
other than a recyclable by-product, generated from a municipal,	34243
commercial, or industrial waste water treatment plant, water	34244
supply plant, or air pollution control facility or any other such	34245
wastes having similar characteristics and effects.	34246

(R) "Ethanol or other biofuel facility" means a plant at	34247
which ethanol or other biofuel is produced.	34248

(S) "Ethanol" means fermentation ethyl alcohol derived from	34249
agricultural products, including potatoes, cereal, grains, cheese	34250
whey, and sugar beets; forest products; or other renewable or	34251
biomass resources, including residue and waste generated from the	34252
production, processing, and marketing of agricultural products,	34253
forest products, and other renewable or biomass resources, that	34254
meets all of the specifications in the American society for	34255
testing and materials (ASTM) specification D 4806-88 and is	34256
denatured as specified in Parts 20 and 21 of Title 27 of the Code	34257
of Federal Regulations.	34258

(T) "Biofuel" means any fuel that is made from cellulosic	34259
biomass resources, including renewable organic matter, crop waste	34260
residue, wood, aquatic plants and other crops, animal waste, solid	34261
waste, or sludge, and that is used for the production of energy	34262
for transportation or other purposes.	34263

(U) "FutureGen project" means the buildings, equipment, and	34264
real property and functionally related buildings, equipment, and	34265
real property, including related research projects that support	34266
the development and operation of the buildings, equipment, and	34267
real property, designated by the United States department of	34268
energy and the FutureGen industrial alliance, inc., as the	34269
coal-fueled, zero-emissions power plant designed to prove the	34270
technical and economic feasibility of producing electricity and	34271
hydrogen from coal and nearly eliminating carbon dioxide emissions	34272
through capture and permanent storage.	34273

(V) "Commodity contract" means a contract or series of	34274
contracts entered into in connection with the acquisition or	34275
construction of air quality facilities for the purchase or sale of	34276
a commodity that is eligible for prepayment with the proceeds of	34277
federally tax exempt bonds under sections 103, 141, and 148 of the	34278
Internal Revenue Code of 1986, as amended, and regulations adopted	34279
under it.	34280

Sec. 3706.03. It is hereby declared to be the public policy	34281
of the state through the operations of the Ohio air quality	34282
development authority under this chapter to contribute toward one	34283
or more of the following: to provide for the conservation of air	34284
as a natural resource of the state, and to prevent or abate the	34285
pollution thereof, to provide for the comfort, health, safety, and	34286
general welfare of all employees, as well as all other inhabitants	34287
of the state, to assist in the financing of air quality facilities	34288
for industry, commerce, distribution, and research, including	34289
public utility companies, to create or preserve jobs and	34290
employment opportunities or improve the economic welfare of the	34291
people, or assist and cooperate with governmental agencies in	34292
achieving such purposes. In furtherance of such public policy the	34293
Ohio air quality development authority may initiate, acquire,	34294
construct, maintain, repair, and operate air quality projects or	34295
cause the same to be operated pursuant to a lease, sublease, or	34296
agreement with any person or governmental agency; may make loans	34297
and grants to governmental agencies for the acquisition or	34298
construction of air quality facilities by such governmental	34299
agencies; may make loans to persons for the acquisition or	34300
construction of air quality facilities by such persons; may enter	34301
into commodity contracts with, or make loans for the purpose of	34302
entering into commodity contracts to, any person, governmental	34303
agency, or entity located within or without the state in	34304
connection with the acquisition or construction of air quality	34305
facilities; and may issue air quality revenue bonds of this state	34306
payable solely from revenues, to pay the cost of such projects,	34307
including any related commodity contracts. Any air quality project	34308
shall be determined by the authority to be not inconsistent with	34309
any applicable air quality standards duly established and then	34310
required to be met pursuant to the "Clean Air Act," 84 Stat. 1679	34311
(1970), 42 U.S.C.A. 1857, as amended. Any resolution of the	34312
authority providing for acquiring or constructing such projects or	34313
for making a loan or grant for such projects shall include a	34314
finding by the authority that such determination has been made.	34315
Determinations by resolution of the authority that a project is an	34316
air quality facility under this chapter and is consistent with the	34317
purposes of section 13 of Article VIII, Ohio Constitution, and	34318
this chapter, shall be conclusive as to the validity and	34319
enforceability of the air quality revenue bonds issued to finance	34320
such project and of the resolutions, trust agreements or	34321
indentures, leases, subleases, sale agreements, loan agreements,	34322
and other agreements made in connection therewith, all in	34323
accordance with their terms.	34324

Sec. 3706.041. (A) With respect to projects, and the	34325
financing thereof, for industry, commerce, distribution, or	34326
research, including public utility companies, under agreements	34327
whereby the person to whom the project is to be leased, subleased,	34328
or sold, or to whom a loan is to be made for the project, is to	34329
make payments sufficient to pay all of the principal of, premium,	34330
if any, and interest on the air quality revenue bonds issued for	34331
the project, or the counterparty under any related commodity	34332
contract agrees to make payments sufficient in amount to pay all	34333
of the principal of, premium, if any, and interest on the related	34334
air quality revenue bonds, the Ohio air quality development	34335
authority may, in addition to other powers under this chapter:	34336

(1) Make loans for the acquisition or construction of the	34337
project to such person upon such terms as the authority may	34338
determine or authorize, including secured or unsecured loans, and,	34339
in connection therewith, enter into loan agreements and other	34340
agreements, including commodity contracts, accept notes and other	34341
forms of obligation to evidence such indebtedness and mortgages,	34342
liens, pledges, assignments, or other security interests to secure	34343
such indebtedness, which may be prior or ~~subordinnate~~subordinate	34344
to or on a parity with other indebtedness, obligations, mortgages,	34345
pledges, assignments, other security interests, or liens or	34346
encumbrances, and take such actions as may be considered by it	34347
appropriate to protect such security and safeguard against losses,	34348
including, without limitation thereto, foreclosure and the bidding	34349
upon and purchase of property upon foreclosure or other sale.	34350

(2) Sell such project under such terms as it may determine,	34351
including, without limitation thereto, sale by conditional sale or	34352
installment sale, under which title may pass prior to or after	34353
completion of the project or payment or provisions for payment of	34354
all principal of, premium, if any, and interest on such bonds, or	34355
at any other time provided in such agreement pertaining to such	34356
sale, and including sale under an option to purchase at a price	34357
which may be a nominal amount or less than true value at the time	34358
of purchase.	34359

(3) Grant a mortgage, lien, or other encumbrance on, or	34360
pledge or assignment of, or other security interest with respect	34361
to, all or any part of the project, revenues, reserve funds, or	34362
other funds established in connection with such bonds, or on, of,	34363
or with respect to any lease, sublease, sale, conditional sale or	34364
installment sale agreement, loan agreement, or other agreement	34365
pertaining to the lease, sublease, sale, or other disposition of a	34366
project or pertaining to a loan made for a project, or any	34367
guaranty or insurance agreement made with respect thereto, or any	34368
interest of the authority therein, or any other interest granted,	34369
assigned, or released to secure payments of the principal of,	34370
premium, if any, or interest on the bonds or to secure any other	34371
payments to be made by the authority, which mortgage, lien,	34372
encumbrance, pledge, assignment, or other security interest may be	34373
prior or subordinate to or on a parity with any other mortgage,	34374
assignment, other security interest, or lien or encumbrance.	34375

(4) Provide that the interest on such bonds may be at a	34376
variable rate or rates changing from time to time in accordance	34377
with a base or formula as authorized by the authority.	34378

(5) Contract for the acquisition or construction of such	34379
project or any part thereof, including any related commodity	34380
contracts, and for the leasing, subleasing, sale or other	34381
disposition of such project in a manner determined by the	34382
authority in its sole discretion, without necessity for	34383
competitive bidding or performance bonds.	34384

(B) Property comprising a project shall not be subject to	34385
taxes or assessments and so long as the bonds or notes issued to	34386
finance the costs of such project are outstanding, and the	34387
transfer of title to or possession of such property to the person	34388
to whom a loan or installment sale or conditional sale with	34389
respect to such project is made shall not be subject to the taxes	34390
levied pursuant to Chapters 5739. and 5741. of the Revised Code.	34391

The authority shall certify the property comprising a project	34392
which is exempt from taxes and assessments pursuant to this	34393
section, and shall send, by certified mail, copies of such	34394
certification to the owner of such exempt property, to the tax	34395
commissioner, and to the county auditor of the county or counties	34396
in which any such exempt property is located.	34397

Each county auditor shall maintain a separate list of all	34398
property exempt pursuant to this section and sections 6121.044 and	34399
6123.041 of the Revised Code, in addition to the list of exempt	34400
property required to be maintained pursuant to section 5713.07 of	34401
the Revised Code.	34402

(C) The authority, in the lease, sale or loan agreement with	34403
respect to a project referred to in division (A) of this section,	34404
shall make appropriate provision for adequate maintenance of the	34405
project.	34406

(D) With respect to the projects referred to in this section,	34407
the authority granted by this section is cumulative and	34408
supplementary to all other authority granted in this chapter. The	34409
authority granted by this section does not alter or impair any	34410
similar authority granted elsewhere in this chapter for or with	34411
respect to other projects.	34412

Sec. 3706.05. The Ohio air quality development authority may	34413
at any time issue revenue bonds and notes of the state in such	34414
principal amount as, in the opinion of the authority, are	34415
necessary for the purpose of paying any part of the cost of one or	34416
more air quality projects or parts thereof, including one or more	34417
payments pursuant to a commodity contract entered into in	34418
connection with the acquisition or construction of air quality	34419
facilities. The authority may at any time issue renewal notes,	34420
issue bonds to pay such notes and whenever it deems refunding	34421
expedient, refund any bonds by the issuance of air quality revenue	34422
refunding bonds of the state, whether the bonds to be refunded	34423
have or have not matured, and issue bonds partly to refund bonds	34424
then outstanding, and partly for any other authorized purpose. The	34425
refunding bonds shall be sold and the proceeds applied to the	34426
purchase, redemption, or payment of the bonds to be refunded.	34427
Except as may otherwise be expressly provided by the authority,	34428
every issue of its bonds or notes shall be general obligations of	34429
the authority payable out of the revenues of the authority that	34430
are pledged for such payment, without preference or priority of	34431
the first bonds issued, subject only to any agreements with the	34432
holders of particular bonds or notes pledging any particular	34433
revenues. Such pledge shall be valid and binding from the time the	34434
pledge is made and the revenues so pledged and thereafter received	34435
by the authority shall immediately be subject to the lien of such	34436
pledge without any physical delivery thereof or further act, and	34437
the lien of any such pledge is valid and binding as against all	34438
parties having claims of any kind in tort, contract, or otherwise	34439
against the authority, irrespective of whether such parties have	34440
notice thereof. Neither the resolution nor any trust agreement by	34441
which a pledge is created need be filed or recorded except in the	34442
records of the authority.	34443

Whether or not the bonds or notes are of such form and	34444
character as to be negotiable instruments, the bonds or notes	34445
shall have all the qualities and incidents of negotiable	34446
instruments, subject only to the provisions of the bonds or notes	34447
for registration.	34448

The bonds and notes shall be authorized by resolution of the	34449
authority, shall bear such date or dates, and shall mature at such	34450
time or times, in the case of any such note or any renewals	34451
thereof not exceeding five years from the date of issue of such	34452
original note and in the case of any such bond not exceeding forty	34453
years from the date of issue, as such resolution or resolutions	34454
may provide. The bonds and notes shall bear interest at such rate	34455
or rates, be in such denominations, be in such form, either coupon	34456
or registered, carry such registration privileges, be payable in	34457
such medium of payment, at such place or places, and be subject to	34458
such terms of redemption as the authority may authorize. The bonds	34459
and notes of the authority may be sold by the authority, at public	34460
or private sale, at or at not less than such price or prices as	34461
the authority determines. The bonds and notes shall be executed by	34462
the ~~chairman~~chairperson and ~~vice-chairman~~vice-chairperson of the	34463
authority, either or both of whom may use a facsimile signature,	34464
the official seal of the authority or a facsimile thereof shall be	34465
affixed thereto or printed thereon and attested, manually or by	34466
facsimile signature, by the secretary-treasurer of the authority,	34467
and any coupons attached thereto shall bear the signature or	34468
facsimile signature of the ~~chairman~~chairperson of the authority.	34469
In case any officer whose signature, or a facsimile of whose	34470
signature, appears on any bonds, notes or coupons ceases to be	34471
such officer before delivery of bonds or notes, such signature or	34472
facsimile shall nevertheless be sufficient for all purposes the	34473
same as if hethe officer had remained in office until such	34474
delivery, and in case the seal of the authority has been changed	34475
after a facsimile has been imprinted on such bonds or notes, such	34476
facsimile seal will continue to be sufficient for all purposes.	34477

Any resolution or resolutions authorizing any bonds or notes	34478
or any issue thereof may contain provisions, subject to such	34479
agreements with bondholders or noteholders as may then exist,	34480
which provisions shall be a part of the contract with the holders	34481
thereof, as to: the pledging of all or any part of the revenues of	34482
the authority to secure the payment of the bonds or notes or of	34483
any issue thereof; the use and disposition of revenues of the	34484
authority; a covenant to fix, alter, and collect rentals and other	34485
charges so that pledged revenues will be sufficient to pay costs	34486
of operation, maintenance, and repairs, pay principal of and	34487
interest on bonds or notes secured by the pledge of such revenues,	34488
and provide such reserves as may be required by the applicable	34489
resolution or trust agreement; the setting aside of reserve funds,	34490
sinking funds, or replacement and improvement funds and the	34491
regulation and disposition thereof; the crediting of the proceeds	34492
of the sale of bonds or notes to and among the funds referred to	34493
or provided for in the resolution authorizing the issuance of the	34494
bonds or notes; the use, lease, sale, or other disposition of any	34495
air quality project or any other assets of the authority;	34496
limitations on the purpose to which the proceeds of sale of bonds	34497
or notes may be applied and the pledging of such proceeds to	34498
secure the payment of the bonds or notes or of any issue thereof;	34499
as to notes issued in anticipation of the issuance of bonds, the	34500
agreement of the authority to do all things necessary for the	34501
authorization, issuance, and sale of such bonds in such amounts as	34502
may be necessary for the timely retirement of such notes;	34503
limitations on the issuance of additional bonds or notes; the	34504
terms upon which additional bonds or notes may be issued and	34505
secured; the refunding of outstanding bonds or notes; the	34506
procedure, if any, by which the terms of any contract with	34507
bondholders or noteholders may be amended or abrogated, the amount	34508
of bonds or notes the holders of which must consent thereto, and	34509
the manner in which such consent may be given; limitations on the	34510
amount of moneys to be expended by the authority for operating,	34511
administrative, or other expenses of the authority; securing any	34512
bonds or notes by a trust agreement in accordance with section	34513
3706.07 of the Revised Code; any other matters, of like or	34514
different character, that in any way affect the security or	34515
protection of the bonds or notes.	34516

Neither the members of the authority nor any person executing	34517
the bonds or notes shall be liable personally on the bonds or	34518
notes or be subject to any personal liability or accountability by	34519
reason of the issuance thereof.	34520

Sec. 3706.07. In the discretion of the Ohio air quality	34521
development authority, any air quality revenue bonds or notes or	34522
air quality revenue refunding bonds issued under Chapter 3706. of	34523
the Revised Code, may be secured by a trust agreement between the	34524
authority and a corporate trustee, which trustee may be any trust	34525
company or bank having the powers of a trust company within or	34526
without the state.	34527

Any such trust agreement may pledge or assign revenues of the	34528
authority to be received, but shall not convey or mortgage any air	34529
quality project or any part thereof. Any such trust agreement or	34530
any resolution providing for the issuance of such bonds or notes	34531
may contain such provisions for protecting and enforcing the	34532
rights and remedies of the bondholders or noteholders as are	34533
reasonable and proper and not in violation of law, including	34534
covenants setting forth the duties of the authority in relation to	34535
the acquisition of property, the construction, improvement,	34536
maintenance, repair, operation, and insurance of the air quality	34537
project or projects in connection with which such bonds or notes	34538
are authorized, the rentals or other charges to be imposed for the	34539
use or services of any air quality project, the application of	34540
revenues received or otherwise derived from a commodity contract	34541
or from the sale of the related commodity under such contract, the	34542
custody, safeguarding, and application of all moneys, and	34543
provisions for the employment of consulting engineers in	34544
connection with the construction or operation of such air quality	34545
project or projects. Any bank or trust company incorporated under	34546
the laws of this state that may act as depository of the proceeds	34547
of bonds or notes or of revenues may furnish such indemnifying	34548
bonds or may pledge such securities as are required by the	34549
authority. Any such trust agreement may set forth the rights and	34550
remedies of the bondholders and noteholders and of the trustee,	34551
and may restrict the individual right of action by bondholders and	34552
noteholders as is customary in trust agreements or trust	34553
indentures securing similar bonds. Such trust agreement may	34554
contain such other provisions as the authority determines	34555
reasonable and proper for the security of the bondholders or	34556
noteholders. All expenses incurred in carrying out the provisions	34557
of any such trust agreement may be treated as a part of the cost	34558
of the operation of the air quality project or projects. Any such	34559
trust agreement or resolution authorizing the issuance of air	34560
quality revenue bonds may provide the method whereby the general	34561
administrative overhead expenses of the authority shall be	34562
allocated among the several projects acquired or constructed by it	34563
as a factor of the operation expense of each such project.	34564

Sec. 3718.03. (A) There is hereby created the sewage	34565
treatment system technical advisory committee consisting of the	34566
director of health or the director's designee and ten members who	34567
are knowledgeable about sewage treatment systems and technologies	34568
~~to be appointed by the director~~. Of the ten members, four shall be	34569
appointed by the ~~director, one shall represent academia, two shall~~	34570
~~represent the interests of manufacturers of household sewage~~	34571
~~treatment systems, one shall represent installers and service~~	34572
~~providers, two shall be health commissioners who are members of~~	34573
~~and recommended by the association of Ohio health commissioners,~~	34574
~~one shall be a sanitarian who is registered under Chapter 4736. of~~	34575
~~the Revised Code and who is a member of the Ohio environmental~~	34576
~~health association, one shall be an engineer from the~~	34577
~~environmental protection agency, one shall be selected from among~~	34578
~~soil scientists from the division of soil and water conservation~~	34579
~~in the department of natural resources, and one shall be a~~	34580
~~representative of the public who is not employed by the state or~~	34581
~~any of its political subdivisions and who does not have a~~	34582
~~pecuniary interest in sewage treatment systems. All appointments~~	34583
~~to the committee shall be made not later than sixty days after the~~	34584
~~effective date of this section~~governor, three shall be appointed	34585
by the president of the senate, and three shall be appointed by	34586
the speaker of the house of representatives.	34587

(1) Of the members appointed by the governor, one shall	34588
represent academia, one shall be a representative of the public	34589
who is not employed by the state or any of its political	34590
subdivisions and who does not have a pecuniary interest in	34591
household sewage treatment systems, one shall be an engineer from	34592
the environmental protection agency, and one shall be selected	34593
from among soil scientists in the division of soil and water	34594
conservation in the department of natural resources.	34595

(2) Of the members appointed by the president of the senate,	34596
one shall be a health commissioner who is a member of and	34597
recommended by the association of Ohio health commissioners, one	34598
shall represent the interests of manufacturers of household sewage	34599
treatment systems, and one shall represent installers and service	34600
providers.	34601

(3) Of the members appointed by the speaker of the house of	34602
representatives, one shall be a health commissioner who is a	34603
member of and recommended by the association of Ohio health	34604
commissioners, one shall represent the interests of manufacturers	34605
of household sewage treatment systems, and one shall be a	34606
sanitarian who is registered under Chapter 4736. of the Revised	34607
Code and who is a member of the Ohio environmental health	34608
association.	34609

(B) ~~Of the initial members appointed by the director to the~~	34610
~~technical advisory committee, three shall be appointed for one~~	34611
~~year, three shall be appointed for two years, and four shall be~~	34612
~~appointed for three years. Thereafter, terms~~Terms of members	34613
appointed to the committee shall be for three years, with each	34614
term ending on the same day of the same month as did the term that	34615
it succeeds. Each member shall serve from the date of appointment	34616
until the end of the term for which the member was appointed.	34617

Members may be reappointed. Vacancies shall be filled in the	34618
same manner as provided for original appointments. Any member	34619
appointed to fill a vacancy occurring prior to the expiration date	34620
of the term for which the member was appointed shall hold office	34621
for the remainder of that term. A member shall continue to serve	34622
after the expiration date of the member's term until the member's	34623
successor is appointed or until a period of sixty days has	34624
elapsed, whichever occurs first. The ~~director~~applicable	34625
appointing authority may remove a member from the committee for	34626
failure to attend two consecutive meetings without showing good	34627
cause for the absences.	34628

(C) ~~The director or the director's designee shall serve as~~	34629
~~the chairperson of the technical advisory committee.~~ The technical	34630
advisory committee annually shall select from among its members a	34631
chairperson and a vice-chairperson and a secretary to keep a	34632
record of its proceedings. A majority vote of the members of the	34633
full committee is necessary to take action on any matter. The	34634
committee may adopt bylaws governing its operation, including	34635
bylaws that establish the frequency of meetings.	34636

(D) Serving as a member of the sewage treatment system	34637
technical advisory committee does not constitute holding a public	34638
office or position of employment under the laws of this state and	34639
does not constitute grounds for removal of public officers or	34640
employees from their offices or positions of employment. Members	34641
of the committee shall serve without compensation for attending	34642
committee meetings.	34643

(E) A member of the committee shall not have a conflict of	34644
interest with the position. For the purposes of this division,	34645
"conflict of interest" means the taking of any action that	34646
violates any provision of Chapter 102. or 2921. of the Revised	34647
Code.	34648

(F) The sewage treatment system technical advisory committee	34649
shall do all of the following:	34650

(1) Develop with the department of health standards and	34651
guidelines for ~~use by the director in~~ approving or disapproving a	34652
sewage treatment system or components of a system under section	34653
3718.04 of the Revised Code;	34654

(2) Develop with the department an application form to be	34655
submitted to the director by an applicant for approval or	34656
disapproval of a sewage treatment system or components of a system	34657
and specify the information that must be included with an	34658
application form;	34659

(3) Advise the director on the approval or disapproval of an	34660
application sent to the director under section 3718.04 of the	34661
Revised Code requesting approval of a sewage treatment system or	34662
components of a system;	34663

(4) Pursue and recruit in an active manner the research,	34664
development, introduction, and timely approval of innovative and	34665
cost-effective household sewage treatment systems and components	34666
of a system for use in this state, which shall include conducting	34667
pilot projects to assess the effectiveness of a system or	34668
components of a system;	34669

(5) By January 1, 2008, provide the household sewage and	34670
small flow on-site sewage treatment system study commission	34671
created by Am. Sub. H.B. 119 of the 127th general assembly with a	34672
list of available alternative systems and the estimated cost of	34673
each system.	34674

(G) ~~If the committee meets in a calendar year, the director~~	34675
~~of health~~The chairperson of the committee shall prepare and	34676
submit aan annual report concerning the activities of the	34677
committee to the general assembly not later than ninety days after	34678
the end of the calendar year. The report shall discuss the number	34679
of applications submitted under section 3718.04 of the Revised	34680
Code for the approval of a new sewage treatment system or a	34681
component of a system, the number of such systems and components	34682
that were approved, any information that the committee considers	34683
beneficial to the general assembly, and any other information that	34684
the ~~director~~chairperson determines is beneficial to the general	34685
assembly. If other members of the committee ~~determines~~determine	34686
that certain information should be included in the report, ~~the~~	34687
~~committee~~they shall submit the information to the ~~director~~	34688
chairperson not later than thirty days after the end of the	34689
calendar year.	34690

(H) The department shall provide meeting space for the	34691
committee. The committee shall be assisted in its duties by the	34692
staff of the department.	34693

(I) Sections 101.82 to 101.87 of the Revised Code do not	34694
apply to the sewage treatment system technical advisory committee.	34695

Sec. 3721.51. The department of job and family services	34696
shall do all of the following:	34697

(A) Subject to division (C) of this section and for the	34698
purposes specified in sections 3721.56 and 3721.561 of the Revised	34699
Code, determine an annual franchise permit fee on each nursing	34700
home in an amount equal to six dollars and twenty-five cents ~~for~~	34701
~~fiscal years 2006 and 2007 and one dollar for each fiscal year~~	34702
~~thereafter~~, multiplied by the product of the following:	34703

(1) The number of beds licensed as nursing home beds, plus	34704
any other beds certified as skilled nursing facility beds under	34705
Title XVIII or nursing facility beds under Title XIX on the first	34706
day of May of the calendar year in which the fee is determined	34707
pursuant to division (A) of section 3721.53 of the Revised Code;	34708

(2) The number of days in the fiscal year beginning on the	34709
first day of July of the calendar year in which the fee is	34710
determined pursuant to division (A) of section 3721.53 of the	34711
Revised Code.	34712

(B) Subject to division (C) of this section and for the	34713
purposes specified in sections 3721.56 and 3721.561 of the Revised	34714
Code, determine an annual franchise permit fee on each hospital in	34715
an amount equal to six dollars and twenty-five cents ~~for fiscal~~	34716
~~years 2006 and 2007 and one dollar for each fiscal year~~	34717
~~thereafter~~, multiplied by the product of the following:	34718

(1) The number of beds registered pursuant to section 3701.07	34719
of the Revised Code as skilled nursing facility beds or long-term	34720
care beds, plus any other beds licensed as nursing home beds under	34721
section 3721.02 or 3721.09 of the Revised Code, on the first day	34722
of May of the calendar year in which the fee is determined	34723
pursuant to division (A) of section 3721.53 of the Revised Code;	34724

(2) The number of days in the fiscal year beginning on the	34725
first day of July of the calendar year in which the fee is	34726
determined pursuant to division (A) of section 3721.53 of the	34727
Revised Code.	34728

(C) If the United States centers for medicare and medicaid	34729
services determines that the franchise permit fee established by	34730
sections 3721.50 to 3721.58 of the Revised Code is an	34731
impermissible health care related tax under section 1903(w) of the	34732
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	34733
amended, take all necessary actions to cease implementation of	34734
sections 3721.50 to 3721.58 of the Revised Code in accordance with	34735
rules adopted under section 3721.58 of the Revised Code.	34736

Sec. 3721.541. (A) In addition to assessing a penalty	34737
pursuant to section 3721.54 of the Revised Code, the department of	34738
job and family services may do ~~either~~any of the following if a	34739
nursing facility or hospital fails to pay the full amount of a	34740
franchise permit fee installment when due:	34741

(1) Withhold an amount less than or equal to the installment	34742
and penalty assessed under section 3721.54 of the Revised Code	34743
from a medicaid payment due the nursing facility or hospital until	34744
the nursing facility or hospital pays the installment and penalty;	34745

(2) Offset an amount less than or equal to the installment	34746
and penalty assessed under section 3721.54 of the Revised Code	34747
from a Medicaid payment due the nursing facility or hospital;	34748

(3) Terminate the nursing facility or hospital's medicaid	34749
provider agreement.	34750

(B) The department may ~~withhold~~offset a medicaid payment	34751
under division (A)(1) of this section without providing notice to	34752
the nursing facility or hospital and without conducting an	34753
adjudication under Chapter 119. of the Revised Code.	34754

Sec. 3721.56. There is hereby created in the state treasury	34755
the home- and community-based services for the aged fund. Sixteen	34756
per cent of all payments and penalties paid by nursing homes and	34757
hospitals under sections 3721.53 and 3721.54 of the Revised Code	34758
~~for fiscal years 2006 and 2007, and all such payments and~~	34759
~~penalties paid for subsequent fiscal years,~~ shall be deposited	34760
into the fund. The departments of job and family services and	34761
aging shall use the moneys in the fund to fund the following in	34762
accordance with rules adopted under section 3721.58 of the Revised	34763
Code:	34764

(A) The medicaid program established under Chapter 5111. of	34765
the Revised Code, including the PASSPORT program established under	34766
section 173.40 of the Revised Code;	34767

(B) The residential state supplement program established	34768
under section 173.35 of the Revised Code.	34769

Sec. 3727.391. ~~(A) The duties of the director of health under~~	34770
~~section 3727.39 of the Revised Code apply only to the extent that~~	34771
~~appropriations are made by the general assembly to make~~	34772
~~performance of the duties possible.~~	34773

~~(B) Subject to division (A) of this section, the~~The director	34774
of health shall enter into a contract with a person under which	34775
the director's duties under section 3727.39 of the Revised Code	34776
are performed by the person pursuant to the contract. The contract	34777
may be entered into with any person selected by the director. For	34778
purposes of section 3727.39 of the Revised Code, all references to	34779
the director are references to the person who is under contract	34780
with the director pursuant to this division.	34781

The department of health may accept gifts, grants,	34782
donations, and awards for purposes of paying the fees or other	34783
costs incurred when a contract is entered into under this	34784
division.	34785

Sec. 3734.57. (A) The following fees are hereby levied on	34786
the transfer or disposal of solid wastes in this state:	34787

(1) One dollar per ton on and after July 1, 2003, through	34788
June 30, ~~2008~~2010, one-half of the proceeds of which shall be	34789
deposited in the state treasury to the credit of the hazardous	34790
waste facility management fund created in section 3734.18 of the	34791
Revised Code and one-half of the proceeds of which shall be	34792
deposited in the state treasury to the credit of the hazardous	34793
waste clean-up fund created in section 3734.28 of the Revised	34794
Code;	34795

(2) An additional one dollar per ton on and after July 1,	34796
2003, through June 30, ~~2008~~2010, the proceeds of which shall be	34797
deposited in the state treasury to the credit of the solid waste	34798
fund, which is hereby created. The environmental protection agency	34799
shall use money in the solid waste fund to pay the costs of	34800
administering and enforcing the laws pertaining to solid wastes,	34801
infectious wastes, and construction and demolition debris,	34802
including, without limitation, ground water evaluations related to	34803
solid wastes, infectious wastes, and construction and demolition	34804
debris, under this chapter and Chapter 3714. of the Revised Code	34805
and any rules adopted under them, providing compliance assistance	34806
to small businesses, and paying a share of the administrative	34807
costs of the environmental protection agency pursuant to section	34808
3745.014 of the Revised Code.	34809

(3) An additional one dollar and fifty cents per ton on and	34810
after July 1, 2005, through June 30, ~~2008~~2010, the proceeds of	34811
which shall be deposited in the state treasury to the credit of	34812
the environmental protection fund created in section 3745.015 of	34813
the Revised Code.	34814

In the case of solid wastes that are taken to a solid waste	34815
transfer facility located in this state prior to being transported	34816
for disposal at a solid waste disposal facility located in this	34817
state or outside of this state, the fees levied under this	34818
division shall be collected by the owner or operator of the	34819
transfer facility as a trustee for the state. The amount of fees	34820
required to be collected under this division at such a transfer	34821
facility shall equal the total tonnage of solid wastes received at	34822
the facility multiplied by the fees levied under this division. In	34823
the case of solid wastes that are not taken to a solid waste	34824
transfer facility located in this state prior to being transported	34825
to a solid waste disposal facility, the fees shall be collected by	34826
the owner or operator of the solid waste disposal facility as a	34827
trustee for the state. The amount of fees required to be collected	34828
under this division at such a disposal facility shall equal the	34829
total tonnage of solid wastes received at the facility that was	34830
not previously taken to a solid waste transfer facility located in	34831
this state multiplied by the fees levied under this division. Fees	34832
levied under this division do not apply to materials separated	34833
from a mixed waste stream for recycling by a generator or	34834
materials removed from the solid waste stream through recycling,	34835
as "recycling" is defined in rules adopted under section 3734.02	34836
of the Revised Code.	34837

The owner or operator of a solid waste transfer facility or	34838
disposal facility, as applicable, shall prepare and file with the	34839
director of environmental protection each month a return	34840
indicating the total tonnage of solid wastes received at the	34841
facility during that month and the total amount of the fees	34842
required to be collected under this division during that month. In	34843
addition, the owner or operator of a solid waste disposal facility	34844
shall indicate on the return the total tonnage of solid wastes	34845
received from transfer facilities located in this state during	34846
that month for which the fees were required to be collected by the	34847
transfer facilities. The monthly returns shall be filed on a form	34848
prescribed by the director. Not later than thirty days after the	34849
last day of the month to which a return applies, the owner or	34850
operator shall mail to the director the return for that month	34851
together with the fees required to be collected under this	34852
division during that month as indicated on the return. If the	34853
return is filed and the amount of the fees due is paid in a timely	34854
manner as required in this division, the owner or operator may	34855
retain a discount of three-fourths of one per cent of the total	34856
amount of the fees that are required to be paid as indicated on	34857
the return.	34858

The owner or operator may request an extension of not more	34859
than thirty days for filing the return and remitting the fees,	34860
provided that the owner or operator has submitted such a request	34861
in writing to the director together with a detailed description of	34862
why the extension is requested, the director has received the	34863
request not later than the day on which the return is required to	34864
be filed, and the director has approved the request. If the fees	34865
are not remitted within thirty days after the last day of the	34866
month to which the return applies or are not remitted by the last	34867
day of an extension approved by the director, the owner or	34868
operator shall not retain the three-fourths of one per cent	34869
discount and shall pay an additional ten per cent of the amount of	34870
the fees for each month that they are late. For purposes of	34871
calculating the late fee, the first month in which fees are late	34872
begins on the first day after the deadline has passed for timely	34873
submitting the return and fees, and one additional month shall be	34874
counted every thirty days thereafter.	34875

The owner or operator of a solid waste facility may request a	34876
refund or credit of fees levied under this division and remitted	34877
to the director that have not been paid to the owner or operator.	34878
Such a request shall be made only if the fees have not been	34879
collected by the owner or operator, have become a debt that has	34880
become worthless or uncollectable for a period of six months or	34881
more, and may be claimed as a deduction, including a deduction	34882
claimed if the owner or operator keeps accounts on an accrual	34883
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	34884
U.S.C. 166, as amended, and regulations adopted under it. Prior to	34885
making a request for a refund or credit, an owner or operator	34886
shall make reasonable efforts to collect the applicable fees. A	34887
request for a refund or credit shall not include any costs	34888
resulting from those efforts to collect unpaid fees.	34889

A request for a refund or credit of fees shall be made in	34890
writing, on a form prescribed by the director, and shall be	34891
supported by evidence that may be required in rules adopted by the	34892
director under this chapter. After reviewing the request, and if	34893
the request and evidence submitted with the request indicate that	34894
a refund or credit is warranted, the director shall grant a refund	34895
to the owner or operator or shall permit a credit to be taken by	34896
the owner or operator on a subsequent monthly return submitted by	34897
the owner or operator. The amount of a refund or credit shall not	34898
exceed an amount that is equal to ninety days' worth of fees owed	34899
to an owner or operator by a particular debtor of the owner or	34900
operator. A refund or credit shall not be granted by the director	34901
to an owner or operator more than once in any twelve-month period	34902
for fees owed to the owner or operator by a particular debtor.	34903

If, after receiving a refund or credit from the director, an	34904
owner or operator receives payment of all or part of the fees, the	34905
owner or operator shall remit the fees with the next monthly	34906
return submitted to the director together with a written	34907
explanation of the reason for the submittal.	34908

For purposes of computing the fees levied under this division	34909
or division (B) of this section, any solid waste transfer or	34910
disposal facility that does not use scales as a means of	34911
determining gate receipts shall use a conversion factor of three	34912
cubic yards per ton of solid waste or one cubic yard per ton for	34913
baled waste, as applicable.	34914

The fees levied under this division and divisions (B) and (C)	34915
of this section are in addition to all other applicable fees and	34916
taxes and shall be paid by the customer or a political subdivision	34917
to the owner or operator of a solid waste transfer or disposal	34918
facility notwithstanding the existence of any provision in a	34919
contract that the customer or a political subdivision may have	34920
with the owner or operator or with a transporter of waste to the	34921
facility that would not require or allow such payment.	34922

(B) For the purposes specified in division (G) of this	34923
section, the solid waste management policy committee of a county	34924
or joint solid waste management district may levy fees upon the	34925
following activities:	34926

(1) The disposal at a solid waste disposal facility located	34927
in the district of solid wastes generated within the district;	34928

(2) The disposal at a solid waste disposal facility within	34929
the district of solid wastes generated outside the boundaries of	34930
the district, but inside this state;	34931

(3) The disposal at a solid waste disposal facility within	34932
the district of solid wastes generated outside the boundaries of	34933
this state.	34934

The solid waste management plan of the county or joint	34935
district approved under section 3734.521 or 3734.55 of the Revised	34936
Code and any amendments to it, or the resolution adopted under	34937
this division, as appropriate, shall establish the rates of the	34938
fees levied under divisions (B)(1), (2), and (3) of this section,	34939
if any, and shall specify whether the fees are levied on the basis	34940
of tons or cubic yards as the unit of measurement. A solid waste	34941
management district that levies fees under this division on the	34942
basis of cubic yards shall do so in accordance with division (A)	34943
of this section.	34944

The fee levied under division (B)(1) of this section shall be	34945
not less than one dollar per ton nor more than two dollars per	34946
ton, the fee levied under division (B)(2) of this section shall be	34947
not less than two dollars per ton nor more than four dollars per	34948
ton, and the fee levied under division (B)(3) of this section	34949
shall be not more than the fee levied under division (B)(1) of	34950
this section.	34951

Prior to the approval of the solid waste management plan of a	34952
district under section 3734.55 of the Revised Code, the solid	34953
waste management policy committee of a district may levy fees	34954
under this division by adopting a resolution establishing the	34955
proposed amount of the fees. Upon adopting the resolution, the	34956
committee shall deliver a copy of the resolution to the board of	34957
county commissioners of each county forming the district and to	34958
the legislative authority of each municipal corporation and	34959
township under the jurisdiction of the district and shall prepare	34960
and publish the resolution and a notice of the time and location	34961
where a public hearing on the fees will be held. Upon adopting the	34962
resolution, the committee shall deliver written notice of the	34963
adoption of the resolution; of the amount of the proposed fees;	34964
and of the date, time, and location of the public hearing to the	34965
director and to the fifty industrial, commercial, or institutional	34966
generators of solid wastes within the district that generate the	34967
largest quantities of solid wastes, as determined by the	34968
committee, and to their local trade associations. The committee	34969
shall make good faith efforts to identify those generators within	34970
the district and their local trade associations, but the	34971
nonprovision of notice under this division to a particular	34972
generator or local trade association does not invalidate the	34973
proceedings under this division. The publication shall occur at	34974
least thirty days before the hearing. After the hearing, the	34975
committee may make such revisions to the proposed fees as it	34976
considers appropriate and thereafter, by resolution, shall adopt	34977
the revised fee schedule. Upon adopting the revised fee schedule,	34978
the committee shall deliver a copy of the resolution doing so to	34979
the board of county commissioners of each county forming the	34980
district and to the legislative authority of each municipal	34981
corporation and township under the jurisdiction of the district.	34982
Within sixty days after the delivery of a copy of the resolution	34983
adopting the proposed revised fees by the policy committee, each	34984
such board and legislative authority, by ordinance or resolution,	34985
shall approve or disapprove the revised fees and deliver a copy of	34986
the ordinance or resolution to the committee. If any such board or	34987
legislative authority fails to adopt and deliver to the policy	34988
committee an ordinance or resolution approving or disapproving the	34989
revised fees within sixty days after the policy committee	34990
delivered its resolution adopting the proposed revised fees, it	34991
shall be conclusively presumed that the board or legislative	34992
authority has approved the proposed revised fees. The committee	34993
shall determine if the resolution has been ratified in the same	34994
manner in which it determines if a draft solid waste management	34995
plan has been ratified under division (B) of section 3734.55 of	34996
the Revised Code.	34997

The committee may amend the schedule of fees levied pursuant	34998
to a resolution adopted and ratified under this division by	34999
adopting a resolution establishing the proposed amount of the	35000
amended fees. The committee may repeal the fees levied pursuant to	35001
such a resolution by adopting a resolution proposing to repeal	35002
them. Upon adopting such a resolution, the committee shall proceed	35003
to obtain ratification of the resolution in accordance with this	35004
division.	35005

Not later than fourteen days after declaring the new fees to	35006
be ratified or the fees to be repealed under this division, the	35007
committee shall notify by certified mail the owner or operator of	35008
each solid waste disposal facility that is required to collect the	35009
fees of the ratification and the amount of the fees or of the	35010
repeal of the fees. Collection of any fees shall commence or	35011
collection of repealed fees shall cease on the first day of the	35012
second month following the month in which notification is sent to	35013
the owner or operator.	35014

Fees levied under this division also may be established,	35015
amended, or repealed by a solid waste management policy committee	35016
through the adoption of a new district solid waste management	35017
plan, the adoption of an amended plan, or the amendment of the	35018
plan or amended plan in accordance with sections 3734.55 and	35019
3734.56 of the Revised Code or the adoption or amendment of a	35020
district plan in connection with a change in district composition	35021
under section 3734.521 of the Revised Code.	35022

Not later than fourteen days after the director issues an	35023
order approving a district's solid waste management plan, amended	35024
plan, or amendment to a plan or amended plan that establishes,	35025
amends, or repeals a schedule of fees levied by the district, the	35026
committee shall notify by certified mail the owner or operator of	35027
each solid waste disposal facility that is required to collect the	35028
fees of the approval of the plan or amended plan, or the amendment	35029
to the plan, as appropriate, and the amount of the fees, if any.	35030
In the case of an initial or amended plan approved under section	35031
3734.521 of the Revised Code in connection with a change in	35032
district composition, other than one involving the withdrawal of a	35033
county from a joint district, the committee, within fourteen days	35034
after the change takes effect pursuant to division (G) of that	35035
section, shall notify by certified mail the owner or operator of	35036
each solid waste disposal facility that is required to collect the	35037
fees that the change has taken effect and of the amount of the	35038
fees, if any. Collection of any fees shall commence or collection	35039
of repealed fees shall cease on the first day of the second month	35040
following the month in which notification is sent to the owner or	35041
operator.	35042

If, in the case of a change in district composition involving	35043
the withdrawal of a county from a joint district, the director	35044
completes the actions required under division (G)(1) or (3) of	35045
section 3734.521 of the Revised Code, as appropriate, forty-five	35046
days or more before the beginning of a calendar year, the policy	35047
committee of each of the districts resulting from the change that	35048
obtained the director's approval of an initial or amended plan in	35049
connection with the change, within fourteen days after the	35050
director's completion of the required actions, shall notify by	35051
certified mail the owner or operator of each solid waste disposal	35052
facility that is required to collect the district's fees that the	35053
change is to take effect on the first day of January immediately	35054
following the issuance of the notice and of the amount of the fees	35055
or amended fees levied under divisions (B)(1) to (3) of this	35056
section pursuant to the district's initial or amended plan as so	35057
approved or, if appropriate, the repeal of the district's fees by	35058
that initial or amended plan. Collection of any fees set forth in	35059
such a plan or amended plan shall commence on the first day of	35060
January immediately following the issuance of the notice. If such	35061
an initial or amended plan repeals a schedule of fees, collection	35062
of the fees shall cease on that first day of January.	35063

If, in the case of a change in district composition involving	35064
the withdrawal of a county from a joint district, the director	35065
completes the actions required under division (G)(1) or (3) of	35066
section 3734.521 of the Revised Code, as appropriate, less than	35067
forty-five days before the beginning of a calendar year, the	35068
director, on behalf of each of the districts resulting from the	35069
change that obtained the director's approval of an initial or	35070
amended plan in connection with the change proceedings, shall	35071
notify by certified mail the owner or operator of each solid waste	35072
disposal facility that is required to collect the district's fees	35073
that the change is to take effect on the first day of January	35074
immediately following the mailing of the notice and of the amount	35075
of the fees or amended fees levied under divisions (B)(1) to (3)	35076
of this section pursuant to the district's initial or amended plan	35077
as so approved or, if appropriate, the repeal of the district's	35078
fees by that initial or amended plan. Collection of any fees set	35079
forth in such a plan or amended plan shall commence on the first	35080
day of the second month following the month in which notification	35081
is sent to the owner or operator. If such an initial or amended	35082
plan repeals a schedule of fees, collection of the fees shall	35083
cease on the first day of the second month following the month in	35084
which notification is sent to the owner or operator.	35085

If the schedule of fees that a solid waste management	35086
district is levying under divisions (B)(1) to (3) of this section	35087
is amended or repealed, the fees in effect immediately prior to	35088
the amendment or repeal shall continue to be collected until	35089
collection of the amended fees commences or collection of the	35090
repealed fees ceases, as applicable, as specified in this	35091
division. In the case of a change in district composition, money	35092
so received from the collection of the fees of the former	35093
districts shall be divided among the resulting districts in	35094
accordance with division (B) of section 343.012 of the Revised	35095
Code and the agreements entered into under division (B) of section	35096
343.01 of the Revised Code to establish the former and resulting	35097
districts and any amendments to those agreements.	35098

For the purposes of the provisions of division (B) of this	35099
section establishing the times when newly established or amended	35100
fees levied by a district are required to commence and the	35101
collection of fees that have been amended or repealed is required	35102
to cease, "fees" or "schedule of fees" includes, in addition to	35103
fees levied under divisions (B)(1) to (3) of this section, those	35104
levied under section 3734.573 or 3734.574 of the Revised Code.	35105

(C) For the purposes of defraying the added costs to a	35106
municipal corporation or township of maintaining roads and other	35107
public facilities and of providing emergency and other public	35108
services, and compensating a municipal corporation or township for	35109
reductions in real property tax revenues due to reductions in real	35110
property valuations resulting from the location and operation of a	35111
solid waste disposal facility within the municipal corporation or	35112
township, a municipal corporation or township in which such a	35113
solid waste disposal facility is located may levy a fee of not	35114
more than twenty-five cents per ton on the disposal of solid	35115
wastes at a solid waste disposal facility located within the	35116
boundaries of the municipal corporation or township regardless of	35117
where the wastes were generated.	35118

The legislative authority of a municipal corporation or	35119
township may levy fees under this division by enacting an	35120
ordinance or adopting a resolution establishing the amount of the	35121
fees. Upon so doing the legislative authority shall mail a	35122
certified copy of the ordinance or resolution to the board of	35123
county commissioners or directors of the county or joint solid	35124
waste management district in which the municipal corporation or	35125
township is located or, if a regional solid waste management	35126
authority has been formed under section 343.011 of the Revised	35127
Code, to the board of trustees of that regional authority, the	35128
owner or operator of each solid waste disposal facility in the	35129
municipal corporation or township that is required to collect the	35130
fee by the ordinance or resolution, and the director of	35131
environmental protection. Although the fees levied under this	35132
division are levied on the basis of tons as the unit of	35133
measurement, the legislative authority, in its ordinance or	35134
resolution levying the fees under this division, may direct that	35135
the fees be levied on the basis of cubic yards as the unit of	35136
measurement based upon a conversion factor of three cubic yards	35137
per ton generally or one cubic yard per ton for baled wastes.	35138

Not later than five days after enacting an ordinance or	35139
adopting a resolution under this division, the legislative	35140
authority shall so notify by certified mail the owner or operator	35141
of each solid waste disposal facility that is required to collect	35142
the fee. Collection of any fee levied on or after March 24, 1992,	35143
shall commence on the first day of the second month following the	35144
month in which notification is sent to the owner or operator.	35145

(D)(1) The fees levied under divisions (A), (B), and (C) of	35146
this section do not apply to the disposal of solid wastes that:	35147

(a) Are disposed of at a facility owned by the generator of	35148
the wastes when the solid waste facility exclusively disposes of	35149
solid wastes generated at one or more premises owned by the	35150
generator regardless of whether the facility is located on a	35151
premises where the wastes are generated;	35152

(b) Are disposed of at facilities that exclusively dispose of	35153
wastes that are generated from the combustion of coal, or from the	35154
combustion of primarily coal in combination with scrap tires, that	35155
is not combined in any way with garbage at one or more premises	35156
owned by the generator.	35157

(2) Except as provided in section 3734.571 of the Revised	35158
Code, any fees levied under division (B)(1) of this section apply	35159
to solid wastes originating outside the boundaries of a county or	35160
joint district that are covered by an agreement for the joint use	35161
of solid waste facilities entered into under section 343.02 of the	35162
Revised Code by the board of county commissioners or board of	35163
directors of the county or joint district where the wastes are	35164
generated and disposed of.	35165

(3) When solid wastes, other than solid wastes that consist	35166
of scrap tires, are burned in a disposal facility that is an	35167
incinerator or energy recovery facility, the fees levied under	35168
divisions (A), (B), and (C) of this section shall be levied upon	35169
the disposal of the fly ash and bottom ash remaining after burning	35170
of the solid wastes and shall be collected by the owner or	35171
operator of the sanitary landfill where the ash is disposed of.	35172

(4) When solid wastes are delivered to a solid waste transfer	35173
facility, the fees levied under divisions (B) and (C) of this	35174
section shall be levied upon the disposal of solid wastes	35175
transported off the premises of the transfer facility for disposal	35176
and shall be collected by the owner or operator of the solid waste	35177
disposal facility where the wastes are disposed of.	35178

(5) The fees levied under divisions (A), (B), and (C) of this	35179
section do not apply to sewage sludge that is generated by a waste	35180
water treatment facility holding a national pollutant discharge	35181
elimination system permit and that is disposed of through	35182
incineration, land application, or composting or at another	35183
resource recovery or disposal facility that is not a landfill.	35184

(6) The fees levied under divisions (A), (B), and (C) of this	35185
section do not apply to solid wastes delivered to a solid waste	35186
composting facility for processing. When any unprocessed solid	35187
waste or compost product is transported off the premises of a	35188
composting facility and disposed of at a landfill, the fees levied	35189
under divisions (A), (B), and (C) of this section shall be	35190
collected by the owner or operator of the landfill where the	35191
unprocessed waste or compost product is disposed of.	35192

(7) When solid wastes that consist of scrap tires are	35193
processed at a scrap tire recovery facility, the fees levied under	35194
divisions (A), (B), and (C) of this section shall be levied upon	35195
the disposal of the fly ash and bottom ash or other solid wastes	35196
remaining after the processing of the scrap tires and shall be	35197
collected by the owner or operator of the solid waste disposal	35198
facility where the ash or other solid wastes are disposed of.	35199

(8) The director of environmental protection may issue an	35200
order exempting from the fees levied under this section solid	35201
wastes, including, but not limited to, scrap tires, that are	35202
generated, transferred, or disposed of as a result of a contract	35203
providing for the expenditure of public funds entered into by the	35204
administrator or regional administrator of the United States	35205
environmental protection agency, the director of environmental	35206
protection, or the director of administrative services on behalf	35207
of the director of environmental protection for the purpose of	35208
remediating conditions at a hazardous waste facility, solid waste	35209
facility, or other location at which the administrator or regional	35210
administrator or the director of environmental protection has	35211
reason to believe that there is a substantial threat to public	35212
health or safety or the environment or that the conditions are	35213
causing or contributing to air or water pollution or soil	35214
contamination. An order issued by the director of environmental	35215
protection under division (D)(8) of this section shall include a	35216
determination that the amount of the fees not received by a solid	35217
waste management district as a result of the order will not	35218
adversely impact the implementation and financing of the	35219
district's approved solid waste management plan and any approved	35220
amendments to the plan. Such an order is a final action of the	35221
director of environmental protection.	35222

(E) The fees levied under divisions (B) and (C) of this	35223
section shall be collected by the owner or operator of the solid	35224
waste disposal facility where the wastes are disposed of as a	35225
trustee for the county or joint district and municipal corporation	35226
or township where the wastes are disposed of. Moneys from the fees	35227
levied under division (B) of this section shall be forwarded to	35228
the board of county commissioners or board of directors of the	35229
district in accordance with rules adopted under division (H) of	35230
this section. Moneys from the fees levied under division (C) of	35231
this section shall be forwarded to the treasurer or such other	35232
officer of the municipal corporation as, by virtue of the charter,	35233
has the duties of the treasurer or to the fiscal officer of the	35234
township, as appropriate, in accordance with those rules.	35235

(F) Moneys received by the treasurer or other officer of the	35236
municipal corporation under division (E) of this section shall be	35237
paid into the general fund of the municipal corporation. Moneys	35238
received by the fiscal officer of the township under that division	35239
shall be paid into the general fund of the township. The treasurer	35240
or other officer of the municipal corporation or the township	35241
fiscal officer, as appropriate, shall maintain separate records of	35242
the moneys received from the fees levied under division (C) of	35243
this section.	35244

(G) Moneys received by the board of county commissioners or	35245
board of directors under division (E) of this section or section	35246
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	35247
shall be paid to the county treasurer, or other official acting in	35248
a similar capacity under a county charter, in a county district or	35249
to the county treasurer or other official designated by the board	35250
of directors in a joint district and kept in a separate and	35251
distinct fund to the credit of the district. If a regional solid	35252
waste management authority has been formed under section 343.011	35253
of the Revised Code, moneys received by the board of trustees of	35254
that regional authority under division (E) of this section shall	35255
be kept by the board in a separate and distinct fund to the credit	35256
of the district. Moneys in the special fund of the county or joint	35257
district arising from the fees levied under division (B) of this	35258
section and the fee levied under division (A) of section 3734.573	35259
of the Revised Code shall be expended by the board of county	35260
commissioners or directors of the district in accordance with the	35261
district's solid waste management plan or amended plan approved	35262
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	35263
exclusively for the following purposes:	35264

(1) Preparation of the solid waste management plan of the	35265
district under section 3734.54 of the Revised Code, monitoring	35266
implementation of the plan, and conducting the periodic review and	35267
amendment of the plan required by section 3734.56 of the Revised	35268
Code by the solid waste management policy committee;	35269

(2) Implementation of the approved solid waste management	35270
plan or amended plan of the district, including, without	35271
limitation, the development and implementation of solid waste	35272
recycling or reduction programs;	35273

(3) Providing financial assistance to boards of health within	35274
the district, if solid waste facilities are located within the	35275
district, for enforcement of this chapter and rules, orders, and	35276
terms and conditions of permits, licenses, and variances adopted	35277
or issued under it, other than the hazardous waste provisions of	35278
this chapter and rules adopted and orders and terms and conditions	35279
of permits issued under those provisions;	35280

(4) Providing financial assistance to each county within the	35281
district to defray the added costs of maintaining roads and other	35282
public facilities and of providing emergency and other public	35283
services resulting from the location and operation of a solid	35284
waste facility within the county under the district's approved	35285
solid waste management plan or amended plan;	35286

(5) Pursuant to contracts entered into with boards of health	35287
within the district, if solid waste facilities contained in the	35288
district's approved plan or amended plan are located within the	35289
district, for paying the costs incurred by those boards of health	35290
for collecting and analyzing samples from public or private water	35291
wells on lands adjacent to those facilities;	35292

(6) Developing and implementing a program for the inspection	35293
of solid wastes generated outside the boundaries of this state	35294
that are disposed of at solid waste facilities included in the	35295
district's approved solid waste management plan or amended plan;	35296

(7) Providing financial assistance to boards of health within	35297
the district for the enforcement of section 3734.03 of the Revised	35298
Code or to local law enforcement agencies having jurisdiction	35299
within the district for enforcing anti-littering laws and	35300
ordinances;	35301

(8) Providing financial assistance to boards of health of	35302
health districts within the district that are on the approved list	35303
under section 3734.08 of the Revised Code to defray the costs to	35304
the health districts for the participation of their employees	35305
responsible for enforcement of the solid waste provisions of this	35306
chapter and rules adopted and orders and terms and conditions of	35307
permits, licenses, and variances issued under those provisions in	35308
the training and certification program as required by rules	35309
adopted under division (L) of section 3734.02 of the Revised Code;	35310

(9) Providing financial assistance to individual municipal	35311
corporations and townships within the district to defray their	35312
added costs of maintaining roads and other public facilities and	35313
of providing emergency and other public services resulting from	35314
the location and operation within their boundaries of a	35315
composting, energy or resource recovery, incineration, or	35316
recycling facility that either is owned by the district or is	35317
furnishing solid waste management facility or recycling services	35318
to the district pursuant to a contract or agreement with the board	35319
of county commissioners or directors of the district;	35320

(10) Payment of any expenses that are agreed to, awarded, or	35321
ordered to be paid under section 3734.35 of the Revised Code and	35322
of any administrative costs incurred pursuant to that section. In	35323
the case of a joint solid waste management district, if the board	35324
of county commissioners of one of the counties in the district is	35325
negotiating on behalf of affected communities, as defined in that	35326
section, in that county, the board shall obtain the approval of	35327
the board of directors of the district in order to expend moneys	35328
for administrative costs incurred.	35329

Prior to the approval of the district's solid waste	35330
management plan under section 3734.55 of the Revised Code, moneys	35331
in the special fund of the district arising from the fees shall be	35332
expended for those purposes in the manner prescribed by the solid	35333
waste management policy committee by resolution.	35334

Notwithstanding division (G)(6) of this section as it existed	35335
prior to October 29, 1993, or any provision in a district's solid	35336
waste management plan prepared in accordance with division	35337
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	35338
prior to that date, any moneys arising from the fees levied under	35339
division (B)(3) of this section prior to January 1, 1994, may be	35340
expended for any of the purposes authorized in divisions (G)(1) to	35341
(10) of this section.	35342

(H) The director shall adopt rules in accordance with Chapter	35343
119. of the Revised Code prescribing procedures for collecting and	35344
forwarding the fees levied under divisions (B) and (C) of this	35345
section to the boards of county commissioners or directors of	35346
county or joint solid waste management districts and to the	35347
treasurers or other officers of municipal corporations and the	35348
fiscal officers of townships. The rules also shall prescribe the	35349
dates for forwarding the fees to the boards and officials and may	35350
prescribe any other requirements the director considers necessary	35351
or appropriate to implement and administer divisions (A), (B), and	35352
(C) of this section.	35353

Sec. 3735.672. (A) On or before the thirty-first day of	35354
March each year, a legislative authority that has entered into an	35355
agreement with a party under section 3735.671 of the Revised Code	35356
shall submit to the director of development and the board of	35357
education of each school district of which a municipal corporation	35358
or township to which such an agreement applies is a part a report	35359
on all such agreements in effect during the preceding calendar	35360
year. The report shall include the following information:	35361

(1) The designation, assigned by the director of development,	35362
of each community reinvestment area within the municipal	35363
corporation or county, and the total population of each area	35364
according to the most recent data available;	35365

(2) The number of agreements and the number of full-time	35366
employees subject to those agreements within each area, each	35367
according to the most recent data available and identified and	35368
categorized by the appropriate standard industrial code, and the	35369
rate of unemployment in the municipal corporation or county in	35370
which the area is located for each year since the area was	35371
certified;	35372

(3) The number of agreements approved and executed during the	35373
calendar year for which the report is submitted, the total number	35374
of agreements in effect on the thirty-first day of December of the	35375
preceding calendar year, the number of agreements that expired	35376
during the calendar year for which the report is submitted, and	35377
the number of agreements scheduled to expire during the calendar	35378
year in which the report is submitted. For each agreement that	35379
expired during the calendar year for which the report is	35380
submitted, the legislative authority shall include the amount of	35381
taxes exempted under the agreement.	35382

(4) The number of agreements receiving compliance reviews by	35383
the tax incentive review council in the municipal corporation or	35384
county during the calendar year for which the report is submitted,	35385
including all of the following information:	35386

(a) The number of agreements the terms of which the party has	35387
complied with, indicating separately for each such agreement the	35388
value of the real property exempted pursuant to the agreement and	35389
a comparison of the stipulated and actual schedules for hiring new	35390
employees, for retaining existing employees, and for the amount of	35391
payroll of the party attributable to these employees;	35392

(b) The number of agreements the terms of which a party has	35393
failed to comply with, indicating separately for each such	35394
agreement the value of the real and personal property exempted	35395
pursuant to the agreement and a comparison of the stipulated and	35396
actual schedules for hiring new employees, for retaining existing	35397
employees, and for the amount of payroll of the enterprise	35398
attributable to these employees;	35399

(c) The number of agreements about which the tax incentive	35400
review council made recommendations to the legislative authority,	35401
and the number of such recommendations that have not been	35402
followed;	35403

(d) The number of agreements rescinded during the calendar	35404
year for which the report is submitted.	35405

(5) The number of parties subject to agreements that expanded	35406
within each area, including the number of new employees hired and	35407
existing employees retained by that party, and the number of new	35408
parties subject to agreements that established within each area,	35409
including the number of new employees hired by each party;	35410

(6) For each agreement in effect during any part of the	35411
preceding year, the number of employees employed by the party at	35412
the property that is the subject of the agreement immediately	35413
prior to formal approval of the agreement, the number of employees	35414
employed by the party at that property on the thirty-first day of	35415
December of the preceding year, the payroll of the party for the	35416
preceding year, the amount of taxes paid on real property that was	35417
exempted under the agreement, and the amount of such taxes that	35418
were not paid because of the exemption.	35419

(B) Upon the failure of a municipal corporation or county to	35420
comply with division (A) of this section:	35421

(1) Beginning on the first day of April of the calendar year	35422
in which the municipal corporation or county fails to comply with	35423
that division, the municipal corporation or county shall not enter	35424
into any agreements under section 3735.671 of the Revised Code	35425
until the municipal corporation or county has complied with	35426
division (A) of this section.	35427

(2) On the first day of each ensuing calendar month until the	35428
municipal corporation or county complies with that division, the	35429
director of development shall either order the proper county	35430
auditor to deduct from the next succeeding payment of taxes to the	35431
municipal corporation or county under section 321.31, 321.32,	35432
321.33, or 321.34 of the Revised Code an amount equal to five	35433
hundred dollars for each calendar month the municipal corporation	35434
or county fails to comply with that division, or order the county	35435
auditor to deduct such an amount from the next succeeding payment	35436
to the municipal corporation or county from the undivided local	35437
government fund under section 5747.51 of the Revised Code. At the	35438
time such a payment is made, the county auditor shall comply with	35439
the director's order by issuing a warrant, drawn on the fund from	35440
which such money would have been paid, to the director of	35441
development, who shall deposit the warrant into the state	35442
community reinvestment area program administration fund created in	35443
division (C) of this section.	35444

(C) The director, by rule, shall establish the state's	35445
application fee for applications submitted to a municipal	35446
corporation or county to enter into an agreement under section	35447
3735.671 of the Revised Code. In establishing the amount of the	35448
fee, the director shall consider the state's cost of administering	35449
the community reinvestment area program, including the cost of	35450
reviewing the reports required under division (A) of this section.	35451
The director may change the amount of the fee at such times and in	35452
such increments as hethe director considers necessary. Any	35453
municipal corporation or county that receives an application shall	35454
collect the application fee and remit the fee for deposit in the	35455
state treasury to the credit of the ~~state community reinvestment~~	35456
~~area program administration fund, which is hereby created. Money~~	35457
~~credited to the fund shall be used by the department of~~	35458
~~development to pay the costs of administering the community~~	35459
~~reinvestment area program, including the cost of reviewing the~~	35460
~~reports required under division (A) of this section~~tax incentive	35461
programs operating fund created in section 122.174 of the Revised	35462
Code.	35463

Sec. 3743.17. (A) The license of a wholesaler of fireworks	35464
is effective for one year beginning on the first day of December.	35465
The fire marshal shall issue or renew a license only on that date	35466
and at no other time. If a wholesaler of fireworks wishes to	35467
continue engaging in the wholesale sale of fireworks at the	35468
particular location after its then effective license expires, it	35469
shall apply not later than the first day of October for a new	35470
license pursuant to section 3743.15 of the Revised Code. The fire	35471
marshal shall send a written notice of the expiration of its	35472
license to a licensed wholesaler at least three months before the	35473
expiration date.	35474

(B) If, during the effective period of its licensure, a	35475
licensed wholesaler of fireworks wishes to perform any	35476
construction, or make any structural change or renovation, on the	35477
premises on which the fireworks are sold, the wholesaler shall	35478
notify the fire marshal in writing. The fire marshal may require a	35479
licensed wholesaler also to submit documentation, including, but	35480
not limited to, plans covering the proposed construction or	35481
structural change or renovation, if the fire marshal determines	35482
the documentation is necessary for evaluation purposes in light of	35483
the proposed construction or structural change or renovation.	35484

Upon receipt of the notification and additional documentation	35485
required by the fire marshal, the fire marshal shall inspect the	35486
premises on which the fireworks are sold to determine if the	35487
proposed construction or structural change or renovation conforms	35488
to sections 3743.15 to 3743.21 of the Revised Code and the rules	35489
adopted by the fire marshal pursuant to section 3743.18 of the	35490
Revised Code. The fire marshal shall issue a written authorization	35491
to the wholesaler for the construction or structural change or	35492
renovation if the fire marshal determines, upon the inspection and	35493
a review of submitted documentation, that the construction or	35494
structural change or renovation conforms to those sections and	35495
rules.	35496

(C) The license of a wholesaler of fireworks authorizes the	35497
wholesaler to engage only in the following activities:	35498

(1) Possess for sale at wholesale and sell at wholesale	35499
fireworks to persons who are licensed wholesalers of fireworks, to	35500
out-of-state residents in accordance with section 3743.44 of the	35501
Revised Code, to residents of this state in accordance with	35502
section 3743.45 of the Revised Code, or to persons located in	35503
another state provided the fireworks are shipped directly out of	35504
this state to them by the wholesaler. The possession for sale	35505
shall be at the location described in the application for	35506
licensure or in the notification submitted under division (B) of	35507
this section, and the sale shall be from the inside of a licensed	35508
building and from no structure or device outside a licensed	35509
building. At no time shall a licensed wholesaler sell any class of	35510
fireworks outside a licensed building.	35511

(2) Possess for sale at retail and sell at retail fireworks,	35512
other than 1.4G fireworks as designated by the fire marshal in	35513
rules adopted pursuant to division (A) of section 3743.05 of the	35514
Revised Code, to licensed exhibitors in accordance with sections	35515
3743.50 to 3743.55 of the Revised Code, and possess for sale at	35516
retail and sell at retail fireworks, including 1.4G fireworks, to	35517
out-of-state residents in accordance with section 3743.44 of the	35518
Revised Code, to residents of this state in accordance with	35519
section 3743.45 of the Revised Code, or to persons located in	35520
another state provided the fireworks are shipped directly out of	35521
this state to them by the wholesaler. The possession for sale	35522
shall be at the location described in the application for	35523
licensure or in the notification submitted under division (B) of	35524
this section, and the sale shall be from the inside of the	35525
licensed building and from no other structure or device outside	35526
this licensed building. At no time shall a licensed wholesaler	35527
sell any class of fireworks outside a licensed building.	35528

A licensed wholesaler of fireworks shall sell under division	35529
(C) of this section only fireworks that meet the standards set by	35530
the consumer product safety commission or by the American	35531
fireworks standard laboratories or that have received an EX number	35532
from the United States department of transportation.	35533

(D) The license of a wholesaler of fireworks shall be	35534
protected under glass and posted in a conspicuous place at the	35535
location described in the application for licensure or in the	35536
notification submitted under division (B) of this section. Except	35537
as otherwise provided in this section, the license is not	35538
transferable or assignable. A license may be transferred to	35539
another person for the same location for which the license was	35540
issued if the assets of the wholesaler are transferred to that	35541
person by inheritance or by a sale approved by the fire marshal.	35542
The license is subject to revocation in accordance with section	35543
3743.21 of the Revised Code.	35544

(E) The fire marshal shall adopt rules for the expansion or	35545
contraction of a licensed premises and for the approval of an	35546
expansion or contraction. The boundaries of a licensed premises,	35547
including any geographic expansion or contraction of those	35548
boundaries, shall be approved by the fire marshal in accordance	35549
with rules the fire marshal adopts. If the licensed premises of a	35550
licensed wholesaler from which the wholesaler operates consists of	35551
more than one parcel of real estate, those parcels must be	35552
contiguous, unless an exception is allowed pursuant to division	35553
(G) of this section.	35554

(F)(1) Upon application by a licensed wholesaler of	35555
fireworks, a wholesaler license may be transferred from one	35556
geographic location to another within the same municipal	35557
corporation or within the unincorporated area of the same	35558
township, but only if all of the following apply:	35559

(a) The identity of the holder of the license remains the	35560
same in the new location.	35561

(b) The former location is closed prior to the opening of the	35562
new location and no fireworks business of any kind is conducted at	35563
the former location after the transfer of the license.	35564

(c) The new location has received a local certificate of	35565
zoning compliance and a local certificate of occupancy, and	35566
otherwise is in compliance with all local building regulations.	35567

(d) ~~The transfer of the license is requested by the licensee~~	35568
~~because the existing facility poses an immediate hazard to the~~	35569
~~public.~~	35570

~~(e)~~ Every building or structure at the new location is	35571
separated from occupied residential and nonresidential buildings	35572
or structures, railroads, highways, or any other buildings or	35573
structures located on the licensed premises in accordance with the	35574
distances specified in the rules adopted by the fire marshal	35575
pursuant to section 3743.18 of the Revised Code. If the licensee	35576
fails to comply with the requirements of division (F)(1)(e) of	35577
this section by the licensee's own act, the license at the new	35578
location is forfeited.	35579

~~(f)~~(e) Neither the licensee nor any person holding, owning,	35580
or controlling a five per cent or greater beneficial or equity	35581
interest in the licensee has been convicted of or has pleaded	35582
guilty to a felony under the laws of this state, any other state,	35583
or the United States after June 30, 1997.	35584

~~(g)~~(f) The fire marshal approves the request for the	35585
transfer.	35586

(2) The new location shall comply with the requirements	35587
specified in divisions (A)(1) and (2) of section 3743.25 of the	35588
Revised Code whether or not the fireworks showroom at the new	35589
location is constructed, expanded, or first begins operating on	35590
and after June 30, 1997.	35591

(G)(1) A licensed wholesaler may expand its licensed premises	35592
within this state to include not more than two storage locations	35593
that are located upon one or more real estate parcels that are	35594
noncontiguous to the licensed premises as that licensed premises	35595
exists on the date a licensee submits an application as described	35596
below, if all of the following apply:	35597

(a) The licensee submits an application to the fire marshal	35598
requesting the expansion and an application fee of one hundred	35599
dollars per storage location for which the licensee is requesting	35600
approval.	35601

(b) The identity of the holder of the license remains the	35602
same at the storage location.	35603

(c) The storage location has received a valid certificate of	35604
zoning compliance, as applicable, and a valid certificate of	35605
occupancy for each building or structure at the storage location	35606
issued by the authority having jurisdiction to issue the	35607
certificate for the storage location, and those certificates	35608
permit the distribution and storage of fireworks regulated under	35609
this chapter at the storage location and in the buildings or	35610
structures. The storage location shall be in compliance with all	35611
other applicable federal, state, and local laws and regulations.	35612

(d) Every building or structure located upon the storage	35613
location is separated from occupied residential and nonresidential	35614
buildings or structures, railroads, highways, and any other	35615
buildings or structures on the licensed premises in accordance	35616
with the distances specified in the rules adopted by the fire	35617
marshal pursuant to section 3743.18 of the Revised Code.	35618

(e) Neither the licensee nor any person holding, owning, or	35619
controlling a five per cent or greater beneficial or equity	35620
interest in the licensee has been convicted of or pleaded guilty	35621
to a felony under the laws of this state, any other state, or the	35622
United States, after ~~the effective date of this amendment~~	35623
September 29, 2005.	35624

(f) The fire marshal approves the application for expansion.

35625

(2) The fire marshal shall approve an application for	35626
expansion requested under division (G)(1) of this section if the	35627
fire marshal receives the application fee and proof that the	35628
requirements of divisions (G)(1)(b) to (e) of this section are	35629
satisfied. The storage location shall be considered part of the	35630
original licensed premises and shall use the same distinct number	35631
assigned to the original licensed premises with any additional	35632
designations as the fire marshal deems necessary in accordance	35633
with section 3743.16 of the Revised Code.	35634

(H)(1) A licensee who obtains approval for use of a storage	35635
location in accordance with division (G) of this section shall use	35636
the site exclusively for the following activities, in accordance	35637
with division (C)(1) of this section:	35638

(a) Packaging, assembling, or storing fireworks, which shall	35639
occur only in buildings approved for such hazardous uses by the	35640
building code official having jurisdiction for the storage	35641
location and shall be in accordance with the rules adopted by the	35642
fire marshal under division (B)(4) of section 3743.18 of the	35643
Revised Code for the packaging, assembling, and storage of	35644
fireworks.	35645

(b) Distributing fireworks to other parcels of real estate	35646
located on the wholesaler's licensed premises, to licensed	35647
manufacturers or other licensed wholesalers in this state or to	35648
similarly licensed persons located in another state or country;	35649

(c) Distributing fireworks to a licensed exhibitor of	35650
fireworks pursuant to a properly issued permit in accordance with	35651
section 3743.54 of the Revised Code.	35652

(2) A licensed wholesaler shall not engage in any sales	35653
activity, including the retail sale of fireworks otherwise	35654
permitted under division (C)(2) of this section or pursuant to	35655
section 3743.44 or 3743.45 of the Revised Code, at a storage	35656
location approved under this section.	35657

(I) A licensee shall prohibit public access to all storage	35658
locations it uses. The fire marshal shall adopt rules establishing	35659
acceptable measures a wholesaler shall use to prohibit access to	35660
storage sites.	35661

(J) The fire marshal shall not place the license of a	35662
wholesaler of fireworks in temporarily inactive status while the	35663
holder of the license is attempting to qualify to retain the	35664
license.	35665

(K) Each licensed wholesaler of fireworks or a designee of	35666
the wholesaler, whose identity is provided to the fire marshal by	35667
the wholesaler, annually shall attend a continuing education	35668
program consisting of not less than eight hours of instruction.	35669
The fire marshal shall develop the program and the fire marshal or	35670
a person or public agency approved by the fire marshal shall	35671
conduct it. A licensed wholesaler or the wholesaler's designee who	35672
attends a program as required under this division, within one year	35673
after attending the program, shall conduct in-service training for	35674
other employees of the licensed wholesaler regarding the	35675
information obtained in the program. A licensed wholesaler shall	35676
provide the fire marshal with notice of the date, time, and place	35677
of all in-service training not less than thirty days prior to an	35678
in-service training event.	35679

(L) A licensed wholesaler shall maintain comprehensive	35680
general liability insurance coverage in the amount and type	35681
specified under division (B)(2) of section 3743.15 of the Revised	35682
Code at all times. Each policy of insurance required under this	35683
division shall contain a provision requiring the insurer to give	35684
not less than fifteen days' prior written notice to the fire	35685
marshal before termination, lapse, or cancellation of the policy,	35686
or any change in the policy that reduces the coverage below the	35687
minimum required under this division. Prior to canceling or	35688
reducing the amount of coverage of any comprehensive general	35689
liability insurance coverage required under this division, a	35690
licensed wholesaler shall secure supplemental insurance in an	35691
amount and type that satisfies the requirements of this division	35692
so that no lapse in coverage occurs at any time. A licensed	35693
wholesaler who secures supplemental insurance shall file evidence	35694
of the supplemental insurance with the fire marshal prior to	35695
canceling or reducing the amount of coverage of any comprehensive	35696
general liability insurance coverage required under this division.	35697

Sec. 3743.19. In addition to conforming to the rules of the	35698
fire marshal adopted pursuant to section 3743.18 of the Revised	35699
Code, licensed wholesalers of fireworks shall conduct their	35700
business operations in accordance with the following:	35701

(A) A wholesaler shall conduct its business operations from	35702
the location described in its application for licensure or in a	35703
notification submitted under division (B) of section 3743.17 of	35704
the Revised Code.	35705

(B) Signs indicating that smoking is generally forbidden and	35706
trespassing is prohibited on the premises of a wholesaler shall be	35707
posted on the premises as determined by the fire marshal.	35708

(C) Reasonable precautions shall be taken to protect the	35709
premises of a wholesaler from trespass, loss, theft, or	35710
destruction.	35711

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	35712
matches, lighters, other flame-producing items, or open flame on,	35713
or the carrying of a concealed source of ignition into, the	35714
premises of a wholesaler is prohibited, except that a wholesaler	35715
may permit smoking in specified lunchrooms or restrooms in	35716
buildings or other structures in which no sales, handling, or	35717
storage of fireworks takes place. "NO SMOKING" signs shall be	35718
posted on the premises as required by the fire marshal.	35719

(E) Fire and explosion prevention and other reasonable safety	35720
measures and precautions shall be implemented by a wholesaler.	35721

(F) Persons shall not be permitted to have in their	35722
possession or under their control, while they are on the premises	35723
of a wholesaler, any intoxicating liquor, beer, or controlled	35724
substance, and they shall not be permitted to enter or remain on	35725
the premises if they are found to be under the influence of any	35726
intoxicating liquor, beer, or controlled substance.	35727

(G) A wholesaler shall conform to all building, safety, and	35728
zoning statutes, ordinances, rules, or other enactments that apply	35729
to its premises.	35730

(H) Each building used in the sale of fireworks shall be kept	35731
open to the public for at least four hours each day between the	35732
hours of eight a.m. and five p.m., five days of each week, every	35733
week of the year. Upon application from a licensed wholesaler, the	35734
fire marshal may waive any of the requirements of this division.	35735

(I) Awnings, tents, or canopies shall not be used as	35736
facilities for the storage or sale of fireworks. This division	35737
does not prohibit the use of an awning or canopy attached to a	35738
public access showroom for storing nonflammable shopping	35739
convenience items such as shopping carts or baskets or providing a	35740
shaded area for patrons waiting to enter the public sales area.	35741

(J) Fireworks may be stored in trailers if the trailers are	35742
properly enclosed, secured, and grounded and are separated from	35743
any structure to which the public is admitted by a distance that	35744
will, in the fire marshal's judgment, allow fire-fighting	35745
equipment to have full access to the structures on the licensed	35746
premises. Such trailers may be moved into closer proximity to any	35747
structure only to accept or discharge cargo for a period not to	35748
exceed forty-eight hours. Only two such trailers may be placed in	35749
such closer proximity at any one time. At no time may trailers be	35750
used for conducting sales of any class of fireworks nor may	35751
members of the public have access to the trailers.	35752

Storage areas for fireworks that are in the same building	35753
where fireworks are displayed and sold to the public shall be	35754
separated from the areas to which the public has access by an	35755
appropriately rated fire barrier wall.	35756

(K) A fire suppression system as defined in section 3781.108	35757
of the Revised Code may be turned off only for repair, drainage of	35758
the system to prevent damage by freezing during the period of	35759
time, approved by the fire marshal under division (I) of this	35760
section, that the facility is closed to public access during	35761
winter months, or maintenance of the system. If any repair or	35762
maintenance is necessary during times when the facility is open	35763
for public access and business, the licensed wholesaler shall	35764
notify in advance the appropriate insurance company and fire chief	35765
or fire prevention officer regarding the nature of the maintenance	35766
or repair and the time when it will be performed.	35767

(L) If any fireworks item is removed from its original	35768
package or is manufactured with any fuse other than a fuse	35769
approved by the consumer product safety commission, then the item	35770
shall be covered completely by repackaging or bagging or it shall	35771
otherwise be covered so as to prevent ignition prior to sale.	35772

(M) A safety officer shall be present during regular business	35773
hours at a building open to the public during the period	35774
commencing fourteen days before, and ending two days after, each	35775
fourth day of July. The officer shall be highly visible, enforce	35776
this chapter and any applicable building codes to the extent the	35777
officer is authorized by law, and be one of the following:	35778

(1) A deputy sheriff;

35779

(2) A law enforcement officer of a municipal corporation,	35780
township, or township or joint township police district;	35781

(3) A private uniformed security guard registered under	35782
section 4749.06 of the Revised Code.	35783

(N) All doors of all buildings on the licensed premises shall	35784
swing outward.	35785

(O) All wholesale and commercial sales of fireworks shall be	35786
packaged, shipped, placarded, and transported in accordance with	35787
United States department of transportation regulations applicable	35788
to the transportation, and the offering for transportation, of	35789
hazardous materials. For purposes of this division, "wholesale and	35790
commercial sales" includes all sales for resale and any nonretail	35791
sale made in furtherance of a commercial enterprise. For purposes	35792
of enforcement of these regulations under section 4905.83 of the	35793
Revised Code, any sales transaction exceeding one thousand pounds	35794
shall be rebuttably presumed to be a wholesale or commercial sale.	35795

Sec. 3743.25. (A) A licensed manufacturer, wholesaler, or	35796
exhibitor shall bring fireworks showroom structures, to which the	35797
public may have any access and in which employees are required to	35798
work, on all licensed premises, into compliance with the following	35799
safety requirements:	35800

(1) AExcept as otherwise provided in division (A)(1) of this	35801
section, a fireworks showroom that is constructed or upon which	35802
expansion is undertaken on and after ~~the effective date of this~~	35803
~~section~~June 30, 1997, shall be equipped with interlinked fire	35804
detection, fire suppression, smoke exhaust, and smoke evacuation	35805
systems that are approved by the superintendent of the division of	35806
industrial compliance in the department of commerce. Division	35807
(A)(1) of this section does not apply if a licensee conducts sales	35808
only on the basis of defused representative samples in closed and	35809
covered displays within a fireworks showroom.	35810

(2) A fireworks showroom that first begins to operate on or	35811
after ~~the effective date of this section~~June 30, 1997, and to	35812
which the public has access for retail purposes shall not exceed	35813
five thousand square feet in floor area.	35814

(3) A fireworks showroom structure that exists on ~~the~~	35815
~~effective date of this section~~June 30, 1997, but that, on or	35816
after ~~the effective date of this section~~June 30, 1997, is altered	35817
or added to in a manner requiring the submission of plans,	35818
drawings, specifications, or data pursuant to section 3791.04 of	35819
the Revised Code, shall comply with a graphic floor plan layout	35820
that is approved by the fire marshal and superintendent of the	35821
division of industrial compliance showing width of aisles,	35822
parallel arrangement of aisles to exits, number of exits per wall,	35823
maximum occupancy load, evacuation plan for occupants, height of	35824
storage or display of merchandise, and other information as may be	35825
required by the fire marshal and superintendent.	35826

(4)(a) Except as provided in division (A)(4)(b) of this	35827
section, a fireworks showroom structure that exists on ~~the~~	35828
~~effective date of this section~~June 30, 1997, shall be retrofitted	35829
on or before June 1, 1998, with interlinked fire detection, smoke	35830
exhaust, and smoke evacuation systems that are approved by the	35831
superintendent of the division of industrial compliance.	35832

(b) If meeting the retrofitting requirements set forth in	35833
division (A)(4)(a) of this section would constitute an extreme	35834
financial hardship that would force a licensee to terminate	35835
business operations or if a licensee voluntarily so elects, the	35836
licensee shall conduct sales only on the basis of ~~de-fused~~defused	35837
representative samples in closed and covered displays within the	35838
fireworks showroom, in which case division (A)(1) of this section	35839
does not apply.	35840

(5) A fireworks showroom structure that exists on ~~the~~	35841
~~effective date of this section~~June 30, 1997, shall be in	35842
compliance on or before June 1, 1998, with floor plans showing	35843
occupancy load limits and internal circulation and egress patterns	35844
that are approved by the fire marshal and superintendent of	35845
industrial compliance, and that are submitted under seal as	35846
required by section 3791.04 of the Revised Code.	35847

(B) The safety requirements established in division (A) of	35848
this section are not subject to any variance, waiver, or exclusion	35849
pursuant to this chapter or any applicable building code.	35850

Sec. 3743.75. (A) During the period beginning on June 29,	35851
2001, and ending on December 15, ~~2008~~2011, the state fire marshal	35852
shall not do any of the following:	35853

(1) Issue a license as a manufacturer of fireworks under	35854
sections 3743.02 and 3743.03 of the Revised Code to a person for a	35855
particular fireworks plant unless that person possessed such a	35856
license for that fireworks plant immediately prior to June 29,	35857
2001;	35858

(2) Issue a license as a wholesaler of fireworks under	35859
sections 3743.15 and 3743.16 of the Revised Code to a person for a	35860
particular location unless that person possessed such a license	35861
for that location immediately prior to June 29, 2001;	35862

(3) Except as provided in division (B) of this section,	35863
approve the geographic transfer of a license as a manufacturer or	35864
wholesaler of fireworks issued under this chapter to any location	35865
other than a location for which a license was issued under this	35866
chapter immediately prior to June 29, 2001.	35867

(B) Division (A)(3) of this section does not apply to a	35868
transfer that the state fire marshal approves under division (F)	35869
of section 3743.17 of the Revised Code.	35870

(C) Notwithstanding section 3743.59 of the Revised Code, the	35871
prohibited activities established in divisions (A)(1) and (2) of	35872
this section, geographic transfers approved pursuant to division	35873
(F) of section 3743.17 of the Revised Code, and storage locations	35874
allowed pursuant to division (I) of section 3743.04 of the Revised	35875
Code or division (G) of section 3743.17 of the Revised Code are	35876
not subject to any variance, waiver, or exclusion.	35877

(D) As used in division (A) of this section:

35878

(1) "Person" includes any person or entity, in whatever form	35879
or name, that acquires possession of a manufacturer or wholesaler	35880
of fireworks license issued pursuant to this chapter by transfer	35881
of possession of a license, whether that transfer occurs by	35882
purchase, assignment, inheritance, bequest, stock transfer, or any	35883
other type of transfer, on the condition that the transfer is in	35884
accordance with division (D) of section 3743.04 of the Revised	35885
Code or division (D) of section 3743.17 of the Revised Code and is	35886
approved by the fire marshal.	35887

(2) "Particular location" includes a licensed premises and,	35888
regardless of when approved, any storage location approved in	35889
accordance with section 3743.04 or 3743.17 of the Revised Code.	35890

(3) "Such a license" includes a wholesaler of fireworks	35891
license that was issued in place of a manufacturer of fireworks	35892
license that existed prior to June 29, 2001, and was requested to	35893
be canceled by the license holder pursuant to division (D) of	35894
section 3743.03 of the Revised Code.	35895

Sec. 3745.04. (A) As used in this section, "any person" means	35896
any individual, any partnership, corporation, association, or	35897
other legal entity, or any political subdivision, instrumentality,	35898
or agency of a state, whether or not the individual or legal	35899
entity is an applicant for or holder of a license, permit, or	35900
variance from the environmental protection agency, and includes	35901
any department, agency, or instrumentality of the federal	35902
government that is an applicant for or holder of a license,	35903
permit, or variance from the environmental protection agency.	35904

As used in this section, "action" or "act" includes the	35905
adoption, modification, or repeal of a rule or standard, the	35906
issuance, modification, or revocation of any lawful order other	35907
than an emergency order, and the issuance, denial, modification,	35908
or revocation of a license, permit, lease, variance, or	35909
certificate, or the approval or disapproval of plans and	35910
specifications pursuant to law or rules adopted thereunder.	35911

(B) Any person who was a party to a proceeding before the	35912
director of environmental protection may participate in an appeal	35913
to the environmental review appeals commission for an order	35914
vacating or modifying the action of the director or a local board	35915
of health, or ordering the director or board of health to perform	35916
an act. The environmental review appeals commission has exclusive	35917
original jurisdiction over any matter that may, under this	35918
section, be brought before it. However, the director has and	35919
retains jurisdiction to modify, amend, revise, renew, or revoke, a	35920
permit, rule, order, or other action that is already the subject	35921
of an appeal to the commission, provided that if a party to that	35922
appeal does not concur with the director's modification,	35923
amendment, revision, renewal, or revocation, the party shall be	35924
deemed to have appealed the modification, amendment, revision,	35925
renewal, or revocation upon providing notification to the	35926
commission of the party's objection. Notwithstanding any other	35927
provision in this section, such a party does not need to do either	35928
of the following:	35929

(1) File a new notice of appeal of the modification,	35930
amendment, revision, renewal, or revocation;	35931

(2) Pay any additional filing fee to the commission.

35932

~~The~~A person so appealing to the commission shall be known as	35933
appellant, and the director and any party to a proceeding	35934
substantially supporting the finding from which the appeal is	35935
taken shall be known as appellee, except that when an appeal	35936
involves a license to operate a disposal site or facility, the	35937
local board of health or the director of environmental protection,	35938
and any party to a proceeding substantially supporting the finding	35939
from which the appeal is taken, shall, as appropriate, be known as	35940
the appellee. Appellant and appellee shall be deemed to be parties	35941
to the appeal.	35942

(C) The director may appeal an action of a local board of	35943
health conducted under Chapter 3714. or 3734. of the Revised Code	35944
to the environmental review appeals commission for an order	35945
vacating or modifying the action of the board or may appeal to the	35946
commission for an order requiring the local board of health to	35947
perform an act.	35948

(D) An appeal shall be in writing and shall set forth the	35949
action complained of and the grounds upon which the appeal is	35950
based.	35951

The appeal shall be filed with the commission within thirty	35952
days after notice of the action. Notice of the filing of the	35953
appeal shall be filed with the appellee within three days after	35954
the appeal is filed with the commission.	35955

The appeal shall be accompanied by a filing fee of seventy	35956
dollars, which the commission, in its discretion, may reduce if by	35957
affidavit the appellant demonstrates that payment of the full	35958
amount of the fee would cause extreme hardship.	35959

Within seven days after receipt of the notice of an appeal	35960
filed under division (B) of this section, the director or local	35961
board of health, as applicable, shall prepare and certify to the	35962
commission a record of the proceedings out of which the appeal	35963
arises, including all documents and correspondence, and a	35964
transcript of all testimony.	35965

Upon the filing of an appeal, the commission shall fix the	35966
time and place at which the hearing on the appeal will be held.	35967
The commission shall give the appellant and the appellee at least	35968
ten days' written notice thereof by certified mail. The commission	35969
shall hold the hearing within thirty days after the notice of	35970
appeal is filed. The commission may postpone or continue any	35971
hearing upon its own motion or upon application of the appellant	35972
or of the appellee.	35973

The filing of an appeal does not automatically suspend or	35974
stay execution of the action appealed from. Upon application by	35975
the appellant, the commission may suspend or stay the execution	35976
pending immediate determination of the appeal without interruption	35977
by continuances, other than for unavoidable circumstances.	35978

(E) As used in this section and sections 3745.05 and 3745.06	35979
of the Revised Code, "director of environmental protection" and	35980
"director" are deemed to include the director of agriculture and	35981
"environmental protection agency" is deemed to include the	35982
department of agriculture with respect to actions that are	35983
appealable to the commission under Chapter 903. of the Revised	35984
Code.	35985

Sec. 3745.11. (A) Applicants for and holders of permits,	35986
licenses, variances, plan approvals, and certifications issued by	35987
the director of environmental protection pursuant to Chapters	35988
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	35989
to the environmental protection agency for each such issuance and	35990
each application for an issuance as provided by this section. No	35991
fee shall be charged for any issuance for which no application has	35992
been submitted to the director.	35993

(B) Each person who is issued a permit to install prior to	35994
July 1, 2003, pursuant to rules adopted under division (F) of	35995
section 3704.03 of the Revised Code shall pay the fees specified	35996
in the following schedules:	35997

(1) Fuel-burning equipment (boilers)

35998

Input capacity (maximum)					35999
(million British thermal units per hour)		Permit to install			36000

Greater than 0, but less than 10	$ 200	36001
10 or more, but less than 100	400	36002
100 or more, but less than 300	800	36003
300 or more, but less than 500	1500	36004
500 or more, but less than 1000	2500	36005
1000 or more, but less than 5000	4000	36006
5000 or more	6000	36007

Units burning exclusively natural gas, number two fuel oil,	36008
or both shall be assessed a fee that is one-half of the applicable	36009
amount established in division (F)(1) of this section.	36010

(2) Incinerators

36011

Input capacity (pounds per hour)

Permit to install

36012

0 to 100	$ 100	36013
101 to 500	400	36014
501 to 2000	750	36015
2001 to 20,000	1000	36016
more than 20,000	2500	36017

(3)(a) Process

36018

Process weight rate (pounds per hour)

Permit to install

36019

0 to 1000	$ 200	36020
1001 to 5000	400	36021
5001 to 10,000	600	36022
10,001 to 50,000	800	36023
more than 50,000	1000	36024

In any process where process weight rate cannot be	36025
ascertained, the minimum fee shall be assessed.	36026

(b) Notwithstanding division (B)(3)(a) of this section, any	36027
person issued a permit to install pursuant to rules adopted under	36028
division (F) of section 3704.03 of the Revised Code shall pay the	36029
fees established in division (B)(3)(c) of this section for a	36030
process used in any of the following industries, as identified by	36031
the applicable four-digit standard industrial classification code	36032
according to the Standard Industrial Classification Manual	36033
published by the United States office of management and budget in	36034
the executive office of the president, 1972, as revised:	36035

1211 Bituminous coal and lignite mining;

36036

1213 Bituminous coal and lignite mining services;

36037

1411 Dimension stone;

36038

1422 Crushed and broken limestone;

36039

1427 Crushed and broken stone, not elsewhere classified;

36040

1442 Construction sand and gravel;

36041

1446 Industrial sand;

36042

3281 Cut stone and stone products;

36043

3295 Minerals and earth, ground or otherwise treated.

36044

(c) The fees established in the following schedule apply to	36045
the issuance of a permit to install pursuant to rules adopted	36046
under division (F) of section 3704.03 of the Revised Code for a	36047
process listed in division (B)(3)(b) of this section:	36048

Process weight rate (pounds per hour)

Permit to install

36049

0 to 1000	$ 200	36050
10,001 to 50,000	300	36051
50,001 to 100,000	400	36052
100,001 to 200,000	500	36053
200,001 to 400,000	600	36054
400,001 or more	700	36055

(4) Storage tanks

36056

Gallons (maximum useful capacity)

Permit to install

36057

0 to 20,000	$ 100	36058
20,001 to 40,000	150	36059
40,001 to 100,000	200	36060
100,001 to 250,000	250	36061
250,001 to 500,000	350	36062
500,001 to 1,000,000	500	36063
1,000,001 or greater	750	36064

(5) Gasoline/fuel dispensing facilities

36065

For each gasoline/fuel dispensing		Permit to install			36066
facility		$ 100			36067

(6) Dry cleaning facilities

36068

For each dry cleaning facility		Permit to install			36069
(includes all units at the facility)		$ 100			36070

(7) Registration status

36071

For each source covered		Permit to install			36072
by registration status		$ 75			36073

(C)(1) Except as otherwise provided in division (C)(2) of	36074
this section, beginning July 1, 1994, each person who owns or	36075
operates an air contaminant source and who is required to apply	36076
for and obtain a Title V permit under section 3704.036 of the	36077
Revised Code shall pay the fees set forth in division (C)(1) of	36078
this section. For the purposes of that division, total emissions	36079
of air contaminants may be calculated using engineering	36080
calculations, emissions factors, material balance calculations, or	36081
performance testing procedures, as authorized by the director.	36082

The following fees shall be assessed on the total actual	36083
emissions from a source in tons per year of the regulated	36084
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	36085
organic compounds, and lead:	36086

(a) Fifteen dollars per ton on the total actual emissions of	36087
each such regulated pollutant during the period July through	36088
December 1993, to be collected no sooner than July 1, 1994;	36089

(b) Twenty dollars per ton on the total actual emissions of	36090
each such regulated pollutant during calendar year 1994, to be	36091
collected no sooner than April 15, 1995;	36092

(c) Twenty-five dollars per ton on the total actual emissions	36093
of each such regulated pollutant in calendar year 1995, and each	36094
subsequent calendar year, to be collected no sooner than the	36095
fifteenth day of April of the year next succeeding the calendar	36096
year in which the emissions occurred.	36097

The fees levied under division (C)(1) of this section do not	36098
apply to that portion of the emissions of a regulated pollutant at	36099
a facility that exceed four thousand tons during a calendar year.	36100

(2) The fees assessed under division (C)(1) of this section	36101
are for the purpose of providing funding for the Title V permit	36102
program.	36103

(3) The fees assessed under division (C)(1) of this section	36104
do not apply to emissions from any electric generating unit	36105
designated as a Phase I unit under Title IV of the federal Clean	36106
Air Act prior to calendar year 2000. Those fees shall be assessed	36107
on the emissions from such a generating unit commencing in	36108
calendar year 2001 based upon the total actual emissions from the	36109
generating unit during calendar year 2000 and shall continue to be	36110
assessed each subsequent calendar year based on the total actual	36111
emissions from the generating unit during the preceding calendar	36112
year.	36113

(4) The director shall issue invoices to owners or operators	36114
of air contaminant sources who are required to pay a fee assessed	36115
under division (C) or (D) of this section. Any such invoice shall	36116
be issued no sooner than the applicable date when the fee first	36117
may be collected in a year under the applicable division, shall	36118
identify the nature and amount of the fee assessed, and shall	36119
indicate that the fee is required to be paid within thirty days	36120
after the issuance of the invoice.	36121

(D)(1) Except as provided in division (D)(3) of this section,	36122
from January 1, 1994, through December 31, 2003, each person who	36123
owns or operates an air contaminant source; who is required to	36124
apply for a permit to operate pursuant to rules adopted under	36125
division (G), or a variance pursuant to division (H), of section	36126
3704.03 of the Revised Code; and who is not required to apply for	36127
and obtain a Title V permit under section 3704.036 of the Revised	36128
Code shall pay a single fee based upon the sum of the actual	36129
annual emissions from the facility of the regulated pollutants	36130
particulate matter, sulfur dioxide, nitrogen oxides, organic	36131
compounds, and lead in accordance with the following schedule:	36132

Total tons per year		36133
of regulated pollutants	Annual fee	36134
emitted	per facility	36135
More than 0, but less than 50	$ 75	36136
50 or more, but less than 100	300	36137
100 or more	700	36138

(2) Except as provided in division (D)(3) of this section,	36139
beginning January 1, 2004, each person who owns or operates an air	36140
contaminant source; who is required to apply for a permit to	36141
operate pursuant to rules adopted under division (G), or a	36142
variance pursuant to division (H), of section 3704.03 of the	36143
Revised Code; and who is not required to apply for and obtain a	36144
Title V permit under section 3704.03 of the Revised Code shall pay	36145
a single fee based upon the sum of the actual annual emissions	36146
from the facility of the regulated pollutants particulate matter,	36147
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	36148
accordance with the following schedule:	36149

Total tons per year		36150
of regulated pollutants	Annual fee	36151
emitted	per facility	36152
More than 0, but less than 10	$ 100	36153
10 or more, but less than 50	200	36154
50 or more, but less than 100	300	36155
100 or more	700	36156

(3)(a) As used in division (D) of this section, "synthetic	36157
minor facility" means a facility for which one or more permits to	36158
install or permits to operate have been issued for the air	36159
contaminant sources at the facility that include terms and	36160
conditions that lower the facility's potential to emit air	36161
contaminants below the major source thresholds established in	36162
rules adopted under section 3704.036 of the Revised Code.	36163

(b) Beginning January 1, 2000, through June 30, ~~2008~~2010,	36164
each person who owns or operates a synthetic minor facility shall	36165
pay an annual fee based on the sum of the actual annual emissions	36166
from the facility of particulate matter, sulfur dioxide, nitrogen	36167
dioxide, organic compounds, and lead in accordance with the	36168
following schedule:	36169

Combined total tons		36170
per year of all regulated	Annual fee	36171
pollutants emitted	per facility	36172

Less than 10	$ 170	36173
10 or more, but less than 20	340	36174
20 or more, but less than 30	670	36175
30 or more, but less than 40	1,010	36176
40 or more, but less than 50	1,340	36177
50 or more, but less than 60	1,680	36178
60 or more, but less than 70	2,010	36179
70 or more, but less than 80	2,350	36180
80 or more, but less than 90	2,680	36181
90 or more, but less than 100	3,020	36182
100 or more	3,350	36183

(4) The fees assessed under division (D)(1) of this section	36184
shall be collected annually no sooner than the fifteenth day of	36185
April, commencing in 1995. The fees assessed under division	36186
(D)(2) of this section shall be collected annually no sooner than	36187
the fifteenth day of April, commencing in 2005. The fees assessed	36188
under division (D)(3) of this section shall be collected no sooner	36189
than the fifteenth day of April, commencing in 2000. The fees	36190
assessed under division (D) of this section in a calendar year	36191
shall be based upon the sum of the actual emissions of those	36192
regulated pollutants during the preceding calendar year. For the	36193
purpose of division (D) of this section, emissions of air	36194
contaminants may be calculated using engineering calculations,	36195
emission factors, material balance calculations, or performance	36196
testing procedures, as authorized by the director. The director,	36197
by rule, may require persons who are required to pay the fees	36198
assessed under division (D) of this section to pay those fees	36199
biennially rather than annually.	36200

(E)(1) Consistent with the need to cover the reasonable costs	36201
of the Title V permit program, the director annually shall	36202
increase the fees prescribed in division (C)(1) of this section by	36203
the percentage, if any, by which the consumer price index for the	36204
most recent calendar year ending before the beginning of a year	36205
exceeds the consumer price index for calendar year 1989. Upon	36206
calculating an increase in fees authorized by division (E)(1) of	36207
this section, the director shall compile revised fee schedules for	36208
the purposes of division (C)(1) of this section and shall make the	36209
revised schedules available to persons required to pay the fees	36210
assessed under that division and to the public.	36211

(2) For the purposes of division (E)(1) of this section:

36212

(a) The consumer price index for any year is the average of	36213
the consumer price index for all urban consumers published by the	36214
United States department of labor as of the close of the	36215
twelve-month period ending on the thirty-first day of August of	36216
that year.	36217

(b) If the 1989 consumer price index is revised, the director	36218
shall use the revision of the consumer price index that is most	36219
consistent with that for calendar year 1989.	36220

(F) Each person who is issued a permit to install pursuant to	36221
rules adopted under division (F) of section 3704.03 of the Revised	36222
Code on or after July 1, 2003, shall pay the fees specified in the	36223
following schedules:	36224

(1) Fuel-burning equipment (boilers, furnaces, or process	36225
heaters used in the process of burning fuel for the primary	36226
purpose of producing heat or power by indirect heat transfer)	36227

Input capacity (maximum)		36228
(million British thermal units per hour)	Permit to install	36229
Greater than 0, but less than 10	$ 200	36230
10 or more, but less than 100	400	36231
100 or more, but less than 300	1000	36232
300 or more, but less than 500	2250	36233
500 or more, but less than 1000	3750	36234
1000 or more, but less than 5000	6000	36235
5000 or more	9000	36236

Units burning exclusively natural gas, number two fuel oil,	36237
or both shall be assessed a fee that is one-half the applicable	36238
amount shown in division (F)(1) of this section.	36239

(2) Combustion turbines and stationary internal combustion	36240
engines designed to generate electricity	36241

Generating capacity (mega watts)	Permit to install	36242
0 or more, but less than 10	$ 25	36243
10 or more, but less than 25	150	36244
25 or more, but less than 50	300	36245
50 or more, but less than 100	500	36246
100 or more, but less than 250	1000	36247
250 or more	2000	36248

(3) Incinerators

36249

Input capacity (pounds per hour)	Permit to install	36250
0 to 100	$ 100	36251
101 to 500	500	36252
501 to 2000	1000	36253
2001 to 20,000	1500	36254
more than 20,000	3750	36255

(4)(a) Process

36256

Process weight rate (pounds per hour)	Permit to install	36257
0 to 1000	$ 200	36258
1001 to 5000	500	36259
5001 to 10,000	750	36260
10,001 to 50,000	1000	36261
more than 50,000	1250	36262

In any process where process weight rate cannot be	36263
ascertained, the minimum fee shall be assessed. A boiler, furnace,	36264
combustion turbine, stationary internal combustion engine, or	36265
process heater designed to provide direct heat or power to a	36266
process not designed to generate electricity shall be assessed a	36267
fee established in division (F)(4)(a) of this section. A	36268
combustion turbine or stationary internal combustion engine	36269
designed to generate electricity shall be assessed a fee	36270
established in division (F)(2) of this section.	36271

(b) Notwithstanding division (F)(4)(a) of this section, any	36272
person issued a permit to install pursuant to rules adopted under	36273
division (F) of section 3704.03 of the Revised Code shall pay the	36274
fees set forth in division (F)(4)(c) of this section for a process	36275
used in any of the following industries, as identified by the	36276
applicable two-digit, three-digit, or four-digit standard	36277
industrial classification code according to the Standard	36278
Industrial Classification Manual published by the United States	36279
office of management and budget in the executive office of the	36280
president, 1987, as revised:	36281

Major group 10, metal mining;

36282

Major group 12, coal mining;

36283

Major group 14, mining and quarrying of nonmetallic minerals;

36284

Industry group 204, grain mill products;

36285

2873 Nitrogen fertilizers;

36286

2874 Phosphatic fertilizers;

36287

3281 Cut stone and stone products;

36288

3295 Minerals and earth, ground or otherwise treated;

36289

4221 Grain elevators (storage only);

36290

5159 Farm related raw materials;

36291

5261 Retail nurseries and lawn and garden supply stores.

36292

(c) The fees set forth in the following schedule apply to the	36293
issuance of a permit to install pursuant to rules adopted under	36294
division (F) of section 3704.03 of the Revised Code for a process	36295
identified in division (F)(4)(b) of this section:	36296

Process weight rate (pounds per hour)	Permit to install	36297
0 to 10,000	$ 200	36298
10,001 to 50,000	400	36299
50,001 to 100,000	500	36300
100,001 to 200,000	600	36301
200,001 to 400,000	750	36302
400,001 or more	900	36303

(5) Storage tanks

36304

Gallons (maximum useful capacity)	Permit to install	36305
0 to 20,000	$ 100	36306
20,001 to 40,000	150	36307
40,001 to 100,000	250	36308
100,001 to 500,000	400	36309
500,001 or greater	750	36310

(6) Gasoline/fuel dispensing facilities

36311

For each gasoline/fuel		36312
dispensing facility (includes all	Permit to install	36313
units at the facility)	$ 100	36314

(7) Dry cleaning facilities

36315

For each dry cleaning		36316
facility (includes all units	Permit to install	36317
at the facility)	$ 100	36318

(8) Registration status

36319

For each source covered			Permit to install			36320
by registration status			$ 75			36321

(G) An owner or operator who is responsible for an asbestos	36322
demolition or renovation project pursuant to rules adopted under	36323
section 3704.03 of the Revised Code shall pay the fees set forth	36324
in the following schedule:	36325

Action	Fee	36326
Each notification	$75	36327
Asbestos removal	$3/unit	36328
Asbestos cleanup	$4/cubic yard	36329

For purposes of this division, "unit" means any combination of	36330
linear feet or square feet equal to fifty.	36331

(H) A person who is issued an extension of time for a permit	36332
to install an air contaminant source pursuant to rules adopted	36333
under division (F) of section 3704.03 of the Revised Code shall	36334
pay a fee equal to one-half the fee originally assessed for the	36335
permit to install under this section, except that the fee for such	36336
an extension shall not exceed two hundred dollars.	36337

(I) A person who is issued a modification to a permit to	36338
install an air contaminant source pursuant to rules adopted under	36339
section 3704.03 of the Revised Code shall pay a fee equal to	36340
one-half of the fee that would be assessed under this section to	36341
obtain a permit to install the source. The fee assessed by this	36342
division only applies to modifications that are initiated by the	36343
owner or operator of the source and shall not exceed two thousand	36344
dollars.	36345

(J) Notwithstanding division (B) or (F) of this section, a	36346
person who applies for or obtains a permit to install pursuant to	36347
rules adopted under division (F) of section 3704.03 of the Revised	36348
Code after the date actual construction of the source began shall	36349
pay a fee for the permit to install that is equal to twice the fee	36350
that otherwise would be assessed under the applicable division	36351
unless the applicant received authorization to begin construction	36352
under division (W) of section 3704.03 of the Revised Code. This	36353
division only applies to sources for which actual construction of	36354
the source begins on or after July 1, 1993. The imposition or	36355
payment of the fee established in this division does not preclude	36356
the director from taking any administrative or judicial	36357
enforcement action under this chapter, Chapter 3704., 3714.,	36358
3734., or 6111. of the Revised Code, or a rule adopted under any	36359
of them, in connection with a violation of rules adopted under	36360
division (F) of section 3704.03 of the Revised Code.	36361

As used in this division, "actual construction of the source"	36362
means the initiation of physical on-site construction activities	36363
in connection with improvements to the source that are permanent	36364
in nature, including, without limitation, the installation of	36365
building supports and foundations and the laying of underground	36366
pipework.	36367

(K) Fifty cents per ton of each fee assessed under division	36368
(C) of this section on actual emissions from a source and received	36369
by the environmental protection agency pursuant to that division	36370
shall be deposited into the state treasury to the credit of the	36371
small business assistance fund created in section 3706.19 of the	36372
Revised Code. The remainder of the moneys received by the division	36373
pursuant to that division and moneys received by the agency	36374
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	36375
section shall be deposited in the state treasury to the credit of	36376
the clean air fund created in section 3704.035 of the Revised	36377
Code.	36378

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	36379
or (c) of this section, a person issued a water discharge permit	36380
or renewal of a water discharge permit pursuant to Chapter 6111.	36381
of the Revised Code shall pay a fee based on each point source to	36382
which the issuance is applicable in accordance with the following	36383
schedule:	36384

Design flow discharge (gallons per day)	Fee	36385
0 to 1000	$ 0	36386
1,001 to 5000	100	36387
5,001 to 50,000	200	36388
50,001 to 100,000	300	36389
100,001 to 300,000	525	36390
over 300,000	750	36391

(b) Notwithstanding the fee schedule specified in division	36392
(L)(1)(a) of this section, the fee for a water discharge permit	36393
that is applicable to coal mining operations regulated under	36394
Chapter 1513. of the Revised Code shall be two hundred fifty	36395
dollars per mine.	36396

(c) Notwithstanding the fee schedule specified in division	36397
(L)(1)(a) of this section, the fee for a water discharge permit	36398
for a public discharger identified by I in the third character of	36399
the permittee's NPDES permit number shall not exceed seven hundred	36400
fifty dollars.	36401

(2) A person applying for a plan approval for a wastewater	36402
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	36403
of the Revised Code shall pay a fee of one hundred dollars plus	36404
sixty-five one-hundredths of one per cent of the estimated project	36405
cost through June 30, ~~2008~~2010, and one hundred dollars plus	36406
two-tenths of one per cent of the estimated project cost on and	36407
after July 1, ~~2008~~2010, except that the total fee shall not	36408
exceed fifteen thousand dollars through June 30, ~~2008~~2010, and	36409
five thousand dollars on and after July 1, ~~2008~~2010. The fee	36410
shall be paid at the time the application is submitted.	36411

(3) A person issued a modification of a water discharge	36412
permit shall pay a fee equal to one-half the fee that otherwise	36413
would be charged for a water discharge permit, except that the fee	36414
for the modification shall not exceed four hundred dollars.	36415

(4) A person who has entered into an agreement with the	36416
director under section 6111.14 of the Revised Code shall pay an	36417
administrative service fee for each plan submitted under that	36418
section for approval that shall not exceed the minimum amount	36419
necessary to pay administrative costs directly attributable to	36420
processing plan approvals. The director annually shall calculate	36421
the fee and shall notify all persons who have entered into	36422
agreements under that section, or who have applied for agreements,	36423
of the amount of the fee.	36424

(5)(a)(i) Not later than January 30, ~~2006~~2008, and January	36425
30, ~~2007~~2009, a person holding an NPDES discharge permit issued	36426
pursuant to Chapter 6111. of the Revised Code with an average	36427
daily discharge flow of five thousand gallons or more shall pay a	36428
nonrefundable annual discharge fee. Any person who fails to pay	36429
the fee at that time shall pay an additional amount that equals	36430
ten per cent of the required annual discharge fee.	36431

(ii) The billing year for the annual discharge fee	36432
established in division (L)(5)(a)(i) of this section shall consist	36433
of a twelve-month period beginning on the first day of January of	36434
the year preceding the date when the annual discharge fee is due.	36435
In the case of an existing source that permanently ceases to	36436
discharge during a billing year, the director shall reduce the	36437
annual discharge fee, including the surcharge applicable to	36438
certain industrial facilities pursuant to division (L)(5)(c) of	36439
this section, by one-twelfth for each full month during the	36440
billing year that the source was not discharging, but only if the	36441
person holding the NPDES discharge permit for the source notifies	36442
the director in writing, not later than the first day of October	36443
of the billing year, of the circumstances causing the cessation of	36444
discharge.	36445

(iii) The annual discharge fee established in division	36446
(L)(5)(a)(i) of this section, except for the surcharge applicable	36447
to certain industrial facilities pursuant to division (L)(5)(c) of	36448
this section, shall be based upon the average daily discharge flow	36449
in gallons per day calculated using first day of May through	36450
thirty-first day of October flow data for the period two years	36451
prior to the date on which the fee is due. In the case of NPDES	36452
discharge permits for new sources, the fee shall be calculated	36453
using the average daily design flow of the facility until actual	36454
average daily discharge flow values are available for the time	36455
period specified in division (L)(5)(a)(iii) of this section. The	36456
annual discharge fee may be prorated for a new source as described	36457
in division (L)(5)(a)(ii) of this section.	36458

(b) An NPDES permit holder that is a public discharger shall	36459
pay the fee specified in the following schedule:	36460

Average daily	Fee due by	36461
discharge flow	January 30,	36462
	~~2006~~ 2008, and	36463
	January 30, ~~2007~~ 2009	36464

5,000 to 49,999	$ 200	36465
50,000 to 100,000	500	36466
100,001 to 250,000	1,050	36467
250,001 to 1,000,000	2,600	36468
1,000,001 to 5,000,000	5,200	36469
5,000,001 to 10,000,000	10,350	36470
10,000,001 to 20,000,000	15,550	36471
20,000,001 to 50,000,000	25,900	36472
50,000,001 to 100,000,000	41,400	36473
100,000,001 or more	62,100	36474

Public dischargers owning or operating two or more publicly	36475
owned treatment works serving the same political subdivision, as	36476
"treatment works" is defined in section 6111.01 of the Revised	36477
Code, and that serve exclusively political subdivisions having a	36478
population of fewer than one hundred thousand shall pay an annual	36479
discharge fee under division (L)(5)(b) of this section that is	36480
based on the combined average daily discharge flow of the	36481
treatment works.	36482

(c) An NPDES permit holder that is an industrial discharger,	36483
other than a coal mining operator identified by P in the third	36484
character of the permittee's NPDES permit number, shall pay the	36485
fee specified in the following schedule:	36486

Average daily	Fee due by	36487
discharge flow	January 30,	36488
	~~2006~~ 2008, and	36489
	January 30, ~~2007~~ 2009	36490

5,000 to 49,999	$ 250	36491
50,000 to 250,000	1,200	36492
250,001 to 1,000,000	2,950	36493
1,000,001 to 5,000,000	5,850	36494
5,000,001 to 10,000,000	8,800	36495
10,000,001 to 20,000,000	11,700	36496
20,000,001 to 100,000,000	14,050	36497
100,000,001 to 250,000,000	16,400	36498
250,000,001 or more	18,700	36499

In addition to the fee specified in the above schedule, an	36500
NPDES permit holder that is an industrial discharger classified as	36501
a major discharger during all or part of the annual discharge fee	36502
billing year specified in division (L)(5)(a)(ii) of this section	36503
shall pay a nonrefundable annual surcharge of seven thousand five	36504
hundred dollars not later than January 30, ~~2006~~2008, and not	36505
later than January 30, ~~2007~~2009. Any person who fails to pay the	36506
surcharge at that time shall pay an additional amount that equals	36507
ten per cent of the amount of the surcharge.	36508

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	36509
section, a public discharger identified by I in the third	36510
character of the permittee's NPDES permit number and an industrial	36511
discharger identified by I, J, L, V, W, X, Y, or Z in the third	36512
character of the permittee's NPDES permit number shall pay a	36513
nonrefundable annual discharge fee of one hundred eighty dollars	36514
not later than January 30, ~~2006~~2008, and not later than January	36515
30, ~~2007~~2009. Any person who fails to pay the fee at that time	36516
shall pay an additional amount that equals ten per cent of the	36517
required fee.	36518

(6) Each person obtaining a national pollutant discharge	36519
elimination system general or individual permit for municipal	36520
storm water discharge shall pay a nonrefundable storm water	36521
discharge fee of one hundred dollars per square mile of area	36522
permitted. The fee shall not exceed ten thousand dollars and shall	36523
be payable on or before January 30, 2004, and the thirtieth day of	36524
January of each year thereafter. Any person who fails to pay the	36525
fee on the date specified in division (L)(6) of this section shall	36526
pay an additional amount per year equal to ten per cent of the	36527
annual fee that is unpaid.	36528

(7) The director shall transmit all moneys collected under	36529
division (L) of this section to the treasurer of state for deposit	36530
into the state treasury to the credit of the surface water	36531
protection fund created in section 6111.038 of the Revised Code.	36532

(8) As used in division (L) of this section:

36533

(a) "NPDES" means the federally approved national pollutant	36534
discharge elimination system program for issuing, modifying,	36535
revoking, reissuing, terminating, monitoring, and enforcing	36536
permits and imposing and enforcing pretreatment requirements under	36537
Chapter 6111. of the Revised Code and rules adopted under it.	36538

(b) "Public discharger" means any holder of an NPDES permit	36539
identified by P in the second character of the NPDES permit number	36540
assigned by the director.	36541

(c) "Industrial discharger" means any holder of an NPDES	36542
permit identified by I in the second character of the NPDES permit	36543
number assigned by the director.	36544

(d) "Major discharger" means any holder of an NPDES permit	36545
classified as major by the regional administrator of the United	36546
States environmental protection agency in conjunction with the	36547
director.	36548

(M) Through June 30, ~~2008~~2010, a person applying for a	36549
license or license renewal to operate a public water system under	36550
section 6109.21 of the Revised Code shall pay the appropriate fee	36551
established under this division at the time of application to the	36552
director. Any person who fails to pay the fee at that time shall	36553
pay an additional amount that equals ten per cent of the required	36554
fee. The director shall transmit all moneys collected under this	36555
division to the treasurer of state for deposit into the drinking	36556
water protection fund created in section 6109.30 of the Revised	36557
Code.	36558

Except as provided in division (M)(4) of this section, fees	36559
required under this division shall be calculated and paid in	36560
accordance with the following schedule:	36561

(1) For the initial license required under division (A)(1) of	36562
section 6109.21 of the Revised Code for any public water system	36563
that is a community water system as defined in section 6109.01 of	36564
the Revised Code, and for each license renewal required for such a	36565
system prior to January 31, ~~2008~~2010, the fee is:	36566

Number of service connections		Fee amount	36567
	Not more than 49	$ 112	36568
	50 to 99	176	36569

Number of service connections		Average cost per connection	36570
	100 to 2,499	$ 1.92	36571
	2,500 to 4,999	1.48	36572
	5,000 to 7,499	1.42	36573
	7,500 to 9,999	1.34	36574
	10,000 to 14,999	1.16	36575
	15,000 to 24,999	1.10	36576
	25,000 to 49,999	1.04	36577
	50,000 to 99,999	.92	36578
	100,000 to 149,999	.86	36579
	150,000 to 199,999	.80	36580
	200,000 or more	.76	36581

A public water system may determine how it will pay the total	36582
amount of the fee calculated under division (M)(1) of this	36583
section, including the assessment of additional user fees that may	36584
be assessed on a volumetric basis.	36585

As used in division (M)(1) of this section, "service	36586
connection" means the number of active or inactive pipes,	36587
goosenecks, pigtails, and any other fittings connecting a water	36588
main to any building outlet.	36589

(2) For the initial license required under division (A)(2) of	36590
section 6109.21 of the Revised Code for any public water system	36591
that is not a community water system and serves a nontransient	36592
population, and for each license renewal required for such a	36593
system prior to January 31, ~~2008~~2010, the fee is:	36594

Population served	Fee amount	36595
Fewer than 150	$ 112	36596
150 to 299	176	36597
300 to 749	384	36598
750 to 1,499	628	36599
1,500 to 2,999	1,268	36600
3,000 to 7,499	2,816	36601
7,500 to 14,999	5,510	36602
15,000 to 22,499	9,048	36603
22,500 to 29,999	12,430	36604
30,000 or more	16,820	36605

As used in division (M)(2) of this section, "population	36606
served" means the total number of individuals receiving water from	36607
the water supply during a twenty-four-hour period for at least	36608
sixty days during any calendar year. In the absence of a specific	36609
population count, that number shall be calculated at the rate of	36610
three individuals per service connection.	36611

(3) For the initial license required under division (A)(3) of	36612
section 6109.21 of the Revised Code for any public water system	36613
that is not a community water system and serves a transient	36614
population, and for each license renewal required for such a	36615
system prior to January 31, ~~2008~~2010, the fee is:	36616

Number of wells supplying system		Fee amount	36617
	1	$112	36618
	2	112	36619
	3	176	36620
	4	278	36621
	5	568	36622
	System designated as using a		36623
	surface water source	792	36624

As used in division (M)(3) of this section, "number of wells	36625
supplying system" means those wells that are physically connected	36626
to the plumbing system serving the public water system.	36627

(4) A public water system designated as using a surface water	36628
source shall pay a fee of seven hundred ninety-two dollars or the	36629
amount calculated under division (M)(1) or (2) of this section,	36630
whichever is greater.	36631

(N)(1) A person applying for a plan approval for a public	36632
water supply system under section 6109.07 of the Revised Code	36633
shall pay a fee of one hundred fifty dollars plus thirty-five	36634
hundredths of one per cent of the estimated project cost, except	36635
that the total fee shall not exceed twenty thousand dollars	36636
through June 30, ~~2008~~2010, and fifteen thousand dollars on and	36637
after July 1, ~~2008~~2010. The fee shall be paid at the time the	36638
application is submitted.	36639

(2) A person who has entered into an agreement with the	36640
director under division (A)(2) of section 6109.07 of the Revised	36641
Code shall pay an administrative service fee for each plan	36642
submitted under that section for approval that shall not exceed	36643
the minimum amount necessary to pay administrative costs directly	36644
attributable to processing plan approvals. The director annually	36645
shall calculate the fee and shall notify all persons that have	36646
entered into agreements under that division, or who have applied	36647
for agreements, of the amount of the fee.	36648

(3) Through June 30, ~~2008~~2010, the following fee, on a per	36649
survey basis, shall be charged any person for services rendered by	36650
the state in the evaluation of laboratories and laboratory	36651
personnel for compliance with accepted analytical techniques and	36652
procedures established pursuant to Chapter 6109. of the Revised	36653
Code for determining the qualitative characteristics of water:	36654

microbiological			36655
	MMO-MUG	$2,000	36656
	MF	2,100	36657
	MMO-MUG and MF	2,550	36658
organic chemical		5,400	36659
trace metals		5,400	36660
standard chemistry		2,800	36661
limited chemistry		1,550	36662

On and after July 1, ~~2008~~2010, the following fee, on a per	36663
survey basis, shall be charged any such person:	36664

microbiological	$ 1,650	36665
organic chemicals	3,500	36666
trace metals	3,500	36667
standard chemistry	1,800	36668
limited chemistry	1,000	36669

The fee for those services shall be paid at the time the request	36670
for the survey is made. Through June 30, ~~2008~~ 2010, an individual	36671
laboratory shall not be assessed a fee under this division more	36672
than once in any three-year period unless the person requests the	36673
addition of analytical methods or analysts, in which case the	36674
person shall pay eighteen hundred dollars for each additional	36675
survey requested.	36676

As used in division (N)(3) of this section:

36677

(a) "MF" means microfiltration.

36678

(b) "MMO" means minimal medium ONPG.

36679

36680

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

36681

The director shall transmit all moneys collected under this	36682
division to the treasurer of state for deposit into the drinking	36683
water protection fund created in section 6109.30 of the Revised	36684
Code.	36685

(O) Any person applying to the director for examination for	36686
certification as an operator of a water supply system or	36687
wastewater system under Chapter 6109. or 6111. of the Revised	36688
Code, at the time the application is submitted, shall pay an	36689
application fee of forty-five dollars through November 30, ~~2008~~	36690
2010, and twenty-five dollars on and after December 1, ~~2008~~2010.	36691
Upon approval from the director that the applicant is eligible to	36692
take the examination therefor, the applicant shall pay a fee in	36693
accordance with the following schedule through November 30, ~~2008~~	36694
2010:	36695

Class A operator	$35	36696
Class I operator	60	36697
Class II operator	75	36698
Class III operator	85	36699
Class IV operator	100	36700

On and after December 1, ~~2008~~2010, the applicant shall pay a	36701
fee in accordance with the following schedule:	36702

Class A operator	$25	36703
Class I operator	$45	36704
Class II operator	55	36705
Class III operator	65	36706
Class IV operator	75	36707

A person shall pay a biennial certification renewal fee for	36708
each applicable class of certification in accordance with the	36709
following schedule:	36710

Class A operator	$25	36711
Class I operator	35	36712
Class II operator	45	36713
Class III operator	55	36714
Class IV operator	65	36715

If a certification renewal fee is received by the director	36716
more than thirty days, but not more than one year after the	36717
expiration date of the certification, the person shall pay a	36718
certification renewal fee in accordance with the following	36719
schedule:	36720

Class A operator	$45	36721
Class I operator	55	36722
Class II operator	65	36723
Class III operator	75	36724
Class IV operator	85	36725

A person who requests a replacement certificate shall pay a	36726
fee of twenty-five dollars at the time the request is made.	36727

The director shall transmit all moneys collected under this	36728
division to the treasurer of state for deposit into the drinking	36729
water protection fund created in section 6109.30 of the Revised	36730
Code.	36731

(P) Any person submitting an application for an industrial	36732
water pollution control certificate under section 6111.31 of the	36733
Revised Code, as that section existed before its repeal by H.B. 95	36734
of the 125th general assembly, shall pay a nonrefundable fee of	36735
five hundred dollars at the time the application is submitted. The	36736
director shall transmit all moneys collected under this division	36737
to the treasurer of state for deposit into the surface water	36738
protection fund created in section 6111.038 of the Revised Code. A	36739
person paying a certificate fee under this division shall not pay	36740
an application fee under division (S)(1) of this section. On and	36741
after June 26, 2003, persons shall file such applications and pay	36742
the fee as required under sections 5709.20 to 5709.27 of the	36743
Revised Code, and proceeds from the fee shall be credited as	36744
provided in section 5709.212 of the Revised Code.	36745

(Q) Except as otherwise provided in division (R) of this	36746
section, a person issued a permit by the director for a new solid	36747
waste disposal facility other than an incineration or composting	36748
facility, a new infectious waste treatment facility other than an	36749
incineration facility, or a modification of such an existing	36750
facility that includes an increase in the total disposal or	36751
treatment capacity of the facility pursuant to Chapter 3734. of	36752
the Revised Code shall pay a fee of ten dollars per thousand cubic	36753
yards of disposal or treatment capacity, or one thousand dollars,	36754
whichever is greater, except that the total fee for any such	36755
permit shall not exceed eighty thousand dollars. A person issued a	36756
modification of a permit for a solid waste disposal facility or an	36757
infectious waste treatment facility that does not involve an	36758
increase in the total disposal or treatment capacity of the	36759
facility shall pay a fee of one thousand dollars. A person issued	36760
a permit to install a new, or modify an existing, solid waste	36761
transfer facility under that chapter shall pay a fee of two	36762
thousand five hundred dollars. A person issued a permit to install	36763
a new or to modify an existing solid waste incineration or	36764
composting facility, or an existing infectious waste treatment	36765
facility using incineration as its principal method of treatment,	36766
under that chapter shall pay a fee of one thousand dollars. The	36767
increases in the permit fees under this division resulting from	36768
the amendments made by Amended Substitute House Bill 592 of the	36769
117th general assembly do not apply to any person who submitted an	36770
application for a permit to install a new, or modify an existing,	36771
solid waste disposal facility under that chapter prior to	36772
September 1, 1987; any such person shall pay the permit fee	36773
established in this division as it existed prior to June 24, 1988.	36774
In addition to the applicable permit fee under this division, a	36775
person issued a permit to install or modify a solid waste facility	36776
or an infectious waste treatment facility under that chapter who	36777
fails to pay the permit fee to the director in compliance with	36778
division (V) of this section shall pay an additional ten per cent	36779
of the amount of the fee for each week that the permit fee is	36780
late.	36781

Permit and late payment fees paid to the director under this	36782
division shall be credited to the general revenue fund.	36783

(R)(1) A person issued a registration certificate for a scrap	36784
tire collection facility under section 3734.75 of the Revised Code	36785
shall pay a fee of two hundred dollars, except that if the	36786
facility is owned or operated by a motor vehicle salvage dealer	36787
licensed under Chapter 4738. of the Revised Code, the person shall	36788
pay a fee of twenty-five dollars.	36789

(2) A person issued a registration certificate for a new	36790
scrap tire storage facility under section 3734.76 of the Revised	36791
Code shall pay a fee of three hundred dollars, except that if the	36792
facility is owned or operated by a motor vehicle salvage dealer	36793
licensed under Chapter 4738. of the Revised Code, the person shall	36794
pay a fee of twenty-five dollars.	36795

(3) A person issued a permit for a scrap tire storage	36796
facility under section 3734.76 of the Revised Code shall pay a fee	36797
of one thousand dollars, except that if the facility is owned or	36798
operated by a motor vehicle salvage dealer licensed under Chapter	36799
4738. of the Revised Code, the person shall pay a fee of fifty	36800
dollars.	36801

(4) A person issued a permit for a scrap tire monocell or	36802
monofill facility under section 3734.77 of the Revised Code shall	36803
pay a fee of ten dollars per thousand cubic yards of disposal	36804
capacity or one thousand dollars, whichever is greater, except	36805
that the total fee for any such permit shall not exceed eighty	36806
thousand dollars.	36807

(5) A person issued a registration certificate for a scrap	36808
tire recovery facility under section 3734.78 of the Revised Code	36809
shall pay a fee of one hundred dollars.	36810

(6) A person issued a permit for a scrap tire recovery	36811
facility under section 3734.78 of the Revised Code shall pay a fee	36812
of one thousand dollars.	36813

(7) In addition to the applicable registration certificate or	36814
permit fee under divisions (R)(1) to (6) of this section, a person	36815
issued a registration certificate or permit for any such scrap	36816
tire facility who fails to pay the registration certificate or	36817
permit fee to the director in compliance with division (V) of this	36818
section shall pay an additional ten per cent of the amount of the	36819
fee for each week that the fee is late.	36820

(8) The registration certificate, permit, and late payment	36821
fees paid to the director under divisions (R)(1) to (7) of this	36822
section shall be credited to the scrap tire management fund	36823
created in section 3734.82 of the Revised Code.	36824

(S)(1) Except as provided by divisions (L), (M), (N), (O),	36825
(P), and (S)(2) of this section, division (A)(2) of section	36826
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	36827
and rules adopted under division (T)(1) of this section, any	36828
person applying for a registration certificate under section	36829
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	36830
variance, or plan approval under Chapter 3734. of the Revised Code	36831
shall pay a nonrefundable fee of fifteen dollars at the time the	36832
application is submitted.	36833

Except as otherwise provided, any person applying for a	36834
permit, variance, or plan approval under Chapter 6109. or 6111. of	36835
the Revised Code shall pay a nonrefundable fee of one hundred	36836
dollars at the time the application is submitted through June 30,	36837
~~2008~~2010, and a nonrefundable fee of fifteen dollars at the time	36838
the application is submitted on and after July 1, ~~2008~~2010.	36839
Through June 30, ~~2008~~2010, any person applying for a national	36840
pollutant discharge elimination system permit under Chapter 6111.	36841
of the Revised Code shall pay a nonrefundable fee of two hundred	36842
dollars at the time of application for the permit. On and after	36843
July 1, ~~2008~~2010, such a person shall pay a nonrefundable fee of	36844
fifteen dollars at the time of application.	36845

In addition to the application fee established under division	36846
(S)(1) of this section, any person applying for a national	36847
pollutant discharge elimination system general storm water	36848
construction permit shall pay a nonrefundable fee of twenty	36849
dollars per acre for each acre that is permitted above five acres	36850
at the time the application is submitted. However, the per acreage	36851
fee shall not exceed three hundred dollars. In addition, any	36852
person applying for a national pollutant discharge elimination	36853
system general storm water industrial permit shall pay a	36854
nonrefundable fee of one hundred fifty dollars at the time the	36855
application is submitted.	36856

The director shall transmit all moneys collected under	36857
division (S)(1) of this section pursuant to Chapter 6109. of the	36858
Revised Code to the treasurer of state for deposit into the	36859
drinking water protection fund created in section 6109.30 of the	36860
Revised Code.	36861

The director shall transmit all moneys collected under	36862
division (S)(1) of this section pursuant to Chapter 6111. of the	36863
Revised Code to the treasurer of state for deposit into the	36864
surface water protection fund created in section 6111.038 of the	36865
Revised Code.	36866

If a registration certificate is issued under section	36867
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	36868
the application fee paid shall be deducted from the amount of the	36869
registration certificate fee due under division (R)(1), (2), or	36870
(5) of this section, as applicable.	36871

If a person submits an electronic application for a	36872
registration certificate, permit, variance, or plan approval for	36873
which an application fee is established under division (S)(1) of	36874
this section, the person shall pay the applicable application fee	36875
as expeditiously as possible after the submission of the	36876
electronic application. An application for a registration	36877
certificate, permit, variance, or plan approval for which an	36878
application fee is established under division (S)(1) of this	36879
section shall not be reviewed or processed until the applicable	36880
application fee, and any other fees established under this	36881
division, are paid.	36882

(2) Division (S)(1) of this section does not apply to an	36883
application for a registration certificate for a scrap tire	36884
collection or storage facility submitted under section 3734.75 or	36885
3734.76 of the Revised Code, as applicable, if the owner or	36886
operator of the facility or proposed facility is a motor vehicle	36887
salvage dealer licensed under Chapter 4738. of the Revised Code.	36888

(T) The director may adopt, amend, and rescind rules in	36889
accordance with Chapter 119. of the Revised Code that do all of	36890
the following:	36891

(1) Prescribe fees to be paid by applicants for and holders	36892
of any license, permit, variance, plan approval, or certification	36893
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	36894
the Revised Code that are not specifically established in this	36895
section. The fees shall be designed to defray the cost of	36896
processing, issuing, revoking, modifying, denying, and enforcing	36897
the licenses, permits, variances, plan approvals, and	36898
certifications.	36899

The director shall transmit all moneys collected under rules	36900
adopted under division (T)(1) of this section pursuant to Chapter	36901
6109. of the Revised Code to the treasurer of state for deposit	36902
into the drinking water protection fund created in section 6109.30	36903
of the Revised Code.	36904

The director shall transmit all moneys collected under rules	36905
adopted under division (T)(1) of this section pursuant to Chapter	36906
6111. of the Revised Code to the treasurer of state for deposit	36907
into the surface water protection fund created in section 6111.038	36908
of the Revised Code.	36909

(2) Exempt the state and political subdivisions thereof,	36910
including education facilities or medical facilities owned by the	36911
state or a political subdivision, or any person exempted from	36912
taxation by section 5709.07 or 5709.12 of the Revised Code, from	36913
any fee required by this section;	36914

(3) Provide for the waiver of any fee, or any part thereof,	36915
otherwise required by this section whenever the director	36916
determines that the imposition of the fee would constitute an	36917
unreasonable cost of doing business for any applicant, class of	36918
applicants, or other person subject to the fee;	36919

(4) Prescribe measures that the director considers necessary	36920
to carry out this section.	36921

(U) When the director reasonably demonstrates that the direct	36922
cost to the state associated with the issuance of a permit to	36923
install, license, variance, plan approval, or certification	36924
exceeds the fee for the issuance or review specified by this	36925
section, the director may condition the issuance or review on the	36926
payment by the person receiving the issuance or review of, in	36927
addition to the fee specified by this section, the amount, or any	36928
portion thereof, in excess of the fee specified under this	36929
section. The director shall not so condition issuances for which	36930
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	36931
section.	36932

(V) Except as provided in divisions (L), (M), and (P) of this	36933
section or unless otherwise prescribed by a rule of the director	36934
adopted pursuant to Chapter 119. of the Revised Code, all fees	36935
required by this section are payable within thirty days after the	36936
issuance of an invoice for the fee by the director or the	36937
effective date of the issuance of the license, permit, variance,	36938
plan approval, or certification. If payment is late, the person	36939
responsible for payment of the fee shall pay an additional ten per	36940
cent of the amount due for each month that it is late.	36941

(W) As used in this section, "fuel-burning equipment,"	36942
"fuel-burning equipment input capacity," "incinerator,"	36943
"incinerator input capacity," "process," "process weight rate,"	36944
"storage tank," "gasoline dispensing facility," "dry cleaning	36945
facility," "design flow discharge," and "new source treatment	36946
works" have the meanings ascribed to those terms by applicable	36947
rules or standards adopted by the director under Chapter 3704. or	36948
6111. of the Revised Code.	36949

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	36950
and (J) of this section, and in any other provision of this	36951
section pertaining to fees paid pursuant to Chapter 3704. of the	36952
Revised Code:	36953

(1) "Facility," "federal Clean Air Act," "person," and "Title	36954
V permit" have the same meanings as in section 3704.01 of the	36955
Revised Code.	36956

(2) "Title V permit program" means the following activities	36957
as necessary to meet the requirements of Title V of the federal	36958
Clean Air Act and 40 C.F.R. part 70, including at least:	36959

(a) Preparing and adopting, if applicable, generally	36960
applicable rules or guidance regarding the permit program or its	36961
implementation or enforcement;	36962

(b) Reviewing and acting on any application for a Title V	36963
permit, permit revision, or permit renewal, including the	36964
development of an applicable requirement as part of the processing	36965
of a permit, permit revision, or permit renewal;	36966

(c) Administering the permit program, including the	36967
supporting and tracking of permit applications, compliance	36968
certification, and related data entry;	36969

(d) Determining which sources are subject to the program and	36970
implementing and enforcing the terms of any Title V permit, not	36971
including any court actions or other formal enforcement actions;	36972

(e) Emission and ambient monitoring;

36973

(f) Modeling, analyses, or demonstrations;

36974

(g) Preparing inventories and tracking emissions;

36975

(h) Providing direct and indirect support to small business	36976
stationary sources to determine and meet their obligations under	36977
the federal Clean Air Act pursuant to the small business	36978
stationary source technical and environmental compliance	36979
assistance program required by section 507 of that act and	36980
established in sections 3704.18, 3704.19, and 3706.19 of the	36981
Revised Code.	36982

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	36983
of this section, each sewage sludge facility shall pay a	36984
nonrefundable annual sludge fee equal to three dollars and fifty	36985
cents per dry ton of sewage sludge, including the dry tons of	36986
sewage sludge in materials derived from sewage sludge, that the	36987
sewage sludge facility treats or disposes of in this state. The	36988
annual volume of sewage sludge treated or disposed of by a sewage	36989
sludge facility shall be calculated using the first day of January	36990
through the thirty-first day of December of the calendar year	36991
preceding the date on which payment of the fee is due.	36992

(2)(a) Except as provided in division (Y)(2)(d) of this	36993
section, each sewage sludge facility shall pay a minimum annual	36994
sewage sludge fee of one hundred dollars.	36995

(b) The annual sludge fee required to be paid by a sewage	36996
sludge facility that treats or disposes of exceptional quality	36997
sludge in this state shall be thirty-five per cent less per dry	36998
ton of exceptional quality sludge than the fee assessed under	36999
division (Y)(1) of this section, subject to the following	37000
exceptions:	37001

(i) Except as provided in division (Y)(2)(d) of this section,	37002
a sewage sludge facility that treats or disposes of exceptional	37003
quality sludge shall pay a minimum annual sewage sludge fee of one	37004
hundred dollars.	37005

(ii) A sewage sludge facility that treats or disposes of	37006
exceptional quality sludge shall not be required to pay the annual	37007
sludge fee for treatment or disposal in this state of exceptional	37008
quality sludge generated outside of this state and contained in	37009
bags or other containers not greater than one hundred pounds in	37010
capacity.	37011

A thirty-five per cent reduction for exceptional quality	37012
sludge applies to the maximum annual fees established under	37013
division (Y)(3) of this section.	37014

(c) A sewage sludge facility that transfers sewage sludge to	37015
another sewage sludge facility in this state for further treatment	37016
prior to disposal in this state shall not be required to pay the	37017
annual sludge fee for the tons of sewage sludge that have been	37018
transferred. In such a case, the sewage sludge facility that	37019
disposes of the sewage sludge shall pay the annual sludge fee.	37020
However, the facility transferring the sewage sludge shall pay the	37021
one-hundred-dollar minimum fee required under division (Y)(2)(a)	37022
of this section.	37023

In the case of a sewage sludge facility that treats sewage	37024
sludge in this state and transfers it out of this state to another	37025
entity for disposal, the sewage sludge facility in this state	37026
shall be required to pay the annual sludge fee for the tons of	37027
sewage sludge that have been transferred.	37028

(d) A sewage sludge facility that generates sewage sludge	37029
resulting from an average daily discharge flow of less than five	37030
thousand gallons per day is not subject to the fees assessed under	37031
division (Y) of this section.	37032

(3) No sewage sludge facility required to pay the annual	37033
sludge fee shall be required to pay more than the maximum annual	37034
fee for each disposal method that the sewage sludge facility uses.	37035
The maximum annual fee does not include the additional amount that	37036
may be charged under division (Y)(5) of this section for late	37037
payment of the annual sludge fee. The maximum annual fee for the	37038
following methods of disposal of sewage sludge is as follows:	37039

(a) Incineration: five thousand dollars;

37040

(b) Preexisting land reclamation project or disposal in a	37041
landfill: five thousand dollars;	37042

(c) Land application, land reclamation, surface disposal, or	37043
any other disposal method not specified in division (Y)(3)(a) or	37044
(b) of this section: twenty thousand dollars.	37045

(4)(a) In the case of an entity that generates sewage sludge	37046
or a sewage sludge facility that treats sewage sludge and	37047
transfers the sewage sludge to an incineration facility for	37048
disposal, the incineration facility, and not the entity generating	37049
the sewage sludge or the sewage sludge facility treating the	37050
sewage sludge, shall pay the annual sludge fee for the tons of	37051
sewage sludge that are transferred. However, the entity or	37052
facility generating or treating the sewage sludge shall pay the	37053
one-hundred-dollar minimum fee required under division (Y)(2)(a)	37054
of this section.	37055

(b) In the case of an entity that generates sewage sludge and	37056
transfers the sewage sludge to a landfill for disposal or to a	37057
sewage sludge facility for land reclamation or surface disposal,	37058
the entity generating the sewage sludge, and not the landfill or	37059
sewage sludge facility, shall pay the annual sludge fee for the	37060
tons of sewage sludge that are transferred.	37061

(5) Not later than the first day of April of the calendar	37062
year following March 17, 2000, and each first day of April	37063
thereafter, the director shall issue invoices to persons who are	37064
required to pay the annual sludge fee. The invoice shall identify	37065
the nature and amount of the annual sludge fee assessed and state	37066
the first day of May as the deadline for receipt by the director	37067
of objections regarding the amount of the fee and the first day of	37068
July as the deadline for payment of the fee.	37069

Not later than the first day of May following receipt of an	37070
invoice, a person required to pay the annual sludge fee may submit	37071
objections to the director concerning the accuracy of information	37072
regarding the number of dry tons of sewage sludge used to	37073
calculate the amount of the annual sludge fee or regarding whether	37074
the sewage sludge qualifies for the exceptional quality sludge	37075
discount established in division (Y)(2)(b) of this section. The	37076
director may consider the objections and adjust the amount of the	37077
fee to ensure that it is accurate.	37078

If the director does not adjust the amount of the annual	37079
sludge fee in response to a person's objections, the person may	37080
appeal the director's determination in accordance with Chapter	37081
119. of the Revised Code.	37082

Not later than the first day of June, the director shall	37083
notify the objecting person regarding whether the director has	37084
found the objections to be valid and the reasons for the finding.	37085
If the director finds the objections to be valid and adjusts the	37086
amount of the annual sludge fee accordingly, the director shall	37087
issue with the notification a new invoice to the person	37088
identifying the amount of the annual sludge fee assessed and	37089
stating the first day of July as the deadline for payment.	37090

Not later than the first day of July, any person who is	37091
required to do so shall pay the annual sludge fee. Any person who	37092
is required to pay the fee, but who fails to do so on or before	37093
that date shall pay an additional amount that equals ten per cent	37094
of the required annual sludge fee.	37095

(6) The director shall transmit all moneys collected under	37096
division (Y) of this section to the treasurer of state for deposit	37097
into the surface water protection fund created in section 6111.038	37098
of the Revised Code. The moneys shall be used to defray the costs	37099
of administering and enforcing provisions in Chapter 6111. of the	37100
Revised Code and rules adopted under it that govern the use,	37101
storage, treatment, or disposal of sewage sludge.	37102

(7) Beginning in fiscal year 2001, and every two years	37103
thereafter, the director shall review the total amount of moneys	37104
generated by the annual sludge fees to determine if that amount	37105
exceeded six hundred thousand dollars in either of the two	37106
preceding fiscal years. If the total amount of moneys in the fund	37107
exceeded six hundred thousand dollars in either fiscal year, the	37108
director, after review of the fee structure and consultation with	37109
affected persons, shall issue an order reducing the amount of the	37110
fees levied under division (Y) of this section so that the	37111
estimated amount of moneys resulting from the fees will not exceed	37112
six hundred thousand dollars in any fiscal year.	37113

If, upon review of the fees under division (Y)(7) of this	37114
section and after the fees have been reduced, the director	37115
determines that the total amount of moneys collected and	37116
accumulated is less than six hundred thousand dollars, the	37117
director, after review of the fee structure and consultation with	37118
affected persons, may issue an order increasing the amount of the	37119
fees levied under division (Y) of this section so that the	37120
estimated amount of moneys resulting from the fees will be	37121
approximately six hundred thousand dollars. Fees shall never be	37122
increased to an amount exceeding the amount specified in division	37123
(Y)(7) of this section.	37124

Notwithstanding section 119.06 of the Revised Code, the	37125
director may issue an order under division (Y)(7) of this section	37126
without the necessity to hold an adjudicatory hearing in	37127
connection with the order. The issuance of an order under this	37128
division is not an act or action for purposes of section 3745.04	37129
of the Revised Code.	37130

(8) As used in division (Y) of this section:

37131

(a) "Sewage sludge facility" means an entity that performs	37132
treatment on or is responsible for the disposal of sewage sludge.	37133

(b) "Sewage sludge" means a solid, semi-solid, or liquid	37134
residue generated during the treatment of domestic sewage in a	37135
treatment works as defined in section 6111.01 of the Revised Code.	37136
"Sewage sludge" includes, but is not limited to, scum or solids	37137
removed in primary, secondary, or advanced wastewater treatment	37138
processes. "Sewage sludge" does not include ash generated during	37139
the firing of sewage sludge in a sewage sludge incinerator, grit	37140
and screenings generated during preliminary treatment of domestic	37141
sewage in a treatment works, animal manure, residue generated	37142
during treatment of animal manure, or domestic septage.	37143

(c) "Exceptional quality sludge" means sewage sludge that	37144
meets all of the following qualifications:	37145

(i) Satisfies the class A pathogen standards in 40 C.F.R.	37146
503.32(a);	37147

(ii) Satisfies one of the vector attraction reduction	37148
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	37149

(iii) Does not exceed the ceiling concentration limitations	37150
for metals listed in table one of 40 C.F.R. 503.13;	37151

(iv) Does not exceed the concentration limitations for metals	37152
listed in table three of 40 C.F.R. 503.13.	37153

(d) "Treatment" means the preparation of sewage sludge for	37154
final use or disposal and includes, but is not limited to,	37155
thickening, stabilization, and dewatering of sewage sludge.	37156

(e) "Disposal" means the final use of sewage sludge,	37157
including, but not limited to, land application, land reclamation,	37158
surface disposal, or disposal in a landfill or an incinerator.	37159

(f) "Land application" means the spraying or spreading of	37160
sewage sludge onto the land surface, the injection of sewage	37161
sludge below the land surface, or the incorporation of sewage	37162
sludge into the soil for the purposes of conditioning the soil or	37163
fertilizing crops or vegetation grown in the soil.	37164

(g) "Land reclamation" means the returning of disturbed land	37165
to productive use.	37166

(h) "Surface disposal" means the placement of sludge on an	37167
area of land for disposal, including, but not limited to,	37168
monofills, surface impoundments, lagoons, waste piles, or	37169
dedicated disposal sites.	37170

(i) "Incinerator" means an entity that disposes of sewage	37171
sludge through the combustion of organic matter and inorganic	37172
matter in sewage sludge by high temperatures in an enclosed	37173
device.	37174

(j) "Incineration facility" includes all incinerators owned	37175
or operated by the same entity and located on a contiguous tract	37176
of land. Areas of land are considered to be contiguous even if	37177
they are separated by a public road or highway.	37178

(k) "Annual sludge fee" means the fee assessed under division	37179
(Y)(1) of this section.	37180

(l) "Landfill" means a sanitary landfill facility, as defined	37181
in rules adopted under section 3734.02 of the Revised Code, that	37182
is licensed under section 3734.05 of the Revised Code.	37183

(m) "Preexisting land reclamation project" means a	37184
property-specific land reclamation project that has been in	37185
continuous operation for not less than five years pursuant to	37186
approval of the activity by the director and includes the	37187
implementation of a community outreach program concerning the	37188
activity.	37189

Sec. 3767.41. (A) As used in this section:

37190

(1) "Building" means, except as otherwise provided in this	37191
division, any building or structure that is used or intended to be	37192
used for residential purposes. "Building" includes, but is not	37193
limited to, a building or structure in which any floor is used for	37194
retail stores, shops, salesrooms, markets, or similar commercial	37195
uses, or for offices, banks, civic administration activities,	37196
professional services, or similar business or civic uses, and in	37197
which the other floors are used, or designed and intended to be	37198
used, for residential purposes. "Building" does not include any	37199
building or structure that is occupied by its owner and that	37200
contains three or fewer residential units.	37201

(2)(a) "Public nuisance" means a building that is a menace to	37202
the public health, welfare, or safety; that is structurally	37203
unsafe, unsanitary, or not provided with adequate safe egress;	37204
that constitutes a fire hazard, is otherwise dangerous to human	37205
life, or is otherwise no longer fit and habitable; or that, in	37206
relation to its existing use, constitutes a hazard to the public	37207
health, welfare, or safety by reason of inadequate maintenance,	37208
dilapidation, obsolescence, or abandonment.	37209

(b) "Public nuisance" as it applies to subsidized housing	37210
means subsidized housing that fails to meet the following	37211
standards as specified in the federal rules governing each	37212
standard:	37213

(i) Each building on the site is structurally sound, secure,	37214
habitable, and in good repair, as defined in 24 C.F.R. 5.703(b);	37215

(ii) Each building's domestic water, electrical system,	37216
elevators, emergency power, fire protection, HVAC, and sanitary	37217
system is free of health and safety hazards, functionally	37218
adequate, operable, and in good repair, as defined in 24 C.F.R.	37219
5.703(c);	37220

(iii) Each dwelling unit within the building is structurally	37221
sound, habitable, and in good repair, and all areas and aspects of	37222
the dwelling unit are free of health and safety hazards,	37223
functionally adequate, operable, and in good repair, as defined in	37224
24 C.F.R. 5.703(d)(1);	37225

(iv) Where applicable, the dwelling unit has hot and cold	37226
running water, including an adequate source of potable water, as	37227
defined in 24 C.F.R. 5.703(d)(2);	37228

(v) If the dwelling unit includes its own sanitary facility,	37229
it is in proper operating condition, usable in privacy, and	37230
adequate for personal hygiene, and the disposal of human waste, as	37231
defined in 24 C.F.R. 5.703(d)(3);	37232

(vi) The common areas are structurally sound, secure, and	37233
functionally adequate for the purposes intended. The basement,	37234
garage, carport, restrooms, closets, utility, mechanical,	37235
community rooms, daycare, halls, corridors, stairs, kitchens,	37236
laundry rooms, office, porch, patio, balcony, and trash collection	37237
areas are free of health and safety hazards, operable, and in good	37238
repair. All common area ceilings, doors, floors, HVAC, lighting,	37239
smoke detectors, stairs, walls, and windows, to the extent	37240
applicable, are free of health and safety hazards, operable, and	37241
in good repair, as defined in 24 C.F.R. 5.703(e);	37242

(vii) All areas and components of the housing are free of	37243
health and safety hazards. These areas include, but are not	37244
limited to, air quality, electrical hazards, elevators,	37245
emergency/fire exits, flammable materials, garbage and debris,	37246
handrail hazards, infestation, and lead-based paint, as defined in	37247
24 C.F.R. 5.703(f).	37248

(3) "Abate" or "abatement" in connection with any building	37249
means the removal or correction of any conditions that constitute	37250
a public nuisance and the making of any other improvements that	37251
are needed to effect a rehabilitation of the building that is	37252
consistent with maintaining safe and habitable conditions over its	37253
remaining useful life. "Abatement" does not include the closing or	37254
boarding up of any building that is found to be a public nuisance.	37255

(4) "Interested party" means any owner, mortgagee,	37256
lienholder, tenant, or person that possesses an interest of record	37257
in any property that becomes subject to the jurisdiction of a	37258
court pursuant to this section, and any applicant for the	37259
appointment of a receiver pursuant to this section.	37260

(5) "Neighbor" means any owner of property, including, but	37261
not limited to, any person who is purchasing property by land	37262
installment contract or under a duly executed purchase contract,	37263
that is located within five hundred feet of any property that	37264
becomes subject to the jurisdiction of a court pursuant to this	37265
section, and any occupant of a building that is so located.	37266

(6) "Tenant" has the same meaning as in section 5321.01 of	37267
the Revised Code.	37268

(7) "Subsidized housing" means a property consisting of more	37269
than four dwelling units that, in whole or in part, receives	37270
project-based assistance pursuant to a contract under any of the	37271
following federal housing programs:	37272

(a) The new construction or substantial rehabilitation	37273
program under section 8(b)(2) of the "United States Housing Act of	37274
1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f(b)(2) as	37275
that program was in effect immediately before the first day of	37276
October, 1983;	37277

(b) The moderate rehabilitation program under section 8(e)(2)	37278
of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50	37279
Stat. 888, 42 U.S.C. 1437f(e)(2);	37280

(c) The loan management assistance program under section 8 of	37281
the "United States Housing Act of 1937," Pub. L. No. 75-412, 50	37282
Stat. 888, 42 U.S.C. 1437f;	37283

(d) The rent supplement program under section 101 of the	37284
"Housing and Urban Development Act of 1965," Pub. L. No. 89-174,	37285
79 Stat. 667, 12 U.S.C. 1701s;	37286

(e) Section 8 of the "United States Housing Act of 1937,"	37287
Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f, following	37288
conversion from assistance under section 101 of the "Housing and	37289
Urban Development Act of 1965," Pub. L. No. 89-174, 79 Stat. 667,	37290
12 U.S.C. 1701s;	37291

(f) The program of supportive housing for the elderly under	37292
section 202 of the "Housing Act of 1959," Pub. L. No. 86-372, 73	37293
Stat. 654, 12 U.S.C. 1701q;	37294

(g) The program of supportive housing for persons with	37295
disabilities under section 811 of the "National Affordable Housing	37296
Act of 1990," Pub. L. No. 101-625, 104 Stat. 4313, 42 U.S.C. 8013;	37297

(h) The rental assistance program under section 521 of the	37298
"United States Housing Act of 1949," Pub. L. No. 90-448, 82 Stat.	37299
551, as amended by Pub. L. No. 93-383, 88 Stat. 696, 42 U.S.C.	37300
1490a.	37301

(8) "Project-based assistance" means the assistance is	37302
attached to the property and provides rental assistance only on	37303
behalf of tenants who reside in that property.	37304

(9) "Landlord" has the same meaning as in section 5321.01 of	37305
the Revised Code.	37306

(B)(1)(a) In any civil action to enforce any local building,	37307
housing, air pollution, sanitation, health, fire, zoning, or	37308
safety code, ordinance, or regulation applicable to buildings,	37309
that is commenced in a court of common pleas, municipal court,	37310
housing or environmental division of a municipal court, or county	37311
court, or in any civil action for abatement commenced in a court	37312
of common pleas, municipal court, housing or environmental	37313
division of a municipal court, or county court, by a municipal	37314
corporation in which the building involved is located, by any	37315
neighbor, tenant, or by a nonprofit corporation that is duly	37316
organized and has as one of its goals the improvement of housing	37317
conditions in the county or municipal corporation in which the	37318
building involved is located, if a building is alleged to be a	37319
public nuisance, the municipal corporation, neighbor, tenant, or	37320
nonprofit corporation may apply in its complaint for an injunction	37321
or other order as described in division (C)(1) of this section, or	37322
for the relief described in division (C)(2) of this section,	37323
including, if necessary, the appointment of a receiver as	37324
described in divisions (C)(2) and (3) of this section, or for both	37325
such an injunction or other order and such relief. The municipal	37326
corporation, neighbor, tenant, or nonprofit corporation commencing	37327
the action is not liable for the costs, expenses, and fees of any	37328
receiver appointed pursuant to divisions (C)(2) and (3) of this	37329
section.	37330

(b) Prior to commencing a civil action for abatement when the	37331
property alleged to be a public nuisance is subsidized housing,	37332
the municipal corporation, neighbor, tenant, or nonprofit	37333
corporation commencing the action shall provide the landlord of	37334
that property with written notice that specifies one or more	37335
defective conditions that constitute a public nuisance as that	37336
term applies to subsidized housing and states that if the landlord	37337
fails to remedy the condition within sixty days of the service of	37338
the notice, a claim pursuant to this section may be brought on the	37339
basis that the property constitutes a public nuisance in	37340
subsidized housing. Any party authorized to bring an action	37341
against the landlord shall make reasonable attempts to serve the	37342
notice in the manner prescribed in the Rules of Civil Procedure to	37343
the landlord or the landlord's agent for the property at the	37344
property's management office, or at the place where the tenants	37345
normally pay or send rent. If the landlord is not the owner of	37346
record, the party bringing the action shall make a reasonable	37347
attempt to serve the owner. If the owner does not receive service	37348
the person bringing the action shall certify the attempts to serve	37349
the owner.	37350

(2)(a) In a civil action described in division (B)(1) of this	37351
section, a copy of the complaint and a notice of the date and time	37352
of a hearing on the complaint shall be served upon the owner of	37353
the building and all other interested parties in accordance with	37354
the Rules of Civil Procedure. If certified mail service, personal	37355
service, or residence service of the complaint and notice is	37356
refused or certified mail service of the complaint and notice is	37357
not claimed, and if the municipal corporation, neighbor, tenant,	37358
or nonprofit corporation commencing the action makes a written	37359
request for ordinary mail service of the complaint and notice, or	37360
uses publication service, in accordance with the Rules of Civil	37361
Procedure, then a copy of the complaint and notice shall be posted	37362
in a conspicuous place on the building.	37363

(b) The judge in a civil action described in division (B)(1)	37364
of this section shall conduct a hearing at least twenty-eight days	37365
after the owner of the building and the other interested parties	37366
have been served with a copy of the complaint and the notice of	37367
the date and time of the hearing in accordance with division	37368
(B)(2)(a) of this section.	37369

(c) In considering whether subsidized housing is a public	37370
nuisance, the judge shall construe the standards set forth in	37371
division (A)(2)(b) of this section in a manner consistent with	37372
department of housing and urban development and judicial	37373
interpretations of those standards. The judge shall deem that the	37374
property is not a public nuisance if during the twelve months	37375
prior to the service of the notice that division (B)(1)(b) of this	37376
section requires, the department of housing and urban	37377
development's real estate assessment center issued a score of	37378
seventy-five or higher out of a possible one hundred points	37379
pursuant to its regulations governing the physical condition of	37380
multifamily properties pursuant to 24 C.F.R. part 200, subpart P,	37381
and since the most recent inspection, there has been no	37382
significant change in the property's conditions that would create	37383
a serious threat to the health, safety, or welfare of the	37384
property's tenants.	37385

(C)(1) If the judge in a civil action described in division	37386
(B)(1) of this section finds at the hearing required by division	37387
(B)(2) of this section that the building involved is a public	37388
nuisance, if the judge additionally determines that the owner of	37389
the building previously has not been afforded a reasonable	37390
opportunity to abate the public nuisance or has been afforded such	37391
an opportunity and has not refused or failed to abate the public	37392
nuisance, and if the complaint of the municipal corporation,	37393
neighbor, tenant, or nonprofit corporation commencing the action	37394
requested the issuance of an injunction as described in this	37395
division, then the judge may issue an injunction requiring the	37396
owner of the building to abate the public nuisance or issue any	37397
other order that the judge considers necessary or appropriate to	37398
cause the abatement of the public nuisance. If an injunction is	37399
issued pursuant to this division, the owner of the building	37400
involved shall be given no more than thirty days from the date of	37401
the entry of the judge's order to comply with the injunction,	37402
unless the judge, for good cause shown, extends the time for	37403
compliance.	37404

(2) If the judge in a civil action described in division	37405
(B)(1) of this section finds at the hearing required by division	37406
(B)(2) of this section that the building involved is a public	37407
nuisance, if the judge additionally determines that the owner of	37408
the building previously has been afforded a reasonable opportunity	37409
to abate the public nuisance and has refused or failed to do so,	37410
and if the complaint of the municipal corporation, neighbor,	37411
tenant, or nonprofit corporation commencing the action requested	37412
relief as described in this division, then the judge shall offer	37413
any mortgagee, lienholder, or other interested party associated	37414
with the property on which the building is located, in the order	37415
of the priority of interest in title, the opportunity to undertake	37416
the work and to furnish the materials necessary to abate the	37417
public nuisance. Prior to selecting any interested party, the	37418
judge shall require the interested party to demonstrate the	37419
ability to promptly undertake the work and furnish the materials	37420
required, to provide the judge with a viable financial and	37421
construction plan for the rehabilitation of the building as	37422
described in division (D) of this section, and to post security	37423
for the performance of the work and the furnishing of the	37424
materials.	37425

If the judge determines, at the hearing, that no interested	37426
party is willing or able to undertake the work and to furnish the	37427
materials necessary to abate the public nuisance, or if the judge	37428
determines, at any time after the hearing, that any party who is	37429
undertaking corrective work pursuant to this division cannot or	37430
will not proceed, or has not proceeded with due diligence, the	37431
judge may appoint a receiver pursuant to division (C)(3) of this	37432
section to take possession and control of the building.	37433

(3)(a) The judge in a civil action described in division	37434
(B)(1) of this section shall not appoint any person as a receiver	37435
unless the person first has provided the judge with a viable	37436
financial and construction plan for the rehabilitation of the	37437
building involved as described in division (D) of this section and	37438
has demonstrated the capacity and expertise to perform the	37439
required work and to furnish the required materials in a	37440
satisfactory manner. An appointed receiver may be a financial	37441
institution that possesses an interest of record in the building	37442
or the property on which it is located, a nonprofit corporation as	37443
described in divisions (B)(1) and (C)(3)(b) of this section,	37444
including, but not limited to, a nonprofit corporation that	37445
commenced the action described in division (B)(1) of this section,	37446
or any other qualified property manager.	37447

(b) To be eligible for appointment as a receiver, no part of	37448
the net earnings of a nonprofit corporation shall inure to the	37449
benefit of any private shareholder or individual. Membership on	37450
the board of trustees of a nonprofit corporation appointed as a	37451
receiver does not constitute the holding of a public office or	37452
employment within the meaning of sections 731.02 and 731.12 or any	37453
other section of the Revised Code and does not constitute a direct	37454
or indirect interest in a contract or expenditure of money by any	37455
municipal corporation. A member of a board of trustees of a	37456
nonprofit corporation appointed as a receiver shall not be	37457
disqualified from holding any public office or employment, and	37458
shall not forfeit any public office or employment, by reason of	37459
~~his~~ membership on the board of trustees, notwithstanding any law	37460
to the contrary.	37461

(D) Prior to ordering any work to be undertaken, or the	37462
furnishing of any materials, to abate a public nuisance under this	37463
section, the judge in a civil action described in division (B)(1)	37464
of this section shall review the submitted financial and	37465
construction plan for the rehabilitation of the building involved	37466
and, if it specifies all of the following, shall approve that	37467
plan:	37468

(1) The estimated cost of the labor, materials, and any other	37469
development costs that are required to abate the public nuisance;	37470

(2) The estimated income and expenses of the building and the	37471
property on which it is located after the furnishing of the	37472
materials and the completion of the repairs and improvements;	37473

(3) The terms, conditions, and availability of any financing	37474
that is necessary to perform the work and to furnish the	37475
materials;	37476

(4) If repair and rehabilitation of the building are found	37477
not to be feasible, the cost of demolition of the building or of	37478
the portions of the building that constitute the public nuisance.	37479

(E) Upon the written request of any of the interested parties	37480
to have a building, or portions of a building, that constitute a	37481
public nuisance demolished because repair and rehabilitation of	37482
the building are found not to be feasible, the judge may order the	37483
demolition. However, the demolition shall not be ordered unless	37484
the requesting interested parties have paid the costs of	37485
demolition and, if any, of the receivership, and, if any, all	37486
notes, certificates, mortgages, and fees of the receivership.	37487

(F) Before proceeding with ~~his~~the duties of receiver, any	37488
receiver appointed by the judge in a civil action described in	37489
division (B)(1) of this section may be required by the judge to	37490
post a bond in an amount fixed by the judge, but not exceeding the	37491
value of the building involved as determined by the judge.	37492

The judge may empower the receiver to do any or all of the	37493
following:	37494

(1) Take possession and control of the building and the	37495
property on which it is located, operate and manage the building	37496
and the property, establish and collect rents and income, lease	37497
and rent the building and the property, and evict tenants;	37498

(2) Pay all expenses of operating and conserving the building	37499
and the property, including, but not limited to, the cost of	37500
electricity, gas, water, sewerage, heating fuel, repairs and	37501
supplies, custodian services, taxes and assessments, and insurance	37502
premiums, and hire and pay reasonable compensation to a managing	37503
agent;	37504

(3) Pay pre-receivership mortgages or installments of them	37505
and other liens;	37506

(4) Perform or enter into contracts for the performance of	37507
all work and the furnishing of materials necessary to abate, and	37508
obtain financing for the abatement of, the public nuisance;	37509

(5) Pursuant to court order, remove and dispose of any	37510
personal property abandoned, stored, or otherwise located in or on	37511
the building and the property that creates a dangerous or unsafe	37512
condition or that constitutes a violation of any local building,	37513
housing, air pollution, sanitation, health, fire, zoning, or	37514
safety code, ordinance, or regulation;	37515

(6) Obtain mortgage insurance for any receiver's mortgage	37516
from any agency of the federal government;	37517

(7) Enter into any agreement and do those things necessary to	37518
maintain and preserve the building and the property and comply	37519
with all local building, housing, air pollution, sanitation,	37520
health, fire, zoning, or safety codes, ordinances, and	37521
regulations;	37522

(8) Give the custody of the building and the property, and	37523
the opportunity to abate the nuisance and operate the property, to	37524
its owner or any mortgagee or lienholder of record;	37525

(9) Issue notes and secure them by a mortgage bearing	37526
interest, and upon terms and conditions, that the judge approves.	37527
When sold or transferred by the receiver in return for valuable	37528
consideration in money, material, labor, or services, the notes or	37529
certificates shall be freely transferable. Any mortgages granted	37530
by the receiver shall be superior to any claims of the receiver.	37531
Priority among the receiver's mortgages shall be determined by the	37532
order in which they are recorded.	37533

(G) A receiver appointed pursuant to this section is not	37534
personally liable except for misfeasance, malfeasance, or	37535
nonfeasance in the performance of the functions of ~~his~~the office	37536
of receiver.	37537

(H)(1) The judge in a civil action described in division	37538
(B)(1) of this section may assess as court costs, the expenses	37539
described in division (F)(2) of this section, and may approve	37540
receiver's fees to the extent that they are not covered by the	37541
income from the property. Subject to that limitation, a receiver	37542
appointed pursuant to divisions (C)(2) and (3) of this section is	37543
entitled to receive fees in the same manner and to the same extent	37544
as receivers appointed in actions to foreclose mortgages.	37545

(2)(a) Pursuant to the police powers vested in the state, all	37546
expenditures of a mortgagee, lienholder, or other interested party	37547
that has been selected pursuant to division (C)(2) of this section	37548
to undertake the work and to furnish the materials necessary to	37549
abate a public nuisance, and any expenditures in connection with	37550
the foreclosure of the lien created by this division, is a first	37551
lien upon the building involved and the property on which it is	37552
located and is superior to all prior and subsequent liens or other	37553
encumbrances associated with the building or the property,	37554
including, but not limited to, those for taxes and assessments,	37555
upon the occurrence of both of the following:	37556

(i) The prior approval of the expenditures by, and the entry	37557
of a judgment to that effect by, the judge in the civil action	37558
described in division (B)(1) of this section;	37559

(ii) The recordation of a certified copy of the judgment	37560
entry and a sufficient description of the property on which the	37561
building is located with the county recorder in the county in	37562
which the property is located within sixty days after the date of	37563
the entry of the judgment.	37564

(b) Pursuant to the police powers vested in the state, all	37565
expenses and other amounts paid in accordance with division (F) of	37566
this section by a receiver appointed pursuant to divisions (C)(2)	37567
and (3) of this section, the amounts of any notes issued by the	37568
receiver in accordance with division (F) of this section, all	37569
mortgages granted by the receiver in accordance with that	37570
division, the fees of the receiver approved pursuant to division	37571
(H)(1) of this section, and any amounts expended in connection	37572
with the foreclosure of a mortgage granted by the receiver in	37573
accordance with division (F) of this section or with the	37574
foreclosure of the lien created by this division, are a first lien	37575
upon the building involved and the property on which it is located	37576
and are superior to all prior and subsequent liens or other	37577
encumbrances associated with the building or the property,	37578
including, but not limited to, those for taxes and assessments,	37579
upon the occurrence of both of the following:	37580

(i) The approval of the expenses, amounts, or fees by, and	37581
the entry of a judgment to that effect by, the judge in the civil	37582
action described in division (B)(1) of this section; or the	37583
approval of the mortgages in accordance with division (F)(9) of	37584
this section by, and the entry of a judgment to that effect by,	37585
that judge;	37586

(ii) The recordation of a certified copy of the judgment	37587
entry and a sufficient description of the property on which the	37588
building is located, or, in the case of a mortgage, the	37589
recordation of the mortgage, a certified copy of the judgment	37590
entry, and such a description, with the county recorder of the	37591
county in which the property is located within sixty days after	37592
the date of the entry of the judgment.	37593

(c) Priority among the liens described in divisions (H)(2)(a)	37594
and (b) of this section shall be determined as described in	37595
division (I) of this section. Additionally, the creation pursuant	37596
to this section of a mortgage lien that is prior to or superior to	37597
any mortgage of record at the time the mortgage lien is so	37598
created, does not disqualify the mortgage of record as a legal	37599
investment under Chapter 1107. or 1151. or any other chapter of	37600
the Revised Code.	37601

(I)(1) If a receiver appointed pursuant to divisions (C)(2)	37602
and (3) of this section files with the judge in the civil action	37603
described in division (B)(1) of this section a report indicating	37604
that the public nuisance has been abated, if the judge confirms	37605
that the receiver has abated the public nuisance, and if the	37606
receiver or any interested party requests the judge to enter an	37607
order directing the receiver to sell the building and the property	37608
on which it is located, the judge may enter that order after	37609
holding a hearing as described in division (I)(2) of this section	37610
and otherwise complying with that division.	37611

(2)(a) The receiver or interested party requesting an order	37612
as described in division (I)(1) of this section shall cause a	37613
notice of the date and time of a hearing on the request to be	37614
served on the owner of the building involved and all other	37615
interested parties in accordance with division (B)(2)(a) of this	37616
section. The judge in the civil action described in division	37617
(B)(1) of this section shall conduct the scheduled hearing. At the	37618
hearing, if the owner or any interested party objects to the sale	37619
of the building and the property, the burden of proof shall be	37620
upon the objecting person to establish, by a preponderance of the	37621
evidence, that the benefits of not selling the building and the	37622
property outweigh the benefits of selling them. If the judge	37623
determines that there is no objecting person, or if the judge	37624
determines that there is one or more objecting persons but no	37625
objecting person has sustained the burden of proof specified in	37626
this division, the judge may enter an order directing the receiver	37627
to offer the building and the property for sale upon terms and	37628
conditions that the judge shall specify.	37629

(b) In any sale of subsidized housing that is ordered	37630
pursuant to this section, the judge shall specify that the	37631
subsidized housing not be conveyed unless that conveyance complies	37632
with applicable federal law and applicable program contracts for	37633
that housing. Any such conveyance shall be subject to the	37634
condition that the purchaser enter into a contract with the	37635
department of housing and urban development or the rural housing	37636
service of the federal department of agriculture under which the	37637
property continues to be subsidized housing and the owner	37638
continues to operate that property as subsidized housing unless	37639
the secretary of housing and urban development or the	37640
administrator of the rural housing service terminates that	37641
property's contract prior to or upon the conveyance of the	37642
property.	37643

(3) If a sale of a building and the property on which it is	37644
located is ordered pursuant to divisions (I)(1) and (2) of this	37645
section and if the sale occurs in accordance with the terms and	37646
conditions specified by the judge in ~~his~~the judge's order of	37647
sale, then the receiver shall distribute the proceeds of the sale	37648
and the balance of any funds that the receiver may possess, after	37649
the payment of the costs of the sale, in the following order of	37650
priority and in the described manner:	37651

(a) First, in satisfaction of any notes issued by the	37652
receiver pursuant to division (F) of this section, in their order	37653
of priority;	37654

(b) Second, any unreimbursed expenses and other amounts paid	37655
in accordance with division (F) of this section by the receiver,	37656
and the fees of the receiver approved pursuant to division (H)(1)	37657
of this section;	37658

(c) Third, all expenditures of a mortgagee, lienholder, or	37659
other interested party that has been selected pursuant to division	37660
(C)(2) of this section to undertake the work and to furnish the	37661
materials necessary to abate a public nuisance, provided that the	37662
expenditures were approved as described in division (H)(2)(a) of	37663
this section and provided that, if any such interested party	37664
subsequently became the receiver, its expenditures shall be paid	37665
prior to the expenditures of any of the other interested parties	37666
so selected;	37667

(d) Fourth, the amount due for delinquent taxes, assessments,	37668
charges, penalties, and interest owed to this state or a political	37669
subdivision of this state, provided that, if the amount available	37670
for distribution pursuant to division (I)(3)(d) of this section is	37671
insufficient to pay the entire amount of those taxes, assessments,	37672
charges, penalties, and interest, the proceeds and remaining funds	37673
shall be paid to each claimant in proportion to the amount of	37674
those taxes, assessments, charges, penalties, and interest that	37675
each is due.	37676

(e) The amount of any pre-receivership mortgages, liens, or	37677
other encumbrances, in their order of priority.	37678

(4) Following a distribution in accordance with division	37679
(I)(3) of this section, the receiver shall request the judge in	37680
the civil action described in division (B)(1) of this section to	37681
enter an order terminating the receivership. If the judge	37682
determines that the sale of the building and the property on which	37683
it is located occurred in accordance with the terms and conditions	37684
specified by the judge in ~~his~~the judge's order of sale under	37685
division (I)(2) of this section and that the receiver distributed	37686
the proceeds of the sale and the balance of any funds that the	37687
receiver possessed, after the payment of the costs of the sale, in	37688
accordance with division (I)(3) of this section, and if the judge	37689
approves any final accounting required of the receiver, the judge	37690
may terminate the receivership.	37691

(J)(1) A receiver appointed pursuant to divisions (C)(2) and	37692
(3) of this section may be discharged at any time in the	37693
discretion of the judge in the civil action described in division	37694
(B)(1) of this section. The receiver shall be discharged by the	37695
judge as provided in division (I)(4) of this section, or when all	37696
of the following have occurred:	37697

(a) The public nuisance has been abated;

37698

(b) All costs, expenses, and approved fees of the	37699
receivership have been paid;	37700

(c) Either all receiver's notes issued and mortgages granted	37701
pursuant to this section have been paid, or all the holders of the	37702
notes and mortgages request that the receiver be discharged.	37703

(2) If a judge in a civil action described in division (B)(1)	37704
of this section determines that, and enters of record a	37705
declaration that, a public nuisance has been abated by a receiver,	37706
and if, within three days after the entry of the declaration, all	37707
costs, expenses, and approved fees of the receivership have not	37708
been paid in full, then, in addition to the circumstances	37709
specified in division (I) of this section for the entry of such an	37710
order, the judge may enter an order directing the receiver to sell	37711
the building involved and the property on which it is located. Any	37712
such order shall be entered, and the sale shall occur, only in	37713
compliance with division (I) of this section.	37714

(K) The title in any building, and in the property on which	37715
it is located, that is sold at a sale ordered under division (I)	37716
or (J)(2) of this section shall be incontestable in the purchaser	37717
and shall be free and clear of all liens for delinquent taxes,	37718
assessments, charges, penalties, and interest owed to this state	37719
or any political subdivision of this state, that could not be	37720
satisfied from the proceeds of the sale and the remaining funds in	37721
the receiver's possession pursuant to the distribution under	37722
division (I)(3) of this section. All other liens and encumbrances	37723
with respect to the building and the property shall survive the	37724
sale, including, but not limited to, a federal tax lien notice	37725
properly filed in accordance with section 317.09 of the Revised	37726
Code prior to the time of the sale, and the easements and	37727
covenants of record running with the property that were created	37728
prior to the time of the sale.	37729

(L)(1) Nothing in this section shall be construed as a	37730
limitation upon the powers granted to a court of common pleas, a	37731
municipal court or a housing or environmental division of a	37732
municipal court under Chapter 1901. of the Revised Code, or a	37733
county court under Chapter 1907. of the Revised Code.	37734

(2) The monetary and other limitations specified in Chapters	37735
1901. and 1907. of the Revised Code upon the jurisdiction of	37736
municipal and county courts, and of housing or environmental	37737
divisions of municipal courts, in civil actions do not operate as	37738
limitations upon any of the following:	37739

(a) Expenditures of a mortgagee, lienholder, or other	37740
interested party that has been selected pursuant to division	37741
(C)(2) of this section to undertake the work and to furnish the	37742
materials necessary to abate a public nuisance;	37743

(b) Any notes issued by a receiver pursuant to division (F)	37744
of this section;	37745

(c) Any mortgage granted by a receiver in accordance with	37746
division (F) of this section;	37747

(d) Expenditures in connection with the foreclosure of a	37748
mortgage granted by a receiver in accordance with division (F) of	37749
this section;	37750

(e) The enforcement of an order of a judge entered pursuant	37751
to this section;	37752

(f) The actions that may be taken pursuant to this section by	37753
a receiver or a mortgagee, lienholder, or other interested party	37754
that has been selected pursuant to division (C)(2) of this section	37755
to undertake the work and to furnish the materials necessary to	37756
abate a public nuisance.	37757

(3) A judge in a civil action described in division (B)(1) of	37758
this section, or the judge's successor in office, has continuing	37759
jurisdiction to review the condition of any building that was	37760
determined to be a public nuisance pursuant to this section.	37761

Sec. 3769.087. (A) In addition to the commission of eighteen	37762
per cent retained by each permit holder as provided in section	37763
3769.08 of the Revised Code, each permit holder shall retain an	37764
additional amount equal to four per cent of the total of all	37765
moneys wagered on each racing day on all wagering pools other than	37766
win, place, and show, of which amount retained an amount equal to	37767
three per cent of the total of all moneys wagered on each racing	37768
day on those pools shall be paid by check, draft, or money order	37769
to the tax commissioner, as a tax. Subject to the restrictions	37770
contained in divisions (B), (C), and (M) of section 3769.08 of the	37771
Revised Code, from such additional moneys paid to the tax	37772
commissioner:	37773

(1) Four-sixths shall be allocated to fund distribution as	37774
provided in division (M) of section 3769.08 of the Revised Code.	37775

(2) One-twelfth shall be paid into the Ohio fairs fund	37776
created by section 3769.082 of the Revised Code.	37777

(3) One-twelfth of the additional moneys paid to the tax	37778
commissioner by thoroughbred racing permit holders shall be paid	37779
into the Ohio thoroughbred race fund created by section 3769.083	37780
of the Revised Code.	37781

(4) One-twelfth of the additional moneys paid to the tax	37782
commissioner by harness horse racing permit holders shall be paid	37783
to the Ohio standardbred development fund created by section	37784
3769.085 of the Revised Code.	37785

(5) One-twelfth of the additional moneys paid to the tax	37786
commissioner by quarter horse racing permit holders shall be paid	37787
to the Ohio quarter horse development fund created by section	37788
3769.086 of the Revised Code.	37789

(6) One-sixth shall be paid into the state racing commission	37790
operating fund created by section 3769.03 of the Revised Code.	37791

The remaining one per cent that is retained of the total of	37792
all moneys wagered on each racing day on all pools other than win,	37793
place, and show, shall be retained by racing permit holders, and,	37794
except as otherwise provided in section 3769.089 of the Revised	37795
Code, racing permit holders shall use one-half for purse money and	37796
retain one-half.	37797

(B) In addition to the commission of eighteen per cent	37798
retained by each permit holder as provided in section 3769.08 of	37799
the Revised Code and the additional amount retained by each permit	37800
holder as provided in division (A) of this section, each permit	37801
holder shall retain an additional amount equal to one-half of one	37802
per cent of the total of all moneys wagered on each racing day on	37803
all wagering pools other than win, place, and show. ~~Except as~~	37804
~~provided in division (C) of this section, from the~~The additional	37805
amount retained under this division~~, each permit holder shall~~	37806
~~retain an amount equal to one-quarter of one per cent of the total~~	37807
~~of all moneys wagered on each racing day on all pools other than~~	37808
~~win, place, and show and shall pay that amount~~shall be paid by	37809
check, draft, or money order to the tax commissioner, as a tax.	37810
The tax commissioner shall pay the amount of the tax received	37811
under this division to the state racing commission operating fund	37812
created by section 3769.03 of the Revised Code.	37813

~~Except as provided in division (C) of this section, the~~	37814
~~remaining one-quarter of one per cent that is retained from the~~	37815
~~total of all moneys wagered on each racing day on all pools other~~	37816
~~than win, place, and show shall be retained by the permit holder,~~	37817
~~and the permit holder shall use one-half for purse money and~~	37818
~~retain one-half.~~	37819

~~(C) During the period commencing on July 1, 2006, and ending~~	37820
~~on and including June 30, 2007, the additional amount retained by~~	37821
~~each permit holder under division (B) of this section shall be~~	37822
~~paid by check, draft, or money order to the tax commissioner, as a~~	37823
~~tax. The tax commissioner shall pay the amount of the tax received~~	37824
~~under this division to the state racing commission operating fund~~	37825
~~created by section 3769.03 of the Revised Code.~~	37826

Sec. 3770.03. (A) The state lottery commission shall	37827
promulgate rules under which a statewide lottery may be conducted.	37828
The rules shall be promulgated pursuant to Chapter 119. of the	37829
Revised Code, except that instant game rules shall be promulgated	37830
pursuant to section 111.15 of the Revised Code but are not subject	37831
to division (D) of that section. Subjects covered in these rules	37832
shall include, but need not be limited to, the following:	37833

(1) The type of lottery to be conducted;

37834

(2) The prices of tickets in the lottery;. No rule shall set	37835
a price that exceeds twenty dollars to purchase an individual	37836
lottery ticket.	37837

(3) The number, nature, and value of prize awards, the manner	37838
and frequency of prize drawings, and the manner in which prizes	37839
shall be awarded to holders of winning tickets. No rule shall	37840
authorize drawings on a Sunday for any lottery game unless the	37841
rule is approved by an executive order of the governor.	37842

(B) The commission shall promulgate rules, in addition to	37843
those described in division (A) of this section, pursuant to	37844
Chapter 119. of the Revised Code under which a statewide lottery	37845
and statewide joint lottery games may be conducted. Subjects	37846
covered in these rules shall include, but not be limited to, the	37847
following:	37848

(1) The locations at which lottery tickets may be sold and	37849
the manner in which they are to be sold. These rules may authorize	37850
the sale of lottery tickets by commission personnel or other	37851
licensed individuals from traveling show wagons at the state fair,	37852
and at any other expositions the director of the commission	37853
considers acceptable. These rules shall prohibit commission	37854
personnel or other licensed individuals from soliciting from an	37855
exposition the right to sell lottery tickets at that exposition,	37856
but shall allow commission personnel or other licensed individuals	37857
to sell lottery tickets at an exposition if the exposition	37858
requests commission personnel or licensed individuals to do so.	37859
These rules may also address the accessibility of sales agent	37860
locations to commission products in accordance with the "Americans	37861
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101	37862
et seq.	37863

(2) The manner in which lottery sales revenues are to be	37864
collected, including authorization for the director to impose	37865
penalties for failure by lottery sales agents to transfer revenues	37866
to the commission in a timely manner;	37867

(3) The amount of compensation to be paid licensed lottery	37868
sales agents;	37869

(4) The substantive criteria for the licensing of lottery	37870
sales agents consistent with section 3770.05 of the Revised Code,	37871
and procedures for revoking or suspending their licenses	37872
consistent with Chapter 119. of the Revised Code. If	37873
circumstances, such as the nonpayment of funds owed by a lottery	37874
sales agent, or other circumstances related to the public safety,	37875
convenience, or trust, require immediate action, the director may	37876
suspend a license without affording an opportunity for a prior	37877
hearing under section 119.07 of the Revised Code.	37878

(5) Special game rules to implement any agreements signed by	37879
the governor that the director enters into with other lottery	37880
jurisdictions under division (J) of section 3770.02 of the Revised	37881
Code to conduct statewide joint lottery games. The rules shall	37882
require that the entire net proceeds of those games that remain,	37883
after associated operating expenses, prize disbursements, lottery	37884
sales agent bonuses, commissions, and reimbursements, and any	37885
other expenses necessary to comply with the agreements or the	37886
rules are deducted from the gross proceeds of those games, be	37887
transferred to the lottery profits education fund under division	37888
(B) of section 3770.06 of the Revised Code.	37889

(C) The commission may promulgate rules, in addition to those	37890
described in divisions (A) and (B) of this section, that establish	37891
standards governing the display of advertising and celebrity	37892
images on lottery tickets and on other items that are used in the	37893
conduct of, or to promote, the statewide lottery and statewide	37894
joint lottery games. Any revenue derived from the sale of	37895
advertising displayed on lottery tickets and on those other items	37896
shall be considered, for purposes of section 3770.06 of the	37897
Revised Code, to be related proceeds in connection with the	37898
statewide lottery or gross proceeds from statewide joint lottery	37899
games, as applicable.	37900

(D)(1) The commission shall meet with the director at least	37901
once each month and shall convene other meetings at the request of	37902
the chairperson or any five of the members. No action taken by the	37903
commission shall be binding unless at least five of the members	37904
present vote in favor of the action. A written record shall be	37905
made of the proceedings of each meeting and shall be transmitted	37906
forthwith to the governor, the president of the senate, the senate	37907
minority leader, the speaker of the house of representatives, and	37908
the house minority leader.	37909

(2) The director shall present to the commission a report	37910
each month, showing the total revenues, prize disbursements, and	37911
operating expenses of the state lottery for the preceding month.	37912
As soon as practicable after the end of each fiscal year, the	37913
commission shall prepare and transmit to the governor and the	37914
general assembly a report of lottery revenues, prize	37915
disbursements, and operating expenses for the preceding fiscal	37916
year and any recommendations for legislation considered necessary	37917
by the commission.	37918

Sec. 3770.06. (A) There is hereby created the state lottery	37919
gross revenue fund, which shall be in the custody of the treasurer	37920
of state but shall not be part of the state treasury. All gross	37921
revenues received from sales of lottery tickets, fines, fees, and	37922
related proceeds in connection with the statewide lottery and all	37923
gross proceeds from statewide joint lottery games shall be	37924
deposited into the fund. The treasurer of state shall invest any	37925
portion of the fund not needed for immediate use in the same	37926
manner as, and subject to all provisions of law with respect to	37927
the investment of, state funds. The treasurer of state shall	37928
disburse money from the fund on order of the director of the state	37929
lottery commission or the director's designee.	37930

Except for gross proceeds from statewide joint lottery games,	37931
all revenues of the state lottery gross revenue fund that are not	37932
paid to holders of winning lottery tickets, that are not required	37933
to meet short-term prize liabilities, that are not credited to	37934
lottery sales agents in the form of bonuses, commissions, or	37935
reimbursements, that are not paid to financial institutions to	37936
reimburse those institutions for sales agent nonsufficient funds,	37937
and that are collected from sales agents for remittance to	37938
insurers under contract to provide sales agent bonding services	37939
shall be transferred to the state lottery fund, which is hereby	37940
created in the state treasury. In addition, all revenues of the	37941
state lottery gross revenue fund that represent the gross proceeds	37942
from the statewide joint lottery games and that are not paid to	37943
holders of winning lottery tickets, that are not required to meet	37944
short-term prize liabilities, that are not credited to lottery	37945
sales agents in the form of bonuses, commissions, or	37946
reimbursements, and that are not necessary to cover operating	37947
expenses associated with those games or to otherwise comply with	37948
the agreements signed by the governor that the director enters	37949
into under division (J) of section 3770.02 of the Revised Code or	37950
the rules the commission adopts under division (B)(5) of section	37951
3770.03 of the Revised Code shall be transferred to the state	37952
lottery fund. All investment earnings of the fund shall be	37953
credited to the fund. Moneys shall be disbursed from the fund	37954
pursuant to vouchers approved by the director. Total disbursements	37955
for monetary prize awards to holders of winning lottery tickets in	37956
connection with the statewide lottery and purchases of goods and	37957
services awarded as prizes to holders of winning lottery tickets	37958
shall be of an amount equal to at least fifty per cent of the	37959
total revenue accruing from the sale of lottery tickets.	37960

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	37961
there is hereby established in the state treasury the lottery	37962
profits education fund. Whenever, in the judgment of the director	37963
of budget and management, the amount to the credit of the state	37964
lottery fund that does not represent proceeds from statewide joint	37965
lottery games is in excess of that needed to meet the maturing	37966
obligations of the commission and as working capital for its	37967
further operations, the director shall transfer the excess to the	37968
lottery profits education fund in connection with the statewide	37969
lottery. In addition, whenever, in the judgment of the director of	37970
budget and management, the amount to the credit of the state	37971
lottery fund that represents proceeds from statewide joint lottery	37972
games equals the entire net proceeds of those games as described	37973
in division (B)(5) of section 3770.03 of the Revised Code and the	37974
rules adopted under that division, the director shall transfer	37975
those proceeds to the lottery profits education fund. There shall	37976
also be credited to the fund any repayments of moneys loaned from	37977
the educational excellence investment fund. Investment earnings of	37978
the lottery profits education fund shall be credited to the fund.	37979

The lottery profits education fund shall be used solely for	37980
the support of elementary, secondary, vocational, and special	37981
education programs as determined in appropriations made by the	37982
general assembly, or as provided in applicable bond proceedings	37983
for the payment of debt service on obligations issued to pay costs	37984
of capital facilities, including those for a system of common	37985
schools throughout the state pursuant to section 2n of Article	37986
VIII, Ohio Constitution. When determining the availability of	37987
money in the lottery profits education fund, the director of	37988
budget and management may consider all balances and estimated	37989
revenues of the fund.	37990

~~From the amounts that the director of budget and management~~	37991
~~transfers in any fiscal year from the state lottery fund to the~~	37992
~~lottery profits education fund, the director shall transfer the~~	37993
~~initial ten million dollars of those amounts from the lottery~~	37994
~~profits education fund to the school building program bond service~~	37995
~~fund created in division (Q) of section 3318.26 of the Revised~~	37996
~~Code to be pledged for the purpose of paying bond service charges~~	37997
~~as defined in division (C) of section 3318.21 of the Revised Code~~	37998
~~on one or more issuances of obligations, which obligations are~~	37999
~~issued to provide moneys for the school building program~~	38000
~~assistance fund created in section 3318.25 of the Revised Code.~~	38001

(C) There is hereby established in the state treasury the	38002
deferred prizes trust fund. With the approval of the director of	38003
budget and management, an amount sufficient to fund annuity prizes	38004
shall be transferred from the state lottery fund and credited to	38005
the trust fund. The treasurer of state shall credit all earnings	38006
arising from investments purchased under this division to the	38007
trust fund. Within sixty days after the end of each fiscal year,	38008
the treasurer of state shall certify to the director of budget and	38009
management whether the actuarial amount of the trust fund is	38010
sufficient over the fund's life for continued funding of all	38011
remaining deferred prize liabilities as of the last day of the	38012
fiscal year just ended. Also, within that sixty days, the director	38013
of budget and management shall certify the amount of investment	38014
earnings necessary to have been credited to the trust fund during	38015
the fiscal year just ending to provide for such continued funding	38016
of deferred prizes. Any earnings credited in excess of ~~this~~the	38017
latter certified amount shall be transferred to the lottery	38018
profits education fund.	38019

To provide all or a part of the amounts necessary to fund	38020
deferred prizes awarded by the commission in connection with the	38021
statewide lottery, the treasurer of state, in consultation with	38022
the commission, may invest moneys contained in the deferred prizes	38023
trust fund which represents proceeds from the statewide lottery in	38024
obligations of the type permitted for the investment of state	38025
funds but whose maturities are thirty years or less.	38026
Notwithstanding the requirements of any other section of the	38027
Revised Code, to provide all or part of the amounts necessary to	38028
fund deferred prizes awarded by the commission in connection with	38029
statewide joint lottery games, the treasurer of state, in	38030
consultation with the commission, may invest moneys in the trust	38031
fund which represent proceeds derived from the statewide joint	38032
lottery games in accordance with the rules the commission adopts	38033
under division (B)(5) of section 3770.03 of the Revised Code.	38034
Investments of the trust fund are not subject to the provisions of	38035
division (A)(10) of section 135.143 of the Revised Code limiting	38036
to twenty-five per cent the amount of the state's total average	38037
portfolio that may be invested in debt interests and limiting to	38038
one-half of one per cent the amount that may be invested in debt	38039
interests of a single issuer.	38040

All purchases made under this division shall be effected on a	38041
delivery versus payment method and shall be in the custody of the	38042
treasurer of state.	38043

The treasurer of state may retain an investment advisor, if	38044
necessary. The commission shall pay any costs incurred by the	38045
treasurer of state in retaining an investment advisor.	38046

(D) The auditor of state shall conduct annual audits of all	38047
funds and any other audits as the auditor of state or the general	38048
assembly considers necessary. The auditor of state may examine all	38049
records, files, and other documents of the commission, and records	38050
of lottery sales agents that pertain to their activities as	38051
agents, for purposes of conducting authorized audits.	38052

The state lottery commission shall establish an internal	38053
audit program before the beginning of each fiscal year, subject to	38054
the approval of the auditor of state. At the end of each fiscal	38055
year, the commission shall prepare and submit an annual report to	38056
the auditor of state for the auditor of state's review and	38057
approval, specifying the internal audit work completed by the end	38058
of that fiscal year and reporting on compliance with the annual	38059
internal audit program. The form and content of the report shall	38060
be prescribed by the auditor of state under division (C) of	38061
section 117.20 of the Revised Code.	38062

(E) Whenever, in the judgment of the director of budget and	38063
management, an amount of net state lottery proceeds is necessary	38064
to be applied to the payment of debt service on obligations, all	38065
as defined in sections 151.01 and 151.03 of the Revised Code, the	38066
director shall transfer that amount directly from the state	38067
lottery fund or from the lottery profits education fund to the	38068
bond service fund defined in those sections. The provisions of	38069
this division are subject to any prior pledges or obligation of	38070
those amounts to the payment of bond service charges as defined in	38071
division (C) of section 3318.21 of the Revised Code, as referred	38072
to in division (B) of this section.	38073

Sec. 3905.36. (A) Except as provided in divisions (B) and	38074
(C) of this section, every insured association, company,	38075
corporation, or other person that enters, directly or indirectly,	38076
into any agreements with any insurance company, association,	38077
individual, firm, underwriter, or Lloyd's, not authorized to do	38078
business in this state, whereby the insured shall procure,	38079
continue, or renew contracts of insurance covering subjects of	38080
insurance resident, located, or to be performed within this state,	38081
with such unauthorized insurance company, association, individual,	38082
firm, underwriter, or Lloyd's, for which insurance there is a	38083
gross premium, membership fee, assessment, dues, or other	38084
consideration charged or collected, shall annually, on or before	38085
the thirty-first day of January, return to the superintendent of	38086
insurance a statement under oath showing the name and address of	38087
the insured, name and address of the insurer, subject of the	38088
insurance, general description of the coverage, and amount of	38089
gross premium, fee, assessment, dues, or other consideration for	38090
such insurance for the preceding twelve-month period and shall at	38091
the same time pay to the treasurer of state a tax of five per cent	38092
of such gross premium, fee, assessment, dues, or other	38093
consideration, after a deduction for return premium, if any, as	38094
calculated on a form prescribed by the treasurer of state. All	38095
taxes collected under this section by the treasurer of state shall	38096
be paid into the general revenue fund. If the tax is not paid when	38097
due, the tax shall be increased by a penalty of twenty-five per	38098
cent. An interest charge computed as set forth in section	38099
5725.221 of the Revised Code shall be made on the entire sum of	38100
the tax plus penalty, which interest shall be computed from the	38101
date the tax is due until it is paid. For purposes of this	38102
section, payment is considered made when it is received by the	38103
treasurer of state, irrespective of any United States postal	38104
service marking or other stamp or mark indicating the date on	38105
which the payment may have been mailed.	38106

(B) This section does not apply to:

38107

(1) Transactions in this state involving a policy solicited,	38108
written, and delivered outside this state covering only subjects	38109
of insurance not resident, located, or to be performed in this	38110
state at the time of issuance, provided such transactions are	38111
subsequent to the issuance of the policy;	38112

(2) Attorneys-at-law acting on behalf of their clients in the	38113
adjustment of claims or losses;	38114

(3) Transactions involving policies issued by a captive	38115
insurer. For this purpose, a "captive insurer" means any of the	38116
following:	38117

(a) An insurer owned by one or more individuals or	38118
organizations, whose exclusive purpose is to insure risks of one	38119
or more of the parent organizations or individual owners and risks	38120
of one or more affiliates of the parent organizations or	38121
individual owners;	38122

(b) In the case of groups and associations, insurers owned by	38123
the group or association whose exclusive purpose is to insure	38124
risks of members of the group or association and affiliates of the	38125
members;	38126

(c) Other types of insurers, licensed and operated in	38127
accordance with the captive insurance laws of their jurisdictions	38128
of domicile and operated in a manner so as to self-insure risks of	38129
their owners and insureds.	38130

(4) Professional or medical liability insurance procured by a	38131
hospital organized under Chapter 3701. of the Revised Code ~~or on~~	38132
~~behalf of an entity that manufactures, packages, and sells, as~~	38133
~~more than fifty per cent of the entity's business, pharmaceutical~~	38134
~~products for human use where the production, packaging, and sale~~	38135
~~of such products are subject to regulation by an agency of the~~	38136
~~United States~~;	38137

(5) Insurance with an initial policy period of more than	38138
three years and that is procured to cover known events related to	38139
environmental remediation that occurred prior to the effective	38140
date of that insurance;	38141

(6) Insurance procured on behalf of an entity that	38142
manufactures, packages, and sells, as more than fifty per cent of	38143
the entity's business, pharmaceutical products for human use where	38144
the production, packaging, and sale of such products are subject	38145
to regulation by an agency of the United States.	38146

(C) In transactions that are subject to sections 3905.30 to	38147
3905.35 of the Revised Code, each person licensed under section	38148
3905.30 of the Revised Code shall pay to the treasurer of state,	38149
on or before the thirty-first day of January of each year, five	38150
per cent of the balance of the gross premiums charged for	38151
insurance placed or procured under the license after a deduction	38152
for return premiums, as reported on a form prescribed by the	38153
treasurer of state. The tax shall be collected from the insured by	38154
the surplus line broker who placed or procured the policy of	38155
insurance at the time the policy is delivered to the insured. No	38156
license issued under section 3905.30 of the Revised Code shall be	38157
renewed until payment is made. If the tax is not paid when due,	38158
the tax shall be increased by a penalty of twenty-five per cent.	38159
An interest charge computed as set forth in section 5725.221 of	38160
the Revised Code shall be made on the entire sum of the tax plus	38161
penalty, which interest shall be computed from the date the tax is	38162
due until it is paid. For purposes of this section, payment is	38163
considered made when it is received by the treasurer of state,	38164
irrespective of any United States postal service marking or other	38165
stamp or mark indicating the date on which the payment may have	38166
been mailed.	38167

Sec. 3923.281. (A) As used in this section:

38168

(1) "Biologically based mental illness" means schizophrenia,	38169
schizoaffective disorder, major depressive disorder, bipolar	38170
disorder, paranoia and other psychotic disorders,	38171
obsessive-compulsive disorder, and panic disorder, as these terms	38172
are defined in the most recent edition of the diagnostic and	38173
statistical manual of mental disorders published by the American	38174
psychiatric association.	38175

(2) "Policy of sickness and accident insurance" has the same	38176
meaning as in section 3923.01 of the Revised Code, but excludes	38177
any hospital indemnity, medicare supplement, long-term care,	38178
disability income, one-time-limited-duration policy of not longer	38179
than six months, supplemental benefit, or other policy that	38180
provides coverage for specific diseases or accidents only; any	38181
policy that provides coverage for workers' compensation claims	38182
compensable pursuant to Chapters 4121. and 4123. of the Revised	38183
Code; and any policy that provides coverage to beneficiaries	38184
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620	38185
(1935), 42 U.S.C.A. 301, as amended, known as the medical	38186
assistance program or medicaid, as provided by the Ohio department	38187
of job and family services under Chapter 5111. of the Revised	38188
Code.	38189

(B) Notwithstanding section 3901.71 of the Revised Code, and	38190
subject to division (E) of this section, every ~~group~~ policy of	38191
sickness and accident insurance shall provide benefits for the	38192
diagnosis and treatment of biologically based mental illnesses on	38193
the same terms and conditions as, and shall provide benefits no	38194
less extensive than, those provided under the policy of sickness	38195
and accident insurance for the treatment and diagnosis of all	38196
other physical diseases and disorders, if both of the following	38197
apply:	38198

(1) The biologically based mental illness is clinically	38199
diagnosed by a physician authorized under Chapter 4731. of the	38200
Revised Code to practice medicine and surgery or osteopathic	38201
medicine and surgery; a psychologist licensed under Chapter 4732.	38202
of the Revised Code; a professional clinical counselor,	38203
professional counselor, or independent social worker licensed	38204
under Chapter 4757. of the Revised Code; or a clinical nurse	38205
specialist licensed under Chapter 4723. of the Revised Code whose	38206
nursing specialty is mental health.	38207

(2) The prescribed treatment is not experimental or	38208
investigational, having proven its clinical effectiveness in	38209
accordance with generally accepted medical standards.	38210

(C) Division (B) of this section applies to all coverages and	38211
terms and conditions of the policy of sickness and accident	38212
insurance, including, but not limited to, coverage of inpatient	38213
hospital services, outpatient services, and medication; maximum	38214
lifetime benefits; copayments; and individual and family	38215
deductibles.	38216

(D) Nothing in this section shall be construed as prohibiting	38217
a sickness and accident insurance company from taking any of the	38218
following actions:	38219

(1) Negotiating separately with mental health care providers	38220
with regard to reimbursement rates and the delivery of health care	38221
services;	38222

(2) Offering policies that provide benefits solely for the	38223
diagnosis and treatment of biologically based mental illnesses;	38224

(3) Managing the provision of benefits for the diagnosis or	38225
treatment of biologically based mental illnesses through the use	38226
of pre-admission screening, by requiring beneficiaries to obtain	38227
authorization prior to treatment, or through the use of any other	38228
mechanism designed to limit coverage to that treatment determined	38229
to be necessary;	38230

(4) Enforcing the terms and conditions of a policy of	38231
sickness and accident insurance.	38232

(E) An insurer that offers ~~a group~~any policy of sickness and	38233
accident insurance is not required to provide benefits for the	38234
diagnosis and treatment of biologically based mental illnesses	38235
pursuant to division (B) of this section if all of the following	38236
apply:	38237

(1) The insurer submits documentation certified by an	38238
independent member of the American academy of actuaries to the	38239
superintendent of insurance showing that incurred claims for	38240
diagnostic and treatment services for biologically based mental	38241
illnesses for a period of at least six months independently caused	38242
the insurer's costs for claims and administrative expenses for the	38243
coverage of all other physical diseases and disorders to increase	38244
by more than one per cent per year.	38245

(2) The insurer submits a signed letter from an independent	38246
member of the American academy of actuaries to the superintendent	38247
of insurance opining that the increase described in division	38248
(E)(1) of this section could reasonably justify an increase of	38249
more than one per cent in the annual premiums or rates charged by	38250
the insurer for the coverage of all other physical diseases and	38251
disorders.	38252

(3) The superintendent of insurance makes the following	38253
determinations from the documentation and opinion submitted	38254
pursuant to divisions (E)(1) and (2) of this section:	38255

(a) Incurred claims for diagnostic and treatment services for	38256
biologically based mental illnesses for a period of at least six	38257
months independently caused the insurer's costs for claims and	38258
administrative expenses for the coverage of all other physical	38259
diseases and disorders to increase by more than one per cent per	38260
year.	38261

(b) The increase in costs reasonably justifies an increase of	38262
more than one per cent in the annual premiums or rates charged by	38263
the insurer for the coverage of all other physical diseases and	38264
disorders.	38265

Any determination made by the superintendent under this	38266
division is subject to Chapter 119. of the Revised Code.	38267

Sec. 4112.12. (A) There is hereby created the commission on	38268
African-American males, which shall consist of not more than	38269
~~forty-one~~twenty-three members as follows: the directors or their	38270
designees of the departments of health, development, alcohol and	38271
drug addiction services, and job and family services,	38272
~~rehabilitation and correction, mental health, and youth services;~~	38273
~~the adjutant general or the adjutant general's designee~~; the equal	38274
employment opportunity officer of the department of administrative	38275
services or the equal employment opportunity officer's designee;	38276
the executive director or the executive director's designee of the	38277
Ohio civil rights commission; the executive director or the	38278
executive director's designee of the division of criminal justice	38279
services in the department of public safety; the superintendent of	38280
public instruction; the chancellor or the chancellor's designee of	38281
the Ohio board of regents; two members of the house of	38282
representatives appointed by the speaker of the house of	38283
representatives each of whom shall be members of different	38284
political parties; ~~three~~and two members of the senate appointed	38285
by the president of the senate~~; and not more than twenty-three~~	38286
~~members appointed by the governor~~each of whom shall be members of	38287
different political parties. The members ~~appointed by the~~	38288
~~governor shall include an additional member of the governor's~~	38289
~~cabinet and at least one representative of each of the following:~~	38290
~~the national association for the advancement of colored people;~~	38291
~~the urban league; an organization representing black elected~~	38292
~~officials; an organization representing black attorneys; the black~~	38293
~~religious community; the black business community; the nonminority~~	38294
~~business community; and organized labor; at least one black~~	38295
~~medical doctor, one black elected member of a school board, and~~	38296
~~one black educator; and at least two representatives of local~~	38297
~~private industry councils. The remaining members that may be~~	38298
~~appointed by the governor shall be selected from elected~~	38299
~~officials, civic and community leaders, and representatives of the~~	38300
~~employment, criminal justice, education, and health communities~~	38301
who are members of the general assembly shall be nonvoting	38302
members. The Ohio state university African American and African	38303
studies community extension center, in consultation with the	38304
governor, shall appoint two members from the private corporate	38305
sector, at least four members from the public sector, and two	38306
members from the nonprofit sector.	38307

(B) Terms of office shall be for three years, ~~with each~~	38308
except that members of the general assembly appointed to the	38309
commission shall be members only so long as they are members of	38310
the general assembly. Each term ~~ending~~ends on the same day of the	38311
same month as did the term that it succeeds. Each member shall	38312
hold office from the date of appointment until the end of the term	38313
for which the member was appointed. Members may be reappointed.	38314
Vacancies shall be filled in the manner provided for original	38315
appointments. Any member appointed to fill a vacancy occurring	38316
prior to the expiration date of the term for which the member's	38317
predecessor was appointed shall hold office as a member for the	38318
remainder of that term. A member shall continue in office	38319
subsequent to the expiration date of the member's term until the	38320
member's successor takes office or until a period of sixty days	38321
has elapsed, whichever occurs first.	38322

The commission annually shall elect a chairperson from among	38323
its members.	38324

(C) Members of the commission and members of subcommittees	38325
appointed under division (B) of section 4112.13 of the Revised	38326
Code shall not be compensated, but shall be reimbursed for their	38327
necessary and actual expenses incurred in the performance of their	38328
official duties.	38329

(D)~~(1) The Ohio civil rights commission shall serve as the~~	38330
~~commission on African-American males' fiscal agent and shall~~	38331
~~perform all of the following services:~~	38332

~~(a) Prepare and process payroll and other personnel documents~~	38333
~~that the commission on African-American males approves;~~	38334

~~(b) Maintain ledgers of accounts and reports of account~~	38335
~~balances, and monitor budgets and allotment plans in consultation~~	38336
~~with the commission on African-American males;~~	38337

~~(c) Perform other routine support services that the executive~~	38338
~~director of the Ohio civil rights commission or the~~ ~~executive~~	38339
director's designee and the Commission on African-American males	38340
or its designee consider appropriate to achieve efficiency.	38341

~~(2) The Ohio civil rights commission shall not approve any~~	38342
~~payroll or other personnel-related documents or any biennial~~	38343
~~budget, grant, expenditure, audit, or fiscal-related document~~	38344
~~without the advice and consent of the commission on~~	38345
~~African-American males.~~	38346

~~(3) The Ohio civil rights commission shall determine fees to~~	38347
~~be charged to the commission on African-American males for~~	38348
~~services performed under this division, which shall be in~~	38349
~~proportion to the services performed for the commission on~~	38350
~~African-American males.~~	38351

~~(4) The commission on African-American males or its designee~~	38352
~~has:~~	38353

~~(a) Sole authority to draw funds for any federal program in~~	38354
~~which the commission is authorized to participate;~~	38355

~~(b) Sole authority to expend funds from accounts for programs~~	38356
~~and any other necessary expenses the commission on~~	38357
~~African-American males may incur;~~	38358

~~(c) The duty to cooperate with the Ohio civil rights~~	38359
~~commission to ensure that the Ohio civil rights commission is~~	38360
~~fully apprised of all financial transactions.~~	38361

~~(E)~~ The Ohio state university African American and African	38362
studies community extension center, in consultation with the	38363
governor, shall appoint an executive director of the commission on	38364
African-American males ~~shall appoint an executive director~~, who	38365
shall be in the unclassified civil service. The executive director	38366
shall supervise the commission's activities and report to the	38367
commission and to the Ohio state university African American and	38368
African studies community extension center on the progress of	38369
those activities. The executive director shall do all things	38370
necessary for the efficient and effective implementation of the	38371
duties of the commission.	38372

The responsibilities assigned to the executive director do	38373
not relieve the members of the commission from final	38374
responsibility for the proper performance of the requirements of	38375
this division.	38376

~~(F)~~(E) The commission on African-American males shall do all	38377
of the following:	38378

(1) Employ, promote, supervise, and remove all employees, as	38379
needed, in connection with the performance of its duties under	38380
this section;	38381

(2) Maintain its office in Columbus;

38382

(3) Acquire facilities, equipment, and supplies necessary to	38383
house the commission, its employees, and files and records under	38384
its control, and to discharge any duty imposed upon it by law. The	38385
expense of these acquisitions shall be audited and paid for in the	38386
same manner as other state expenses.	38387

(4) ~~Prepare and submit to the office of budget and management~~	38388
~~a budget for each biennium in accordance with sections 101.55 and~~	38389
~~107.03 of the Revised Code. The budget submitted shall cover the~~	38390
~~costs of the commission and its staff in the discharge of any duty~~	38391
~~imposed upon the commission by law. The commission shall pay its~~	38392
~~own payroll and other operating expenses from appropriation items~~	38393
~~designated by the general assembly. The commission shall not~~	38394
~~delegate any authority to obligate funds.~~	38395

~~(5)~~ Establish the overall policy and management of the	38396
commission in accordance with this chapter;	38397

~~(6)~~(5) Follow all state procurement requirements;

38398

~~(7) Pay fees owed to the Ohio civil rights commission under~~	38399
~~division (D) of this section from the commission on~~	38400
~~African-American males' general revenue fund or from any other~~	38401
~~fund from which the operating expenses of the commission on~~	38402
~~African-American males are paid. Any amounts set aside for a~~	38403
~~fiscal year for the payment of such fees shall be used only for~~	38404
~~the services performed for the commission on African-American~~	38405
~~males by the Ohio civil rights commission in that fiscal year~~(6)	38406
Implement the policies and plans of the Ohio state university	38407
African American and African studies community extension center as	38408
those policies and plans are formulated and adopted by the Ohio	38409
state university African American and African studies community	38410
extension center;	38411

(7) Report to the Ohio state university African American and	38412
African studies community extension center on the progress of the	38413
commission on African-American males in implementing the policies	38414
and plans of the Ohio state university African American and	38415
African studies community extension center.	38416

~~(G)~~(F) The commission on African-American males may:

38417

(1) Hold sessions at any place within the state, except that	38418
the commission on African-American males shall meet at least	38419
quarterly;	38420

(2) Establish, change, or abolish positions, and assign and	38421
reassign duties and responsibilities of any employee of the	38422
commission on African-American males as necessary to achieve the	38423
most efficient performance of its functions.	38424

(G) The Ohio state university African American and African	38425
studies community extension center shall establish the overall	38426
policy and management of the commission on African-American males	38427
and shall direct, manage, and oversee the commission. The Ohio	38428
state university African American and African studies community	38429
extension center shall develop overall policies and plans, and the	38430
commission on African-American males shall implement those	38431
policies and plans. The commission on African-American males,	38432
through its executive director, shall keep the Ohio state	38433
university African American and African studies community	38434
extension center informed as to the activities of the commission	38435
on African-American males in such manner and at such times as the	38436
Ohio state university African American and African studies	38437
community extension center shall determine.	38438

The Ohio state university African American and African	38439
studies community extension center may prescribe duties and	38440
responsibilities of the commission on African-American males in	38441
addition to those prescribed in section 4112.13 of the Revised	38442
Code.	38443

(H) The Ohio state university African American and African	38444
studies community extension center annually shall contract for a	38445
report on the status of African-Americans in this state. Issues to	38446
be evaluated in the report shall include the criminal justice	38447
system, education, employment, health care, and housing, and such	38448
other issues as the Ohio state university African American and	38449
African studies community extension center may specify. The report	38450
shall include policy recommendations relating to the issues	38451
covered in the report.	38452

Sec. 4112.13. (A) ~~The~~In addition to any duties and	38453
responsibilities that the Ohio state university African American	38454
and African studies community extension center may prescribe for	38455
the commission on African-American males under section 4112.12 of	38456
the Revised Code, the commission on African-American males shall	38457
do all of the following:	38458

(1) Oversee and supervise four separate and distinct	38459
subcommittees devoted to solving problems and advancing	38460
recommendations exclusively pertinent to black males in the areas	38461
of unemployment, criminal justice, education, and health;	38462

(2) Conduct research to determine the nature and extent of	38463
the problems concerning black males in the four areas targeted in	38464
division (A)(1) of this section;	38465

(3) Hold public hearings for the purpose of collecting data;

38466

(4) Identify existing federal, state, and local programs that	38467
address problems and solutions relevant to the four targeted areas	38468
of study;	38469

(5) Implement appropriate new programs and demonstration	38470
projects especially designed for black males;	38471

(6) Develop and implement community education and public	38472
awareness programs especially designed for black males;	38473

(7) Develop strategies to improve the social condition of	38474
black males;	38475

(8) Report to the governor, the general assembly, the auditor	38476
of state, the secretary of state, the attorney general, and the	38477
chief justice of the Ohio supreme court at least biennially on the	38478
activities, findings, and recommendations of the commission;	38479

(9) Accept gifts, grants, donations, contributions, benefits,	38480
and other funds from any public agency or private source to carry	38481
out any or all of the commission's powers or duties. Such funds	38482
shall be deposited in the commission on African-American males	38483
fund, which is hereby created in the state treasury. All gifts,	38484
grants, donations, contributions, benefits, and other funds	38485
received by the commission under division (A)(9) of this section,	38486
when appropriated to the commission, shall be used solely to	38487
support the operations of the commission.	38488

(B) The ~~chairman~~chairperson of the commission may appoint	38489
any number of individuals to serve on the subcommittees created in	38490
division (A)(1) of this section. Members of subcommittees serve at	38491
the discretion of the ~~chairman~~chairperson.	38492

Sec. 4141.09. (A) There is hereby created an unemployment	38493
compensation fund to be administered by the state without	38494
liability on the part of the state beyond the amounts paid into	38495
the fund and earned by the fund. The unemployment compensation	38496
fund shall consist of all contributions, payments in lieu of	38497
contributions described in sections 4141.241 and 4141.242 of the	38498
Revised Code, reimbursements of the federal share of extended	38499
benefits described in section 4141.301 of the Revised Code,	38500
collected under sections 4141.01 to 4141.46 of the Revised Code,	38501
together with all interest earned upon any moneys deposited with	38502
the secretary of the treasury of the United States to the credit	38503
of the account of this state in the unemployment trust fund	38504
established and maintained pursuant to section 904 of the "Social	38505
Security Act," any property or securities acquired through the use	38506
of moneys belonging to the fund, and all earnings of such property	38507
or securities. The unemployment compensation fund shall be used to	38508
pay benefits and refunds as provided by such sections and for no	38509
other purpose.	38510

(B) The treasurer of state shall be the custodian of the	38511
unemployment compensation fund and shall administer such fund in	38512
accordance with the directions of the director of job and family	38513
services. All disbursements therefrom shall be paid by the	38514
treasurer of state on warrants drawn by the director. Such	38515
warrants may bear the facsimile signature of the director printed	38516
thereon and that of a deputy or other employee of the director	38517
charged with the duty of keeping the account of the unemployment	38518
compensation fund and with the preparation of warrants for the	38519
payment of benefits to the persons entitled thereto. Moneys in the	38520
clearing and benefit accounts shall not be commingled with other	38521
state funds, except as provided in division (C) of this section,	38522
but shall be maintained in separate accounts on the books of the	38523
depositary bank. Such money shall be secured by the depositary	38524
bank to the same extent and in the same manner as required by	38525
sections 135.01 to 135.21 of the Revised Code; and collateral	38526
pledged for this purpose shall be kept separate and distinct from	38527
any collateral pledged to secure other funds of this state. All	38528
sums recovered for losses sustained by the unemployment	38529
compensation fund shall be deposited therein. The treasurer of	38530
state shall be liable on the treasurer's official bond for the	38531
faithful performance of the treasurer's duties in connection with	38532
the unemployment compensation fund, such liability to exist in	38533
addition to any liability upon any separate bond.	38534

(C) The treasurer of state shall maintain within the	38535
unemployment compensation fund three separate accounts which shall	38536
be a clearing account, ~~an unemployment~~a trust fund account, and a	38537
benefit account. All moneys payable to the unemployment	38538
compensation fund, upon receipt ~~thereof~~ by the director, shall be	38539
forwarded to the treasurer of state, who shall immediately deposit	38540
them in the clearing account. Refunds of contributions, or	38541
payments in lieu of contributions, payable pursuant to division	38542
(E) of this section may be paid from the clearing account upon	38543
warrants signed by a deputy or other employee of the director	38544
charged with the duty of keeping the record of the clearing	38545
account and with the preparation of warrants for the payment of	38546
refunds to persons entitled thereto. After clearance thereof, all	38547
moneys in the clearing account shall be deposited with the	38548
secretary of the treasury of the United States to the credit of	38549
the account of this state in the unemployment trust fund	38550
established and maintained pursuant to section 904 of the "Social	38551
Security Act," in accordance with requirements of the "Federal	38552
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301,	38553
3304(a)(3), any law in this state relating to the deposit,	38554
administration, release, or disbursement of moneys in the	38555
possession or custody of this state to the contrary	38556
notwithstanding. The benefit account shall consist of all moneys	38557
requisitioned from this state's account in the unemployment trust	38558
fund. Federal funds~~, other than funds received by the director~~	38559
~~under divisions (I) and (J) of this section, received for payment~~	38560
~~of federal benefits~~ may be deposited, at the director's	38561
discretion, into the benefit account. Any funds deposited into the	38562
benefit account shall be disbursed solely for payment of benefits	38563
under a federal program administered by this state~~. Moneys so~~	38564
~~requisitioned shall be used solely for the payment of benefits~~ and	38565
for no other purpose. Moneys in the clearing and benefit accounts	38566
may be deposited by the treasurer of state, under the direction of	38567
the director, in any bank or public depositary in which general	38568
funds of the state may be deposited, but no public deposit	38569
insurance charge or premium shall be paid out of the fund.	38570

(D) Moneys shall be requisitioned from this state's account	38571
in the unemployment trust fund solely for the payment of benefits	38572
and in accordance with regulations prescribed by the director. The	38573
director shall requisition from the unemployment trust fund such	38574
amounts, not exceeding the amount standing to this state's account	38575
therein, as are deemed necessary for the payment of benefits for a	38576
reasonable future period. Upon receipt thereof, the treasurer of	38577
state shall deposit such moneys in the benefit account.	38578
Expenditures of such money in the benefit account and refunds from	38579
the clearing account shall not require specific appropriations or	38580
other formal release by state officers of money in their custody.	38581
Any balance of moneys requisitioned from the unemployment trust	38582
fund which remains unclaimed or unpaid in the benefit account	38583
after the expiration of the period for which such sums were	38584
requisitioned shall either be deducted from estimates for and may	38585
be utilized for the payment of benefits during succeeding periods,	38586
or, in the discretion of the director, shall be redeposited with	38587
the secretary of the treasury of the United States to the credit	38588
of this state's account in the unemployment trust fund, as	38589
provided in division (C) of this section. Unclaimed or unpaid	38590
federal funds redeposited with the secretary of the treasury of	38591
the United States shall be credited to the appropriate federal	38592
account.	38593

(E) No claim for an adjustment or a refund on contribution,	38594
payment in lieu of contributions, interest, or forfeiture alleged	38595
to have been erroneously or illegally assessed or collected, or	38596
alleged to have been collected without authority, and no claim for	38597
an adjustment or a refund of any sum alleged to have been	38598
excessive or in any manner wrongfully collected shall be allowed	38599
unless an application, in writing, therefor is made within four	38600
years from the date on which such payment was made. If the	38601
director determines that such contribution, payment in lieu of	38602
contributions, interest, or forfeiture, or any portion thereof,	38603
was erroneously collected, the director shall allow such employer	38604
to make an adjustment thereof without interest in connection with	38605
subsequent contribution payments, or payments in lieu of	38606
contributions, by the employer, or the director may refund said	38607
amount, without interest, from the clearing account of the	38608
unemployment compensation fund, except as provided in division (B)	38609
of section 4141.11 of the Revised Code. For like cause and within	38610
the same period, adjustment or refund may be so made on the	38611
director's own initiative. An overpayment of contribution, payment	38612
in lieu of contributions, interest, or forfeiture for which an	38613
employer has not made application for refund prior to the date of	38614
sale of the employer's business shall accrue to the employer's	38615
successor in interest.	38616

An application for an adjustment or a refund, or any portion	38617
thereof, that is rejected is binding upon the employer unless,	38618
within thirty days after the mailing of a written notice of	38619
rejection to the employer's last known address, or, in the absence	38620
of mailing of such notice, within thirty days after the delivery	38621
of such notice, the employer files an application for a review and	38622
redetermination setting forth the reasons therefor. The director	38623
shall promptly examine the application for review and	38624
redetermination, and if a review is granted, the employer shall be	38625
promptly notified thereof, and shall be granted an opportunity for	38626
a prompt hearing.	38627

(F) If the director finds that contributions have been paid	38628
to the director in error, and that such contributions should have	38629
been paid to a department of another state or of the United States	38630
charged with the administration of an unemployment compensation	38631
law, the director may upon request by such department or upon the	38632
director's own initiative transfer to such department the amount	38633
of such contributions, less any benefits paid to claimants whose	38634
wages were the basis for such contributions. The director may	38635
request and receive from such department any contributions or	38636
adjusted contributions paid in error to such department which	38637
should have been paid to the director.	38638

(G) In accordance with section 303(c)(3) of the Social	38639
Security Act, and section 3304(a)(17) of the Internal Revenue Code	38640
of 1954 for continuing certification of Ohio unemployment	38641
compensation laws for administrative grants and for tax credits,	38642
any interest required to be paid on advances under Title XII of	38643
the Social Security Act shall be paid in a timely manner and shall	38644
not be paid, directly or indirectly, by an equivalent reduction in	38645
the Ohio unemployment taxes or otherwise, by the state from	38646
amounts in the unemployment compensation fund.	38647

(H) The treasurer of state, under the direction of the	38648
director and in accordance with the "Cash Management Improvement	38649
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit	38650
amounts of interest earned by the state on funds in the benefit	38651
account established pursuant to division (C) of this section into	38652
the department of job and family services banking fees fund, which	38653
is hereby created in the state treasury for the purpose of paying	38654
related banking costs incurred by the state for the period for	38655
which the interest is calculated, except that if the deposited	38656
interest exceeds the banking costs incurred by the state for the	38657
period for which the interest is calculated, the treasurer of	38658
state shall deposit the excess interest into the unemployment	38659
trust fund.	38660

(I) ~~The treasurer of state, under the direction of the~~	38661
~~director, shall deposit federal funds received by the director for~~	38662
~~the payment of benefits, job search, relocation, transportation,~~	38663
~~and subsistence allowances pursuant to the "Trade Act of 1974," 88~~	38664
~~Stat. 1978, 19 U.S.C.A. 2101, as amended; the "North American Free~~	38665
~~Trade Implementation Act of 1993," 107 Stat. 2057, 19 U.S.C.A.~~	38666
~~3301, as amended; and the "Trade Act of 2002," 116 Stat. 993, 19~~	38667
~~U.S.C.A. 3801, as amended, into the Trade Act benefit account,~~	38668
~~which is hereby created for the purpose of making payments~~	38669
~~specified under those acts.~~	38670

~~(J)~~ The treasurer of state, under the direction of the	38671
director, shall deposit federal funds received by the director for	38672
training and administration and for payment of benefits, job	38673
search, relocation, transportation, and subsistence allowances	38674
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	38675
2101, as amended; the "North American Free Trade Agreement	38676
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as	38677
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A.	38678
3801, as amended, into the Trade Act training and administration	38679
account, which is hereby created for the purpose of making	38680
payments specified under those acts. The treasurer of state, under	38681
the direction of the director, may transfer funds from the Trade	38682
Act training and administration account to the benefit account for	38683
the purpose of making any payments directly to claimants for	38684
benefits, job search, relocation, transportation, and subsistence	38685
allowances, as specified by those acts.	38686

Sec. 4301.20. This chapter and Chapter 4303. of the Revised	38687
Code do not prevent the following:	38688

(A) The storage of intoxicating liquor in bonded warehouses,	38689
established in accordance with the acts of congress and under the	38690
regulation of the United States, located in this state, or the	38691
transportation of intoxicating liquor to or from bonded warehouses	38692
of the United States wherever located;	38693

(B) A bona fide resident of this state who is the owner of a	38694
warehouse receipt from obtaining or transporting to the resident's	38695
residence for the resident's own consumption and not for resale	38696
spirituous liquor stored in a government bonded warehouse in this	38697
state or in another state prior to December 1933, subject to such	38698
terms as are prescribed by the division of liquor control;	38699

(C) The manufacture of cider from fruit for the purpose of	38700
making vinegar, and nonintoxicating cider and fruit juices for use	38701
and sale;	38702

(D) A licensed physician or dentist from administering or	38703
dispensing intoxicating liquor or alcohol to a patient in good	38704
faith in the actual course of the practice of the physician's or	38705
dentist's profession;	38706

(E) The sale of alcohol to physicians, dentists, druggists,	38707
veterinary surgeons, manufacturers, hospitals, infirmaries, or	38708
medical or educational institutions using the alcohol for	38709
medicinal, mechanical, chemical, or scientific purposes;	38710

(F) The sale, gift, or keeping for sale by druggists and	38711
others of any of the medicinal preparations manufactured in	38712
accordance with the formulas prescribed by the United States	38713
Pharmacopoeia and National Formulary, patent or proprietary	38714
preparations, and other bona fide medicinal and technical	38715
preparations, which contain no more alcohol than is necessary to	38716
hold the medicinal agents in solution and to preserve the same,	38717
which are manufactured and sold as medicine and not as beverages,	38718
are unfit for use for beverage purposes, and the sale of which	38719
does not require the payment of a United States liquor dealer's	38720
tax;	38721

(G) The manufacture and sale of tinctures or of toilet,	38722
medicinal, and antiseptic preparations and solutions not intended	38723
for internal human use nor to be sold as beverages, and which are	38724
unfit for beverage purposes, if upon the outside of each bottle,	38725
box, or package of which there is printed in the English language,	38726
conspicuously and legibly, the quantity by volume of alcohol in	38727
the preparation or solution;	38728

(H) The manufacture and keeping for sale of the food products	38729
known as flavoring extracts when manufactured and sold for	38730
cooking, culinary, or flavoring purposes, and which are unfit for	38731
use for beverage purposes;	38732

(I) The lawful sale of wood alcohol or of ethyl alcohol for	38733
external use when combined with other substances as to make it	38734
unfit for internal use;	38735

(J) The manufacture, sale, and transport of ethanol or ethyl	38736
alcohol for use as fuel. As used in this division, "ethanol" has	38737
the same meaning as in section 5733.46 of the Revised Code.	38738

(K) The purchase and importation into this state of	38739
intoxicating liquor for use in manufacturing processes of	38740
nonbeverage food products under terms prescribed by the division,	38741
provided that the terms prescribed by the division shall not	38742
increase the cost of the intoxicating liquor to any person, firm,	38743
or corporation purchasing and importing it into this state for	38744
that use;	38745

~~(K)~~(L) Any resident of this state or any member of the armed	38746
forces of the United States, who has attained the age of	38747
twenty-one years, from bringing into this state, for personal use	38748
and not for resale, not more than one liter of spirituous liquor	38749
in any thirty-day period, and the same is free of any tax consent	38750
fee when the resident or member of the armed forces physically	38751
possesses and accompanies the spirituous liquor on returning from	38752
a foreign country, another state, or an insular possession of the	38753
United States;	38754

~~(L)~~(M) Persons, at least twenty-one years of age, who collect	38755
ceramic commemorative bottles containing spirituous liquor ~~which~~	38756
that have unbroken federal tax stamps on them from selling or	38757
trading the bottles to other collectors. The bottles ~~must~~shall	38758
originally have been purchased at retail from the division,	38759
legally imported under division ~~(K)~~(L) of this section, or legally	38760
imported pursuant to a supplier registration issued by the	38761
division. The sales shall be for the purpose of exchanging a	38762
ceramic commemorative bottle between private collectors and shall	38763
not be for the purpose of selling the spirituous liquor for	38764
personal consumption. The sale or exchange authorized by this	38765
division shall not occur on the premises of any permit holder,	38766
shall not be made in connection with the business of any permit	38767
holder, and shall not be made in connection with any mercantile	38768
business.	38769

Sec. 4301.24. Except as provided in section 4301.242 of the	38770
Revised Code, no manufacturer shall aid or assist the holder of	38771
any permit for sale at wholesale, and no manufacturer or wholesale	38772
distributor shall aid or assist the holder of any permit for sale	38773
at retail, by gift or loan of any money or property of any	38774
description or other valuable thing, or by giving premiums or	38775
rebates. Except as provided in section 4301.242 of the Revised	38776
Code, no holder of any such permit shall accept the same, provided	38777
that the manufacturer or wholesale distributor may furnish to a	38778
retail permittee the inside signs or advertising and the tap signs	38779
or devices authorized by divisions (E) and (F) of section 4301.22	38780
of the Revised Code.	38781

No manufacturer shall have any financial interest, directly	38782
or indirectly, by stock ownership, or through interlocking	38783
directors in a corporation, or otherwise, in the establishment,	38784
maintenance, or promotion in the business of any wholesale	38785
distributor. No retail permit holder shall have any interest,	38786
directly or indirectly, in the operation of, or any ownership in,	38787
the business of any wholesale distributor or manufacturer.	38788

No manufacturer shall, except as authorized by section	38789
4303.021 of the Revised Code, have any financial interest,	38790
directly or indirectly, by stock ownership, or through	38791
interlocking directors in a corporation, or otherwise, in the	38792
establishment, maintenance, or promotion of the business of any	38793
retail dealer. No wholesale distributor or employee of a wholesale	38794
distributor shall have any financial interest, directly or	38795
indirectly, by stock ownership, interlocking directors in a	38796
corporation, or otherwise, in the establishment, maintenance, or	38797
promotion of the business of any retail dealer. No manufacturer or	38798
wholesale distributor or any stockholder of a manufacturer or	38799
wholesale distributor shall acquire, by ownership in fee,	38800
leasehold, mortgage, or otherwise, directly or indirectly, any	38801
interest in the premises on which the business of any other person	38802
engaged in the business of trafficking in beer or intoxicating	38803
liquor is conducted. All contracts, covenants, conditions, and	38804
limitations whereby any person engaged or proposing to engage in	38805
the sale of beer or intoxicating liquors promises to confine the	38806
person's sales of a particular kind or quality of beer or	38807
intoxicating liquor to one or more products, or the products of a	38808
specified manufacturer or wholesale distributor, or to give	38809
preference to those products, shall to the extent of that promise	38810
be void. The making of a promise in any such form shall be cause	38811
for the revocation or suspension of any permit issued to any	38812
party. This section does not prevent the holder of an A permit	38813
from securing and holding a wholesale distributor's permit or	38814
permits and operating as a wholesale distributor.	38815

No manufacturer shall sell or offer to sell to any wholesale	38816
distributor or retail permit holder, no wholesale distributor	38817
shall sell or offer to sell to any retail permit holder, and no	38818
wholesale distributor or retail permit holder shall purchase or	38819
receive from any manufacturer or wholesale distributor, any beer,	38820
brewed beverages, or wine manufactured in the United States except	38821
for cash. No right of action shall exist to collect any claims for	38822
credit extended contrary to this section. This section does not	38823
prohibit a licensee from crediting to a purchaser the actual	38824
prices charged for packages or containers returned by the original	38825
purchaser as a credit on any sale or from refunding to any	38826
purchaser the amount paid by that purchaser for containers or as a	38827
deposit on containers when title is retained by the vendor, if	38828
those containers or packages have been returned to the	38829
manufacturer or distributor. This section does not prohibit a	38830
manufacturer from extending usual and customary credit for beer,	38831
brewed beverages, or wine manufactured in the United States and	38832
sold to customers who live or maintain places of business outside	38833
this state when the beverages so sold are actually transported and	38834
delivered to points outside this state. No wholesale or retail	38835
permit shall be issued to an applicant unless the applicant has	38836
paid in full all accounts for beer or wine, manufactured in the	38837
United States, outstanding as of September 6, 1939. No beer or	38838
wine manufactured in the United States shall be imported into the	38839
state unless the beer or wine has been paid for in cash, and no	38840
supplier registration for any such beer or wine manufactured in	38841
the United States shall be issued by the division of liquor	38842
control until the A-2, B-1, or B-5 permit holder establishes to	38843
the satisfaction of the division that the beer or wine has been	38844
paid for in cash.	38845

This section does not prevent a manufacturer from securing	38846
and holding any financial interest, directly or indirectly, by	38847
stock ownership or through interlocking directors in a	38848
corporation, or otherwise, in the establishment, maintenance, or	38849
promotion of the business or premises of any C or D permit holder,	38850
provided that the following conditions are met:	38851

(A) Either the manufacturer or one of its parent companies is	38852
listed on a national securities exchange.	38853

(B) All purchases of alcoholic beverages by the C or D permit	38854
holder are made from wholesale distributors in this state or	38855
agency stores licensed by the division of liquor control.	38856

(C) If the C or D permit holder sells brands of alcoholic	38857
beverages that are produced or distributed by the manufacturer	38858
that holds the financial interest, the C or D permit holder also	38859
sells other competing brands of alcoholic beverages produced by	38860
other manufacturers, no preference is given to the products of the	38861
manufacturer, and there is no exclusion, in whole or in part, of	38862
products sold or offered for sale by other manufacturers,	38863
suppliers, or importers of alcoholic beverages that constitutes a	38864
substantial impairment of commerce.	38865

(D) The primary purpose of the C or D permit premises is a	38866
purpose other than to sell alcoholic beverages, and the sale of	38867
other goods and services exceeds fifty per cent of the total gross	38868
receipts of the C or D permit holder at its premises.	38869

This section does not prevent a manufacturer from giving	38870
financial assistance to the holder of a B permit for the purpose	38871
of the holder purchasing an ownership interest in the business,	38872
existing inventory and equipment, or property of another B permit	38873
holder, including, but not limited to, participation in a limited	38874
liability partnership, limited liability company, or any other	38875
legal entity authorized to do business in this state. This section	38876
does not permit a manufacturer to give financial assistance to the	38877
holder of a B permit to purchase inventory or equipment used in	38878
the daily operation of a B permit holder.	38879

This section does not prevent a manufacturer from securing	38880
and holding a B-2a permit or permits and operating as a wholesale	38881
distributor.	38882

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	38883
the Revised Code:	38884

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	38885
fluid ounces.	38886

(2) "Sale" or "sell" includes exchange, barter, gift,	38887
distribution, and, except with respect to A-4 permit holders,	38888
offer for sale.	38889

(B) For the purposes of providing revenues for the support of	38890
the state and encouraging the grape industries in the state, a tax	38891
is hereby levied on the sale or distribution of wine in Ohio,	38892
except for known sacramental purposes, at the rate of thirty cents	38893
per wine gallon for wine containing not less than four per cent of	38894
alcohol by volume and not more than fourteen per cent of alcohol	38895
by volume, ninety-eight cents per wine gallon for wine containing	38896
more than fourteen per cent but not more than twenty-one per cent	38897
of alcohol by volume, one dollar and eight cents per wine gallon	38898
for vermouth, and one dollar and forty-eight cents per wine gallon	38899
for sparkling and carbonated wine and champagne, the tax to be	38900
paid by the holders of A-2 and B-5 permits or by any other person	38901
selling or distributing wine upon which no tax has been paid. From	38902
the tax paid under this section on wine, vermouth, and sparkling	38903
and carbonated wine and champagne, the treasurer of state shall	38904
credit to the Ohio grape industries fund created under section	38905
924.54 of the Revised Code a sum equal to one cent per gallon for	38906
each gallon upon which the tax is paid.	38907

(C) For the purpose of providing revenues for the support of	38908
the state, there is hereby levied a tax on prepared and bottled	38909
highballs, cocktails, cordials, and other mixed beverages at the	38910
rate of one dollar and twenty cents per wine gallon to be paid by	38911
holders of A-4 permits or by any other person selling or	38912
distributing those products upon which no tax has been paid. Only	38913
one sale of the same article shall be used in computing the amount	38914
of tax due. The tax on mixed beverages to be paid by holders of	38915
A-4 permits under this section shall not attach until the	38916
ownership of the mixed beverage is transferred for valuable	38917
consideration to a wholesaler or retailer, and no payment of the	38918
tax shall be required prior to that time.	38919

(D) During the period of July 1, ~~2005~~2007, through June 30,	38920
~~2007~~2009, from the tax paid under this section on wine, vermouth,	38921
and sparkling and carbonated wine and champagne, the treasurer of	38922
state shall credit to the Ohio grape industries fund created under	38923
section 924.54 of the Revised Code a sum equal to two cents per	38924
gallon upon which the tax is paid. The amount credited under this	38925
division is in addition to the amount credited to the Ohio grape	38926
industries fund under division (B) of this section.	38927

(E) For the purpose of providing revenues for the support of	38928
the state, there is hereby levied a tax on cider at the rate of	38929
twenty-four cents per wine gallon to be paid by the holders of A-2	38930
and B-5 permits or by any other person selling or distributing	38931
cider upon which no tax has been paid. Only one sale of the same	38932
article shall be used in computing the amount of the tax due.	38933

Sec. 4303.03. Permit A-2 may be issued to a manufacturer to	38934
manufacture wine from grapes or other fruits; to import and	38935
purchase wine in bond for blending purposes, the total amount of	38936
wine so imported during the year covered by the permit not to	38937
exceed forty per cent of all the wine manufactured and imported;	38938
to manufacture, purchase, and import brandy for fortifying	38939
purposes; and to sell those products either in glass or container	38940
for consumption on the premises where manufactured~~, for home use~~,	38941
in sealed containers for consumption off the premises where	38942
manufactured, and to ~~retail and~~ wholesale permit holders under the	38943
rules adopted by the division of liquor control.	38944

The fee for this permit is ~~one hundred twenty-six~~seventy-six	38945
dollars for each plant to which this permit is issued.	38946

Sec. 4303.071. (A)(1) Except as otherwise provided in	38947
division (A)(2) of this section, permit B-2a may be issued to a	38948
person that manufactures wine, is the brand owner or United States	38949
importer of wine, or is the designated agent of a brand owner or	38950
importer for all wine sold in this state for that owner or	38951
importer. If the person resides outside this state, the person	38952
shall comply with the requirements governing the issuance of	38953
licenses or permits that authorize the sale of intoxicating liquor	38954
by the appropriate authority of the state in which the person	38955
resides or by the tax and trade bureau in the United States	38956
department of the treasury.	38957

(2) A B-2a permit shall only be issued to a manufacturer of	38958
wine that is entitled to a tax credit under 27 C.F.R. 24.278 and	38959
that produces less than one hundred fifty thousand gallons of wine	38960
per year.	38961

(3) The fee for the B-2a permit is twenty-five dollars.

38962

(4) The holder of a B-2a permit may sell wine to a retail	38963
permit holder, but a B-2a permit holder that is a wine	38964
manufacturer may sell to a retail permit holder only wine that the	38965
B-2a permit holder has manufactured.	38966

(5) The holder of a B-2a permit shall renew the permit in	38967
accordance with section 4303.271 of the Revised Code, except that	38968
renewal shall not be subject to the notice and hearing	38969
requirements established in division (B) of that section.	38970

(B) The holder of a B-2a permit shall collect and pay all	38971
applicable taxes relating to the delivery of a wine to a retailer	38972
including, but not limited to, taxes levied under sections	38973
4301.421 and 4301.43 and Chapters 5739. and 5741. of the Revised	38974
Code.	38975

(C) The holder of a B-2a permit shall comply with this	38976
chapter, Chapter 4301. of the Revised Code, and any rules adopted	38977
by the liquor control commission under section 4301.03 of the	38978
Revised Code.	38979

Sec. 4303.232. (A)(1) Except as provided in division (A)(2)	38980
of this section, permit S may be issued to a person that	38981
manufactures wine, is the brand owner or United States importer of	38982
wine, or is the designated agent of a brand owner or importer for	38983
all wine sold in this state for that owner or importer. If the	38984
person resides outside this state, the person shall comply with	38985
the requirements governing the issuance of licenses or permits	38986
that authorize the sale of intoxicating liquor by the appropriate	38987
authority of the state in which the person resides or by the tax	38988
and trade bureau of the United States department of the treasury.	38989

(2) An S permit shall only be issued to a manufacturer of	38990
wine that is entitled to a tax credit under 27 C.F.R. 24.278 and	38991
that produces less than one hundred fifty thousand gallons of wine	38992
per year.	38993

(3) The fee for the S permit is twenty-five dollars.

38994

(4) The holder of an S permit may sell wine to a personal	38995
consumer by receiving and filling orders that the personal	38996
consumer submits to the permit holder. The permit holder shall	38997
sell only wine that the permit holder has manufactured to a	38998
personal consumer.	38999

(5) The holder of an S permit shall renew the permit in	39000
accordance with section 4303.271 of the Revised Code, except that	39001
the renewal shall not be subject to the notice and hearing	39002
requirements established in division (B) of that section.	39003

(6) The division of liquor control may refuse to renew an S	39004
permit for any of the reasons specified in section 4303.292 of the	39005
Revised Code or if the holder of the permit fails to do any of the	39006
following:	39007

(a) Collect and pay all applicable taxes specified in	39008
division (B) of this section;	39009

(b) Pay the permit fee;

39010

(c) Comply with this section or any rules adopted by the	39011
liquor control commission under section 4301.03 of the Revised	39012
Code.	39013

(B) The holder of an S permit shall collect and pay all	39014
applicable taxes relating to the delivery of wine to a personal	39015
consumer, including, but not limited to, taxes levied under	39016
sections 4301.421 and 4301.43 and Chapters 5739. and 5741. of the	39017
Revised Code.	39018

(C)(1) The holder of an S permit shall send a shipment of	39019
wine that has been paid for by a personal consumer to that	39020
personal consumer via the holder of an H permit. Prior to sending	39021
a shipment of wine to a personal consumer, the holder of an S	39022
permit, or an employee of the permit holder, shall make a bona	39023
fide effort to ensure that the personal consumer is at least	39024
twenty-one years of age. The shipment of wine shall be shipped in	39025
a package that clearly has written on it in bold print the words	39026
"alcohol enclosed." No person shall fail to comply with division	39027
(C)(1) of this section.	39028

(2) Upon delivering a shipment of wine to a personal	39029
consumer, the holder of the H permit, or an employee of the permit	39030
holder, shall verify that the personal consumer is at least	39031
twenty-one years of age by checking the personal consumer's	39032
driver's or commercial driver's license or identification card	39033
issued under sections 4507.50 to 4507.52 of the Revised Code.	39034

(3) The holder of an S permit shall keep a record of each	39035
shipment of wine that the permit holder sends to a personal	39036
consumer. The records shall be used for all of the following:	39037

(a) To provide a copy of each wine shipment invoice to the	39038
tax commissioner in a manner prescribed by the commissioner. The	39039
invoice shall include the name of each personal consumer that	39040
purchased wine from the S permit holder in accordance with this	39041
section and any other information required by the tax	39042
commissioner.	39043

(b) To provide annually in electronic format by electronic	39044
means a report to the division. The report shall include the name	39045
and address of each personal consumer that purchased wine from the	39046
S permit holder in accordance with this section, the quantity of	39047
wine purchased by each personal consumer, and any other	39048
information requested by the division. The division shall	39049
prescribe and provide an electronic form for the report and shall	39050
determine the specific electronic means that the S permit holder	39051
must use to submit the report.	39052

(c) To notify a personal consumer of any health or welfare	39053
recalls of the wine that has been purchased by the personal	39054
consumer.	39055

(D) As used in this section, "personal consumer" means an	39056
individual who is at least twenty-one years of age, is a resident	39057
of this state, does not hold a permit issued under this chapter,	39058
and intends to use wine purchased in accordance with this section	39059
for personal consumption only and not for resale or other	39060
commercial purposes.	39061

Sec. 4303.233. No family household shall purchase more than	39062
twenty-four cases of nine-liter bottles of wine in one year.	39063

Sec. 4503.06. (A) The owner of each manufactured or mobile	39064
home that has acquired situs in this state shall pay either a real	39065
property tax pursuant to Title LVII of the Revised Code or a	39066
manufactured home tax pursuant to division (C) of this section.	39067

(B) The owner of a manufactured or mobile home shall pay real	39068
property taxes if either of the following applies:	39069

(1) The manufactured or mobile home acquired situs in the	39070
state or ownership in the home was transferred on or after January	39071
1, 2000, and all of the following apply:	39072

(a) The home is affixed to a permanent foundation as defined	39073
in division (C)(5) of section 3781.06 of the Revised Code.	39074

(b) The home is located on land that is owned by the owner of	39075
the home.	39076

(c) The certificate of title has been inactivated by the	39077
clerk of the court of common pleas that issued it, pursuant to	39078
division (H) of section 4505.11 of the Revised Code.	39079

(2) The manufactured or mobile home acquired situs in the	39080
state or ownership in the home was transferred before January 1,	39081
2000, and all of the following apply:	39082

(a) The home is affixed to a permanent foundation as defined	39083
in division (C)(5) of section 3781.06 of the Revised Code.	39084

(b) The home is located on land that is owned by the owner of	39085
the home.	39086

(c) The owner of the home has elected to have the home taxed	39087
as real property and, pursuant to section 4505.11 of the Revised	39088
Code, has surrendered the certificate of title to the auditor of	39089
the county containing the taxing district in which the home has	39090
its situs, together with proof that all taxes have been paid.	39091

(d) The county auditor has placed the home on the real	39092
property tax list and delivered the certificate of title to the	39093
clerk of the court of common pleas that issued it and the clerk	39094
has inactivated the certificate.	39095

(C)(1) Any mobile or manufactured home that is not taxed as	39096
real property as provided in division (B) of this section is	39097
subject to an annual manufactured home tax, payable by the owner,	39098
for locating the home in this state. The tax as levied in this	39099
section is for the purpose of supplementing the general revenue	39100
funds of the local subdivisions in which the home has its situs	39101
pursuant to this section.	39102

(2) The year for which the manufactured home tax is levied	39103
commences on the first day of January and ends on the following	39104
thirty-first day of December. The state shall have the first lien	39105
on any manufactured or mobile home on the list for the amount of	39106
taxes, penalties, and interest charged against the owner of the	39107
home under this section. The lien of the state for the tax for a	39108
year shall attach on the first day of January to a home that has	39109
acquired situs on that date. The lien for a home that has not	39110
acquired situs on the first day of January, but that acquires	39111
situs during the year, shall attach on the next first day of	39112
January. The lien shall continue until the tax, including any	39113
penalty or interest, is paid.	39114

(3)(a) The situs of a manufactured or mobile home located in	39115
this state on the first day of January is the local taxing	39116
district in which the home is located on that date.	39117

(b) The situs of a manufactured or mobile home not located in	39118
this state on the first day of January, but located in this state	39119
subsequent to that date, is the local taxing district in which the	39120
home is located thirty days after it is acquired or first enters	39121
this state.	39122

(4) The tax is collected by and paid to the county treasurer	39123
of the county containing the taxing district in which the home has	39124
its situs.	39125

(D) The manufactured home tax shall be computed and assessed	39126
by the county auditor of the county containing the taxing district	39127
in which the home has its situs as follows:	39128

(1) On a home that acquired situs in this state prior to	39129
January 1, 2000:	39130

(a) By multiplying the assessable value of the home by the	39131
tax rate of the taxing district in which the home has its situs,	39132
and deducting from the product thus obtained any reduction	39133
authorized under section 4503.065 of the Revised Code. The tax	39134
levied under this formula shall not be less than thirty-six	39135
dollars, unless the home qualifies for a reduction in assessable	39136
value under section 4503.065 of the Revised Code, in which case	39137
there shall be no minimum tax and the tax shall be the amount	39138
calculated under this division.	39139

(b) The assessable value of the home shall be forty per cent	39140
of the amount arrived at by the following computation:	39141

(i) If the cost to the owner, or market value at time of	39142
purchase, whichever is greater, of the home includes the	39143
furnishings and equipment, such cost or market value shall be	39144
multiplied according to the following schedule:	39145

For the first calendar year			39146
in which the			39147
home is owned by the			39148
current owner	x	80%	39149
2nd calendar year	x	75%	39150
3rd "	x	70%	39151
4th "	x	65%	39152
5th "	x	60%	39153
6th "	x	55%	39154
7th "	x	50%	39155
8th "	x	45%	39156
9th "	x	40%	39157
10th and each year thereafter	x	35%	39158

The first calendar year means any period between the first	39159
day of January and the thirty-first day of December of the first	39160
year.	39161

(ii) If the cost to the owner, or market value at the time of	39162
purchase, whichever is greater, of the home does not include the	39163
furnishings and equipment, such cost or market value shall be	39164
multiplied according to the following schedule:	39165

For the first calendar year			39166
in which the			39167
home is owned by the			39168
current owner	x	95%	39169
2nd calendar year	x	90%	39170
3rd "	x	85%	39171
4th "	x	80%	39172
5th "	x	75%	39173
6th "	x	70%	39174
7th "	x	65%	39175
8th "	x	60%	39176
9th "	x	55%	39177
10th and each year thereafter	x	50%	39178

The first calendar year means any period between the first	39179
day of January and the thirty-first day of December of the first	39180
year.	39181

(2) On a home in which ownership was transferred or that	39182
first acquired situs in this state on or after January 1, 2000:	39183

(a) By multiplying the assessable value of the home by the	39184
effective tax rate, as defined in section 323.08 of the Revised	39185
Code, for residential real property of the taxing district in	39186
which the home has its situs, and deducting from the product thus	39187
obtained the reductions required or authorized under section	39188
319.302, division (B) of section 323.152, or section 4503.065 of	39189
the Revised Code.	39190

(b) The assessable value of the home shall be thirty-five per	39191
cent of its true value as determined under division (L) of this	39192
section.	39193

(3) On or before the fifteenth day of January each year, the	39194
county auditor shall record the assessable value and the amount of	39195
tax on the manufactured or mobile home on the tax list and deliver	39196
a duplicate of the list to the county treasurer. In the case of an	39197
emergency as defined in section 323.17 of the Revised Code, the	39198
tax commissioner, by journal entry, may extend the times for	39199
delivery of the duplicate for an additional fifteen days upon	39200
receiving a written application from the county auditor regarding	39201
an extension for the delivery of the duplicate, or from the county	39202
treasurer regarding an extension of the time for the billing and	39203
collection of taxes. The application shall contain a statement	39204
describing the emergency that will cause the unavoidable delay and	39205
must be received by the tax commissioner on or before the last day	39206
of the month preceding the day delivery of the duplicate is	39207
otherwise required. When an extension is granted for delivery of	39208
the duplicate, the time period for payment of taxes shall be	39209
extended for a like period of time. When a delay in the closing of	39210
a tax collection period becomes unavoidable, the tax commissioner,	39211
upon application by the county auditor and county treasurer, may	39212
order the time for payment of taxes to be extended if the tax	39213
commissioner determines that penalties have accrued or would	39214
otherwise accrue for reasons beyond the control of the taxpayers	39215
of the county. The order shall prescribe the final extended date	39216
for payment of taxes for that collection period.	39217

(4) After January 1, 1999, the owner of a manufactured or	39218
mobile home taxed pursuant to division (D)(1) of this section may	39219
elect to have the home taxed pursuant to division (D)(2) of this	39220
section by filing a written request with the county auditor of the	39221
taxing district in which the home is located on or before the	39222
first day of December of any year. Upon the filing of the request,	39223
the county auditor shall determine whether all taxes levied under	39224
division (D)(1) of this section have been paid, and if those taxes	39225
have been paid, the county auditor shall tax the manufactured or	39226
mobile home pursuant to division (D)(2) of this section commencing	39227
in the next tax year.	39228

(5) A manufactured or mobile home that acquired situs in this	39229
state prior to January 1, 2000, shall be taxed pursuant to	39230
division (D)(2) of this section if no manufactured home tax had	39231
been paid for the home and the home was not exempted from taxation	39232
pursuant to division (E) of this section for the year for which	39233
the taxes were not paid.	39234

(6)(a) Immediately upon receipt of any manufactured home tax	39235
duplicate from the county auditor, but not less than twenty days	39236
prior to the last date on which the first one-half taxes may be	39237
paid without penalty as prescribed in division (F) of this	39238
section, the county treasurer shall cause to be prepared and	39239
mailed or delivered to each person charged on that duplicate with	39240
taxes, or to an agent designated by such person, the tax bill	39241
prescribed by the tax commissioner under division (D)(7) of this	39242
section. When taxes are paid by installments, the county	39243
treasurer shall mail or deliver to each person charged on such	39244
duplicate or the agent designated by that person a second tax bill	39245
showing the amount due at the time of the second tax collection.	39246
The second half tax bill shall be mailed or delivered at least	39247
twenty days prior to the close of the second half tax collection	39248
period. A change in the mailing address of any tax bill shall be	39249
made in writing to the county treasurer. Failure to receive a bill	39250
required by this section does not excuse failure or delay to pay	39251
any taxes shown on the bill or, except as provided in division	39252
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty,	39253
interest, or charge for such delay.	39254

(b) After delivery of the copy of the delinquent manufactured	39255
home tax list under division (H) of this section, the county	39256
treasurer may prepare and mail to each person in whose name a home	39257
is listed an additional tax bill showing the total amount of	39258
delinquent taxes charged against the home as shown on the list.	39259
The tax bill shall include a notice that the interest charge	39260
prescribed by division (G) of this section has begun to accrue.	39261

(7) Each tax bill prepared and mailed or delivered under	39262
division (D)(6) of this section shall be in the form and contain	39263
the information required by the tax commissioner. The commissioner	39264
may prescribe different forms for each county and may authorize	39265
the county auditor to make up tax bills and tax receipts to be	39266
used by the county treasurer. The tax bill shall not contain or	39267
be mailed or delivered with any information or material that is	39268
not required by this section or that is not authorized by section	39269
321.45 of the Revised Code or by the tax commissioner. In addition	39270
to the information required by the commissioner, each tax bill	39271
shall contain the following information:	39272

(a) The taxes levied and the taxes charged and payable	39273
against the manufactured or mobile home;	39274

(b) The following notice: "Notice: If the taxes are not paid	39275
within sixty days after the county auditor delivers the delinquent	39276
manufactured home tax list to the county treasurer, you and your	39277
home may be subject to collection proceedings for tax	39278
delinquency." Failure to provide such notice has no effect upon	39279
the validity of any tax judgment to which a home may be subjected.	39280

(c) In the case of manufactured or mobile homes taxed under	39281
division (D)(2) of this section, the following additional	39282
information:	39283

(i) The effective tax rate. The words "effective tax rate"	39284
shall appear in boldface type.	39285

(ii) The following notice: "Notice: If the taxes charged	39286
against this home have been reduced by the 2-1/2 per cent tax	39287
reduction for residences occupied by the owner but the home is not	39288
a residence occupied by the owner, the owner must notify the	39289
county auditor's office not later than March 31 of the year for	39290
which the taxes are due. Failure to do so may result in the owner	39291
being convicted of a fourth degree misdemeanor, which is	39292
punishable by imprisonment up to 30 days, a fine up to $250, or	39293
both, and in the owner having to repay the amount by which the	39294
taxes were erroneously or illegally reduced, plus any interest	39295
that may apply.	39296

If the taxes charged against this home have not been reduced	39297
by the 2-1/2 per cent tax reduction and the home is a residence	39298
occupied by the owner, the home may qualify for the tax reduction.	39299
To obtain an application for the tax reduction or further	39300
information, the owner may contact the county auditor's office at	39301
.......... (insert the address and telephone number of the county	39302
auditor's office)."	39303

(E)(1) A manufactured or mobile home is not subject to this	39304
section when any of the following applies:	39305

(a) It is taxable as personal property pursuant to section	39306
5709.01 of the Revised Code. Any manufactured or mobile home that	39307
is used as a residence shall be subject to this section and shall	39308
not be taxable as personal property pursuant to section 5709.01 of	39309
the Revised Code.	39310

(b) It bears a license plate issued by any state other than	39311
this state unless the home is in this state in excess of an	39312
accumulative period of thirty days in any calendar year.	39313

(c) The annual tax has been paid on the home in this state	39314
for the current year.	39315

(d) The tax commissioner has determined, pursuant to section	39316
5715.27 of the Revised Code, that the property is exempt from	39317
taxation, or would be exempt from taxation under Chapter 5709. of	39318
the Revised Code if it were classified as real property.	39319

(2) A travel trailer or park trailer, as these terms are	39320
defined in section 4501.01 of the Revised Code, is not subject to	39321
this section if it is unused or unoccupied and stored at the	39322
owner's normal place of residence or at a recognized storage	39323
facility.	39324

(3) A travel trailer or park trailer, as these terms are	39325
defined in section 4501.01 of the Revised Code, is subject to this	39326
section and shall be taxed as a manufactured or mobile home if it	39327
has a situs longer than thirty days in one location and is	39328
connected to existing utilities, unless either of the following	39329
applies:	39330

(a) The situs is in a state facility or a camping or park	39331
area as defined in division (C), (Q), (S), or (V) of section	39332
3729.01 of the Revised Code.	39333

(b) The situs is in a camping or park area that is a tract of	39334
land that has been limited to recreational use by deed or zoning	39335
restrictions and subdivided for sale of five or more individual	39336
lots for the express or implied purpose of occupancy by either	39337
self-contained recreational vehicles as defined in division (T) of	39338
section 3729.01 of the Revised Code or by dependent recreational	39339
vehicles as defined in division (D) of section 3729.01 of the	39340
Revised Code.	39341

(F) Except as provided in division (D)(3) of this section,	39342
the manufactured home tax is due and payable as follows:	39343

(1) When a manufactured or mobile home has a situs in this	39344
state, as provided in this section, on the first day of January,	39345
one-half of the amount of the tax is due and payable on or before	39346
the first day of March and the balance is due and payable on or	39347
before the thirty-first day of July. At the option of the owner of	39348
the home, the tax for the entire year may be paid in full on the	39349
first day of March.	39350

(2) When a manufactured or mobile home first acquires a situs	39351
in this state after the first day of January, no tax is due and	39352
payable for that year.	39353

(G)(1)(a) Except as otherwise provided in division (G)(1)(b)	39354
of this section, if one-half of the current taxes charged under	39355
this section against a manufactured or mobile home, together with	39356
the full amount of any delinquent taxes, are not paid on or before	39357
the first day of March in that year, or on or before the last day	39358
for such payment as extended pursuant to section 4503.063 of the	39359
Revised Code, a penalty of ten per cent shall be charged against	39360
the unpaid balance of such half of the current taxes. If the total	39361
amount of all such taxes is not paid on or before the thirty-first	39362
day of July, next thereafter, or on or before the last day for	39363
payment as extended pursuant to section 4503.063 of the Revised	39364
Code, a like penalty shall be charged on the balance of the total	39365
amount of the unpaid current taxes.	39366

(b) After a valid delinquent tax contract that includes	39367
unpaid current taxes from a first-half collection period described	39368
in division (F) of this section has been entered into under	39369
section 323.31 of the Revised Code, no ten per cent penalty shall	39370
be charged against such taxes after the second-half collection	39371
period while the delinquent tax contract remains in effect. On the	39372
day a delinquent tax contract becomes void, the ten per cent	39373
penalty shall be charged against such taxes and shall equal the	39374
amount of penalty that would have been charged against unpaid	39375
current taxes outstanding on the date on which the second-half	39376
penalty would have been charged thereon under division (G)(1)(a)	39377
of this section if the contract had not been in effect.	39378

(2)(a) On the first day of the month following the last day	39379
the second installment of taxes may be paid without penalty	39380
beginning in 2000, interest shall be charged against and computed	39381
on all delinquent taxes other than the current taxes that became	39382
delinquent taxes at the close of the last day such second	39383
installment could be paid without penalty. The charge shall be for	39384
interest that accrued during the period that began on the	39385
preceding first day of December and ended on the last day of the	39386
month that included the last date such second installment could be	39387
paid without penalty. The interest shall be computed at the rate	39388
per annum prescribed by section 5703.47 of the Revised Code and	39389
shall be entered as a separate item on the delinquent manufactured	39390
home tax list compiled under division (H) of this section.	39391

(b) On the first day of December beginning in 2000, the	39392
interest shall be charged against and computed on all delinquent	39393
taxes. The charge shall be for interest that accrued during the	39394
period that began on the first day of the month following the last	39395
date prescribed for the payment of the second installment of taxes	39396
in the current year and ended on the immediately preceding last	39397
day of November. The interest shall be computed at the rate per	39398
annum prescribed by section 5703.47 of the Revised Code and shall	39399
be entered as a separate item on the delinquent manufactured home	39400
tax list.	39401

(c) After a valid undertaking has been entered into for the	39402
payment of any delinquent taxes, no interest shall be charged	39403
against such delinquent taxes while the undertaking remains in	39404
effect in compliance with section 323.31 of the Revised Code. If a	39405
valid undertaking becomes void, interest shall be charged against	39406
the delinquent taxes for the periods that interest was not	39407
permitted to be charged while the undertaking was in effect. The	39408
interest shall be charged on the day the undertaking becomes void	39409
and shall equal the amount of interest that would have been	39410
charged against the unpaid delinquent taxes outstanding on the	39411
dates on which interest would have been charged thereon under	39412
divisions (G)(1) and (2) of this section had the undertaking not	39413
been in effect.	39414

(3) If the full amount of the taxes due at either of the	39415
times prescribed by division (F) of this section is paid within	39416
ten days after such time, the county treasurer shall waive the	39417
collection of and the county auditor shall remit one-half of the	39418
penalty provided for in this division for failure to make that	39419
payment by the prescribed time.	39420

(4) The treasurer shall compile and deliver to the county	39421
auditor a list of all tax payments the treasurer has received as	39422
provided in division (G)(3) of this section. The list shall	39423
include any information required by the auditor for the remission	39424
of the penalties waived by the treasurer. The taxes so collected	39425
shall be included in the settlement next succeeding the settlement	39426
then in process.	39427

(H)(1) Beginning in 2000, the county auditor shall compile	39428
annually a "delinquent manufactured home tax list" consisting of	39429
homes the county treasurer's records indicate have taxes that were	39430
not paid within the time prescribed by divisions (D)(3) and (F) of	39431
this section, have taxes that remain unpaid from prior years, or	39432
have unpaid tax penalties or interest that have been assessed.	39433

(2) Within thirty days after the settlement under division	39434
(H)(2) of section 321.24 of the Revised Code beginning in 2000,	39435
the county auditor shall deliver a copy of the delinquent	39436
manufactured home tax list to the county treasurer. The auditor	39437
shall update and publish the delinquent manufactured home tax list	39438
annually in the same manner as delinquent real property tax lists	39439
are published. The county auditor shall apportion the cost of	39440
publishing the list among taxing districts in proportion to the	39441
amount of delinquent manufactured home taxes so published that	39442
each taxing district is entitled to receive upon collection of	39443
those taxes.	39444

(3) When taxes, penalties, or interest are charged against a	39445
person on the delinquent manufactured home tax list and are not	39446
paid within sixty days after the list is delivered to the county	39447
treasurer, the county treasurer shall, in addition to any other	39448
remedy provided by law for the collection of taxes, penalties, and	39449
interest, enforce collection of such taxes, penalties, and	39450
interest by civil action in the name of the treasurer against the	39451
owner for the recovery of the unpaid taxes following the	39452
procedures for the recovery of delinquent real property taxes in	39453
sections 323.25 to 323.28 of the Revised Code. The action may be	39454
brought in municipal or county court, provided the amount charged	39455
does not exceed the monetary limitations for original jurisdiction	39456
for civil actions in those courts.	39457

It is sufficient, having made proper parties to the suit, for	39458
the county treasurer to allege in the treasurer's bill of	39459
particulars or petition that the taxes stand chargeable on the	39460
books of the county treasurer against such person, that they are	39461
due and unpaid, and that such person is indebted in the amount of	39462
taxes appearing to be due the county. The treasurer need not set	39463
forth any other matter relating thereto. If it is found on the	39464
trial of the action that the person is indebted to the state,	39465
judgment shall be rendered in favor of the county treasurer	39466
prosecuting the action. The judgment debtor is not entitled to the	39467
benefit of any law for stay of execution or exemption of property	39468
from levy or sale on execution in the enforcement of the judgment.	39469

Upon the filing of an entry of confirmation of sale or an	39470
order of forfeiture in a proceeding brought under this division,	39471
title to the manufactured or mobile home shall be in the	39472
purchaser. The clerk of courts shall issue a certificate of title	39473
to the purchaser upon presentation of proof of filing of the entry	39474
of confirmation or order and, in the case of a forfeiture,	39475
presentation of the county auditor's certificate of sale.	39476

(I) The total amount of taxes collected shall be distributed	39477
in the following manner: four per cent shall be allowed as	39478
compensation to the county auditor for the county auditor's	39479
service in assessing the taxes; two per cent shall be allowed as	39480
compensation to the county treasurer for the services the county	39481
treasurer renders as a result of the tax levied by this section.	39482
Such amounts shall be paid into the county treasury, to the credit	39483
of the county general revenue fund, on the warrant of the county	39484
auditor. Fees to be paid to the credit of the real estate	39485
assessment fund shall be collected pursuant to division ~~(B)~~(C) of	39486
section 319.54 of the Revised Code and paid into the county	39487
treasury, on the warrant of the county auditor. The balance of the	39488
taxes collected shall be distributed among the taxing subdivisions	39489
of the county in which the taxes are collected and paid in the	39490
same ratio as those taxes were collected for the benefit of the	39491
taxing subdivision. The taxes levied and revenues collected under	39492
this section shall be in lieu of any general property tax and any	39493
tax levied with respect to the privilege of using or occupying a	39494
manufactured or mobile home in this state except as provided in	39495
sections 4503.04 and 5741.02 of the Revised Code.	39496

(J) An agreement to purchase or a bill of sale for a	39497
manufactured home shall show whether or not the furnishings and	39498
equipment are included in the purchase price.	39499

(K) If the county treasurer and the county prosecuting	39500
attorney agree that an item charged on the delinquent manufactured	39501
home tax list is uncollectible, they shall certify that	39502
determination and the reasons to the county board of revision. If	39503
the board determines the amount is uncollectible, it shall certify	39504
its determination to the county auditor, who shall strike the item	39505
from the list.	39506

(L)(1) The county auditor shall appraise at its true value	39507
any manufactured or mobile home in which ownership is transferred	39508
or which first acquires situs in this state on or after January 1,	39509
2000, and any manufactured or mobile home the owner of which has	39510
elected, under division (D)(4) of this section, to have the home	39511
taxed under division (D)(2) of this section. The true value shall	39512
include the value of the home, any additions, and any fixtures,	39513
but not any furnishings in the home. In determining the true value	39514
of a manufactured or mobile home, the auditor shall consider all	39515
facts and circumstances relating to the value of the home,	39516
including its age, its capacity to function as a residence, any	39517
obsolete characteristics, and other factors that may tend to prove	39518
its true value.	39519

(2)(a) If a manufactured or mobile home has been the subject	39520
of an arm's length sale between a willing seller and a willing	39521
buyer within a reasonable length of time prior to the	39522
determination of true value, the county auditor shall consider the	39523
sale price of the home to be the true value for taxation purposes.	39524

(b) The sale price in an arm's length transaction between a	39525
willing seller and a willing buyer shall not be considered the	39526
true value of the home if either of the following occurred after	39527
the sale:	39528

(i) The home has lost value due to a casualty.

39529

(ii) An addition or fixture has been added to the home.

39530

(3) The county auditor shall have each home viewed and	39531
appraised at least once in each six-year period in the same year	39532
in which real property in the county is appraised pursuant to	39533
Chapter 5713. of the Revised Code, and shall update the appraised	39534
values in the third calendar year following the appraisal. The	39535
person viewing or appraising a home may enter the home to	39536
determine by actual view any additions or fixtures that have been	39537
added since the last appraisal. In conducting the appraisals and	39538
establishing the true value, the auditor shall follow the	39539
procedures set forth for appraising real property in sections	39540
5713.01 and 5713.03 of the Revised Code.	39541

(4) The county auditor shall place the true value of each	39542
home on the manufactured home tax list upon completion of an	39543
appraisal.	39544

(5)(a) If the county auditor changes the true value of a	39545
home, the auditor shall notify the owner of the home in writing,	39546
delivered by mail or in person. The notice shall be given at least	39547
thirty days prior to the issuance of any tax bill that reflects	39548
the change. Failure to receive the notice does not invalidate any	39549
proceeding under this section.	39550

(b) Any owner of a home or any other person or party listed	39551
in division (A)(1) of section 5715.19 of the Revised Code may file	39552
a complaint against the true value of the home as appraised under	39553
this section. The complaint shall be filed with the county auditor	39554
on or before the thirty-first day of March of the current tax year	39555
or the date of closing of the collection for the first half of	39556
manufactured home taxes for the current tax year, whichever is	39557
later. The auditor shall present to the county board of revision	39558
all complaints filed with the auditor under this section. The	39559
board shall hear and investigate the complaint and may take action	39560
on it as provided under sections 5715.11 to 5715.19 of the Revised	39561
Code.	39562

(c) If the county board of revision determines, pursuant to a	39563
complaint against the valuation of a manufactured or mobile home	39564
filed under this section, that the amount of taxes, assessments,	39565
or other charges paid was in excess of the amount due based on the	39566
valuation as finally determined, then the overpayment shall be	39567
refunded in the manner prescribed in section 5715.22 of the	39568
Revised Code.	39569

(d) Payment of all or part of a tax under this section for	39570
any year for which a complaint is pending before the county board	39571
of revision does not abate the complaint or in any way affect the	39572
hearing and determination thereof.	39573

(M) If the county auditor determines that any tax or other	39574
charge or any part thereof has been erroneously charged as a	39575
result of a clerical error as defined in section 319.35 of the	39576
Revised Code, the county auditor shall call the attention of the	39577
county board of revision to the erroneous charges. If the board	39578
finds that the taxes or other charges have been erroneously	39579
charged or collected, it shall certify the finding to the auditor.	39580
Upon receipt of the certification, the auditor shall remove the	39581
erroneous charges on the manufactured home tax list or delinquent	39582
manufactured home tax list in the same manner as is prescribed in	39583
section 319.35 of the Revised Code for erroneous charges against	39584
real property, and refund any erroneous charges that have been	39585
collected, with interest, in the same manner as is prescribed in	39586
section 319.36 of the Revised Code for erroneous charges against	39587
real property.	39588

(N) As used in this section and section 4503.061 of the	39589
Revised Code:	39590

(1) "Manufactured home taxes" includes taxes, penalties, and	39591
interest charged under division (C) or (G) of this section and any	39592
penalties charged under division (G) or (H)(5) of section 4503.061	39593
of the Revised Code.	39594

(2) "Current taxes" means all manufactured home taxes charged	39595
against a manufactured or mobile home that have not appeared on	39596
the manufactured home tax list for any prior year. Current taxes	39597
become delinquent taxes if they remain unpaid after the last day	39598
prescribed for payment of the second installment of current taxes	39599
without penalty, whether or not they have been certified	39600
delinquent.	39601

(3) "Delinquent taxes" means:

39602

(a) Any manufactured home taxes that were charged against a	39603
manufactured or mobile home for a prior year, including any	39604
penalties or interest charged for a prior year, and that remain	39605
unpaid;	39606

(b) Any current manufactured home taxes charged against a	39607
manufactured or mobile home that remain unpaid after the last day	39608
prescribed for payment of the second installment of current taxes	39609
without penalty, whether or not they have been certified	39610
delinquent, including any penalties or interest.	39611

Sec. 4503.061. (A) All manufactured and mobile homes shall	39612
be listed on either the real property tax list or the manufactured	39613
home tax list of the county in which the home has situs. Each	39614
owner shall follow the procedures in this section to identify the	39615
home to the county auditor of the county containing the taxing	39616
district in which the home has situs so that the auditor may place	39617
the home on the appropriate tax list.	39618

(B) When a manufactured or mobile home first acquires situs	39619
in this state and is subject to real property taxation pursuant to	39620
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	39621
owner shall present to the auditor of the county containing the	39622
taxing district in which the home has its situs the certificate of	39623
title for the home, together with proof that all taxes due have	39624
been paid and proof that a relocation notice was obtained for the	39625
home if required under this section. Upon receiving the	39626
certificate of title and the required proofs, the auditor shall	39627
place the home on the real property tax list and proceed to treat	39628
the home as other properties on that list. After the auditor has	39629
placed the home on the tax list of real and public utility	39630
property, the auditor shall deliver the certificate of title to	39631
the clerk of the court of common pleas that issued it pursuant to	39632
section 4505.11 of the Revised Code, and the clerk shall	39633
inactivate the certificate of title.	39634

(C)(1) When a manufactured or mobile home subject to a	39635
manufactured home tax is relocated to or first acquires situs in	39636
any county that has adopted a permanent manufactured home	39637
registration system, as provided in division (F) of this section,	39638
the owner, within thirty days after the home is relocated or first	39639
acquires situs under section 4503.06 of the Revised Code, shall	39640
register the home with the county auditor of the county containing	39641
the taxing district in which the home has its situs. For the first	39642
registration in each county of situs, the owner or vendee in	39643
possession shall present to the county auditor an Ohio certificate	39644
of title, certified copy of the certificate of title, or	39645
memorandum certificate of title as such are required by law, and	39646
proof, as required by the county auditor, that the home, if it has	39647
previously been occupied and is being relocated, has been	39648
previously registered, that all taxes due and required to be paid	39649
under division (H)(1) of this section before a relocation notice	39650
may be issued have been paid, and that a relocation notice was	39651
obtained for the home if required by division (H) of this section.	39652
If the owner or vendee does not possess the Ohio certificate of	39653
title, certified copy of the certificate of title, or memorandum	39654
certificate of title at the time the owner or vendee first	39655
registers the home in a county, the county auditor shall register	39656
the home without presentation of the document, but the owner or	39657
vendee shall present the certificate of title, certified copy of	39658
the certificate of title, or memorandum certificate of title to	39659
the county auditor within fourteen days after the owner or vendee	39660
obtains possession of the document.	39661

(2) When a manufactured or mobile home is registered for the	39662
first time in a county and when the total tax due has been paid as	39663
required by division (F) of section 4503.06 of the Revised Code or	39664
divisions (E) and (H) of this section, the county treasurer shall	39665
note by writing or by a stamp on the certificate of title,	39666
certified copy of certificate of title, or memorandum certificate	39667
of title that the home has been registered and that the taxes due,	39668
if any, have been paid for the preceding five years and for the	39669
current year. The treasurer shall then issue a certificate	39670
evidencing registration and a decal to be displayed on the street	39671
side of the home. The certificate is valid in any county in this	39672
state during the year for which it is issued.	39673

(3) For each year thereafter, the county treasurer shall	39674
issue a tax bill stating the amount of tax due under section	39675
4503.06 of the Revised Code, as provided in division (D)(6) of	39676
that section. When the total tax due has been paid as required by	39677
division (F) of that section, the county treasurer shall issue a	39678
certificate evidencing registration that shall be valid in any	39679
county in this state during the year for which the certificate is	39680
issued.	39681

(4) The permanent decal issued under this division is valid	39682
during the period of ownership, except that when a manufactured	39683
home is relocated in another county the owner shall apply for a	39684
new registration as required by this section and section 4503.06	39685
of the Revised Code.	39686

(D)(1) All owners of manufactured or mobile homes subject to	39687
the manufactured home tax being relocated to or having situs in a	39688
county that has not adopted a permanent registration system, as	39689
provided in division (F) of this section, shall register the home	39690
within thirty days after the home is relocated or first acquires	39691
situs under section 4503.06 of the Revised Code and thereafter	39692
shall annually register the home with the county auditor of the	39693
county containing the taxing district in which the home has its	39694
situs.	39695

(2) Upon the annual registration, the county treasurer shall	39696
issue a tax bill stating the amount of annual manufactured home	39697
tax due under section 4503.06 of the Revised Code, as provided in	39698
division (D)(6) of that section. When a manufactured or mobile	39699
home is registered and when the tax for the current one-half year	39700
has been paid as required by division (F) of that section, the	39701
county treasurer shall issue a certificate evidencing registration	39702
and a decal. The certificate and decal are valid in any county in	39703
this state during the year for which they are issued. The decal	39704
shall be displayed on the street side of the home.	39705

(3) For the first annual registration in each county of	39706
situs, the county auditor shall require the owner or vendee to	39707
present an Ohio certificate of title, certified copy of the	39708
certificate of title, or memorandum certificate of title as such	39709
are required by law, and proof, as required by the county auditor,	39710
that the manufactured or mobile home has been previously	39711
registered, if such registration was required, that all taxes due	39712
and required to be paid under division (H)(1) of this section	39713
before a relocation notice may be issued have been paid, and that	39714
a relocation notice was obtained for the home if required by	39715
division (H) of this section. If the owner or vendee does not	39716
possess the Ohio certificate of title, certified copy of the	39717
certificate of title, or memorandum certificate of title at the	39718
time the owner or vendee first registers the home in a county, the	39719
county auditor shall register the home without presentation of the	39720
document, but the owner or vendee shall present the certificate of	39721
title, certified copy of the certificate of title, or memorandum	39722
certificate of title to the county auditor within fourteen days	39723
after the owner or vendee obtains possession of the document. When	39724
the county treasurer receives the tax payment, the county	39725
treasurer shall note by writing or by a stamp on the certificate	39726
of title, certified copy of the certificate of title, or	39727
memorandum certificate of title that the home has been registered	39728
for the current year and that the manufactured home taxes due, if	39729
any, have been paid for the preceding five years and for the	39730
current year.	39731

(4) For subsequent annual registrations, the auditor may	39732
require the owner or vendee in possession to present an Ohio	39733
certificate of title, certified copy of the certificate of title,	39734
or memorandum certificate of title to the county treasurer upon	39735
payment of the manufactured home tax that is due.	39736

(E)(1) Upon the application to transfer ownership of a	39737
manufactured or mobile home for which manufactured home taxes are	39738
paid pursuant to division (C) of section 4503.06 of the Revised	39739
Code the clerk of the court of common pleas shall not issue any	39740
certificate of title that does not contain or have attached both	39741
of the following:	39742

(a) An endorsement of the county treasurer stating that the	39743
home has been registered for each year of ownership and that all	39744
manufactured home taxes imposed pursuant to section 4503.06 of the	39745
Revised Code have been paid or that no tax is due;	39746

(b) An endorsement of the county auditor that the	39747
manufactured home transfer tax imposed pursuant to section 322.06	39748
of the Revised Code and any fees imposed under division ~~(F)~~(G) of	39749
section 319.54 of the Revised Code have been paid.	39750

(2) If all the taxes have not been paid, the clerk shall	39751
notify the vendee to contact the county treasurer of the county	39752
containing the taxing district in which the home has its situs at	39753
the time of the proposed transfer. The county treasurer shall then	39754
collect all the taxes that are due for the year of the transfer	39755
and all previous years not exceeding a total of five years. The	39756
county treasurer shall distribute that part of the collection owed	39757
to the county treasurer of other counties if the home had its	39758
situs in another county during a particular year when the unpaid	39759
tax became due and payable. The burden to prove the situs of the	39760
home in the years that the taxes were not paid is on the	39761
transferor of the home. Upon payment of the taxes, the county	39762
auditor shall remove all remaining taxes from the manufactured	39763
home tax list and the delinquent manufactured home tax list, and	39764
the county treasurer shall release all liens for such taxes. The	39765
clerk of courts shall issue a certificate of title, free and clear	39766
of all liens for manufactured home taxes, to the transferee of the	39767
home.	39768

(3) Once the transfer is complete and the certificate of	39769
title has been issued, the transferee shall register the	39770
manufactured or mobile home pursuant to division (C) or (D) of	39771
this section with the county auditor of the county containing the	39772
taxing district in which the home remains after the transfer or,	39773
if the home is relocated to another county, with the county	39774
auditor of the county to which the home is relocated. The	39775
transferee need not pay the annual tax for the year of acquisition	39776
if the original owner has already paid the annual tax for that	39777
year.	39778

(F) The county auditor may adopt a permanent registration	39779
system and issue a permanent decal with the first registration as	39780
prescribed by the tax commissioner.	39781

(G) When any manufactured or mobile home required to be	39782
registered by this section is not registered, the county auditor	39783
shall impose a penalty of one hundred dollars upon the owner and	39784
deposit the amount to the credit of the county real estate	39785
assessment fund to be used to pay the costs of administering this	39786
section and section 4503.06 of the Revised Code. If unpaid, the	39787
penalty shall constitute a lien on the home and shall be added by	39788
the county auditor to the manufactured home tax list for	39789
collection.	39790

(H)(1) Except as otherwise provided in this division, before	39791
moving a manufactured or mobile home on public roads from one	39792
address within this state to another address within or outside	39793
this state, the owner of the home shall obtain a relocation	39794
notice, as provided by this section, from the auditor of the	39795
county in which the home is located if the home is currently	39796
subject to taxation pursuant to section 4503.06 of the Revised	39797
Code. The auditor shall charge five dollars for the notice, and	39798
deposit the amount to the credit of the county real estate	39799
assessment fund to be used to pay the costs of administering this	39800
section and section 4503.06 of the Revised Code. The auditor shall	39801
not issue a relocation notice unless all taxes owed on the home	39802
under section 4503.06 of the Revised Code that were first charged	39803
to the home during the period of ownership of the owner seeking	39804
the relocation notice have been paid. If the home is being moved	39805
by a new owner of the home or by a party taking repossession of	39806
the home, the auditor shall not issue a relocation notice unless	39807
all of the taxes due for the preceding five years and for the	39808
current year have been paid. A relocation notice issued by a	39809
county auditor is valid until the last day of December of the year	39810
in which it was issued.	39811

If the home is being moved by a sheriff, police officer,	39812
constable, bailiff, or manufactured home park operator, as defined	39813
in section 3733.01 of the Revised Code, or any agent of any of	39814
these persons, for purposes of removal from a manufactured home	39815
park and storage, sale, or destruction under section 1923.14 of	39816
the Revised Code, the auditor shall issue a relocation notice	39817
without requiring payment of any taxes owed on the home under	39818
section 4503.06 of the Revised Code.	39819

(2) If a manufactured or mobile home is not yet subject to	39820
taxation under section 4503.06 of the Revised Code, the owner of	39821
the home shall obtain a relocation notice from the dealer of the	39822
home. Within thirty days after the manufactured or mobile home is	39823
purchased, the dealer of the home shall provide the auditor of the	39824
county in which the home is to be located written notice of the	39825
name of the purchaser of the home, the registration number or	39826
vehicle identification number of the home, and the address or	39827
location to which the home is to be moved. The county auditor	39828
shall provide to each manufactured and mobile home dealer, without	39829
charge, a supply of relocation notices to be distributed to	39830
purchasers pursuant to this section.	39831

(3) The notice shall be in the form of a one-foot square	39832
yellow sign with the words "manufactured home relocation notice"	39833
printed prominently on it. The name of the owner of the home, the	39834
home's registration number or vehicle identification number, the	39835
county and the address or location to which the home is being	39836
moved, and the county in which the notice is issued shall also be	39837
entered on the notice.	39838

(4) The relocation notice must be attached to the rear of the	39839
home when the home is being moved on a public road. Except as	39840
provided in divisions (H)(1) and (5) of this section, no person	39841
shall drive a motor vehicle moving a manufactured or mobile home	39842
on a public road from one address to another address within this	39843
state unless a relocation notice is attached to the rear of the	39844
home.	39845

(5) If the county auditor determines that a manufactured or	39846
mobile home has been moved without a relocation notice as required	39847
under this division, the auditor shall impose a penalty of one	39848
hundred dollars upon the owner of the home and upon the person who	39849
moved the home and deposit the amount to the credit of the county	39850
real estate assessment fund to pay the costs of administering this	39851
section and section 4503.06 of the Revised Code. If the home was	39852
relocated from one county in this state to another county in this	39853
state and the county auditor of the county to which the home was	39854
relocated imposes the penalty, that county auditor, upon	39855
collection of the penalty, shall cause an amount equal to the	39856
penalty to be transmitted from the county real estate assessment	39857
fund to the county auditor of the county from which the home was	39858
relocated, who shall deposit the amount to the credit of the	39859
county real estate assessment fund. If the penalty on the owner is	39860
unpaid, the penalty shall constitute a lien on the home and the	39861
auditor shall add the penalty to the manufactured home tax list	39862
for collection. If the county auditor determines that a dealer	39863
that has sold a manufactured or mobile home has failed to timely	39864
provide the information required under this division, the auditor	39865
shall impose a penalty upon the dealer in the amount of one	39866
hundred dollars. The penalty shall be credited to the county real	39867
estate assessment fund and used to pay the costs of administering	39868
this section and section 4503.06 of the Revised Code.	39869

(I) Whoever violates division (H)(4) of this section is	39870
guilty of a minor misdemeanor.	39871

Sec. 4503.064. As used in sections 4503.064 to 4503.069 of	39872
the Revised Code:	39873

(A) "Sixty-five years of age or older" means a person who	39874
will be age sixty-five or older in the calendar year following the	39875
year of application for reduction in the assessable value of the	39876
person's manufactured or mobile home.	39877

(B) ~~"Total income" means the adjusted gross income of the~~	39878
~~owner and the owner's spouse for the year preceding the year in~~	39879
~~which application for a reduction in taxes is made, as determined~~	39880
~~under the "Internal Revenue Code of 1986," 100 Stat. 2085, 26~~	39881
~~U.S.C.A. 1, as amended, adjusted as follows:~~	39882

~~(1) Subtract the amount of disability benefits included in~~	39883
~~adjusted gross income but not to exceed five thousand two hundred~~	39884
~~dollars;~~	39885

~~(2) Add old age and survivors benefits received pursuant to~~	39886
~~the "Social Security Act" that are not included in adjusted gross~~	39887
~~income;~~	39888

~~(3) Add retirement, pension, annuity, or other retirement~~	39889
~~payments or benefits not included in adjusted gross income;~~	39890

~~(4) Add tier I and II railroad retirement benefits received~~	39891
~~pursuant to the "Railroad Retirement Act," 50 Stat. 307, 45 U.S.C.~~	39892
~~228;~~	39893

~~(5) Add interest on federal, state, and local government~~	39894
~~obligations;~~	39895

~~(6) For a person who received the homestead exemption for a~~	39896
~~prior year on the basis of being permanently and totally disabled~~	39897
~~and whose current application for the exemption is made on the~~	39898
~~basis of age, subtract the following amount:~~	39899

~~(a) If the person received disability benefits that were not~~	39900
~~included in adjusted gross income in the year preceding the first~~	39901
~~year in which the person applied for the exemption on the basis of~~	39902
~~age, subtract an amount equal to the disability benefits the~~	39903
~~person received in that preceding year, to the extent included in~~	39904
~~total income in the current year and not subtracted under division~~	39905
~~(B)(1) of this section in the current year;~~	39906

~~(b) If the person received disability benefits that were~~	39907
~~included in adjusted gross income in the year preceding the first~~	39908
~~year in which the person applied for the exemption on the basis of~~	39909
~~age, subtract an amount equal to the amount of disability benefits~~	39910
~~that were subtracted pursuant to division (B)(1) of this section~~	39911
~~in that preceding year, to the extent included in total income in~~	39912
~~the current year and not subtracted under division (B)(1) of this~~	39913
~~section in the current year.~~	39914

~~Disability benefits that are paid by the department of~~	39915
~~veterans affairs or a branch of the armed forces of the United~~	39916
~~States on account of an injury or disability shall not be included~~	39917
~~in total income.~~	39918

~~(C) "Old age and survivors benefits received pursuant to the~~	39919
~~'Social Security Act'" or "tier I railroad retirement benefits~~	39920
~~received pursuant to the 'Railroad Retirement Act'" means:~~	39921

~~(1) The old age benefits payable under the social security or~~	39922
~~railroad retirement laws in effect on the last day of the calendar~~	39923
~~year preceding the year in which the applicant's application for~~	39924
~~reduction is first successfully made, or, if no such benefits are~~	39925
~~payable that year, old age benefits payable the first succeeding~~	39926
~~year in which old age benefits under the social security or~~	39927
~~railroad retirement laws are payable, except in those cases where~~	39928
~~a change in social security or railroad retirement benefits~~	39929
~~results in a reduction in income.~~	39930

~~(2) The lesser of:~~

39931

~~(a) Survivors benefits payable under the social security or~~	39932
~~railroad retirement laws in effect on the last day of the calendar~~	39933
~~year preceding the year in which the applicant's application for~~	39934
~~reduction is first successfully made, or, if no such benefits are~~	39935
~~payable that year, survivors benefits payable the first succeeding~~	39936
~~year in which survivors benefits are payable; or~~	39937

~~(b) Old age benefits of the deceased spouse, as determined~~	39938
~~under division (C)(1) of this section, upon which the surviving~~	39939
~~spouse's survivors benefits are based under the social security or~~	39940
~~railroad retirement laws, except in those cases where a change in~~	39941
~~benefits would cause a reduction in income.~~	39942

~~Survivors benefits are those described in division (C)(2)(b)~~	39943
~~of this section only if the deceased spouse received old age~~	39944
~~benefits in the year in which the deceased died. If the deceased~~	39945
~~spouse did not receive old age benefits in the year in which the~~	39946
~~deceased died, then survivors benefits are those described in~~	39947
~~division (C)(2)(a) of this section.~~	39948

~~(D)~~ "Permanently and totally disabled" means a person who, on	39949
the first day of January of the year of application, including	39950
late application, for reduction in the assessable value of a	39951
manufactured or mobile home, has some impairment in body or mind	39952
that makes the person unable to work at any substantially	39953
remunerative employment which the person is reasonably able to	39954
perform and which will, with reasonable probability, continue for	39955
an indefinite period of at least twelve months without any present	39956
indication of recovery therefrom or has been certified as	39957
permanently and totally disabled by a state or federal agency	39958
having the function of so classifying persons.	39959

~~(E)~~(C) "Homestead exemption" means the reduction in taxes	39960
allowed under division (A) of section 323.152 of the Revised Code	39961
for the year in which an application is filed under section	39962
4503.066 of the Revised Code.	39963

~~(F)~~(D) "Manufactured home" has the meaning given in division	39964
(C)(4) of section 3781.06 of the Revised Code, and includes a	39965
structure consisting of two manufactured homes that were purchased	39966
either together or separately and are combined to form a single	39967
dwelling, but does not include a manufactured home that is taxed	39968
as real property pursuant to division (B) of section 4503.06 of	39969
the Revised Code.	39970

~~(G)~~(E) "Mobile home" has the meaning given in division (O) of	39971
section 4501.01 of the Revised Code and includes a structure	39972
consisting of two mobile homes that were purchased together or	39973
separately and combined to form a single dwelling, but does not	39974
include a mobile home that is taxed as real property pursuant to	39975
division (B) of section 4503.06 of the Revised Code.	39976

~~(H)~~(F) "Late application" means an application filed with an	39977
original application under division (A)(3) of section 4503.066 of	39978
the Revised Code.	39979

Sec. 4503.065. (A) This section applies to any of the	39980
following:	39981

(1) An individual who is permanently and totally disabled;

39982

(2) An individual who is sixty-five years of age or older;

39983

(3) An individual who is the surviving spouse of a deceased	39984
person who was permanently and totally disabled or sixty-five	39985
years of age or older and who applied and qualified for a	39986
reduction in assessable value under this section in the year of	39987
death, provided the surviving spouse is at least fifty-nine but	39988
not sixty-five or more years of age on the date the deceased	39989
spouse dies.	39990

(B)~~(1)~~ The manufactured home tax on a manufactured or mobile	39991
home that is paid pursuant to division (C) of section 4503.06 of	39992
the Revised Code and that is owned and occupied as a home by an	39993
individual whose domicile is in this state and to whom this	39994
section applies, shall be reduced for any tax year for which the	39995
owner obtains a certificate of reduction from the county auditor	39996
under section 4503.067 of the Revised Code, provided the	39997
individual did not acquire ownership from a person, other than the	39998
individual's spouse, related by consanguinity or affinity for the	39999
purpose of qualifying for the reduction ~~in assessable value~~. An	40000
owner includes a settlor of a revocable inter vivos trust holding	40001
the title to a manufactured or mobile home occupied by the settlor	40002
as of right under the trust. ~~The~~	40003

(1) For manufactured and mobile homes for which the tax	40004
imposed by section 4503.06 of the Revised Code is computed under	40005
division (D)(2) of that section, the reduction shall equal the	40006
~~amount obtained by multiplying the tax rate for the tax year for~~	40007
~~which the certificate is issued by the reduction in assessable~~	40008
~~value shown in the following schedule.~~	40009

	~~Reduce Assessable Value~~		40010
~~Total Income~~	~~by the Lesser of:~~		40011
	~~Column A~~	~~Column B~~	40012

~~$11,900 or less~~	~~$5,000 or seventy-five per cent~~	40013
~~More than $11,900 but not more than $17,500~~	~~$3,000 or sixty per cent~~	40014
~~More than $17,500 but not more than $23,000~~	~~$1,000 or twenty-five per cent~~	40015
~~More than $23,000~~	~~-0-~~	40016

~~(2) Each calendar year, the tax commissioner shall adjust the~~	40017
~~foregoing schedule by completing the following calculations in~~	40018
~~September of each year:~~	40019

~~(a) Determine the percentage increase in the gross domestic~~	40020
~~product deflator determined by the bureau of economic analysis of~~	40021
~~the United States department of commerce from the first day of~~	40022
~~January of the preceding calendar year to the last day of December~~	40023
~~of the preceding calendar year;~~	40024

~~(b) Multiply that percentage increase by each of the total~~	40025
~~income amounts, and by each dollar amount by which assessable~~	40026
~~value is reduced, for the ensuing tax year;~~	40027

~~(c) Add the resulting product to each of the total income~~	40028
~~amounts, and to each of the dollar amounts by which assessable~~	40029
~~value is reduced, for the ensuing tax year;~~	40030

~~(d)(i) Except as provided in division (B)(2)(d)(ii) of this~~	40031
~~section, round the resulting sum to the nearest multiple of one~~	40032
~~hundred dollars;~~	40033

~~(ii) If rounding the resulting sum to the nearest multiple of~~	40034
~~one hundred dollars under division (B)(2)(d)(i) of this section~~	40035
~~does not increase the dollar amounts by which assessable value is~~	40036
~~reduced, the resulting sum instead shall be rounded to the nearest~~	40037
~~multiple of ten dollars.~~	40038

~~The commissioner shall certify the amounts resulting from the~~	40039
~~adjustment to each county auditor not later than the first day of~~	40040
~~December each year. The certified amounts apply to the second~~	40041
~~ensuing tax year. The commissioner shall not make the adjustment~~	40042
~~in any calendar year in which the amounts resulting from the~~	40043
~~adjustment would be less than the total income amounts, or less~~	40044
~~than the dollar amounts by which assessable value is reduced, for~~	40045
~~the ensuing tax year~~greater of the reduction granted for the tax	40046
year preceding the first tax year to which this section applies	40047
pursuant to Section 803.06 of Am. Sub. H.B. 119 of the 127th	40048
general assembly, if the taxpayer received a reduction for that	40049
preceding tax year, or the product of the following:	40050

(a) Twenty-five thousand dollars of the true value of the	40051
property in money;	40052

(b) The assessment percentage established by the tax	40053
commissioner under division (B) of section 5715.01 of the Revised	40054
Code, not to exceed thirty-five per cent;	40055

(c) The effective tax rate used to calculate the taxes	40056
charged against the property for the current year, where	40057
"effective tax rate" is defined as in section 323.08 of the	40058
Revised Code;	40059

(d) The quantity equal to one minus the sum of the percentage	40060
reductions in taxes received by the property for the current tax	40061
year under section 319.302 of the Revised Code and division (B) of	40062
section 323.152 of the Revised Code.	40063

(2) For manufactured and mobile homes for which the tax	40064
imposed by section 4503.06 of the Revised Code is computed under	40065
division (D)(1) of that section, the reduction shall equal the	40066
greater of the reduction granted for the tax year preceding the	40067
first tax year to which this section applies pursuant to Section	40068
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the	40069
taxpayer received a reduction for that preceding tax year, or the	40070
product of the following:	40071

(a) Twenty-five thousand dollars of the cost to the owner, or	40072
the market value at the time of purchase, whichever is greater, as	40073
those terms are used in division (D)(1) of section 4503.06 of the	40074
Revised Code;	40075

(b) The percentage from the appropriate schedule in division	40076
(D)(1)(b) of section 4503.06 of the Revised Code;	40077

(c) The assessment percentage of forty per cent used in	40078
division (D)(1)(b) of section 4503.06 of the Revised Code;	40079

(d) The tax rate of the taxing district in which the home has	40080
its situs.	40081

(C) If the owner or the spouse of the owner of a manufactured	40082
or mobile home is eligible for a homestead exemption on the land	40083
upon which the home is located, the reduction ~~in assessable value~~	40084
to which the owner or spouse is entitled under this section shall	40085
not exceed the difference between the reduction ~~in assessable~~	40086
~~value~~ to which the owner or spouse is entitled under ~~column A of~~	40087
~~the above schedule~~division (B) of this section and the amount of	40088
the reduction ~~in taxable value that was used to compute~~under the	40089
homestead exemption.	40090

(D) No reduction shall be made ~~on the assessable value of~~	40091
with respect to the home of any person convicted of violating	40092
division (C) or (D) of section 4503.066 of the Revised Code for a	40093
period of three years following the conviction.	40094

Sec. 4503.066. (A)(1) To obtain a tax reduction ~~in the~~	40095
~~assessable value of a manufactured or mobile home~~ under section	40096
4503.065 of the Revised Code, the owner of the home shall file an	40097
application with the county auditor of the county in which the	40098
home is located. An application for reduction in ~~assessable value~~	40099
taxes based upon a physical disability shall be accompanied by a	40100
certificate signed by a physician, and an application for	40101
reduction in ~~assessable value~~taxes based upon a mental disability	40102
shall be accompanied by a certificate signed by a physician or	40103
psychologist licensed to practice in this state. The certificate	40104
shall attest to the fact that the applicant is permanently and	40105
totally disabled, shall be in a form that the department of	40106
taxation requires, and shall include the definition of totally and	40107
permanently disabled as set forth in section 4503.064 of the	40108
Revised Code. An application for reduction in ~~assessable value~~	40109
taxes based upon a disability certified as permanent and total by	40110
a state or federal agency having the function of so classifying	40111
persons shall be accompanied by a certificate from that agency.	40112

(2) Each application shall constitute a continuing	40113
application for a reduction in ~~assessable value~~taxes for each	40114
year in which the manufactured or mobile home is occupied by the	40115
applicant ~~and in which the amount of the reduction in assessable~~	40116
~~value does not exceed either the amount or per cent of the~~	40117
~~reduction for the year in which the application was first filed~~.	40118
Failure to receive a new application or notification under	40119
division (B) of this section after a certificate of reduction has	40120
been issued under section 4503.067 of the Revised Code is	40121
prima-facie evidence that the original applicant is entitled to	40122
the reduction ~~in assessable value~~ calculated on the basis of the	40123
information contained in the original application. The original	40124
application and any subsequent application shall be in the form of	40125
a signed statement and shall be filed not later than the first	40126
Monday in June. The statement shall be on a form, devised and	40127
supplied by the tax commissioner, that shall require no more	40128
information than is necessary to establish the applicant's	40129
eligibility for the reduction in ~~assessable value~~taxes and the	40130
amount of the reduction to which the applicant is entitled. ~~The~~	40131
~~form shall contain a statement that signing such application~~	40132
~~constitutes a delegation of authority by the applicant to the~~	40133
~~county auditor to examine any financial records that relate to~~	40134
~~income earned by the applicant as stated on the application for~~	40135
~~the purpose of determining eligibility under, or possible~~	40136
~~violation of, division (C) or (D) of this section.~~ The form also	40137
shall contain a statement that conviction of willfully falsifying	40138
information to obtain a reduction in ~~assessable value~~taxes or	40139
failing to comply with division (B) of this section shall result	40140
in the revocation of the right to the reduction for a period of	40141
three years.	40142

(3) A late application for a reduction in ~~assessable value~~	40143
taxes for the year preceding the year for which an original	40144
application is filed may be filed with an original application. If	40145
the auditor determines that the information contained in the late	40146
application is correct, the auditor shall determine both the	40147
amount of the reduction in ~~assessable value~~taxes to which the	40148
applicant would have been entitled for the current tax year had	40149
the application been timely filed and approved in the preceding	40150
year, and the amount the taxes levied under section 4503.06 of the	40151
Revised Code for the current year would have been reduced as a	40152
result of the reduction ~~in assessable value~~. When an applicant is	40153
permanently and totally disabled on the first day of January of	40154
the year in which the applicant files a late application, the	40155
auditor, in making the determination of the amounts of the	40156
reduction in ~~assessable value and~~ taxes under division (A)(3) of	40157
this section, is not required to determine that the applicant was	40158
permanently and totally disabled on the first day of January of	40159
the preceding year.	40160

The amount of the reduction in taxes pursuant to a late	40161
application shall be treated as an overpayment of taxes by the	40162
applicant. The auditor shall credit the amount of the overpayment	40163
against the amount of the taxes or penalties then due from the	40164
applicant, and, at the next succeeding settlement, the amount of	40165
the credit shall be deducted from the amount of any taxes or	40166
penalties distributable to the county or any taxing unit in the	40167
county that has received the benefit of the taxes or penalties	40168
previously overpaid, in proportion to the benefits previously	40169
received. If, after the credit has been made, there remains a	40170
balance of the overpayment, or if there are no taxes or penalties	40171
due from the applicant, the auditor shall refund that balance to	40172
the applicant by a warrant drawn on the county treasurer in favor	40173
of the applicant. The treasurer shall pay the warrant from the	40174
general fund of the county. If there is insufficient money in the	40175
general fund to make the payment, the treasurer shall pay the	40176
warrant out of any undivided manufactured or mobile home taxes	40177
subsequently received by the treasurer for distribution to the	40178
county or taxing district in the county that received the benefit	40179
of the overpaid taxes, in proportion to the benefits previously	40180
received, and the amount paid from the undivided funds shall be	40181
deducted from the money otherwise distributable to the county or	40182
taxing district in the county at the next or any succeeding	40183
distribution. At the next or any succeeding distribution after	40184
making the refund, the treasurer shall reimburse the general fund	40185
for any payment made from that fund by deducting the amount of	40186
that payment from the money distributable to the county or other	40187
taxing unit in the county that has received the benefit of the	40188
taxes, in proportion to the benefits previously received. On the	40189
second Monday in September of each year, the county auditor shall	40190
certify the total amount of the reductions in taxes made in the	40191
current year under division (A)(3) of this section to the tax	40192
commissioner who shall treat that amount as a reduction in taxes	40193
for the current tax year and shall make reimbursement to the	40194
county of that amount in the manner prescribed in section 4503.068	40195
of the Revised Code, from moneys appropriated for that purpose.	40196

(B) If in any year after an application has been filed under	40197
division (A) of this section the owner no longer qualifies for the	40198
reduction in ~~assessable value~~taxes for which the owner was issued	40199
a certificate ~~or qualifies for a reduction that is less than~~	40200
~~either the per cent or amount of the reduction to which the owner~~	40201
~~was entitled in the year the application was filed~~, the owner	40202
shall notify the county auditor that the owner is not qualified	40203
for a reduction in ~~the assessable value of the home or file a new~~	40204
~~application under division (A) of this section~~taxes.	40205

During January of each year, the county auditor shall furnish	40206
each person issued a certificate of reduction ~~in value~~, by	40207
ordinary mail, a form on which to report any ~~changes in total~~	40208
~~income that would have the effect of increasing or decreasing the~~	40209
~~reduction to which the person is entitled,~~ changes in ownership of	40210
the home, including changes in or revocation of a revocable inter	40211
vivos trust, changes in disability, and other changes in the	40212
information earlier furnished the auditor relative to the	40213
application. ~~The form shall be completed and returned to the~~	40214
~~auditor not later than the first Monday in June if the changes~~	40215
~~would affect the level of reduction in assessable value.~~	40216

(C) No person shall knowingly make a false statement for the	40217
purpose of obtaining a reduction in ~~assessable value~~taxes under	40218
section 4503.065 of the Revised Code.	40219

(D) No person shall knowingly fail to notify the county	40220
auditor of any change required by division (B) of this section	40221
that has the effect of maintaining or securing a reduction in	40222
~~assessable value of the home in excess of the reduction allowed~~	40223
taxes under section 4503.065 of the Revised Code.	40224

(E) No person shall knowingly make a false statement or	40225
certification attesting to any person's physical or mental	40226
condition for purposes of qualifying such person for tax relief	40227
pursuant to sections 4503.064 to 4503.069 of the Revised Code.	40228

(F) Whoever violates division (C), (D), or (E) of this	40229
section is guilty of a misdemeanor of the fourth degree.	40230

Sec. 4503.067. (A) At the same time the tax bill for the	40231
first half of the tax year is issued, the county auditor shall	40232
issue a certificate of reduction in ~~assessable value of~~taxes for	40233
a manufactured or mobile home in triplicate for each person who	40234
has complied with section 4503.066 of the Revised Code and been	40235
found by the auditor to be entitled to a reduction ~~of assessable~~	40236
~~value~~in taxes for the succeeding tax year. The certificate shall	40237
set forth the ~~assessable value of the home calculated under~~	40238
~~section 4503.06 of the Revised Code and the~~ amount of the	40239
reduction in ~~assessable value of the home~~taxes calculated under	40240
section 4503.065 of the Revised Code. Upon issuance of the	40241
certificate, the auditor shall reduce the ~~assessable value of~~	40242
manufactured home tax levied on the home for the succeeding tax	40243
year by the required amount and forward the original and one copy	40244
of the certificate to the county treasurer. The auditor shall	40245
retain one copy of the certificate. The treasurer shall retain the	40246
original certificate and forward the remaining copy to the	40247
recipient with the tax bill delivered pursuant to division (D)(6)	40248
of section 4503.06 of the Revised Code.	40249

(B) If the application or a continuing application is not	40250
approved, the auditor shall notify the applicant of the reasons	40251
for denial no later than the first Monday in October. If a person	40252
believes that the person's application for reduction in ~~assessable~~	40253
~~value of a home~~taxes has been improperly denied or is for less	40254
than that to which the person is entitled, the person may file an	40255
appeal with the county board of revision no later than the	40256
thirty-first day of January of the following calendar year. The	40257
appeal shall be treated in the same manner as a complaint relating	40258
to the valuation or assessment of real property under Chapter	40259
5715. of the Revised Code.	40260

Sec. 4503.10. (A) The owner of every snowmobile, off-highway	40261
motorcycle, and all-purpose vehicle required to be registered	40262
under section 4519.02 of the Revised Code shall file an	40263
application for registration under section 4519.03 of the Revised	40264
Code. The owner of a motor vehicle, other than a snowmobile,	40265
off-highway motorcycle, or all-purpose vehicle, that is not	40266
designed and constructed by the manufacturer for operation on a	40267
street or highway may not register it under this chapter except	40268
upon certification of inspection pursuant to section 4513.02 of	40269
the Revised Code by the sheriff, or the chief of police of the	40270
municipal corporation or township, with jurisdiction over the	40271
political subdivision in which the owner of the motor vehicle	40272
resides. Except as provided in section 4503.103 of the Revised	40273
Code, every owner of every other motor vehicle not previously	40274
described in this section and every person mentioned as owner in	40275
the last certificate of title of a motor vehicle that is operated	40276
or driven upon the public roads or highways shall cause to be	40277
filed each year, by mail or otherwise, in the office of the	40278
registrar of motor vehicles or a deputy registrar, a written or	40279
electronic application or a preprinted registration renewal notice	40280
issued under section 4503.102 of the Revised Code, the form of	40281
which shall be prescribed by the registrar, for registration for	40282
the following registration year, which shall begin on the first	40283
day of January of every calendar year and end on the thirty-first	40284
day of December in the same year. Applications for registration	40285
and registration renewal notices shall be filed at the times	40286
established by the registrar pursuant to section 4503.101 of the	40287
Revised Code. A motor vehicle owner also may elect to apply for or	40288
renew a motor vehicle registration by electronic means using	40289
electronic signature in accordance with rules adopted by the	40290
registrar. Except as provided in division (J) of this section,	40291
applications for registration shall be made on blanks furnished by	40292
the registrar for that purpose, containing the following	40293
information:	40294

(1) A brief description of the motor vehicle to be	40295
registered, including the year, make, model, and vehicle	40296
identification number, and, in the case of commercial cars, the	40297
gross weight of the vehicle fully equipped computed in the manner	40298
prescribed in section 4503.08 of the Revised Code;	40299

(2) The name and residence address of the owner, and the	40300
township and municipal corporation in which the owner resides;	40301

(3) The district of registration, which shall be determined	40302
as follows:	40303

(a) In case the motor vehicle to be registered is used for	40304
hire or principally in connection with any established business or	40305
branch business, conducted at a particular place, the district of	40306
registration is the municipal corporation in which that place is	40307
located or, if not located in any municipal corporation, the	40308
county and township in which that place is located.	40309

(b) In case the vehicle is not so used, the district of	40310
registration is the municipal corporation or county in which the	40311
owner resides at the time of making the application.	40312

(4) Whether the motor vehicle is a new or used motor vehicle;

40313

(5) The date of purchase of the motor vehicle;

40314

(6) Whether the fees required to be paid for the registration	40315
or transfer of the motor vehicle, during the preceding	40316
registration year and during the preceding period of the current	40317
registration year, have been paid. Each application for	40318
registration shall be signed by the owner, either manually or by	40319
electronic signature, or pursuant to obtaining a limited power of	40320
attorney authorized by the registrar for registration, or other	40321
document authorizing such signature. If the owner elects to apply	40322
for or renew the motor vehicle registration with the registrar by	40323
electronic means, the owner's manual signature is not required.	40324

(7) The owner's social security number, driver's license	40325
number, or state identification number, or, where a motor vehicle	40326
to be registered is used for hire or principally in connection	40327
with any established business, the owner's federal taxpayer	40328
identification number. The bureau of motor vehicles shall retain	40329
in its records all social security numbers provided under this	40330
section, but the bureau shall not place social security numbers on	40331
motor vehicle certificates of registration.	40332

(B) Except as otherwise provided in this division, each time	40333
an applicant first registers a motor vehicle in the applicant's	40334
name, the applicant shall present for inspection a physical	40335
certificate of title or memorandum certificate showing title to	40336
the motor vehicle to be registered in the name of the applicant if	40337
a physical certificate of title or memorandum certificate has been	40338
issued by a clerk of a court of common pleas. If, under sections	40339
4505.021, 4505.06, and 4505.08 of the Revised Code, a clerk	40340
instead has issued an electronic certificate of title for the	40341
applicant's motor vehicle, that certificate may be presented for	40342
inspection at the time of first registration in a manner	40343
prescribed by rules adopted by the registrar. An applicant is not	40344
required to present a certificate of title to an electronic motor	40345
vehicle dealer acting as a limited authority deputy registrar in	40346
accordance with rules adopted by the registrar. When a motor	40347
vehicle inspection and maintenance program is in effect under	40348
section 3704.14 of the Revised Code and rules adopted under it,	40349
each application for registration for a vehicle required to be	40350
inspected under that section and those rules shall be accompanied	40351
by an inspection certificate for the motor vehicle issued in	40352
accordance with that section. The application shall be refused if	40353
any of the following applies:	40354

(1) The application is not in proper form.

40355

(2) The application is prohibited from being accepted by	40356
division (D) of section 2935.27, division (A) of section 2937.221,	40357
division (A) of section 4503.13, division (B) of section 4510.22,	40358
or division (B)(1) of section 4521.10 of the Revised Code.	40359

(3) A certificate of title or memorandum certificate of title	40360
is required but does not accompany the application or, in the case	40361
of an electronic certificate of title, is required but is not	40362
presented in a manner prescribed by the registrar's rules.	40363

(4) All registration and transfer fees for the motor vehicle,	40364
for the preceding year or the preceding period of the current	40365
registration year, have not been paid.	40366

(5) The owner or lessee does not have an inspection	40367
certificate for the motor vehicle as provided in section 3704.14	40368
of the Revised Code, and rules adopted under it, if that section	40369
is applicable.	40370

This section does not require the payment of license or	40371
registration taxes on a motor vehicle for any preceding year, or	40372
for any preceding period of a year, if the motor vehicle was not	40373
taxable for that preceding year or period under sections 4503.02,	40374
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	40375
Revised Code. When a certificate of registration is issued upon	40376
the first registration of a motor vehicle by or on behalf of the	40377
owner, the official issuing the certificate shall indicate the	40378
issuance with a stamp on the certificate of title or memorandum	40379
certificate or, in the case of an electronic certificate of title,	40380
an electronic stamp or other notation as specified in rules	40381
adopted by the registrar, and with a stamp on the inspection	40382
certificate for the motor vehicle, if any. The official also shall	40383
indicate, by a stamp or by other means the registrar prescribes,	40384
on the registration certificate issued upon the first registration	40385
of a motor vehicle by or on behalf of the owner the odometer	40386
reading of the motor vehicle as shown in the odometer statement	40387
included in or attached to the certificate of title. Upon each	40388
subsequent registration of the motor vehicle by or on behalf of	40389
the same owner, the official also shall so indicate the odometer	40390
reading of the motor vehicle as shown on the immediately preceding	40391
certificate of registration.	40392

The registrar shall include in the permanent registration	40393
record of any vehicle required to be inspected under section	40394
3704.14 of the Revised Code the inspection certificate number from	40395
the inspection certificate that is presented at the time of	40396
registration of the vehicle as required under this division.	40397

(C)(1) Commencing with each registration renewal with an	40398
expiration date on or after October 1, 2003, and for each initial	40399
application for registration received on and after that date, the	40400
registrar and each deputy registrar shall collect an additional	40401
fee of eleven dollars for each application for registration and	40402
registration renewal received. The additional fee is for the	40403
purpose of defraying the department of public safety's costs	40404
associated with the administration and enforcement of the motor	40405
vehicle and traffic laws of Ohio. Each deputy registrar shall	40406
transmit the fees collected under division (C)(1) of this section	40407
in the time and manner provided in this section. The registrar	40408
shall deposit all moneys received under division (C)(1) of this	40409
section into the state highway safety fund established in section	40410
4501.06 of the Revised Code.	40411

(2) In addition, a charge of twenty-five cents shall be made	40412
for each reflectorized safety license plate issued, and a single	40413
charge of twenty-five cents shall be made for each county	40414
identification sticker or each set of county identification	40415
stickers issued, as the case may be, to cover the cost of	40416
producing the license plates and stickers, including material,	40417
manufacturing, and administrative costs. Those fees shall be in	40418
addition to the license tax. If the total cost of producing the	40419
plates is less than twenty-five cents per plate, or if the total	40420
cost of producing the stickers is less than twenty-five cents per	40421
sticker or per set issued, any excess moneys accruing from the	40422
fees shall be distributed in the same manner as provided by	40423
section 4501.04 of the Revised Code for the distribution of	40424
license tax moneys. If the total cost of producing the plates	40425
exceeds twenty-five cents per plate, or if the total cost of	40426
producing the stickers exceeds twenty-five cents per sticker or	40427
per set issued, the difference shall be paid from the license tax	40428
moneys collected pursuant to section 4503.02 of the Revised Code.	40429

(D) Each deputy registrar shall be allowed a fee of two	40430
dollars and seventy-five cents commencing on July 1, 2001, three	40431
dollars and twenty-five cents commencing on January 1, 2003, and	40432
three dollars and fifty cents commencing on January 1, 2004, for	40433
each application for registration and registration renewal notice	40434
the deputy registrar receives, which shall be for the purpose of	40435
compensating the deputy registrar for the deputy registrar's	40436
services, and such office and rental expenses, as may be necessary	40437
for the proper discharge of the deputy registrar's duties in the	40438
receiving of applications and renewal notices and the issuing of	40439
registrations.	40440

(E) Upon the certification of the registrar, the county	40441
sheriff or local police officials shall recover license plates	40442
erroneously or fraudulently issued.	40443

(F) Each deputy registrar, upon receipt of any application	40444
for registration or registration renewal notice, together with the	40445
license fee and any local motor vehicle license tax levied	40446
pursuant to Chapter 4504. of the Revised Code, shall transmit that	40447
fee and tax, if any, in the manner provided in this section,	40448
together with the original and duplicate copy of the application,	40449
to the registrar. The registrar, subject to the approval of the	40450
director of public safety, may deposit the funds collected by	40451
those deputies in a local bank or depository to the credit of the	40452
"state of Ohio, bureau of motor vehicles." Where a local bank or	40453
depository has been designated by the registrar, each deputy	40454
registrar shall deposit all moneys collected by the deputy	40455
registrar into that bank or depository not more than one business	40456
day after their collection and shall make reports to the registrar	40457
of the amounts so deposited, together with any other information,	40458
some of which may be prescribed by the treasurer of state, as the	40459
registrar may require and as prescribed by the registrar by rule.	40460
The registrar, within three days after receipt of notification of	40461
the deposit of funds by a deputy registrar in a local bank or	40462
depository, shall draw on that account in favor of the treasurer	40463
of state. The registrar, subject to the approval of the director	40464
and the treasurer of state, may make reasonable rules necessary	40465
for the prompt transmittal of fees and for safeguarding the	40466
interests of the state and of counties, townships, municipal	40467
corporations, and transportation improvement districts levying	40468
local motor vehicle license taxes. The registrar may pay service	40469
charges usually collected by banks and depositories for such	40470
service. If deputy registrars are located in communities where	40471
banking facilities are not available, they shall transmit the fees	40472
forthwith, by money order or otherwise, as the registrar, by rule	40473
approved by the director and the treasurer of state, may	40474
prescribe. The registrar may pay the usual and customary fees for	40475
such service.	40476

(G) This section does not prevent any person from making an	40477
application for a motor vehicle license directly to the registrar	40478
by mail, by electronic means, or in person at any of the	40479
registrar's offices, upon payment of a service fee of two dollars	40480
and seventy-five cents commencing on July 1, 2001, three dollars	40481
and twenty-five cents commencing on January 1, 2003, and three	40482
dollars and fifty cents commencing on January 1, 2004, for each	40483
application.	40484

(H) No person shall make a false statement as to the district	40485
of registration in an application required by division (A) of this	40486
section. Violation of this division is falsification under section	40487
2921.13 of the Revised Code and punishable as specified in that	40488
section.	40489

(I)(1) Where applicable, the requirements of division (B) of	40490
this section relating to the presentation of an inspection	40491
certificate issued under section 3704.14 of the Revised Code and	40492
rules adopted under it for a motor vehicle, the refusal of a	40493
license for failure to present an inspection certificate, and the	40494
stamping of the inspection certificate by the official issuing the	40495
certificate of registration apply to the registration of and	40496
issuance of license plates for a motor vehicle under sections	40497
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	40498
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	40499
4503.47, and 4503.51 of the Revised Code.	40500

(2)(a) The registrar shall adopt rules ensuring that each	40501
owner registering a motor vehicle in a county where a motor	40502
vehicle inspection and maintenance program is in effect under	40503
section 3704.14 of the Revised Code and rules adopted under it	40504
receives information about the requirements established in that	40505
section and those rules and about the need in those counties to	40506
present an inspection certificate with an application for	40507
registration or preregistration.	40508

(b) Upon request, the registrar shall provide the director of	40509
environmental protection, or any person that has been awarded a	40510
contract under ~~division (D) of~~ section 3704.14 of the Revised	40511
Code, an on-line computer data link to registration information	40512
for all passenger cars, noncommercial motor vehicles, and	40513
commercial cars that are subject to that section. The registrar	40514
also shall provide to the director of environmental protection a	40515
magnetic data tape containing registration information regarding	40516
passenger cars, noncommercial motor vehicles, and commercial cars	40517
for which a multi-year registration is in effect under section	40518
4503.103 of the Revised Code or rules adopted under it, including,	40519
without limitation, the date of issuance of the multi-year	40520
registration, the registration deadline established under rules	40521
adopted under section 4503.101 of the Revised Code that was	40522
applicable in the year in which the multi-year registration was	40523
issued, and the registration deadline for renewal of the	40524
multi-year registration.	40525

(J) Application for registration under the international	40526
registration plan, as set forth in sections 4503.60 to 4503.66 of	40527
the Revised Code, shall be made to the registrar on forms	40528
furnished by the registrar. In accordance with international	40529
registration plan guidelines and pursuant to rules adopted by the	40530
registrar, the forms shall include the following:	40531

(1) A uniform mileage schedule;

40532

(2) The gross vehicle weight of the vehicle or combined gross	40533
vehicle weight of the combination vehicle as declared by the	40534
registrant;	40535

(3) Any other information the registrar requires by rule.

40536

Sec. 4503.102. (A) The registrar of motor vehicles shall	40537
adopt rules to establish a centralized system of motor vehicle	40538
registration renewal by mail or by electronic means. Any person	40539
owning a motor vehicle that was registered in the person's name	40540
during the preceding registration year shall renew the	40541
registration of the motor vehicle not more than ninety days prior	40542
to the expiration date of the registration either by mail or by	40543
electronic means through the centralized system of registration	40544
established under this section, or in person at any office of the	40545
registrar or at a deputy registrar's office.	40546

(B)(1) No less than forty-five days prior to the expiration	40547
date of any motor vehicle registration, the registrar shall mail a	40548
renewal notice to the person in whose name the motor vehicle is	40549
registered. The renewal notice shall clearly state that the	40550
registration of the motor vehicle may be renewed by mail or	40551
electronic means through the centralized system of registration or	40552
in person at any office of the registrar or at a deputy	40553
registrar's office and shall be preprinted with information	40554
including, but not limited to, the owner's name and residence	40555
address as shown in the records of the bureau of motor vehicles, a	40556
brief description of the motor vehicle to be registered, notice of	40557
the license taxes and fees due on the motor vehicle, the toll-free	40558
telephone number of the registrar as required under division	40559
(D)(1) of section 4503.031 of the Revised Code, and any additional	40560
information the registrar may require by rule. The renewal notice	40561
shall be sent by regular mail to the owner's last known address as	40562
shown in the records of the bureau of motor vehicles.	40563

(2) If the application for renewal of the registration of a	40564
motor vehicle is prohibited from being accepted by the registrar	40565
or a deputy registrar by division (D) of section 2935.27, division	40566
(A) of section 2937.221, division (A) of section 4503.13, division	40567
(B) of section 4510.22, or division (B)(1) of section 4521.10 of	40568
the Revised Code, the registrar is not required to send a renewal	40569
notice to the vehicle owner or vehicle lessee.	40570

(C) The owner of the motor vehicle shall verify the	40571
information contained in the notice, sign it either manually or by	40572
electronic means, and return it, either by mail or electronic	40573
means, or the owner may take it in person to any office of the	40574
registrar or of a deputy registrar, together with a financial	40575
transaction device number, when permitted by rule of the	40576
registrar, check, or money order in the amount of the registration	40577
taxes and fees payable on the motor vehicle and a mail fee of two	40578
dollars and seventy-five cents commencing on July 1, 2001, three	40579
dollars and twenty-five cents commencing on January 1, 2003, and	40580
three dollars and fifty cents commencing on January 1, 2004, plus	40581
postage as indicated on the notice, if the registration is renewed	40582
by mail, and an inspection certificate for the motor vehicle as	40583
provided in section 3704.14 of the Revised Code. If the motor	40584
vehicle owner chooses to renew the motor vehicle registration by	40585
electronic means, the owner shall proceed in accordance with the	40586
rules the registrar adopts.	40587

(D) If all registration and transfer fees for the motor	40588
vehicle for the preceding year or the preceding period of the	40589
current registration year have not been paid, if division (D) of	40590
section 2935.27, division (A) of section 2937.221, division (A) of	40591
section 4503.13, division (B) of section 4510.22, or division	40592
(B)(1) of section 4521.10 of the Revised Code prohibits acceptance	40593
of the renewal notice, or if the owner or lessee does not have an	40594
inspection certificate for the motor vehicle as provided in	40595
section 3704.14 of the Revised Code, if that section is	40596
applicable, the license shall be refused, and the registrar or	40597
deputy registrar shall so notify the owner. This section does not	40598
require the payment of license or registration taxes on a motor	40599
vehicle for any preceding year, or for any preceding period of a	40600
year, if the motor vehicle was not taxable for that preceding year	40601
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or	40602
4503.16 or Chapter 4504. of the Revised Code.	40603

(E)(1) Failure to receive a renewal notice does not relieve a	40604
motor vehicle owner from the responsibility to renew the	40605
registration for the motor vehicle. Any person who has a motor	40606
vehicle registered in this state and who does not receive a	40607
renewal notice as provided in division (B) of this section prior	40608
to the expiration date of the registration shall request an	40609
application for registration from the registrar or a deputy	40610
registrar and sign the application manually or by electronic means	40611
and submit the application and pay any applicable license taxes	40612
and fees to the registrar or deputy registrar.	40613

(2) If the owner of a motor vehicle submits an application	40614
for registration and the registrar is prohibited by division (D)	40615
of section 2935.27, division (A) of section 2937.221, division (A)	40616
of section 4503.13, division (B) of section 4510.22, or division	40617
(B)(1) of section 4521.10 of the Revised Code from accepting the	40618
application, the registrar shall return the application and the	40619
payment to the owner. If the owner of a motor vehicle submits a	40620
registration renewal application to the registrar by electronic	40621
means and the registrar is prohibited from accepting the	40622
application as provided in this division, the registrar shall	40623
notify the owner of this fact and deny the application and return	40624
the payment or give a credit on the financial transaction device	40625
account of the owner in the manner the registrar prescribes by	40626
rule adopted pursuant to division (A) of this section.	40627

(F) Every deputy registrar shall post in a prominent place at	40628
the deputy's office a notice informing the public of the mail	40629
registration system required by this section and also shall post a	40630
notice that every owner of a motor vehicle and every chauffeur	40631
holding a certificate of registration is required to notify the	40632
registrar in writing of any change of residence within ten days	40633
after the change occurs. The notice shall be in such form as the	40634
registrar prescribes by rule.	40635

(G) The two dollars and seventy-five cents fee collected from	40636
July 1, 2001, through December 31, 2002, the three dollars and	40637
twenty-five cents fee collected from January 1, 2003, through	40638
December 31, 2003, and the three dollars and fifty cents fee	40639
collected after January 1, 2004, plus postage and any financial	40640
transaction device surcharge collected by the registrar for	40641
registration by mail, shall be paid to the credit of the state	40642
bureau of motor vehicles fund established by section 4501.25 of	40643
the Revised Code.	40644

(H)(1) Pursuant to section 113.40 of the Revised Code, the	40645
registrar may implement a program permitting payment of motor	40646
vehicle registration taxes and fees, driver's license and	40647
commercial driver's license fees, and any other taxes, fees,	40648
penalties, or charges imposed or levied by the state by means of a	40649
financial transaction device. The registrar may adopt rules as	40650
necessary for this purpose.	40651

(2) Commencing with deputy registrar contract awards that	40652
have a start date of July 1, 2008, and for all contract awards	40653
thereafter, the registrar shall incorporate in the review process	40654
a score for whether or not a proposer states that the proposer	40655
will accept payment by means of a financial transaction device,	40656
including credit cards and debit cards, for all department of	40657
public safety transactions conducted at that deputy registrar	40658
location.	40659

A deputy registrar shall not be required to accept payment by	40660
means of a financial transaction device unless the deputy	40661
registrar agreed to do so in the deputy registrar's contract. The	40662
bureau shall not be required to pay any costs incurred by a deputy	40663
registrar who accepts payment by means of a financial transaction	40664
device that result from the deputy registrar accepting payment by	40665
means of a financial transaction device.	40666

(I) For persons who reside in counties where tailpipe	40667
emissions inspections are required under the motor vehicle	40668
inspection and maintenance program, the notice required by	40669
division (B) of this section shall also include the toll-free	40670
telephone number maintained by the Ohio environmental protection	40671
agency to provide information concerning the locations of	40672
emissions testing centers.	40673

Sec. 4503.35. (A) The motor vehicles furnished by the state	40674
for use by the elective state officials, and motor vehicles owned	40675
and operated by political subdivisions of the state, are exempt	40676
from section 4503.23 of the Revised Code.	40677

(B) The ~~motor~~following vehicles are exempt from section	40678
4503.23 of the Revised Code:	40679

(1) Motor vehicles operated by troopers of the state highway	40680
patrol~~, and motor~~;	40681

(2) Motor vehicles operated by or on behalf of any person	40682
whose responsibilities include involvement in authorized civil or	40683
criminal investigations requiring that the presence and identity	40684
of the vehicle occupants be undisclosed~~, are exempt from section~~	40685
~~4503.23 of the Revised Code~~;	40686

(3) Motor vehicles used to assist crime victims when a state	40687
agency determines that the situation warrants it.	40688

Sec. 4505.06. (A)(1) Application for a certificate of title	40689
shall be made in a form prescribed by the registrar of motor	40690
vehicles and shall be sworn to before a notary public or other	40691
officer empowered to administer oaths. The application shall be	40692
filed with the clerk of any court of common pleas. An application	40693
for a certificate of title may be filed electronically by any	40694
electronic means approved by the registrar in any county with the	40695
clerk of the court of common pleas of that county. Any payments	40696
required by this chapter shall be considered as accompanying any	40697
electronically transmitted application when payment actually is	40698
received by the clerk. Payment of any fee or taxes may be made by	40699
electronic transfer of funds.	40700

(2) The application for a certificate of title shall be	40701
accompanied by the fee prescribed in section 4505.09 of the	40702
Revised Code. The fee shall be retained by the clerk who issues	40703
the certificate of title and shall be distributed in accordance	40704
with that section. If a clerk of a court of common pleas, other	40705
than the clerk of the court of common pleas of an applicant's	40706
county of residence, issues a certificate of title to the	40707
applicant, the clerk shall transmit data related to the	40708
transaction to the automated title processing system.	40709

(3) If a certificate of title previously has been issued for	40710
a motor vehicle in this state, the application for a certificate	40711
of title also shall be accompanied by that certificate of title	40712
duly assigned, unless otherwise provided in this chapter. If a	40713
certificate of title previously has not been issued for the motor	40714
vehicle in this state, the application, unless otherwise provided	40715
in this chapter, shall be accompanied by a manufacturer's or	40716
importer's certificate or by a certificate of title of another	40717
state from which the motor vehicle was brought into this state. If	40718
the application refers to a motor vehicle last previously	40719
registered in another state, the application also shall be	40720
accompanied by the physical inspection certificate required by	40721
section 4505.061 of the Revised Code. If the application is made	40722
by two persons regarding a motor vehicle in which they wish to	40723
establish joint ownership with right of survivorship, they may do	40724
so as provided in section 2131.12 of the Revised Code. If the	40725
applicant requests a designation of the motor vehicle in	40726
beneficiary form so that upon the death of the owner of the motor	40727
vehicle, ownership of the motor vehicle will pass to a designated	40728
transfer-on-death beneficiary or beneficiaries, the applicant may	40729
do so as provided in section 2131.13 of the Revised Code. A person	40730
who establishes ownership of a motor vehicle that is transferable	40731
on death in accordance with section 2131.13 of the Revised Code	40732
may terminate that type of ownership or change the designation of	40733
the transfer-on-death beneficiary or beneficiaries by applying for	40734
a certificate of title pursuant to this section. The clerk shall	40735
retain the evidence of title presented by the applicant and on	40736
which the certificate of title is issued, except that, if an	40737
application for a certificate of title is filed electronically by	40738
an electronic motor vehicle dealer on behalf of the purchaser of a	40739
motor vehicle, the clerk shall retain the completed electronic	40740
record to which the dealer converted the certificate of title	40741
application and other required documents. The registrar, after	40742
consultation with the attorney general, shall adopt rules that	40743
govern the location at which, and the manner in which, are stored	40744
the actual application and all other documents relating to the	40745
sale of a motor vehicle when an electronic motor vehicle dealer	40746
files the application for a certificate of title electronically on	40747
behalf of the purchaser.	40748

The clerk shall use reasonable diligence in ascertaining	40749
whether or not the facts in the application for a certificate of	40750
title are true by checking the application and documents	40751
accompanying it or the electronic record to which a dealer	40752
converted the application and accompanying documents with the	40753
records of motor vehicles in the clerk's office. If the clerk is	40754
satisfied that the applicant is the owner of the motor vehicle and	40755
that the application is in the proper form, the clerk, within five	40756
business days after the application is filed and except as	40757
provided in section 4505.021 of the Revised Code, shall issue a	40758
physical certificate of title over the clerk's signature and	40759
sealed with the clerk's seal, unless the applicant specifically	40760
requests the clerk not to issue a physical certificate of title	40761
and instead to issue an electronic certificate of title. For	40762
purposes of the transfer of a certificate of title, if the clerk	40763
is satisfied that the secured party has duly discharged a lien	40764
notation but has not canceled the lien notation with a clerk, the	40765
clerk may cancel the lien notation on the automated title	40766
processing system and notify the clerk of the county of origin.	40767

(4) In the case of the sale of a motor vehicle to a general	40768
buyer or user by a dealer, by a motor vehicle leasing dealer	40769
selling the motor vehicle to the lessee or, in a case in which the	40770
leasing dealer subleased the motor vehicle, the sublessee, at the	40771
end of the lease agreement or sublease agreement, or by a	40772
manufactured home broker, the certificate of title shall be	40773
obtained in the name of the buyer by the dealer, leasing dealer,	40774
or manufactured home broker, as the case may be, upon application	40775
signed by the buyer. The certificate of title shall be issued, or	40776
the process of entering the certificate of title application	40777
information into the automated title processing system if a	40778
physical certificate of title is not to be issued shall be	40779
completed, within five business days after the application for	40780
title is filed with the clerk. If the buyer of the motor vehicle	40781
previously leased the motor vehicle and is buying the motor	40782
vehicle at the end of the lease pursuant to that lease, the	40783
certificate of title shall be obtained in the name of the buyer by	40784
the motor vehicle leasing dealer who previously leased the motor	40785
vehicle to the buyer or by the motor vehicle leasing dealer who	40786
subleased the motor vehicle to the buyer under a sublease	40787
agreement.	40788

In all other cases, except as provided in section 4505.032	40789
and division (D)(2) of section 4505.11 of the Revised Code, such	40790
certificates shall be obtained by the buyer.	40791

(5)(a)(i) If the certificate of title is being obtained in	40792
the name of the buyer by a motor vehicle dealer or motor vehicle	40793
leasing dealer and there is a security interest to be noted on the	40794
certificate of title, the dealer or leasing dealer shall submit	40795
the application for the certificate of title and payment of the	40796
applicable tax to a clerk within seven business days after the	40797
later of the delivery of the motor vehicle to the buyer or the	40798
date the dealer or leasing dealer obtains the manufacturer's or	40799
importer's certificate, or certificate of title issued in the name	40800
of the dealer or leasing dealer, for the motor vehicle. Submission	40801
of the application for the certificate of title and payment of the	40802
applicable tax within the required seven business days may be	40803
indicated by postmark or receipt by a clerk within that period.	40804

(ii) Upon receipt of the certificate of title with the	40805
security interest noted on its face, the dealer or leasing dealer	40806
shall forward the certificate of title to the secured party at the	40807
location noted in the financing documents or otherwise specified	40808
by the secured party.	40809

(iii) A motor vehicle dealer or motor vehicle leasing dealer	40810
is liable to a secured party for a late fee of ten dollars per day	40811
for each certificate of title application and payment of the	40812
applicable tax that is submitted to a clerk more than seven	40813
business days but less than twenty-one days after the later of the	40814
delivery of the motor vehicle to the buyer or the date the dealer	40815
or leasing dealer obtains the manufacturer's or importer's	40816
certificate, or certificate of title issued in the name of the	40817
dealer or leasing dealer, for the motor vehicle and, from then on,	40818
twenty-five dollars per day until the application and applicable	40819
tax are submitted to a clerk.	40820

(b) In all cases of transfer of a motor vehicle, the	40821
application for certificate of title shall be filed within thirty	40822
days after the assignment or delivery of the motor vehicle. If an	40823
application for a certificate of title is not filed within the	40824
period specified in division (A)(5)(b) of this section, the clerk	40825
shall collect a fee of five dollars for the issuance of the	40826
certificate, except that no such fee shall be required from a	40827
motor vehicle salvage dealer, as defined in division (A) of	40828
section 4738.01 of the Revised Code, who immediately surrenders	40829
the certificate of title for cancellation. The fee shall be in	40830
addition to all other fees established by this chapter, and shall	40831
be retained by the clerk. The registrar shall provide, on the	40832
certificate of title form prescribed by section 4505.07 of the	40833
Revised Code, language necessary to give evidence of the date on	40834
which the assignment or delivery of the motor vehicle was made.	40835

(6) As used in division (A) of this section, "lease	40836
agreement," "lessee," and "sublease agreement" have the same	40837
meanings as in section 4505.04 of the Revised Code.	40838

(B)(1) The clerk, except as provided in this section, shall	40839
refuse to accept for filing any application for a certificate of	40840
title and shall refuse to issue a certificate of title unless the	40841
dealer or manufactured home broker or the applicant, in cases in	40842
which the certificate shall be obtained by the buyer, submits with	40843
the application payment of the tax levied by or pursuant to	40844
Chapters 5739. and 5741. of the Revised Code based on the	40845
purchaser's county of residence. Upon payment of the tax in	40846
accordance with division (E) of this section, the clerk shall	40847
issue a receipt prescribed by the registrar and agreed upon by the	40848
tax commissioner showing payment of the tax or a receipt issued by	40849
the commissioner showing the payment of the tax. When submitting	40850
payment of the tax to the clerk, a dealer shall retain any	40851
discount to which the dealer is entitled under section 5739.12 of	40852
the Revised Code.	40853

(2) For receiving and disbursing such taxes paid to the clerk	40854
by a resident of the clerk's county, the clerk may retain a	40855
poundage fee of one and one one-hundredth per cent, and the clerk	40856
shall pay the poundage fee into the certificate of title	40857
administration fund created by section 325.33 of the Revised Code.	40858
The clerk shall not retain a poundage fee from payments of taxes	40859
by persons who do not reside in the clerk's county.	40860

A clerk, however, may retain from the taxes paid to the clerk	40861
an amount equal to the poundage fees associated with certificates	40862
of title issued by other clerks of courts of common pleas to	40863
applicants who reside in the first clerk's county. The registrar,	40864
in consultation with the tax commissioner and the clerks of the	40865
courts of common pleas, shall develop a report from the automated	40866
title processing system that informs each clerk of the amount of	40867
the poundage fees that the clerk is permitted to retain from those	40868
taxes because of certificates of title issued by the clerks of	40869
other counties to applicants who reside in the first clerk's	40870
county.	40871

(3) In the case of casual sales of motor vehicles, as defined	40872
in section 4517.01 of the Revised Code, the price for the purpose	40873
of determining the tax shall be the purchase price on the assigned	40874
certificate of title executed by the seller and filed with the	40875
clerk by the buyer on a form to be prescribed by the registrar,	40876
which shall be prima-facie evidence of the amount for the	40877
determination of the tax.	40878

(4) Each county clerk shall forward to the treasurer of state	40879
all sales and use tax collections resulting from sales of motor	40880
vehicles, off-highway motorcycles, and all-purpose vehicles during	40881
a calendar week on or before the Friday following the close of	40882
that week. If, on any Friday, the offices of the clerk of courts	40883
or the state are not open for business, the tax shall be forwarded	40884
to the treasurer of state on or before the next day on which the	40885
offices are open. Every remittance of tax under division (B)(4) of	40886
this section shall be accompanied by a remittance report in such	40887
form as the tax commissioner prescribes. Upon receipt of a tax	40888
remittance and remittance report, the treasurer of state shall	40889
date stamp the report and forward it to the tax commissioner. If	40890
the tax due for any week is not remitted by a clerk of courts as	40891
required under division (B)(4) of this section, the commissioner	40892
may require the clerk to forfeit the poundage fees for the sales	40893
made during that week. The treasurer of state may require the	40894
clerks of courts to transmit tax collections and remittance	40895
reports electronically.	40896

(C)(1) If the transferor indicates on the certificate of	40897
title that the odometer reflects mileage in excess of the designed	40898
mechanical limit of the odometer, the clerk shall enter the phrase	40899
"exceeds mechanical limits" following the mileage designation. If	40900
the transferor indicates on the certificate of title that the	40901
odometer reading is not the actual mileage, the clerk shall enter	40902
the phrase "nonactual: warning - odometer discrepancy" following	40903
the mileage designation. The clerk shall use reasonable care in	40904
transferring the information supplied by the transferor, but is	40905
not liable for any errors or omissions of the clerk or those of	40906
the clerk's deputies in the performance of the clerk's duties	40907
created by this chapter.	40908

The registrar shall prescribe an affidavit in which the	40909
transferor shall swear to the true selling price and, except as	40910
provided in this division, the true odometer reading of the motor	40911
vehicle. The registrar may prescribe an affidavit in which the	40912
seller and buyer provide information pertaining to the odometer	40913
reading of the motor vehicle in addition to that required by this	40914
section, as such information may be required by the United States	40915
secretary of transportation by rule prescribed under authority of	40916
subchapter IV of the "Motor Vehicle Information and Cost Savings	40917
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	40918

(2) Division (C)(1) of this section does not require the	40919
giving of information concerning the odometer and odometer reading	40920
of a motor vehicle when ownership of a motor vehicle is being	40921
transferred as a result of a bequest, under the laws of intestate	40922
succession, to a survivor pursuant to section 2106.18, 2131.12, or	40923
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	40924
beneficiaries pursuant to section 2131.13 of the Revised Code, in	40925
connection with the creation of a security interest or for a	40926
vehicle with a gross vehicle weight rating of more than sixteen	40927
thousand pounds.	40928

(D) When the transfer to the applicant was made in some other	40929
state or in interstate commerce, the clerk, except as provided in	40930
this section, shall refuse to issue any certificate of title	40931
unless the tax imposed by or pursuant to Chapter 5741. of the	40932
Revised Code based on the purchaser's county of residence has been	40933
paid as evidenced by a receipt issued by the tax commissioner, or	40934
unless the applicant submits with the application payment of the	40935
tax. Upon payment of the tax in accordance with division (E) of	40936
this section, the clerk shall issue a receipt prescribed by the	40937
registrar and agreed upon by the tax commissioner, showing payment	40938
of the tax.	40939

For receiving and disbursing such taxes paid to the clerk by	40940
a resident of the clerk's county, the clerk may retain a poundage	40941
fee of one and one one-hundredth per cent. The clerk shall not	40942
retain a poundage fee from payments of taxes by persons who do not	40943
reside in the clerk's county.	40944

A clerk, however, may retain from the taxes paid to the clerk	40945
an amount equal to the poundage fees associated with certificates	40946
of title issued by other clerks of courts of common pleas to	40947
applicants who reside in the first clerk's county. The registrar,	40948
in consultation with the tax commissioner and the clerks of the	40949
courts of common pleas, shall develop a report from the automated	40950
title processing system that informs each clerk of the amount of	40951
the poundage fees that the clerk is permitted to retain from those	40952
taxes because of certificates of title issued by the clerks of	40953
other counties to applicants who reside in the first clerk's	40954
county.	40955

When the vendor is not regularly engaged in the business of	40956
selling motor vehicles, the vendor shall not be required to	40957
purchase a vendor's license or make reports concerning those	40958
sales.	40959

(E) The clerk shall accept any payment of a tax in cash, or	40960
by cashier's check, certified check, draft, money order, or teller	40961
check issued by any insured financial institution payable to the	40962
clerk and submitted with an application for a certificate of title	40963
under division (B) or (D) of this section. The clerk also may	40964
accept payment of the tax by corporate, business, or personal	40965
check, credit card, electronic transfer or wire transfer, debit	40966
card, or any other accepted form of payment made payable to the	40967
clerk. The clerk may require bonds, guarantees, or letters of	40968
credit to ensure the collection of corporate, business, or	40969
personal checks. Any service fee charged by a third party to a	40970
clerk for the use of any form of payment may be paid by the clerk	40971
from the certificate of title administration fund created in	40972
section 325.33 of the Revised Code, or may be assessed by the	40973
clerk upon the applicant as an additional fee. Upon collection,	40974
the additional fees shall be paid by the clerk into that	40975
certificate of title administration fund.	40976

The clerk shall make a good faith effort to collect any	40977
payment of taxes due but not made because the payment was returned	40978
or dishonored, but the clerk is not personally liable for the	40979
payment of uncollected taxes or uncollected fees. The clerk shall	40980
notify the tax commissioner of any such payment of taxes that is	40981
due but not made and shall furnish the information to the	40982
commissioner that the commissioner requires. The clerk shall	40983
deduct the amount of taxes due but not paid from the clerk's	40984
periodic remittance of tax payments, in accordance with procedures	40985
agreed upon by the tax commissioner. The commissioner may collect	40986
taxes due by assessment in the manner provided in section 5739.13	40987
of the Revised Code.	40988

Any person who presents payment that is returned or	40989
dishonored for any reason is liable to the clerk for payment of a	40990
penalty over and above the amount of the taxes due. The clerk	40991
shall determine the amount of the penalty, and the penalty shall	40992
be no greater than that amount necessary to compensate the clerk	40993
for banking charges, legal fees, or other expenses incurred by the	40994
clerk in collecting the returned or dishonored payment. The	40995
remedies and procedures provided in this section are in addition	40996
to any other available civil or criminal remedies. Subsequently	40997
collected penalties, poundage fees, and title fees, less any title	40998
fee due the state, from returned or dishonored payments collected	40999
by the clerk shall be paid into the certificate of title	41000
administration fund. Subsequently collected taxes, less poundage	41001
fees, shall be sent by the clerk to the treasurer of state at the	41002
next scheduled periodic remittance of tax payments, with	41003
information as the commissioner may require. The clerk may abate	41004
all or any part of any penalty assessed under this division.	41005

(F) In the following cases, the clerk shall accept for filing	41006
an application and shall issue a certificate of title without	41007
requiring payment or evidence of payment of the tax:	41008

(1) When the purchaser is this state or any of its political	41009
subdivisions, a church, or an organization whose purchases are	41010
exempted by section 5739.02 of the Revised Code;	41011

(2) When the transaction in this state is not a retail sale	41012
as defined by section 5739.01 of the Revised Code;	41013

(3) When the purchase is outside this state or in interstate	41014
commerce and the purpose of the purchaser is not to use, store, or	41015
consume within the meaning of section 5741.01 of the Revised Code;	41016

(4) When the purchaser is the federal government;

41017

(5) When the motor vehicle was purchased outside this state	41018
for use outside this state;	41019

(6) When the motor vehicle is purchased by a nonresident of	41020
~~this state for immediate removal from this state, and will be~~	41021
~~permanently titled and registered in another state, as provided by~~	41022
~~division (B)(23) of section 5739.02~~under the circumstances	41023
described in division (B)(1) of section 5739.029 of the Revised	41024
Code, and upon presentation of a copy of the affidavit provided by	41025
that section, and a copy of the exemption certificate provided by	41026
section 5739.03 of the Revised Code.	41027

(G) An application, as prescribed by the registrar and agreed	41028
to by the tax commissioner, shall be filled out and sworn to by	41029
the buyer of a motor vehicle in a casual sale. The application	41030
shall contain the following notice in bold lettering: "WARNING TO	41031
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	41032
law to state the true selling price. A false statement is in	41033
violation of section 2921.13 of the Revised Code and is punishable	41034
by six months' imprisonment or a fine of up to one thousand	41035
dollars, or both. All transfers are audited by the department of	41036
taxation. The seller and buyer must provide any information	41037
requested by the department of taxation. The buyer may be assessed	41038
any additional tax found to be due."	41039

(H) For sales of manufactured homes or mobile homes occurring	41040
on or after January 1, 2000, the clerk shall accept for filing,	41041
pursuant to Chapter 5739. of the Revised Code, an application for	41042
a certificate of title for a manufactured home or mobile home	41043
without requiring payment of any tax pursuant to section 5739.02,	41044
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	41045
issued by the tax commissioner showing payment of the tax. For	41046
sales of manufactured homes or mobile homes occurring on or after	41047
January 1, 2000, the applicant shall pay to the clerk an	41048
additional fee of five dollars for each certificate of title	41049
issued by the clerk for a manufactured or mobile home pursuant to	41050
division (H) of section 4505.11 of the Revised Code and for each	41051
certificate of title issued upon transfer of ownership of the	41052
home. The clerk shall credit the fee to the county certificate of	41053
title administration fund, and the fee shall be used to pay the	41054
expenses of archiving those certificates pursuant to division (A)	41055
of section 4505.08 and division (H)(3) of section 4505.11 of the	41056
Revised Code. The tax commissioner shall administer any tax on a	41057
manufactured or mobile home pursuant to Chapters 5739. and 5741.	41058
of the Revised Code.	41059

(I) Every clerk shall have the capability to transact by	41060
electronic means all procedures and transactions relating to the	41061
issuance of motor vehicle certificates of title that are described	41062
in the Revised Code as being accomplished by electronic means.	41063

Sec. 4511.093. (A)(1) No law enforcement officer who stops	41064
the operator of a motor vehicle in the course of an authorized	41065
sobriety or other motor vehicle checkpoint operation or a motor	41066
vehicle safety inspection shall issue a ticket, citation, or	41067
summons for a secondary traffic offense unless in the course of	41068
the checkpoint operation or safety inspection the officer first	41069
determines that an offense other than a secondary traffic offense	41070
has occurred and either places the operator or a vehicle occupant	41071
under arrest or issues a ticket, citation, or summons to the	41072
operator or a vehicle occupant for an offense other than a	41073
secondary offense.	41074

(2) A law enforcement agency that operates a motor vehicle	41075
checkpoint for an express purpose related to a secondary traffic	41076
offense shall not issue a ticket, citation, or summons for any	41077
secondary traffic offense at such a checkpoint, but may use such a	41078
checkpoint operation to conduct a public awareness campaign and	41079
distribute information.	41080

(B) As used in this section, "secondary traffic offense"	41081
means a violation of division (A) or (F)(2) of section 4507.05,	41082
division (B)(1)(a) or (b) or (E) of section 4507.071, division (C)	41083
of section 4511.81, or division (B) of section 4513.263 of the	41084
Revised Code.	41085

Sec. 4511.101. (A) The director of transportation, in	41086
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended,	41087
shall establish a program for the placement of business logos for	41088
identification purposes on state directional signs within the	41089
rights-of-way of divided, multi-lane, limited access highways in	41090
both rural and urban areas.	41091

(B) All direct and indirect costs of the business logo sign	41092
program established pursuant to this section shall be fully paid	41093
by the businesses applying for participation in the program. At	41094
any interchange where a business logo sign is erected, such costs	41095
shall be divided equally among the participating businesses. The	41096
direct and indirect costs of the program shall include, but not be	41097
limited to, the cost of capital, directional signs, blanks, posts,	41098
logos, installation, repair, engineering, design, insurance,	41099
removal, replacement, and administration. Nothing in this chapter	41100
shall be construed to prohibit the director from establishing such	41101
a program.	41102

(C) The director, in accordance with rules adopted pursuant	41103
to Chapter 119. of the Revised Code, may contract with any private	41104
person to operate, maintain, and market the business logo sign	41105
program. The rules shall describe the terms of the contract, and	41106
shall allow for a reasonable profit to be earned by the successful	41107
applicant. In awarding the contract, the director shall consider	41108
the skill, expertise, prior experience, and other qualifications	41109
of each applicant.	41110

(D) As used in this section, "urban area" means an area	41111
having a population of fifty thousand or more according to the	41112
most recent federal census and designated as such on urban maps	41113
prepared by the department.	41114

(E) Neither the department nor the director shall do either	41115
of the following:	41116

(1) Limit the right of any person to erect, maintain, repair,	41117
remove, or utilize any off-premises or on-premises advertising	41118
device;	41119

(2) Make participation in the business logo sign program	41120
conditional upon a business agreeing to limit, discontinue,	41121
withdraw, modify, alter, or change any advertising or sign.	41122

(F) The program shall permit the business logo signs of a	41123
seller of motor vehicle fuel to include on the seller's signs a	41124
marking or symbol indicating that the seller sells one or more	41125
types of alternative fuel so long as the seller in fact sells that	41126
fuel.	41127

As used in this division, "alternative fuel" has the same	41128
meaning as in section 125.831 of the Revised Code.	41129

(G) The program shall permit the business logo signs of	41130
retail pharmacies open to the public if the business satisfies all	41131
of the following:	41132

(1) Operates continuously for twenty-four hours per day,	41133
seven days per week;	41134

(2) Has a pharmacist licensed under Chapter 4729. of the	41135
Revised Code on duty at all times;	41136

(3) Is located within three miles of an interchange of a	41137
divided, multi-lane, limited access highway;	41138

(4) Is directly accessible by the public.

41139

Sec. 4513.241. (A) The director of public safety, in	41140
accordance with Chapter 119. of the Revised Code, shall adopt	41141
rules governing the use of tinted glass, and the use of	41142
transparent, nontransparent, translucent, and reflectorized	41143
materials in or on motor vehicle windshields, side windows,	41144
sidewings, and rear windows that prevent a person of normal vision	41145
looking into the motor vehicle from seeing or identifying persons	41146
or objects inside the motor vehicle.	41147

(B) The rules adopted under this section may provide for	41148
persons who meet either of the following qualifications:	41149

(1) On November 11, 1994, or the effective date of any rule	41150
adopted under this section, own a motor vehicle that does not	41151
conform to the requirements of this section or of any rule adopted	41152
under this section;	41153

(2) Establish residency in this state and are required to	41154
register a motor vehicle that does not conform to the requirements	41155
of this section or of any rule adopted under this section.	41156

(C) No person shall operate, on any highway or other public	41157
or private property open to the public for vehicular travel or	41158
parking, lease, or rent any motor vehicle that is registered in	41159
this state unless the motor vehicle conforms to the requirements	41160
of this section and of any applicable rule adopted under this	41161
section.	41162

(D) No person shall install in or on any motor vehicle, any	41163
glass or other material that fails to conform to the requirements	41164
of this section or of any rule adopted under this section.	41165

(E) No used motor vehicle dealer or new motor vehicle dealer,	41166
as defined in section 4517.01 of the Revised Code, shall sell any	41167
motor vehicle that fails to conform to the requirements of this	41168
section or of any rule adopted under this section.	41169

(F) No reflectorized materials shall be permitted upon or in	41170
any front windshield, side windows, sidewings, or rear window.	41171

(G) This section does not apply to the manufacturer's tinting	41172
or glazing of motor vehicle windows or windshields that is	41173
otherwise in compliance with or permitted by federal motor vehicle	41174
safety standard number two hundred five.	41175

(H) With regard to any side window behind a driver's seat or	41176
any rear window other than any window on an emergency door, this	41177
section does not apply to any school bus used to transport a	41178
~~handicapped~~ child with disabilities pursuant to ~~a special~~	41179
~~education program under~~ Chapter 3323. of the Revised Code, whom it	41180
is impossible or impractical to transport by regular school bus in	41181
the course of regular route transportation provided by a school	41182
district. As used in this division, "~~handicapped~~ child with	41183
disabilities" ~~and "special education program" have~~has the same	41184
~~meanings~~meaning as in section 3323.01 of the Revised Code.	41185

(I) This section does not apply to any school bus that is to	41186
be sold and operated outside this state.	41187

(J) Whoever violates division (C), (D), (E), or (F) of this	41188
section is guilty of a minor misdemeanor.	41189

Sec. 4513.263. (A) As used in this section and in section	41190
4513.99 of the Revised Code:	41191

(1) "Automobile" means any commercial tractor, passenger car,	41192
commercial car, or truck that is required to be factory-equipped	41193
with an occupant restraining device for the operator or any	41194
passenger by regulations adopted by the United States secretary of	41195
transportation pursuant to the "National Traffic and Motor Vehicle	41196
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	41197

(2) "Occupant restraining device" means a seat safety belt,	41198
shoulder belt, harness, or other safety device for restraining a	41199
person who is an operator of or passenger in an automobile and	41200
that satisfies the minimum federal vehicle safety standards	41201
established by the United States department of transportation.	41202

(3) "Passenger" means any person in an automobile, other than	41203
its operator, who is occupying a seating position for which an	41204
occupant restraining device is provided.	41205

(4) "Commercial tractor," "passenger car," and "commercial	41206
car" have the same meanings as in section 4501.01 of the Revised	41207
Code.	41208

(5) "Vehicle" and "motor vehicle," as used in the definitions	41209
of the terms set forth in division (A)(4) of this section, have	41210
the same meanings as in section 4511.01 of the Revised Code.	41211

(6) "Tort action" means a civil action for damages for	41212
injury, death, or loss to person or property. "Tort action"	41213
includes a product liability claim, as defined in section 2307.71	41214
of the Revised Code, and an asbestos claim, as defined in section	41215
2307.91 of the Revised Code, but does not include a civil action	41216
for damages for breach of contract or another agreement between	41217
persons.	41218

(B) No person shall do any of the following:

41219

(1) Operate an automobile on any street or highway unless	41220
that person is wearing all of the available elements of a properly	41221
adjusted occupant restraining device, or operate a school bus that	41222
has an occupant restraining device installed for use in its	41223
operator's seat unless that person is wearing all of the available	41224
elements of the device, as properly adjusted;	41225

(2) Operate an automobile on any street or highway unless	41226
each passenger in the automobile who is subject to the requirement	41227
set forth in division (B)(3) of this section is wearing all of the	41228
available elements of a properly adjusted occupant restraining	41229
device;	41230

(3) Occupy, as a passenger, a seating position on the front	41231
seat of an automobile being operated on any street or highway	41232
unless that person is wearing all of the available elements of a	41233
properly adjusted occupant restraining device;	41234

(4) Operate a taxicab on any street or highway unless all	41235
factory-equipped occupant restraining devices in the taxicab are	41236
maintained in usable form.	41237

(C) Division (B)(3) of this section does not apply to a	41238
person who is required by section 4511.81 of the Revised Code to	41239
be secured in a child restraint device. Division (B)(1) of this	41240
section does not apply to a person who is an employee of the	41241
United States postal service or of a newspaper home delivery	41242
service, during any period in which the person is engaged in the	41243
operation of an automobile to deliver mail or newspapers to	41244
addressees. Divisions (B)(1) and (3) of this section do not apply	41245
to a person who has an affidavit signed by a physician licensed to	41246
practice in this state under Chapter 4731. of the Revised Code or	41247
a chiropractor licensed to practice in this state under Chapter	41248
4734. of the Revised Code that states that the person has a	41249
physical impairment that makes use of an occupant restraining	41250
device impossible or impractical.	41251

(D) Notwithstanding any provision of law to the contrary, no	41252
law enforcement officer shall cause an operator of an automobile	41253
being operated on any street or highway to stop the automobile for	41254
the sole purpose of determining whether a violation of division	41255
(B) of this section has been or is being committed or for the sole	41256
purpose of issuing a ticket, citation, or summons for a violation	41257
of that nature or causing the arrest of or commencing a	41258
prosecution of a person for a violation of that nature, and no law	41259
enforcement officer shall view the interior or visually inspect	41260
any automobile being operated on any street or highway for the	41261
sole purpose of determining whether a violation of that nature has	41262
been or is being committed.	41263

(E) All fines collected for violations of division (B) of	41264
this section, or for violations of any ordinance or resolution of	41265
a political subdivision that is substantively comparable to that	41266
division, shall be forwarded to the treasurer of state for deposit	41267
as follows:	41268

(1) Eight per cent shall be deposited into the seat belt	41269
education fund, which is hereby created in the state treasury, and	41270
shall be used by the department of public safety to establish a	41271
seat belt education program.	41272

(2) Eight per cent shall be deposited into the elementary	41273
school program fund, which is hereby created in the state	41274
treasury, and shall be used by the department of public safety to	41275
establish and administer elementary school programs that encourage	41276
seat safety belt use.	41277

(3) Two per cent shall be deposited into the ~~Ohio medical~~	41278
~~transportation trust~~occupational licensing and regulatory fund	41279
created by section ~~4766.05~~4743.05 of the Revised Code.	41280

(4) Twenty-eight per cent shall be deposited into the trauma	41281
and emergency medical services fund, which is hereby created in	41282
the state treasury, and shall be used by the department of public	41283
safety for the administration of the division of emergency medical	41284
services and the state board of emergency medical services.	41285

(5) Fifty-four per cent shall be deposited into the trauma	41286
and emergency medical services grants fund, which is hereby	41287
created in the state treasury, and shall be used by the state	41288
board of emergency medical services to make grants, in accordance	41289
with section 4765.07 of the Revised Code and rules the board	41290
adopts under section 4765.11 of the Revised Code.	41291

(F)(1) Subject to division (F)(2) of this section, the	41292
failure of a person to wear all of the available elements of a	41293
properly adjusted occupant restraining device in violation of	41294
division (B)(1) or (3) of this section or the failure of a person	41295
to ensure that each minor who is a passenger of an automobile	41296
being operated by that person is wearing all of the available	41297
elements of a properly adjusted occupant restraining device in	41298
violation of division (B)(2) of this section shall not be	41299
considered or used by the trier of fact in a tort action as	41300
evidence of negligence or contributory negligence. But, the trier	41301
of fact may determine based on evidence admitted consistent with	41302
the Ohio ~~rules~~Rules of ~~evidence~~Evidence that the failure	41303
contributed to the harm alleged in the tort action and may	41304
diminish a recovery of compensatory damages that represents	41305
noneconomic loss, as defined in section 2307.011 of the Revised	41306
Code, in a tort action that could have been recovered but for the	41307
plaintiff's failure to wear all of the available elements of a	41308
properly adjusted occupant restraining device. Evidence of that	41309
failure shall not be used as a basis for a criminal prosecution of	41310
the person other than a prosecution for a violation of this	41311
section; and shall not be admissible as evidence in a criminal	41312
action involving the person other than a prosecution for a	41313
violation of this section.	41314

(2) If, at the time of an accident involving a passenger car	41315
equipped with occupant restraining devices, any occupant of the	41316
passenger car who sustained injury or death was not wearing an	41317
available occupant restraining device, was not wearing all of the	41318
available elements of such a device, or was not wearing such a	41319
device as properly adjusted, then, consistent with the Rules of	41320
Evidence, the fact that the occupant was not wearing the available	41321
occupant restraining device, was not wearing all of the available	41322
elements of such a device, or was not wearing such a device as	41323
properly adjusted is admissible in evidence in relation to any	41324
claim for relief in a tort action to the extent that the claim for	41325
relief satisfies all of the following:	41326

(a) It seeks to recover damages for injury or death to the	41327
occupant.	41328

(b) The defendant in question is the manufacturer, designer,	41329
distributor, or seller of the passenger car.	41330

(c) The claim for relief against the defendant in question is	41331
that the injury or death sustained by the occupant was enhanced or	41332
aggravated by some design defect in the passenger car or that the	41333
passenger car was not crashworthy.	41334

(G)(1) Whoever violates division (B)(1) of this section shall	41335
be fined thirty dollars.	41336

(2) Whoever violates division (B)(3) of this section shall be	41337
fined twenty dollars.	41338

(3) Except as otherwise provided in this division, whoever	41339
violates division (B)(4) of this section is guilty of a minor	41340
misdemeanor. If the offender previously has been convicted of or	41341
pleaded guilty to a violation of division (B)(4) of this section,	41342
whoever violates division (B)(4) of this section is guilty of a	41343
misdemeanor of the third degree.	41344

Sec. 4513.35. (A) All fines collected under sections 4511.01	41345
to 4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code	41346
shall be paid into the county treasury and, with the exception of	41347
that portion distributed under section 3375.53 of the Revised	41348
Code, shall be placed to the credit of the fund for the	41349
maintenance and repair of the highways within that county, except	41350
that:	41351

(1) All fines for violations of division (B) of section	41352
4513.263 shall be delivered to the treasurer of state as provided	41353
in division (E) of section 4513.263 of the Revised Code.	41354

(2) All fines collected from, or moneys arising from bonds	41355
forfeited by, persons apprehended or arrested by state highway	41356
patrolmen shall be distributed as provided in section 5503.04 of	41357
the Revised Code.	41358

(3)(a) Subject to division (E) of section 4513.263 of the	41359
Revised Code and except as otherwise provided in division	41360
(A)(3)(b) of this section, one-half of all fines collected from,	41361
and one-half of all moneys arising from bonds forfeited by,	41362
persons apprehended or arrested by a township constable or other	41363
township police officer shall be paid to the township treasury to	41364
be placed to the credit of the general fund.	41365

(b) All fines collected from, and all moneys arising from	41366
bonds forfeited by, persons apprehended or arrested by a township	41367
constable or other township police officer pursuant to division	41368
(B)(2) of section 4513.39 of the Revised Code for a violation of	41369
section 4511.21 of the Revised Code or any other law, ordinance,	41370
or regulation pertaining to speed that occurred on a highway	41371
included as part of the interstate system, as defined in section	41372
5516.01 of the Revised Code, shall be paid into the county	41373
treasury and be credited as provided in the first paragraph of	41374
this section.	41375

(B) Notwithstanding any other provision of this section or of	41376
any other section of the Revised Code:	41377

(1) All fines collected from, and all moneys arising from	41378
bonds forfeited by, persons arrested under division (E)(1) or (2)	41379
of section 2935.03 of the Revised Code are deemed to be collected,	41380
and to arise, from arrests made within the jurisdiction in which	41381
the arresting officer is appointed, elected, or employed, for	41382
violations of one of the sections or chapters of the Revised Code	41383
listed in division (E)(1) of that section and shall be distributed	41384
accordingly.	41385

(2) All fines collected from, and all moneys arising from	41386
bonds forfeited by, persons arrested under division (E)(3) of	41387
section 2935.03 of the Revised Code are deemed to be collected,	41388
and to arise, from arrests made within the jurisdiction in which	41389
the arresting officer is appointed, elected, or employed, for	41390
violations of municipal ordinances that are substantially	41391
equivalent to one of the sections or one of the provisions of one	41392
of the chapters of the Revised Code listed in division (E)(1) of	41393
that section and for violations of one of the sections or one of	41394
the provisions of one of the chapters of the Revised Code listed	41395
in division (E)(1) of that section, and shall be distributed	41396
accordingly.	41397

Sec. 4517.261. A motor vehicle dealer may contract for and	41398
receive a documentary service charge for a retail or wholesale	41399
sale or lease of a motor vehicle. A documentary service charge	41400
shall be specified in writing without itemization of the	41401
individual services provided. A documentary service charge shall	41402
be the lesser of the following:	41403

(A) The amount allowed in a retail installment sale;

41404

(B) Ten per cent of the amount the buyer or lessee is	41405
required to pay pursuant to the contract, excluding tax, title,	41406
and registration fees, and any negative equity adjustment.	41407

Sec. 4703.071. (A) The state board of examiners of	41408
architects shall establish and maintain and administer an	41409
architecture education assistance program to pay applicant	41410
enrollment fees for the internship program required of applicants	41411
by section 4703.07 of the Revised Code.	41412

(B) The board shall adopt rules in accordance with Chapter	41413
119. of the Revised Code to establish all of the following:	41414

(1) Applicant eligibility criteria for receipt of internship	41415
program enrollment fees, which must include a requirement that	41416
applicants be enrolled in an architecture education program at an	41417
institution within the state that has been approved by the board	41418
and accredited by the national architectural accrediting board,	41419
and may include a requirement that the applicant has completed a	41420
minimum amount of course work in the program as prescribed by the	41421
state board by rule;	41422

(2) Application procedures for payment of internship program	41423
enrollment fees;	41424

(3) The maximum amount of internship program enrollment fees	41425
that may be provided by the architecture education assistance	41426
program to an applicant;	41427

(4) The total amount of internship program enrollment fees	41428
that may be disbursed by the architecture education assistance	41429
program in any given fiscal year;	41430

(5) The means by which other matters incidental to the	41431
operation of the program may be approved, including the means to	41432
authorize necessary expenses for the operation of the architecture	41433
education assistance program.	41434

(C) The receipt of internship program enrollment fees under	41435
this section shall not affect a student's eligibility for any	41436
other assistance, or the amount of that assistance.	41437

Sec. 4715.251. Each person licensed to practice as a dental	41438
hygienist and required to register with the state dental board	41439
shall, each time hethe person applies for renewal of registration	41440
beginning in 1995, be currently certified to perform basic	41441
life-support procedures by having successfully completed a basic	41442
life-support training course certified by ~~either~~ the American red	41443
cross or, the American heart association, or, if determined	41444
equivalent by the board, the American safety and health institute.	41445
An applicant for renewal of registration shall certify on the	41446
application for renewal of registration prescribed by the board	41447
under section 4715.24 of the Revised Code that hethe applicant	41448
possesses the certification required by this section.	41449

The board shall, not later than one hundred eighty days after	41450
the effective date of this amendment, determine whether basic	41451
life-support training certified by the American safety and health	41452
institute meets national standards. The board shall compare the	41453
training certified by the institute with the training certified by	41454
the American red cross and the American heart association and the	41455
training of instructors certified by the institute to the training	41456
of instructors certified by the American red cross and the	41457
American heart association.	41458

If the board determines that the training certified by the	41459
American safety and health institute meets national standards and	41460
is equivalent to the training certified by the American red cross	41461
and the American heart association, the board shall accept	41462
training certified by the American safety and health institute in	41463
fulfillment of the requirements of this section.	41464

Sec. 4717.07. (A) The board of embalmers and funeral	41465
directors shall charge and collect the following fees:	41466

(1) For the initial issuance or biennial renewal of an	41467
embalmer's or funeral director's license, one hundred forty	41468
dollars;	41469

(2) For the issuance of an embalmer or funeral director	41470
registration, twenty-five dollars;	41471

(3) For filing an embalmer or funeral director certificate of	41472
apprenticeship, ten dollars;	41473

(4) For the application to take the examination for a license	41474
to practice as an embalmer or funeral director, or to retake a	41475
section of the examination, thirty-five dollars;	41476

(5) For the initial issuance of a license to operate a	41477
funeral home, two hundred fifty dollars and biennial renewal of a	41478
license to operate a funeral home, two hundred fifty dollars;	41479

(6) For the reinstatement of a lapsed embalmer's or funeral	41480
director's license, the renewal fee prescribed in division	41481
(A)~~(5)~~(1) of this section plus fifty dollars for each month or	41482
portion of a month the license is lapsed until reinstatement;	41483

(7) For the reinstatement of a lapsed license to operate a	41484
funeral home, the renewal fee prescribed in division (A)~~(6)~~(5) of	41485
this section plus fifty dollars for each month or portion of a	41486
month the license is lapsed until reinstatement;	41487

(8) For the initial issuance of a license to operate an	41488
embalming facility, two hundred dollars and biennial renewal of a	41489
license to operate an embalming facility, two hundred dollars;	41490

(9) For the reinstatement of a lapsed license to operate an	41491
embalming facility, the renewal fee prescribed in division	41492
(A)~~(9)~~(8) of this section plus fifty dollars for each month or	41493
portion of a month the license is lapsed until reinstatement;	41494

(10) For the initial issuance of a license to operate a	41495
crematory facility, two hundred dollars and biennial renewal of a	41496
license to operate a crematory facility, two hundred dollars;	41497

(11) For the reinstatement of a lapsed license to operate a	41498
crematory facility, the renewal fee prescribed in division	41499
(A)~~(11)~~(10) of this section plus fifty dollars for each month or	41500
portion of a month the license is lapsed until reinstatement;	41501

(12) For the issuance of a duplicate of a license issued	41502
under this chapter, four dollars.	41503

(B) In addition to the fees set forth in division (A) of this	41504
section, an applicant shall pay the examination fee assessed by	41505
any examining agency the board uses for any section of an	41506
examination required under this chapter.	41507

(C) Subject to the approval of the controlling board, the	41508
board of embalmers and funeral directors may establish fees in	41509
excess of the amounts set forth in this section, provided that	41510
these fees do not exceed the amounts set forth in this section by	41511
more than fifty per cent.	41512

Sec. 4723.32. This chapter does not prohibit any of the	41513
following:	41514

(A) The practice of nursing by a student currently enrolled	41515
in and actively pursuing completion of a prelicensure nursing	41516
education program ~~approved by the board of nursing~~, if all of the	41517
following are the case:	41518

(1) The student is participating in a program located in this	41519
state and approved by the board of nursing or participating in	41520
this state in a component of a program located in another	41521
jurisdiction and approved by a board that is a member of the	41522
national council of state boards of nursing;	41523

(2) The student's practice is under the auspices of the	41524
program ~~and the~~;	41525

(3) The student acts under the supervision of a registered	41526
nurse serving for the program as a faculty member or teaching	41527
assistant;.	41528

(B) The rendering of medical assistance to a licensed	41529
physician, licensed dentist, or licensed podiatrist by a person	41530
under the direction, supervision, and control of such licensed	41531
physician, dentist, or podiatrist;	41532

(C) The activities of persons employed as nursing aides,	41533
attendants, orderlies, or other auxiliary workers in patient	41534
homes, nurseries, nursing homes, hospitals, home health agencies,	41535
or other similar institutions;	41536

(D) The provision of nursing services to family members or in	41537
emergency situations;	41538

(E) The care of the sick when done in connection with the	41539
practice of religious tenets of any church and by or for its	41540
members;	41541

(F) The practice of nursing as a certified registered nurse	41542
anesthetist, clinical nurse specialist, certified nurse-midwife,	41543
or certified nurse practitioner by a student currently enrolled in	41544
and actively pursuing completion of a program of study leading to	41545
initial authorization by the board of nursing to practice nursing	41546
in the specialty, if ~~both~~all of the following are the case:	41547

(1) The program qualifies the student to sit for the	41548
examination of a national certifying organization listed in	41549
division (A)(3) of section 4723.41 of the Revised Code or approved	41550
by the board under section 4723.46 of the Revised Code or the	41551
program prepares the student to receive a master's degree in	41552
accordance with division (A)(2) of section 4723.41 of the Revised	41553
Code;	41554

(2) The student's practice is under the auspices of the	41555
program ~~and the~~;	41556

(3) The student acts under the supervision of a registered	41557
nurse serving for the program as a faculty member, teaching	41558
assistant, or preceptor.	41559

(G) The activities of an individual who currently holds a	41560
license to practice nursing in another jurisdiction, if the	41561
individual's license has not been revoked, the individual is not	41562
currently under suspension or on probation, the individual does	41563
not represent the individual as being licensed under this chapter,	41564
and one of the following is the case:	41565

(1) The individual is engaging in the practice of nursing by	41566
discharging official duties while employed by or under contract	41567
with the United States government or any agency thereof;	41568

(2) The individual is engaging in the practice of nursing as	41569
an employee of an individual, agency, or corporation located in	41570
the other jurisdiction in a position with employment	41571
responsibilities that include transporting patients into, out of,	41572
or through this state, as long as each trip in this state does not	41573
exceed seventy-two hours;	41574

(3) The individual is consulting with an individual licensed	41575
in this state to practice any health-related profession;	41576

(4) The individual is engaging in activities associated with	41577
teaching in this state as a guest lecturer at or for a nursing	41578
education program, continuing nursing education program, or	41579
in-service presentation;	41580

(5) The individual is conducting evaluations of nursing care	41581
that are undertaken on behalf of an accrediting organization,	41582
including the national league for nursing accrediting committee,	41583
the joint commission on accreditation of healthcare organizations,	41584
or any other nationally recognized accrediting organization;	41585

(6) The individual is providing nursing care to an individual	41586
who is in this state on a temporary basis, not to exceed six	41587
months in any one calendar year, if the nurse is directly employed	41588
by or under contract with the individual or a guardian or other	41589
person acting on the individual's behalf;	41590

(7) The individual is providing nursing care during any	41591
disaster, natural or otherwise, that has been officially declared	41592
to be a disaster by a public announcement issued by an appropriate	41593
federal, state, county, or municipal official.	41594

(H) The administration of medication by an individual who	41595
holds a valid medication aide certificate issued under this	41596
chapter, if the medication is administered to a resident of a	41597
nursing home or residential care facility authorized by section	41598
4723.63 or 4723.64 of the Revised Code to use a certified	41599
medication aide and the medication is administered in accordance	41600
with section 4723.67 of the Revised Code.	41601

Sec. 4723.621. The medication aide advisory council created	41602
under section 4723.62 of the Revised Code shall make	41603
recommendations to the board of nursing with respect to all of the	41604
following:	41605

(A) The design and operation of the medication aide pilot	41606
program conducted under section 4723.63 of the Revised Code,	41607
including a method of collecting data through reports submitted by	41608
participating nursing homes and residential care facilities;	41609

(B) The content of the course of instruction required to	41610
obtain certification as a medication aide, including the	41611
examination to be used to evaluate the ability to administer	41612
prescription medications safely and the score that must be	41613
attained to pass the examination;	41614

(C) Whether medication aides may administer prescription	41615
medications through a gastrostomy or jejunostomy tube and the	41616
amount and type of training a medication aide needs to be	41617
adequately prepared to administer prescription medications through	41618
a gastrostomy or jejunostomy tube;	41619

(D) Protection of the health and welfare of the residents of	41620
nursing homes and residential care facilities participating in the	41621
pilot program and using medication aides pursuant to section	41622
4723.64 of the Revised Code ~~on or after July 1, 2007~~;	41623

(E) The board's adoption of rules under section 4723.69 of	41624
the Revised Code;	41625

(F) Any other issue the council considers relevant to the use	41626
of medication aides in nursing homes and residential care	41627
facilities.	41628

Sec. 4723.63. (A) In consultation with the medication aide	41629
advisory council established under section 4723.62 of the Revised	41630
Code, the board of nursing shall conduct a pilot program for the	41631
use of medication aides in nursing homes and residential care	41632
facilities. The board shall conduct the pilot program in a manner	41633
consistent with human protection and other ethical concerns	41634
typically associated with research studies involving live	41635
subjects. The pilot program shall be commenced not later than May	41636
1, 2006, and shall ~~be conducted until July 1, 2007~~end on the	41637
thirty-first day after the report required by division (F)(2) of	41638
this section is submitted in accordance with that division.	41639

During the period the pilot program is conducted, a nursing	41640
home or residential care facility participating in the pilot	41641
program may use one or more medication aides to administer	41642
prescription medications to its residents, subject to ~~both~~all of	41643
the following conditions:	41644

(1) Each individual used as a medication aide must hold a	41645
current, valid medication aide certificate issued by the board of	41646
nursing under this chapter.	41647

(2) The nursing home or residential care facility shall	41648
ensure that the requirements of section 4723.67 of the Revised	41649
Code are met.	41650

(3) The nursing home or residential care facility shall	41651
submit to the board, not later than the thirty-first day after the	41652
day the board makes its request under division (F)(1)(a) of this	41653
section, the data required by division (F)(1)(a) of this section.	41654

(B) The board, in consultation with the medication aide	41655
advisory council, shall do all of the following not later than	41656
February 1, 2006:	41657

(1) Design the pilot program;

41658

(2) Establish standards to govern medication aides and the	41659
nursing homes and residential care facilities participating in the	41660
pilot program, including standards for the training of medication	41661
aides and the staff of participating nursing homes and residential	41662
care facilities;	41663

(3) Establish standards to protect the health and safety of	41664
the residents of the nursing homes and residential care facilities	41665
participating in the program;	41666

(4) Implement a process for selecting the nursing homes and	41667
residential care facilities to participate in the program.	41668

(C)(1) A nursing home or residential care facility may	41669
volunteer to participate in the pilot program by submitting an	41670
application to the board on a form prescribed and provided by the	41671
board. From among the applicants, the board shall select eighty	41672
nursing homes and forty residential care facilities to participate	41673
in the pilot program. When the board denies an application, it	41674
shall notify, in writing, the president and minority leader of the	41675
senate and the speaker and minority leader of the house of	41676
representatives of the denial and the reasons for the denial.	41677

(2) To be eligible to participate, a nursing home or	41678
residential care facility shall agree to observe the standards	41679
established by the board for the use of medication aides. A	41680
nursing home is eligible to participate only if the department of	41681
health has found in the ~~two~~ most recent ~~surveys~~survey or	41682
~~inspections~~inspection of the home that the home is free from	41683
deficiencies related to the administration of medication. A	41684
residential care facility is eligible to participate only if the	41685
department has found that the facility is free from deficiencies	41686
related to the provision of skilled nursing care or the	41687
administration of medication.	41688

(D) As a condition of participation in the pilot program, a	41689
nursing home and residential care facility selected by the board	41690
shall pay the participation fee established in rules adopted under	41691
section 4723.69 of the Revised Code. The participation fee is not	41692
reimbursable under the medicaid program established under Chapter	41693
5111. of the Revised Code.	41694

(E) On receipt of evidence found credible by the board that	41695
continued participation by a nursing home or residential care	41696
facility poses an imminent danger, risk of serious harm, or	41697
jeopardy to a resident of the home or facility, the board may	41698
terminate the authority of the home or facility to participate in	41699
the pilot program.	41700

(F)(1) With the assistance of the medication aide advisory	41701
council, the board shall conduct an evaluation of the pilot	41702
program. In conducting the evaluation, the board shall do all of	41703
the following:	41704

(a) Request from each nursing home and residential care	41705
facility participating in the pilot program, on the ninety-first	41706
day after the day the board issues a medication aide certificate	41707
under section 4723.651 of the Revised Code to the seventy-fifth	41708
individual, the data the board requires participating nursing	41709
homes and residential care facilities to report under rules the	41710
board adopts under section 4723.69 of the Revised Code.	41711

(b) Assess whether medication aides are able to administer	41712
prescription medications safely to nursing home and residential	41713
care facility residents;	41714

~~(b)~~(c) Determine the financial implications of using	41715
medication aides in nursing homes and residential care facilities;	41716

~~(c)~~(d) Consider any other issue the board or council	41717
considers relevant to the evaluation.	41718

(2) Not later than ~~March 1, 2007~~the one hundred eighty-first	41719
day after the day the board issues a medication aide certificate	41720
under section 4723.651 of the Revised Code to the seventy-fifth	41721
individual, the board shall prepare a report of its findings and	41722
recommendations derived from the evaluation of the pilot program.	41723
The board shall submit the report to the governor, president and	41724
minority leader of the senate, speaker and minority leader of the	41725
house of representatives, and director of health.	41726

(G) The board shall, on the day it issues a medication aide	41727
certificate to the seventy-fifth individual, post a notice on its	41728
web site indicating the date on which any nursing home or	41729
residential care facility may use medication aides in accordance	41730
with section 4723.64 of the Revised Code.	41731

Sec. 4723.64. On and after ~~July 1, 2007~~the thirty-first day	41732
following the board of nursing's submission of the report required	41733
by division (F)(2) of section 4723.63 of the Revised Code, any	41734
nursing home or residential care facility may use one or more	41735
medication aides to administer prescription medications to its	41736
residents, subject to both of the following conditions:	41737

(A) Each individual used as a medication aide must hold a	41738
current, valid medication aide certificate issued by the board of	41739
nursing under this chapter.	41740

(B) The nursing home or residential care facility shall	41741
ensure that the requirements of section 4723.67 of the Revised	41742
Code are met.	41743

Sec. 4723.65. (A) An individual seeking certification as a	41744
medication aide shall apply to the board of nursing on a form	41745
prescribed and provided by the board. If the application is	41746
submitted on or after ~~July 1, 2007~~the day any nursing home or	41747
residential care facility may initially use medication aides as	41748
specified in section 4723.64 of the Revised Code, the application	41749
shall be accompanied by the certification fee established in rules	41750
adopted under section 4723.69 of the Revised Code.	41751

(B)(1) Except as provided in division (B)(2) of this section,	41752
an applicant for a medication aide certificate shall submit a	41753
request to the bureau of criminal identification and investigation	41754
for a criminal records check. The request shall be on the form	41755
prescribed pursuant to division (C)(1) of section 109.572 of the	41756
Revised Code and shall be accompanied by a standard impression	41757
sheet to obtain fingerprints prescribed pursuant to division	41758
(C)(2) of that section. The request shall also be accompanied by	41759
the fee prescribed pursuant to division (C)(3) of section 109.572	41760
of the Revised Code. On receipt of the completed form, the	41761
completed impression sheet, and the fee, the bureau shall conduct	41762
a criminal records check of the applicant. On completion of the	41763
criminal records check, the bureau shall send the results of the	41764
check to the board. An applicant requesting a criminal records	41765
check under this division who has not lived in this state for at	41766
least five years shall ask the superintendent of the bureau of	41767
criminal identification and investigation to also request that the	41768
federal bureau of investigation provide the superintendent with	41769
any information it has with respect to the applicant.	41770

(2) If a criminal records check of an applicant was completed	41771
pursuant to section 3721.121 of the Revised Code not more than	41772
five years prior to the date the application is submitted, the	41773
applicant may include a certified copy of the criminal records	41774
check completed pursuant to that section and is not required to	41775
comply with division (B)(1) of this section.	41776

(3) A criminal records check provided to the board in	41777
accordance with division (B)(1) or (B)(2) of this section shall	41778
not be made available to any person or for any purpose other than	41779
the following:	41780

(a) The results may be made available to any person for use	41781
in determining whether the individual who is the subject of the	41782
check should be issued a medication aide certificate.	41783

(b) The results may be made available to the person who is	41784
the subject of the check or a representative of that person.	41785

Sec. 4723.66. (A) A person or government entity seeking	41786
approval to provide a medication aide training program shall apply	41787
to the board of nursing on a form prescribed and provided by the	41788
board. If the application is submitted on or after ~~July 1, 2007~~	41789
the day any nursing home or residential care facility may	41790
initially use medication aides as specified in section 4723.64 of	41791
the Revised Code, the application shall be accompanied by the fee	41792
established in rules adopted under section 4723.69 of the Revised	41793
Code.	41794

(B) The board shall approve the applicant to provide a	41795
medication aide training program if the content of the course of	41796
instruction to be provided by the program meets the standards	41797
specified by the board in rules adopted under section 4723.69 of	41798
the Revised Code and includes all of the following:	41799

(1) At least seventy clock-hours of instruction, including	41800
both classroom instruction on medication administration and at	41801
least twenty clock-hours of supervised clinical practice in	41802
medication administration;	41803

(2) A mechanism for evaluating whether an individual's	41804
reading, writing, and mathematical skills are sufficient for the	41805
individual to be able to administer prescription medications	41806
safely;	41807

(3) An examination that tests the ability to administer	41808
prescription medications safely and that meets the requirements	41809
established by the board in rules adopted under section 4723.69 of	41810
the Revised Code.	41811

(C) The board may deny, suspend, or revoke the approval	41812
granted to the provider of a medication aide training program for	41813
reasons specified in rules adopted under section 4723.69 of the	41814
Revised Code. All actions taken by the board to deny, suspend, or	41815
revoke the approval of a training program shall be taken in	41816
accordance with Chapter 119. of the Revised Code.	41817

Sec. 4731.053. (A) As used in this section, "physician"	41818
means an individual authorized by this chapter to practice	41819
medicine and surgery, osteopathic medicine and surgery, or	41820
podiatric medicine and surgery.	41821

(B) The state medical board shall adopt rules that establish	41822
standards to be met and procedures to be followed by a physician	41823
with respect to the physician's delegation of the performance of a	41824
medical task to a person who is not licensed or otherwise	41825
specifically authorized by the Revised Code to perform the task.	41826
The rules shall be adopted in accordance with Chapter 119. of the	41827
Revised Code and shall include a coroner's investigator among the	41828
individuals who are competent to recite the facts of a deceased	41829
person's medical condition to a physician so that the physician	41830
may pronounce the person dead without personally examining the	41831
body.	41832

(C) To the extent that delegation applies to the	41833
administration of drugs, the rules adopted under this section	41834
shall provide for all of the following:	41835

(1) On-site supervision when the delegation occurs in an	41836
institution or other facility that is used primarily for the	41837
purpose of providing health care, unless the board establishes a	41838
specific exception to the on-site supervision requirement with	41839
respect to routine administration of a topical drug, such as the	41840
use of a medicated shampoo;	41841

(2) Evaluation of whether delegation is appropriate according	41842
to the acuity of the patient involved;	41843

(3) Training and competency requirements that must be met by	41844
the person administering the drugs;	41845

(4) Other standards and procedures the board considers	41846
relevant.	41847

(D) The board shall not adopt rules that do any of the	41848
following:	41849

(1) Authorize a physician to transfer the physician's	41850
responsibility for supervising a person who is performing a	41851
delegated medical task to a health professional other than another	41852
physician;	41853

(2) Authorize an individual to whom a medical task is	41854
delegated to delegate the performance of that task to another	41855
individual;	41856

(3) Except as provided in divisions (D)(4) to (7) of this	41857
section, authorize a physician to delegate the administration of	41858
anesthesia, controlled substances, drugs administered	41859
intravenously, or any other drug or category of drug the board	41860
considers to be inappropriate for delegation;	41861

(4) Prevent an individual from engaging in an activity	41862
performed for a ~~handicapped~~ child with a disability as a service	41863
needed to meet the educational needs of the child, as identified	41864
in the individualized education program developed for the child	41865
under Chapter 3323. of the Revised Code;	41866

(5) Conflict with any provision of the Revised Code that	41867
specifically authorizes an individual to perform a particular	41868
task;	41869

(6) Conflict with any rule adopted pursuant to the Revised	41870
Code that is in effect on April 10, 2001, as long as the rule	41871
remains in effect, specifically authorizing an individual to	41872
perform a particular task;	41873

(7) Prohibit a perfusionist from administering drugs	41874
intravenously while practicing as a perfusionist;	41875

(8) Authorize a physician assistant, anesthesiologist	41876
assistant, or any other professional regulated by the board to	41877
delegate tasks pursuant to this section.	41878

Sec. 4731.142. (A) Except as provided in division (B) of	41879
this section, an individual must demonstrate proficiency in spoken	41880
English, by passing an examination specified by the state medical	41881
board, to receive a certificate to practice issued under section	41882
4731.14 of the Revised Code if the individual's eligibility for	41883
the certificate is based in part on certification from the	41884
educational commission for foreign medical graduates and	41885
fulfillment of the undergraduate requirements established by	41886
section 4731.09 of the Revised Code at an institution outside the	41887
United States. ~~The individual may demonstrate such proficiency by~~	41888
~~obtaining a score of forty or higher on the test of spoken English~~	41889
~~conducted by the educational testing service~~The board shall adopt	41890
rules specifying an acceptable examination and establishing the	41891
minimum score that demonstrates proficiency in spoken English.	41892

(B) An individual is not required to demonstrate proficiency	41893
in spoken English in accordance with division (A) of this section	41894
if the individual was required to demonstrate such proficiency as	41895
a condition of certification from the educational commission for	41896
foreign medical graduates.	41897

Sec. 4731.22. (A) The state medical board, by an affirmative	41898
vote of not fewer than six of its members, may revoke or may	41899
refuse to grant a certificate to a person found by the board to	41900
have committed fraud during the administration of the examination	41901
for a certificate to practice or to have committed fraud,	41902
misrepresentation, or deception in applying for or securing any	41903
certificate to practice or certificate of registration issued by	41904
the board.	41905

(B) The board, by an affirmative vote of not fewer than six	41906
members, shall, to the extent permitted by law, limit, revoke, or	41907
suspend an individual's certificate to practice, refuse to	41908
register an individual, refuse to reinstate a certificate, or	41909
reprimand or place on probation the holder of a certificate for	41910
one or more of the following reasons:	41911

(1) Permitting one's name or one's certificate to practice or	41912
certificate of registration to be used by a person, group, or	41913
corporation when the individual concerned is not actually	41914
directing the treatment given;	41915

(2) Failure to maintain minimal standards applicable to the	41916
selection or administration of drugs, or failure to employ	41917
acceptable scientific methods in the selection of drugs or other	41918
modalities for treatment of disease;	41919

(3) Selling, giving away, personally furnishing, prescribing,	41920
or administering drugs for other than legal and legitimate	41921
therapeutic purposes or a plea of guilty to, a judicial finding of	41922
guilt of, or a judicial finding of eligibility for intervention in	41923
lieu of conviction of, a violation of any federal or state law	41924
regulating the possession, distribution, or use of any drug;	41925

(4) Willfully betraying a professional confidence.

41926

For purposes of this division, "willfully betraying a	41927
professional confidence" does not include providing any	41928
information, documents, or reports to a child fatality review	41929
board under sections 307.621 to 307.629 of the Revised Code and	41930
does not include the making of a report of an employee's use of a	41931
drug of abuse, or a report of a condition of an employee other	41932
than one involving the use of a drug of abuse, to the employer of	41933
the employee as described in division (B) of section 2305.33 of	41934
the Revised Code. Nothing in this division affects the immunity	41935
from civil liability conferred by that section upon a physician	41936
who makes either type of report in accordance with division (B) of	41937
that section. As used in this division, "employee," "employer,"	41938
and "physician" have the same meanings as in section 2305.33 of	41939
the Revised Code.	41940

(5) Making a false, fraudulent, deceptive, or misleading	41941
statement in the solicitation of or advertising for patients; in	41942
relation to the practice of medicine and surgery, osteopathic	41943
medicine and surgery, podiatric medicine and surgery, or a limited	41944
branch of medicine; or in securing or attempting to secure any	41945
certificate to practice or certificate of registration issued by	41946
the board.	41947

As used in this division, "false, fraudulent, deceptive, or	41948
misleading statement" means a statement that includes a	41949
misrepresentation of fact, is likely to mislead or deceive because	41950
of a failure to disclose material facts, is intended or is likely	41951
to create false or unjustified expectations of favorable results,	41952
or includes representations or implications that in reasonable	41953
probability will cause an ordinarily prudent person to	41954
misunderstand or be deceived.	41955

(6) A departure from, or the failure to conform to, minimal	41956
standards of care of similar practitioners under the same or	41957
similar circumstances, whether or not actual injury to a patient	41958
is established;	41959

(7) Representing, with the purpose of obtaining compensation	41960
or other advantage as personal gain or for any other person, that	41961
an incurable disease or injury, or other incurable condition, can	41962
be permanently cured;	41963

(8) The obtaining of, or attempting to obtain, money or	41964
anything of value by fraudulent misrepresentations in the course	41965
of practice;	41966

(9) A plea of guilty to, a judicial finding of guilt of, or a	41967
judicial finding of eligibility for intervention in lieu of	41968
conviction for, a felony;	41969

(10) Commission of an act that constitutes a felony in this	41970
state, regardless of the jurisdiction in which the act was	41971
committed;	41972

(11) A plea of guilty to, a judicial finding of guilt of, or	41973
a judicial finding of eligibility for intervention in lieu of	41974
conviction for, a misdemeanor committed in the course of practice;	41975

(12) Commission of an act in the course of practice that	41976
constitutes a misdemeanor in this state, regardless of the	41977
jurisdiction in which the act was committed;	41978

(13) A plea of guilty to, a judicial finding of guilt of, or	41979
a judicial finding of eligibility for intervention in lieu of	41980
conviction for, a misdemeanor involving moral turpitude;	41981

(14) Commission of an act involving moral turpitude that	41982
constitutes a misdemeanor in this state, regardless of the	41983
jurisdiction in which the act was committed;	41984

(15) Violation of the conditions of limitation placed by the	41985
board upon a certificate to practice;	41986

(16) Failure to pay license renewal fees specified in this	41987
chapter;	41988

(17) Except as authorized in section 4731.31 of the Revised	41989
Code, engaging in the division of fees for referral of patients,	41990
or the receiving of a thing of value in return for a specific	41991
referral of a patient to utilize a particular service or business;	41992

(18) Subject to section 4731.226 of the Revised Code,	41993
violation of any provision of a code of ethics of the American	41994
medical association, the American osteopathic association, the	41995
American podiatric medical association, or any other national	41996
professional organizations that the board specifies by rule. The	41997
state medical board shall obtain and keep on file current copies	41998
of the codes of ethics of the various national professional	41999
organizations. The individual whose certificate is being suspended	42000
or revoked shall not be found to have violated any provision of a	42001
code of ethics of an organization not appropriate to the	42002
individual's profession.	42003

For purposes of this division, a "provision of a code of	42004
ethics of a national professional organization" does not include	42005
any provision that would preclude the making of a report by a	42006
physician of an employee's use of a drug of abuse, or of a	42007
condition of an employee other than one involving the use of a	42008
drug of abuse, to the employer of the employee as described in	42009
division (B) of section 2305.33 of the Revised Code. Nothing in	42010
this division affects the immunity from civil liability conferred	42011
by that section upon a physician who makes either type of report	42012
in accordance with division (B) of that section. As used in this	42013
division, "employee," "employer," and "physician" have the same	42014
meanings as in section 2305.33 of the Revised Code.	42015

(19) Inability to practice according to acceptable and	42016
prevailing standards of care by reason of mental illness or	42017
physical illness, including, but not limited to, physical	42018
deterioration that adversely affects cognitive, motor, or	42019
perceptive skills.	42020

In enforcing this division, the board, upon a showing of a	42021
possible violation, may compel any individual authorized to	42022
practice by this chapter or who has submitted an application	42023
pursuant to this chapter to submit to a mental examination,	42024
physical examination, including an HIV test, or both a mental and	42025
a physical examination. The expense of the examination is the	42026
responsibility of the individual compelled to be examined. Failure	42027
to submit to a mental or physical examination or consent to an HIV	42028
test ordered by the board constitutes an admission of the	42029
allegations against the individual unless the failure is due to	42030
circumstances beyond the individual's control, and a default and	42031
final order may be entered without the taking of testimony or	42032
presentation of evidence. If the board finds an individual unable	42033
to practice because of the reasons set forth in this division, the	42034
board shall require the individual to submit to care, counseling,	42035
or treatment by physicians approved or designated by the board, as	42036
a condition for initial, continued, reinstated, or renewed	42037
authority to practice. An individual affected under this division	42038
shall be afforded an opportunity to demonstrate to the board the	42039
ability to resume practice in compliance with acceptable and	42040
prevailing standards under the provisions of the individual's	42041
certificate. For the purpose of this division, any individual who	42042
applies for or receives a certificate to practice under this	42043
chapter accepts the privilege of practicing in this state and, by	42044
so doing, shall be deemed to have given consent to submit to a	42045
mental or physical examination when directed to do so in writing	42046
by the board, and to have waived all objections to the	42047
admissibility of testimony or examination reports that constitute	42048
a privileged communication.	42049

(20) Except when civil penalties are imposed under section	42050
4731.225 or 4731.281 of the Revised Code, and subject to section	42051
4731.226 of the Revised Code, violating or attempting to violate,	42052
directly or indirectly, or assisting in or abetting the violation	42053
of, or conspiring to violate, any provisions of this chapter or	42054
any rule promulgated by the board.	42055

This division does not apply to a violation or attempted	42056
violation of, assisting in or abetting the violation of, or a	42057
conspiracy to violate, any provision of this chapter or any rule	42058
adopted by the board that would preclude the making of a report by	42059
a physician of an employee's use of a drug of abuse, or of a	42060
condition of an employee other than one involving the use of a	42061
drug of abuse, to the employer of the employee as described in	42062
division (B) of section 2305.33 of the Revised Code. Nothing in	42063
this division affects the immunity from civil liability conferred	42064
by that section upon a physician who makes either type of report	42065
in accordance with division (B) of that section. As used in this	42066
division, "employee," "employer," and "physician" have the same	42067
meanings as in section 2305.33 of the Revised Code.	42068

(21) The violation of section 3701.79 of the Revised Code or	42069
of any abortion rule adopted by the public health council pursuant	42070
to section 3701.341 of the Revised Code;	42071

(22) Any of the following actions taken by the agency	42072
responsible for regulating the practice of medicine and surgery,	42073
osteopathic medicine and surgery, podiatric medicine and surgery,	42074
or the limited branches of medicine in another jurisdiction, for	42075
any reason other than the nonpayment of fees: the limitation,	42076
revocation, or suspension of an individual's license to practice;	42077
acceptance of an individual's license surrender; denial of a	42078
license; refusal to renew or reinstate a license; imposition of	42079
probation; or issuance of an order of censure or other reprimand;	42080

(23) The violation of section 2919.12 of the Revised Code or	42081
the performance or inducement of an abortion upon a pregnant woman	42082
with actual knowledge that the conditions specified in division	42083
(B) of section 2317.56 of the Revised Code have not been satisfied	42084
or with a heedless indifference as to whether those conditions	42085
have been satisfied, unless an affirmative defense as specified in	42086
division (H)(2) of that section would apply in a civil action	42087
authorized by division (H)(1) of that section;	42088

(24) The revocation, suspension, restriction, reduction, or	42089
termination of clinical privileges by the United States department	42090
of defense or department of veterans affairs or the termination or	42091
suspension of a certificate of registration to prescribe drugs by	42092
the drug enforcement administration of the United States	42093
department of justice;	42094

(25) Termination or suspension from participation in the	42095
medicare or medicaid programs by the department of health and	42096
human services or other responsible agency for any act or acts	42097
that also would constitute a violation of division (B)(2), (3),	42098
(6), (8), or (19) of this section;	42099

(26) Impairment of ability to practice according to	42100
acceptable and prevailing standards of care because of habitual or	42101
excessive use or abuse of drugs, alcohol, or other substances that	42102
impair ability to practice.	42103

For the purposes of this division, any individual authorized	42104
to practice by this chapter accepts the privilege of practicing in	42105
this state subject to supervision by the board. By filing an	42106
application for or holding a certificate to practice under this	42107
chapter, an individual shall be deemed to have given consent to	42108
submit to a mental or physical examination when ordered to do so	42109
by the board in writing, and to have waived all objections to the	42110
admissibility of testimony or examination reports that constitute	42111
privileged communications.	42112

If it has reason to believe that any individual authorized to	42113
practice by this chapter or any applicant for certification to	42114
practice suffers such impairment, the board may compel the	42115
individual to submit to a mental or physical examination, or both.	42116
The expense of the examination is the responsibility of the	42117
individual compelled to be examined. Any mental or physical	42118
examination required under this division shall be undertaken by a	42119
treatment provider or physician who is qualified to conduct the	42120
examination and who is chosen by the board.	42121

Failure to submit to a mental or physical examination ordered	42122
by the board constitutes an admission of the allegations against	42123
the individual unless the failure is due to circumstances beyond	42124
the individual's control, and a default and final order may be	42125
entered without the taking of testimony or presentation of	42126
evidence. If the board determines that the individual's ability to	42127
practice is impaired, the board shall suspend the individual's	42128
certificate or deny the individual's application and shall require	42129
the individual, as a condition for initial, continued, reinstated,	42130
or renewed certification to practice, to submit to treatment.	42131

Before being eligible to apply for reinstatement of a	42132
certificate suspended under this division, the impaired	42133
practitioner shall demonstrate to the board the ability to resume	42134
practice in compliance with acceptable and prevailing standards of	42135
care under the provisions of the practitioner's certificate. The	42136
demonstration shall include, but shall not be limited to, the	42137
following:	42138

(a) Certification from a treatment provider approved under	42139
section 4731.25 of the Revised Code that the individual has	42140
successfully completed any required inpatient treatment;	42141

(b) Evidence of continuing full compliance with an aftercare	42142
contract or consent agreement;	42143

(c) Two written reports indicating that the individual's	42144
ability to practice has been assessed and that the individual has	42145
been found capable of practicing according to acceptable and	42146
prevailing standards of care. The reports shall be made by	42147
individuals or providers approved by the board for making the	42148
assessments and shall describe the basis for their determination.	42149

The board may reinstate a certificate suspended under this	42150
division after that demonstration and after the individual has	42151
entered into a written consent agreement.	42152

When the impaired practitioner resumes practice, the board	42153
shall require continued monitoring of the individual. The	42154
monitoring shall include, but not be limited to, compliance with	42155
the written consent agreement entered into before reinstatement or	42156
with conditions imposed by board order after a hearing, and, upon	42157
termination of the consent agreement, submission to the board for	42158
at least two years of annual written progress reports made under	42159
penalty of perjury stating whether the individual has maintained	42160
sobriety.	42161

(27) A second or subsequent violation of section 4731.66 or	42162
4731.69 of the Revised Code;	42163

(28) Except as provided in division (N) of this section:

42164

(a) Waiving the payment of all or any part of a deductible or	42165
copayment that a patient, pursuant to a health insurance or health	42166
care policy, contract, or plan that covers the individual's	42167
services, otherwise would be required to pay if the waiver is used	42168
as an enticement to a patient or group of patients to receive	42169
health care services from that individual;	42170

(b) Advertising that the individual will waive the payment of	42171
all or any part of a deductible or copayment that a patient,	42172
pursuant to a health insurance or health care policy, contract, or	42173
plan that covers the individual's services, otherwise would be	42174
required to pay.	42175

(29) Failure to use universal blood and body fluid	42176
precautions established by rules adopted under section 4731.051 of	42177
the Revised Code;	42178

(30) Failure to provide notice to, and receive acknowledgment	42179
of the notice from, a patient when required by section 4731.143 of	42180
the Revised Code prior to providing nonemergency professional	42181
services, or failure to maintain that notice in the patient's	42182
file;	42183

(31) Failure of a physician supervising a physician assistant	42184
to maintain supervision in accordance with the requirements of	42185
Chapter 4730. of the Revised Code and the rules adopted under that	42186
chapter;	42187

(32) Failure of a physician or podiatrist to enter into a	42188
standard care arrangement with a clinical nurse specialist,	42189
certified nurse-midwife, or certified nurse practitioner with whom	42190
the physician or podiatrist is in collaboration pursuant to	42191
section 4731.27 of the Revised Code or failure to fulfill the	42192
responsibilities of collaboration after entering into a standard	42193
care arrangement;	42194

(33) Failure to comply with the terms of a consult agreement	42195
entered into with a pharmacist pursuant to section 4729.39 of the	42196
Revised Code;	42197

(34) Failure to cooperate in an investigation conducted by	42198
the board under division (F) of this section, including failure to	42199
comply with a subpoena or order issued by the board or failure to	42200
answer truthfully a question presented by the board at a	42201
deposition or in written interrogatories, except that failure to	42202
cooperate with an investigation shall not constitute grounds for	42203
discipline under this section if a court of competent jurisdiction	42204
has issued an order that either quashes a subpoena or permits the	42205
individual to withhold the testimony or evidence in issue;	42206

(35) Failure to supervise an acupuncturist in accordance with	42207
Chapter 4762. of the Revised Code and the board's rules for	42208
supervision of an acupuncturist;	42209

(36) Failure to supervise an anesthesiologist assistant in	42210
accordance with Chapter 4760. of the Revised Code and the board's	42211
rules for supervision of an anesthesiologist assistant;	42212

(37) Assisting suicide as defined in section 3795.01 of the	42213
Revised Code.	42214

(C) Disciplinary actions taken by the board under divisions	42215
(A) and (B) of this section shall be taken pursuant to an	42216
adjudication under Chapter 119. of the Revised Code, except that	42217
in lieu of an adjudication, the board may enter into a consent	42218
agreement with an individual to resolve an allegation of a	42219
violation of this chapter or any rule adopted under it. A consent	42220
agreement, when ratified by an affirmative vote of not fewer than	42221
six members of the board, shall constitute the findings and order	42222
of the board with respect to the matter addressed in the	42223
agreement. If the board refuses to ratify a consent agreement, the	42224
admissions and findings contained in the consent agreement shall	42225
be of no force or effect.	42226

If the board takes disciplinary action against an individual	42227
under division (B) of this section for a second or subsequent plea	42228
of guilty to, or judicial finding of guilt of, a violation of	42229
section 2919.123 of the Revised Code, the disciplinary action	42230
shall consist of a suspension of the individual's certificate to	42231
practice for a period of at least one year or, if determined	42232
appropriate by the board, a more serious sanction involving the	42233
individual's certificate to practice. Any consent agreement	42234
entered into under this division with an individual that pertains	42235
to a second or subsequent plea of guilty to, or judicial finding	42236
of guilt of, a violation of that section shall provide for a	42237
suspension of the individual's certificate to practice for a	42238
period of at least one year or, if determined appropriate by the	42239
board, a more serious sanction involving the individual's	42240
certificate to practice.	42241

(D) For purposes of divisions (B)(10), (12), and (14) of this	42242
section, the commission of the act may be established by a finding	42243
by the board, pursuant to an adjudication under Chapter 119. of	42244
the Revised Code, that the individual committed the act. The board	42245
does not have jurisdiction under those divisions if the trial	42246
court renders a final judgment in the individual's favor and that	42247
judgment is based upon an adjudication on the merits. The board	42248
has jurisdiction under those divisions if the trial court issues	42249
an order of dismissal upon technical or procedural grounds.	42250

(E) The sealing of conviction records by any court shall have	42251
no effect upon a prior board order entered under this section or	42252
upon the board's jurisdiction to take action under this section	42253
if, based upon a plea of guilty, a judicial finding of guilt, or a	42254
judicial finding of eligibility for intervention in lieu of	42255
conviction, the board issued a notice of opportunity for a hearing	42256
prior to the court's order to seal the records. The board shall	42257
not be required to seal, destroy, redact, or otherwise modify its	42258
records to reflect the court's sealing of conviction records.	42259

(F)(1) The board shall investigate evidence that appears to	42260
show that a person has violated any provision of this chapter or	42261
any rule adopted under it. Any person may report to the board in a	42262
signed writing any information that the person may have that	42263
appears to show a violation of any provision of this chapter or	42264
any rule adopted under it. In the absence of bad faith, any person	42265
who reports information of that nature or who testifies before the	42266
board in any adjudication conducted under Chapter 119. of the	42267
Revised Code shall not be liable in damages in a civil action as a	42268
result of the report or testimony. Each complaint or allegation of	42269
a violation received by the board shall be assigned a case number	42270
and shall be recorded by the board.	42271

(2) Investigations of alleged violations of this chapter or	42272
any rule adopted under it shall be supervised by the supervising	42273
member elected by the board in accordance with section 4731.02 of	42274
the Revised Code and by the secretary as provided in section	42275
4731.39 of the Revised Code. The president may designate another	42276
member of the board to supervise the investigation in place of the	42277
supervising member. No member of the board who supervises the	42278
investigation of a case shall participate in further adjudication	42279
of the case.	42280

(3) In investigating a possible violation of this chapter or	42281
any rule adopted under this chapter, the board may administer	42282
oaths, order the taking of depositions, issue subpoenas, and	42283
compel the attendance of witnesses and production of books,	42284
accounts, papers, records, documents, and testimony, except that a	42285
subpoena for patient record information shall not be issued	42286
without consultation with the attorney general's office and	42287
approval of the secretary and supervising member of the board.	42288
Before issuance of a subpoena for patient record information, the	42289
secretary and supervising member shall determine whether there is	42290
probable cause to believe that the complaint filed alleges a	42291
violation of this chapter or any rule adopted under it and that	42292
the records sought are relevant to the alleged violation and	42293
material to the investigation. The subpoena may apply only to	42294
records that cover a reasonable period of time surrounding the	42295
alleged violation.	42296

On failure to comply with any subpoena issued by the board	42297
and after reasonable notice to the person being subpoenaed, the	42298
board may move for an order compelling the production of persons	42299
or records pursuant to the Rules of Civil Procedure.	42300

A subpoena issued by the board may be served by a sheriff,	42301
the sheriff's deputy, or a board employee designated by the board.	42302
Service of a subpoena issued by the board may be made by	42303
delivering a copy of the subpoena to the person named therein,	42304
reading it to the person, or leaving it at the person's usual	42305
place of residence. When the person being served is a person whose	42306
practice is authorized by this chapter, service of the subpoena	42307
may be made by certified mail, restricted delivery, return receipt	42308
requested, and the subpoena shall be deemed served on the date	42309
delivery is made or the date the person refuses to accept	42310
delivery.	42311

A sheriff's deputy who serves a subpoena shall receive the	42312
same fees as a sheriff. Each witness who appears before the board	42313
in obedience to a subpoena shall receive the fees and mileage	42314
provided for witnesses in civil cases in the courts of common	42315
pleas.	42316

(4) All hearings and investigations of the board shall be	42317
considered civil actions for the purposes of section 2305.252 of	42318
the Revised Code.	42319

(5) Information received by the board pursuant to an	42320
investigation is confidential and not subject to discovery in any	42321
civil action.	42322

The board shall conduct all investigations and proceedings in	42323
a manner that protects the confidentiality of patients and persons	42324
who file complaints with the board. The board shall not make	42325
public the names or any other identifying information about	42326
patients or complainants unless proper consent is given or, in the	42327
case of a patient, a waiver of the patient privilege exists under	42328
division (B) of section 2317.02 of the Revised Code, except that	42329
consent or a waiver of that nature is not required if the board	42330
possesses reliable and substantial evidence that no bona fide	42331
physician-patient relationship exists.	42332

The board may share any information it receives pursuant to	42333
an investigation, including patient records and patient record	42334
information, with law enforcement agencies, other licensing	42335
boards, and other governmental agencies that are prosecuting,	42336
adjudicating, or investigating alleged violations of statutes or	42337
administrative rules. An agency or board that receives the	42338
information shall comply with the same requirements regarding	42339
confidentiality as those with which the state medical board must	42340
comply, notwithstanding any conflicting provision of the Revised	42341
Code or procedure of the agency or board that applies when it is	42342
dealing with other information in its possession. In a judicial	42343
proceeding, the information may be admitted into evidence only in	42344
accordance with the Rules of Evidence, but the court shall require	42345
that appropriate measures are taken to ensure that confidentiality	42346
is maintained with respect to any part of the information that	42347
contains names or other identifying information about patients or	42348
complainants whose confidentiality was protected by the state	42349
medical board when the information was in the board's possession.	42350
Measures to ensure confidentiality that may be taken by the court	42351
include sealing its records or deleting specific information from	42352
its records.	42353

(6) On a quarterly basis, the board shall prepare a report	42354
that documents the disposition of all cases during the preceding	42355
three months. The report shall contain the following information	42356
for each case with which the board has completed its activities:	42357

(a) The case number assigned to the complaint or alleged	42358
violation;	42359

(b) The type of certificate to practice, if any, held by the	42360
individual against whom the complaint is directed;	42361

(c) A description of the allegations contained in the	42362
complaint;	42363

(d) The disposition of the case.

42364

The report shall state how many cases are still pending and	42365
shall be prepared in a manner that protects the identity of each	42366
person involved in each case. The report shall be a public record	42367
under section 149.43 of the Revised Code.	42368

(G) If the secretary and supervising member determine that	42369
there is clear and convincing evidence that an individual has	42370
violated division (B) of this section and that the individual's	42371
continued practice presents a danger of immediate and serious harm	42372
to the public, they may recommend that the board suspend the	42373
individual's certificate to practice without a prior hearing.	42374
Written allegations shall be prepared for consideration by the	42375
board.	42376

The board, upon review of those allegations and by an	42377
affirmative vote of not fewer than six of its members, excluding	42378
the secretary and supervising member, may suspend a certificate	42379
without a prior hearing. A telephone conference call may be	42380
utilized for reviewing the allegations and taking the vote on the	42381
summary suspension.	42382

The board shall issue a written order of suspension by	42383
certified mail or in person in accordance with section 119.07 of	42384
the Revised Code. The order shall not be subject to suspension by	42385
the court during pendency of any appeal filed under section 119.12	42386
of the Revised Code. If the individual subject to the summary	42387
suspension requests an adjudicatory hearing by the board, the date	42388
set for the hearing shall be within fifteen days, but not earlier	42389
than seven days, after the individual requests the hearing, unless	42390
otherwise agreed to by both the board and the individual.	42391

Any summary suspension imposed under this division shall	42392
remain in effect, unless reversed on appeal, until a final	42393
adjudicative order issued by the board pursuant to this section	42394
and Chapter 119. of the Revised Code becomes effective. The board	42395
shall issue its final adjudicative order within ~~sixty~~seventy-five	42396
days after completion of its hearing. A failure to issue the order	42397
within ~~sixty~~seventy-five days shall result in dissolution of the	42398
summary suspension order but shall not invalidate any subsequent,	42399
final adjudicative order.	42400

(H) If the board takes action under division (B)(9), (11), or	42401
(13) of this section and the judicial finding of guilt, guilty	42402
plea, or judicial finding of eligibility for intervention in lieu	42403
of conviction is overturned on appeal, upon exhaustion of the	42404
criminal appeal, a petition for reconsideration of the order may	42405
be filed with the board along with appropriate court documents.	42406
Upon receipt of a petition of that nature and supporting court	42407
documents, the board shall reinstate the individual's certificate	42408
to practice. The board may then hold an adjudication under Chapter	42409
119. of the Revised Code to determine whether the individual	42410
committed the act in question. Notice of an opportunity for a	42411
hearing shall be given in accordance with Chapter 119. of the	42412
Revised Code. If the board finds, pursuant to an adjudication held	42413
under this division, that the individual committed the act or if	42414
no hearing is requested, the board may order any of the sanctions	42415
identified under division (B) of this section.	42416

(I) The certificate to practice issued to an individual under	42417
this chapter and the individual's practice in this state are	42418
automatically suspended as of the date of the individual's second	42419
or subsequent plea of guilty to, or judicial finding of guilt of,	42420
a violation of section 2919.123 of the Revised Code, or the date	42421
the individual pleads guilty to, is found by a judge or jury to be	42422
guilty of, or is subject to a judicial finding of eligibility for	42423
intervention in lieu of conviction in this state or treatment or	42424
intervention in lieu of conviction in another jurisdiction for any	42425
of the following criminal offenses in this state or a	42426
substantially equivalent criminal offense in another jurisdiction:	42427
aggravated murder, murder, voluntary manslaughter, felonious	42428
assault, kidnapping, rape, sexual battery, gross sexual	42429
imposition, aggravated arson, aggravated robbery, or aggravated	42430
burglary. Continued practice after suspension shall be considered	42431
practicing without a certificate.	42432

The board shall notify the individual subject to the	42433
suspension by certified mail or in person in accordance with	42434
section 119.07 of the Revised Code. If an individual whose	42435
certificate is automatically suspended under this division fails	42436
to make a timely request for an adjudication under Chapter 119. of	42437
the Revised Code, the board shall do whichever of the following is	42438
applicable:	42439

(1) If the automatic suspension under this division is for a	42440
second or subsequent plea of guilty to, or judicial finding of	42441
guilt of, a violation of section 2919.123 of the Revised Code, the	42442
board shall enter an order suspending the individual's certificate	42443
to practice for a period of at least one year or, if determined	42444
appropriate by the board, imposing a more serious sanction	42445
involving the individual's certificate to practice.	42446

(2) In all circumstances in which division (I)(1) of this	42447
section does not apply, enter a final order permanently revoking	42448
the individual's certificate to practice.	42449

(J) If the board is required by Chapter 119. of the Revised	42450
Code to give notice of an opportunity for a hearing and if the	42451
individual subject to the notice does not timely request a hearing	42452
in accordance with section 119.07 of the Revised Code, the board	42453
is not required to hold a hearing, but may adopt, by an	42454
affirmative vote of not fewer than six of its members, a final	42455
order that contains the board's findings. In that final order, the	42456
board may order any of the sanctions identified under division (A)	42457
or (B) of this section.	42458

(K) Any action taken by the board under division (B) of this	42459
section resulting in a suspension from practice shall be	42460
accompanied by a written statement of the conditions under which	42461
the individual's certificate to practice may be reinstated. The	42462
board shall adopt rules governing conditions to be imposed for	42463
reinstatement. Reinstatement of a certificate suspended pursuant	42464
to division (B) of this section requires an affirmative vote of	42465
not fewer than six members of the board.	42466

(L) When the board refuses to grant a certificate to an	42467
applicant, revokes an individual's certificate to practice,	42468
refuses to register an applicant, or refuses to reinstate an	42469
individual's certificate to practice, the board may specify that	42470
its action is permanent. An individual subject to a permanent	42471
action taken by the board is forever thereafter ineligible to hold	42472
a certificate to practice and the board shall not accept an	42473
application for reinstatement of the certificate or for issuance	42474
of a new certificate.	42475

(M) Notwithstanding any other provision of the Revised Code,	42476
all of the following apply:	42477

(1) The surrender of a certificate issued under this chapter	42478
shall not be effective unless or until accepted by the board.	42479
Reinstatement of a certificate surrendered to the board requires	42480
an affirmative vote of not fewer than six members of the board.	42481

(2) An application for a certificate made under the	42482
provisions of this chapter may not be withdrawn without approval	42483
of the board.	42484

(3) Failure by an individual to renew a certificate of	42485
registration in accordance with this chapter shall not remove or	42486
limit the board's jurisdiction to take any disciplinary action	42487
under this section against the individual.	42488

(N) Sanctions shall not be imposed under division (B)(28) of	42489
this section against any person who waives deductibles and	42490
copayments as follows:	42491

(1) In compliance with the health benefit plan that expressly	42492
allows such a practice. Waiver of the deductibles or copayments	42493
shall be made only with the full knowledge and consent of the plan	42494
purchaser, payer, and third-party administrator. Documentation of	42495
the consent shall be made available to the board upon request.	42496

(2) For professional services rendered to any other person	42497
authorized to practice pursuant to this chapter, to the extent	42498
allowed by this chapter and rules adopted by the board.	42499

(O) Under the board's investigative duties described in this	42500
section and subject to division (F) of this section, the board	42501
shall develop and implement a quality intervention program	42502
designed to improve through remedial education the clinical and	42503
communication skills of individuals authorized under this chapter	42504
to practice medicine and surgery, osteopathic medicine and	42505
surgery, and podiatric medicine and surgery. In developing and	42506
implementing the quality intervention program, the board may do	42507
all of the following:	42508

(1) Offer in appropriate cases as determined by the board an	42509
educational and assessment program pursuant to an investigation	42510
the board conducts under this section;	42511

(2) Select providers of educational and assessment services,	42512
including a quality intervention program panel of case reviewers;	42513

(3) Make referrals to educational and assessment service	42514
providers and approve individual educational programs recommended	42515
by those providers. The board shall monitor the progress of each	42516
individual undertaking a recommended individual educational	42517
program.	42518

(4) Determine what constitutes successful completion of an	42519
individual educational program and require further monitoring of	42520
the individual who completed the program or other action that the	42521
board determines to be appropriate;	42522

(5) Adopt rules in accordance with Chapter 119. of the	42523
Revised Code to further implement the quality intervention	42524
program.	42525

An individual who participates in an individual educational	42526
program pursuant to this division shall pay the financial	42527
obligations arising from that educational program.	42528

Sec. 4735.10. (A)(1) The Ohio real estate commission may	42529
adopt reasonable rules in accordance with Chapter 119. of the	42530
Revised Code, necessary for implementing the provisions of this	42531
chapter relating, but not limited to, the following:	42532

(a) The form and manner of filing applications for license;

42533

(b) Times and form of examination for license;

42534

(c) Placing an existing broker's license on deposit or a	42535
salesperson's license on an inactive status for an indefinite	42536
period.	42537

(2) The commission shall adopt reasonable rules in accordance	42538
with Chapter 119. of the Revised Code, for implementing the	42539
provisions of this chapter relating to the following:	42540

(a) The issuance, renewal, suspension, and revocation of	42541
licenses, other sanctions that may be imposed for violations of	42542
this chapter, the conduct of hearings related to these actions,	42543
and the process of reactivating a license;	42544

(b) By not later than January 1, 2004, a three-year license	42545
and a three-year license renewal system;	42546

(c) Standards for the approval of courses of study required	42547
for licenses, or offered in preparation for license examinations,	42548
or required as continuing education for licenses. ~~The rules shall~~	42549
~~specify that no standard for the approval of a course of study~~	42550
~~required as continuing education for licensees shall require that~~	42551
~~licensees pass an examination as a condition for the successful~~	42552
~~completion of a continuing education requirement. A person~~	42553
~~providing a continuing education course may administer~~	42554
~~examinations for the purpose of evaluating the effectiveness of~~	42555
~~the course.~~	42556

(d) Guidelines to ensure that continuing education classes	42557
are open to all persons licensed under this chapter. The rules	42558
shall specify that an organization that sponsors a continuing	42559
education class may offer its members a reasonable reduction in	42560
the fees charged for the class.	42561

(e) Requirements for trust accounts and property management	42562
accounts. The rules shall specify that:	42563

(i) Brokerages engaged in the management of property for	42564
another may, pursuant to a written contract with the property	42565
owner, exercise signatory authority for withdrawals from property	42566
management accounts maintained in the name of the property owner.	42567
The exercise of authority for withdrawals does not constitute a	42568
violation of any provision of division (A) of section 4735.18 of	42569
the Revised Code.	42570

(ii) The interest earned on property management trust	42571
accounts maintained in the name of the property owner or the	42572
broker shall be payable to the property owner unless otherwise	42573
specified in a written contract.	42574

(f) Notice of renewal forms and filing deadlines;

42575

(g) Special assessments under division (A) of section 4735.12	42576
of the Revised Code.	42577

(B) The commission may adopt rules in accordance with Chapter	42578
119. of the Revised Code establishing standards and guidelines	42579
with which the superintendent of real estate shall comply in the	42580
exercise of the following powers:	42581

(1) Appointment and recommendation of ancillary trustees	42582
under section 4735.05 of the Revised Code;	42583

(2) Rejection of names proposed to be used by partnerships,	42584
associations, limited liability companies, limited liability	42585
partnerships, and corporations, under division (A) of section	42586
4735.06 of the Revised Code;	42587

(3) Acceptance and rejection of applications to take the	42588
broker and salesperson examinations and licensure, with	42589
appropriate waivers pursuant to division (E) of section 4735.07	42590
and section 4735.09 of the Revised Code;	42591

(4) Approval of applications of brokers to place their	42592
licenses on deposit and to become salespersons under section	42593
4735.13 of the Revised Code;	42594

(5) Appointment of hearing examiners under section 119.09 of	42595
the Revised Code;	42596

(6) Acceptance and rejection of applications to take the	42597
foreign real estate dealer and salesperson examinations and	42598
licensure, with waiver of examination, under sections 4735.27 and	42599
4735.28 of the Revised Code;	42600

(7) Qualification of foreign real estate under section	42601
4735.25 of the Revised Code.	42602

If at any time there is no rule in effect establishing a	42603
guideline or standard required by this division, the	42604
superintendent may adopt a rule in accordance with Chapter 119. of	42605
the Revised Code for such purpose.	42606

(C) The commission or superintendent may hear testimony in	42607
matters relating to the duties imposed upon them, and the	42608
president of the commission and superintendent may administer	42609
oaths. The commission or superintendent may require other proof of	42610
the honesty, truthfulness, and good reputation of any person named	42611
in an application for a real estate broker's or real estate	42612
salesperson's license before admitting the applicant to the	42613
examination or issuing a license.	42614

Sec. 4735.141. (A) Except as otherwise provided in this	42615
division, each person licensed under section 4735.07 or 4735.09 of	42616
the Revised Code shall submit proof satisfactory to the	42617
superintendent of real estate that the licensee has satisfactorily	42618
completed thirty hours of continuing education, as prescribed by	42619
the Ohio real estate commission pursuant to section 4735.10 of the	42620
Revised Code, on or before the licensee's birthday occurring three	42621
years after the licensee's date of initial licensure, and on or	42622
before the licensee's birthday every three years thereafter.	42623

Persons licensed as real estate salespersons who subsequently	42624
become licensed real estate brokers shall continue to submit proof	42625
of continuing education in accordance with the time period	42626
established in this section.	42627

The requirements of this section shall not apply to any	42628
physically handicapped licensee as provided in division (E) of	42629
this section.	42630

Each licensee who is seventy years of age or older, within a	42631
continuing education reporting period, shall submit proof	42632
satisfactory to the superintendent of real estate that the	42633
licensee has satisfactorily completed a total of nine classroom	42634
hours of continuing education, including instruction in Ohio real	42635
estate law; recently enacted state and federal laws affecting the	42636
real estate industry; municipal, state, and federal civil rights	42637
law; and canons of ethics for the real estate industry as adopted	42638
by the commission. The required proof of completion shall be	42639
submitted on or before the licensee's birthday that falls in the	42640
third year of that continuing education reporting period. A	42641
licensee who is seventy years of age or older whose license is in	42642
an inactive status is exempt from the continuing education	42643
requirements specified in this section. The commission shall adopt	42644
reasonable rules in accordance with Chapter 119. of the Revised	42645
Code to carry out the purposes of this paragraph.	42646

~~A person providing any course of continuing education may~~	42647
~~administer examinations to licensees for the purpose of evaluating~~	42648
~~the effectiveness of the course, but passage of an examination by~~	42649
~~a licensee shall not be a condition for successful completion of~~	42650
~~the continuing education requirements of this section.~~	42651

(B) The continuing education requirements of this section	42652
shall be completed in schools, seminars, and educational	42653
institutions approved by the commission. Such approval shall be	42654
given according to rules established by the commission under the	42655
procedures of Chapter 119. of the Revised Code, and shall not be	42656
limited to institutions providing two-year or four-year degrees.	42657
Each school, seminar, or educational institution approved under	42658
this division shall be open to all licensees on an equal basis.	42659

(C) If the requirements of this section are not met by a	42660
licensee within the period specified, the licensee's license shall	42661
be suspended automatically without the taking of any action by the	42662
superintendent. The superintendent shall notify the licensee of	42663
the license suspension. Any license so suspended shall remain	42664
suspended until it is reactivated by the superintendent. No such	42665
license shall be reactivated until it is established, to the	42666
satisfaction of the superintendent, that the requirements of this	42667
section have been met. If the requirements of this section are not	42668
met within twelve months from the date the license was suspended,	42669
the license shall be revoked automatically without the taking of	42670
any action by the superintendent.	42671

(D) If the license of a real estate broker is suspended	42672
pursuant to division (C) of this section, the license of a real	42673
estate salesperson associated with that broker correspondingly is	42674
suspended pursuant to division (H) of section 4735.20 of the	42675
Revised Code. However, the suspended license of the associated	42676
real estate salesperson shall be reactivated and no fee shall be	42677
charged or collected for that reactivation if all of the following	42678
occur:	42679

(1) That broker subsequently submits proof to the	42680
superintendent that the broker has complied with the requirements	42681
of this section and requests that the broker's license as a real	42682
estate broker be reactivated.	42683

(2) The superintendent then reactivates the broker's license	42684
as a real estate broker.	42685

(3) The associated real estate salesperson intends to	42686
continue to be associated with that broker, has complied with the	42687
requirements of this section, and otherwise is in compliance with	42688
this chapter.	42689

Any person whose license is reactivated pursuant to this	42690
division shall submit proof satisfactory to the superintendent	42691
that the person has completed thirty hours of continuing	42692
education, as prescribed by the Ohio real estate commission, on or	42693
before the third year following the licensee's birthday occurring	42694
immediately after reactivation.	42695

(E) Any licensee who is a physically handicapped licensee at	42696
any time during the last three months of the third year of the	42697
licensee's continuing education reporting period may receive an	42698
extension of time to submit proof to the superintendent that the	42699
licensee has satisfactorily completed the required thirty hours of	42700
continuing education. To receive an extension of time, the	42701
licensee shall submit a request to the division of real estate for	42702
the extension and proof satisfactory to the commission that the	42703
licensee was a physically handicapped licensee at some time during	42704
the last three months of the three-year reporting period. The	42705
proof shall include, but is not limited to, a signed statement by	42706
the licensee's attending physician describing the physical	42707
disability, certifying that the licensee's disability is of such a	42708
nature as to prevent the licensee from attending any instruction	42709
lasting at least three hours in duration, and stating the expected	42710
duration of the physical disability. The licensee shall request	42711
the extension and provide the physician's statement to the	42712
division no later than one month prior to the end of the	42713
licensee's three-year continuing education reporting period,	42714
unless the physical disability did not arise until the last month	42715
of the three-year reporting period, in which event the licensee	42716
shall request the extension and provide the physician's statement	42717
as soon as practical after the occurrence of the physical	42718
disability. A licensee granted an extension pursuant to this	42719
division who is no longer a physically handicapped licensee and	42720
who submits proof of completion of the continuing education during	42721
the extension period, shall submit, for future continuing	42722
education reporting periods, proof of completion of the continuing	42723
education requirements according to the schedule established in	42724
division (A) of this section.	42725

Sec. 4736.01. As used in this chapter:

42726

(A) "Environmental health science" means the aspect of public	42727
health science that includes, but is not limited to, the following	42728
bodies of knowledge: air quality, food quality and protection,	42729
hazardous and toxic substances, consumer product safety, housing,	42730
institutional health and safety, community noise control,	42731
radiation protection, recreational facilities, solid and liquid	42732
waste management, vector control, drinking water quality, milk	42733
sanitation, and rabies control.	42734

(B) "Sanitarian" means a person who performs for compensation	42735
educational, investigational, technical, or administrative duties	42736
requiring specialized knowledge and skills in the field of	42737
environmental health science.	42738

(C) "Registered sanitarian" means a person who is registered	42739
as a sanitarian in accordance with this chapter.	42740

(D) "Sanitarian-in-training" means a person who is registered	42741
as a sanitarian-in-training in accordance with this chapter.	42742

(E) "Practice of environmental health" means consultation,	42743
instruction, investigation, inspection, or evaluation by an	42744
employee of a city health district, a general health district, the	42745
environmental protection agency, the department of health, or the	42746
department of agriculture requiring specialized knowledge,	42747
training, and experience in the field of environmental health	42748
science, with the primary purpose of improving or conducting	42749
administration or enforcement under any of the following:	42750

(1) Chapter 911., 913., 917., 3717., ~~3718.,~~ 3721., 3729., or	42751
3733. of the Revised Code;	42752

(2) Chapter 3734. of the Revised Code as it pertains to solid	42753
waste;	42754

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	42755
3707.38 to 3707.99, or section 3715.21 of the Revised Code;	42756

(4) Rules adopted under section 3701.34 of the Revised Code	42757
pertaining to home sewage, rabies control, or swimming pools;	42758

(5) Rules adopted under section 3701.935 of the Revised Code	42759
for school health and safety network inspections and rules adopted	42760
under section 3707.26 of the Revised Code for sanitary	42761
inspections.	42762

"Practice of environmental health" does not include sampling,	42763
testing, controlling of vectors, reporting of observations, or	42764
other duties that do not require application of specialized	42765
knowledge and skills in environmental health science performed	42766
under the supervision of a registered sanitarian.	42767

The state board of sanitarian registration may further define	42768
environmental health science in relation to specific functions in	42769
the practice of environmental health through rules adopted by the	42770
board under Chapter 119. of the Revised Code.	42771

Sec. 4743.05. Except as otherwise provided in sections	42772
4701.20, 4723.062, 4723.082, and 4729.65 of the Revised Code, all	42773
money collected under Chapters 3773., 4701., 4703., 4709., 4713.,	42774
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736.,	42775
4741., 4753., 4755., 4757., 4758., 4759., 4761., 4766., 4771.,	42776
4775., 4779., and 4781. of the Revised Code shall be paid into the	42777
state treasury to the credit of the occupational licensing and	42778
regulatory fund, which is hereby created for use in administering	42779
such chapters.	42780

At the end of each quarter, the director of budget and	42781
management shall transfer from the occupational licensing and	42782
regulatory fund to the nurse education assistance fund created in	42783
section 3333.28 of the Revised Code the amount certified to the	42784
director under division (B) of section 4723.08 of the Revised	42785
Code.	42786

At the end of each quarter, the director shall transfer from	42787
the occupational licensing and regulatory fund to the certified	42788
public accountant education assistance fund created in section	42789
4701.26 of the Revised Code the amount certified to the director	42790
under division (H)(2) of section 4701.10 of the Revised Code.	42791

Sec. 4753.02. No person shall practice, offer to practice,	42792
or aid and abet the practice of the profession of speech-language	42793
pathology or audiology, or use in connection with ~~his~~the person's	42794
name, or otherwise assume, use, or advertise any title or	42795
description tending to convey the impression that hethe person is	42796
a speech-language pathologist or audiologist unless the person is	42797
licensed or permitted under this chapter.	42798

Sec. 4753.05. (A) The board of speech-language pathology and	42799
audiology may make reasonable rules necessary for the	42800
administration of this chapter. The board shall adopt rules to	42801
ensure ethical standards of practice by speech-language	42802
pathologists and audiologists licensed or permitted pursuant to	42803
this chapter. All rules adopted under this chapter shall be	42804
adopted in accordance with Chapter 119. of the Revised Code.	42805

(B) The board shall determine the nature and scope of	42806
examinations to be administered to applicants for licensure	42807
pursuant to this chapter in the practices of speech-language	42808
pathology and audiology, and shall evaluate the qualifications of	42809
all applicants. Written examinations may be supplemented by such	42810
practical and oral examinations as the board shall determine by	42811
rule. The board shall determine by rule the minimum examination	42812
score for licensure. Licensure shall be granted independently in	42813
speech-language pathology and audiology. The board shall maintain	42814
a current public record of all persons licensed, to be made	42815
available upon request.	42816

(C) The board shall publish and make available, upon request,	42817
the licensure and permit standards prescribed by this chapter and	42818
rules adopted pursuant thereto.	42819

(D) The board shall submit to the governor each year a report	42820
of all its official actions during the preceding year together	42821
with any recommendations and findings with regard to the	42822
improvement of the professions of audiology and speech-language	42823
pathology.	42824

(E) The board shall investigate all alleged irregularities in	42825
the practices of speech-language pathology and audiology by	42826
persons licensed or permitted pursuant to this chapter and any	42827
violations of this chapter or rules adopted by the board. The	42828
board shall not investigate the practice of any person	42829
specifically exempted from licensure under this chapter by section	42830
4753.12 of the Revised Code, as long as the person is practicing	42831
within the scope of the person's license or is carrying out	42832
responsibilities as described in division (G) or (H) of section	42833
4753.12 of the Revised Code and does not claim to be a	42834
speech-language pathologist or audiologist.	42835

In conducting investigations under this division, the board	42836
may administer oaths, order the taking of depositions, issue	42837
subpoenas, and compel the attendance of witnesses and the	42838
production of books, accounts, papers, records, documents, and	42839
testimony. In any case of disobedience or neglect of any subpoena	42840
served on any person or the refusal of any witness to testify to	42841
any matter regarding which the witness may lawfully be	42842
interrogated, the court of common pleas of any county where such	42843
disobedience, neglect, or refusal occurs or any judge thereof, on	42844
application by the board, shall compel obedience by attachment	42845
proceedings for contempt, as in the case of disobedience of the	42846
requirements of a subpoena issued from such court, or a refusal to	42847
testify therein.	42848

(F) The board shall conduct such hearings and keep such	42849
records and minutes as are necessary to carry out this chapter.	42850

(G) The board shall adopt a seal by which it shall	42851
authenticate its proceedings. Copies of the proceedings, records,	42852
and acts signed by the chairperson or executive director and	42853
authenticated by such seal shall be prima-facie evidence thereof	42854
in all courts of this state.	42855

Sec. 4753.073. (A) The board of speech-language pathology and	42856
audiology shall issue under its seal a speech-language pathology	42857
student permit to any applicant who submits a plan that has been	42858
approved by the applicant's university graduate program in	42859
speech-language pathology and that conforms to requirements	42860
determined by the board by rule and who meets all of the following	42861
requirements:	42862

(1) Is enrolled in a graduate program at an educational	42863
institution located in this state that is accredited by the	42864
council on academic accreditation in audiology and speech-language	42865
pathology of the American speech-language-hearing association; and	42866

(2) Has completed at least one year of postgraduate training	42867
in speech-language pathology, or equivalent coursework as	42868
determined by the board, and any student clinical experience the	42869
board may require by rule.	42870

(B) The speech-language pathology student permit authorizes	42871
the holder to practice speech-language pathology within limits	42872
determined by the board by rule, which shall include the	42873
following:	42874

(1) The permit holder's caseload shall be limited in a manner	42875
to be determined by the board by rule.	42876

(2) The permit holder's authorized scope of practice shall be	42877
limited in a manner to be determined by the board by rule. The	42878
rule shall consider the coursework and clinical experience that	42879
has been completed by the permit holder and the recommendation of	42880
the applicant's university graduate program in speech-language	42881
pathology.	42882

(3) The permit holder shall practice only when under the	42883
supervision of a speech-language pathologist who is licensed by	42884
the board and acting under the approval and direction of the	42885
applicant's university graduate program in speech-language	42886
pathology. The board shall determine by rule the manner of	42887
supervision.	42888

(C) A permit issued under this section shall expire two years	42889
after the date of issuance. Student permits may be renewed in a	42890
manner to be determined by the board by rule.	42891

(D) Each permit holder shall display the permit or an	42892
official duplicate in a conspicuous place where the permit holder	42893
practices speech-language pathology.	42894

Sec. 4753.101. The board of speech-language pathology and	42895
audiology, in accordance with Chapter 119. of the Revised Code,	42896
may establish rules to govern any disciplinary action to be taken	42897
against a student issued a permit under section 4753.073 of the	42898
Revised Code. The rules established by the board are not subject	42899
to the adjudication procedure requirements of sections 119.06 to	42900
119.13 of the Revised Code.	42901

Sec. 4753.11. (A) For all types of licenses and permits, the	42902
board of speech-language pathology and audiology shall charge a	42903
nonrefundable licensure or permit fee, to be determined by board	42904
rule, which shall be paid at the time the application is filed	42905
with the board.	42906

(B) On or before the thirty-first day of January of every	42907
other year, the board shall charge a biennial licensure renewal	42908
fee which shall be determined by board rule and used to defray	42909
costs of the board.	42910

(C) The board may, by rule, provide for the waiver of all or	42911
part of such fees when the license is issued less than one hundred	42912
days before the date on which it will expire.	42913

(D) After the last day of the month designated by the board	42914
for renewal, the board shall charge a late fee to be determined by	42915
board rule in addition to the biennial licensure renewal fee.	42916

(E) No municipal corporation shall levy an occupational or	42917
similar excise tax on any person licensed under this chapter.	42918

(F) All fees collected under this section and section 4753.09	42919
of the Revised Code shall be paid into the state treasury to the	42920
credit of the occupational licensing and regulatory fund.	42921

Sec. 4755.03. ~~All~~Except as provided in section 4755.99 of	42922
the Revised Code, all fees and fines collected and assessed under	42923
this chapter by the appropriate section of the Ohio occupational	42924
therapy, physical therapy, and athletic trainers board, shall be	42925
deposited into the state treasury to the credit of the	42926
occupational licensing and regulatory fund.	42927

Sec. 4766.05. (A) The Ohio medical transportation board	42928
shall establish by rule a license fee, a permit fee for each	42929
ambulance, ambulette, rotorcraft air ambulance, fixed wing air	42930
ambulance, and nontransport vehicle owned or leased by the	42931
licensee that is or will be used as provided in section 4766.07 of	42932
the Revised Code, and fees for renewals of licenses and permits,	42933
taking into consideration the actual costs incurred by the board	42934
in carrying out its duties under this chapter. However, the fee	42935
for each license and each renewal of a license shall not exceed	42936
one hundred dollars, and the fee for each permit and each renewal	42937
of a permit shall not exceed one hundred dollars for each	42938
ambulance, rotorcraft air ambulance, fixed wing air ambulance, and	42939
nontransport vehicle. The fee for each permit and each renewal of	42940
a permit shall be twenty-five dollars for each ambulette for one	42941
year after ~~the effective date of this amendment~~March 9, 2004.	42942
Thereafter, the board shall determine by rule the fee, which shall	42943
not exceed fifty dollars, for each permit and each renewal of a	42944
permit for each ambulette. For purposes of establishing fees,	42945
"actual costs" includes the costs of salaries, expenses,	42946
inspection equipment, supervision, and program administration.	42947

(B) The board shall deposit all fees and other moneys	42948
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	42949
the Revised Code in the state treasury to the credit of the ~~Ohio~~	42950
~~medical transportation trust~~occupational licensing and regulatory	42951
fund, which is ~~hereby~~ created by section 4743.05 of the Revised	42952
Code. All moneys from the fund shall be used solely for the	42953
salaries and expenses of the board incurred in implementing and	42954
enforcing this chapter.	42955

(C) The board, subject to the approval of the controlling	42956
board, may establish fees in excess of the maximum amounts allowed	42957
under division (A) of this section, but such fees shall not exceed	42958
those maximum amounts by more than fifty per cent.	42959

Sec. 4766.22. (A) Not later than forty-five days after the	42960
end of each fiscal year, the Ohio medical transportation board	42961
shall submit a report to the governor and general assembly that	42962
provides all of the following information for that fiscal year:	42963

(1) The number of each of the following the board issued:

42964

(a) Basic life-support organization licenses;

42965

(b) Intermediate life-support organization licenses;

42966

42967

(d) Mobile intensive care unit organization licenses;

42968

(e) Ambulette service licenses;

42969

(f) Air medical service organization licenses;

42970

(g) Ambulance permits;

42971

(h) Nontransport vehicle permits;

42972

(i) Ambulette vehicle permits;

42973

(j) Rotorcraft air ambulance permits;

42974

(k) Fixed wing air ambulance permits.

42975

(2) The amount of fees the board collected for issuing and	42976
renewing each type of license and permit specified in division	42977
(A)(1) of this section;	42978

(3) The number of inspections the board or a third party on	42979
the board's behalf conducted in connection with each type of	42980
license and permit specified in division (A)(1) of this section	42981
and the amount of fees the board collected for the inspections;	42982

(4) The number of complaints that were submitted to the	42983
board;	42984

(5) The number of investigations the board conducted under	42985
section 4766.11 of the Revised Code;	42986

(6) The number of adjudication hearings the board held and	42987
the outcomes of the adjudications;	42988

(7) The amount of penalties the board imposed and collected	42989
under section 4766.08 of the Revised Code;	42990

(8) Other information the board determines reflects the	42991
board's operations.	42992

(B) The board shall post the annual report required by this	42993
section on its web site and make it available to the public on	42994
request.	42995

Sec. 4775.08. (A) The initial and annual renewal fee for a	42996
motor vehicle collision repair registration certificate and for a	42997
temporary motor vehicle collision repair registration certificate	42998
is one hundred fifty dollars for each business location at which	42999
the motor vehicle collision repair operator conducts business as	43000
an operator, except that the board of motor vehicle collision	43001
repair registration, with the approval of the controlling board,	43002
may establish fees in excess of or less than that amount, provided	43003
that such fees do not exceed or are not less than that amount by	43004
more than fifty per cent.	43005

The board shall adjust the fees as necessary in order to	43006
provide for the expenses associated with carrying out this chapter	43007
~~without causing an excessive build-up of surplus funds in the~~	43008
~~motor vehicle collision repair registration fund, which is hereby~~	43009
~~created in the state treasury~~.	43010

(B) If the board has notified or attempted to notify a motor	43011
vehicle collision repair operator that the operator is required to	43012
be registered under this chapter, and the operator fails to	43013
register, the initial fee for the registration of such an	43014
unregistered operator for each business location at which the	43015
operator conducts business as an operator, is the initial fee then	43016
in effect plus an additional amount equal to the initial fee then	43017
in effect for each calendar year that the operator is not	43018
registered after the board has notified or attempted to notify the	43019
operator.	43020

(C) The board shall deposit all fees and fines collected	43021
under this chapter into the ~~motor vehicle collision repair~~	43022
~~registration fund. The board shall use the fund solely for the~~	43023
~~administration and enforcement of this chapter~~occupational	43024
licensing and regulatory fund created by section 4743.05 of the	43025
Revised Code.	43026

Sec. 4921.40. In accordance with section 4921.04 of the	43027
Revised Code, the public utilities commission may adopt rules:	43028

(A) Providing for binding estimates by motor transportation	43029
companies engaged, for hire, in the business of transporting	43030
household goods over a public highway in this state;	43031

(B) Providing for guaranteed-not-to-exceed estimates by such	43032
motor transportation companies;	43033

(C) Requiring such motor transportation companies to include	43034
their certificate number in all advertising, written estimates,	43035
and contracts related to the transportation of household goods in	43036
this state;	43037

(D) As are necessary and proper to carry out this chapter	43038
with respect to such motor transportation companies;	43039

(E) Providing for the enforcement of the consumer protection	43040
provisions of Title 49 of the United States Code related to the	43041
delivery and transportation of household goods in interstate	43042
commerce, as permitted by 49 U.S.C. 14710. Any fine or penalty	43043
imposed as a result of such enforcement shall be deposited into	43044
the state treasury to the credit of the general revenue fund.	43045

Sec. 4923.26. There is hereby created in the state treasury	43046
the federal commercial vehicle transportation systems fund. The	43047
fund shall consist of money received from the United States	43048
department of transportation's commercial vehicle intelligent	43049
transportation systems infrastructure deployment program. The	43050
public utilities commission shall use the fund to deploy the Ohio	43051
commercial vehicle information systems networks project and to	43052
improve safety of motor carrier operations through electronic	43053
exchange of data by means of on-highway electronic systems.	43054

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	43055
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	43056
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	43057

(B) The department of job and family services shall act as	43058
the single state agency to administer federal payments for foster	43059
care and adoption assistance made pursuant to Title IV-E. The	43060
director of job and family services shall adopt rules to implement	43061
this authority. Rules governing financial and administrative	43062
requirements applicable to public children services agencies and	43063
government entities that provide Title IV-E reimbursable placement	43064
services to children shall be adopted in accordance with section	43065
111.15 of the Revised Code, as if they were internal management	43066
rules. Rules governing requirements applicable to private child	43067
placing agencies and private noncustodial agencies and rules	43068
establishing eligibility, program participation, and other	43069
requirements concerning Title IV-E shall be adopted in accordance	43070
with Chapter 119. of the Revised Code. A public children services	43071
agency to which the department distributes Title IV-E funds shall	43072
administer the funds in accordance with those rules.	43073

(C)(1) The county, on behalf of each child eligible for	43074
foster care maintenance payments under Title IV-E, shall make	43075
payments to cover the cost of providing all of the following:	43076

(a) The child's food, clothing, shelter, daily supervision,	43077
and school supplies;	43078

(b) The child's personal incidentals;

43079

43080

(2) In addition to payments made under division (C)(1) of	43081
this section, the county may, on behalf of each child eligible for	43082
foster care maintenance payments under Title IV-E, make payments	43083
to cover the cost of providing the following:	43084

(a) Liability insurance with respect to the child;

43085

(b) If the county is participating in the demonstration	43086
project established under division (A) of section 5101.142 of the	43087
Revised Code, services provided under the project.	43088

(3) With respect to a child who is in a child-care	43089
institution, including any type of group home designed for the	43090
care of children or any privately operated program consisting of	43091
two or more certified foster homes operated by a common	43092
administrative unit, the foster care maintenance payments made by	43093
the county on behalf of the child shall include the reasonable	43094
cost of the administration and operation of the institution, group	43095
home, or program, as necessary to provide the items described in	43096
divisions (C)(1) and (2) of this section.	43097

(D) To the extent that either foster care maintenance	43098
payments under division (C) of this section or Title IV-E adoption	43099
assistance payments for maintenance costs require the expenditure	43100
of county funds, the board of county commissioners shall report	43101
the nature and amount of each expenditure of county funds to the	43102
department.	43103

(E) The department shall distribute to public children	43104
services agencies that incur and report ~~such~~ expenditures of the	43105
type described in division (D) of this section federal financial	43106
participation received for administrative and training costs	43107
incurred in the operation of foster care maintenance and adoption	43108
assistance programs. The department may withhold not more than	43109
three per cent of the federal financial participation received.	43110
The funds withheld may be used only to fund the following:	43111

(1) The Ohio child welfare training program established under	43112
section 5103.30 of the Revised Code ~~and the~~;	43113

(2) The university partnership program for college and	43114
university students majoring in social work who have committed to	43115
work for a public children services agency upon graduation~~. The~~;	43116

(3) Efforts supporting organizational excellence, including	43117
voluntary activities to be accredited by a nationally recognized	43118
accreditation organization.	43119

The funds withheld shall be in addition to any administration	43120
and training cost for which the department is reimbursed through	43121
its own cost allocation plan.	43122

(F) All federal financial participation funds received by a	43123
county pursuant to this section shall be deposited into the	43124
county's children services fund created pursuant to section	43125
5101.144 of the Revised Code.	43126

(G) The department shall periodically publish and distribute	43127
the maximum amounts that the department will reimburse public	43128
children services agencies for making payments on behalf of	43129
children eligible for foster care maintenance payments.	43130

(H) The department, by and through its director, is hereby	43131
authorized to develop, participate in the development of,	43132
negotiate, and enter into one or more interstate compacts on	43133
behalf of this state with agencies of any other states, for the	43134
provision of medical assistance and other social services to	43135
children in relation to whom all of the following apply:	43136

(1) They have special needs.

43137

(2) This state or another state that is a party to the	43138
interstate compact is providing adoption assistance on their	43139
behalf.	43140

(3) They move into this state from another state or move out	43141
of this state to another state.	43142

Sec. 5101.16. (A) As used in this section and sections	43143
5101.161 and 5101.162 of the Revised Code:	43144

(1) "Disability financial assistance" means the financial	43145
assistance program established under Chapter 5115. of the Revised	43146
Code.	43147

(2) "Disability medical assistance" means the medical	43148
assistance program established under Chapter 5115. of the Revised	43149
Code.	43150

(3) "Food stamps" means the program administered by the	43151
department of job and family services pursuant to section 5101.54	43152
of the Revised Code.	43153

(4) "Medicaid" means the medical assistance program	43154
established by Chapter 5111. of the Revised Code, excluding	43155
transportation services provided under that chapter.	43156

(5) "Ohio works first" means the program established by	43157
Chapter 5107. of the Revised Code.	43158

(6) "Prevention, retention, and contingency" means the	43159
program established by Chapter 5108. of the Revised Code.	43160

(7) "Public assistance expenditures" means expenditures for	43161
all of the following:	43162

(a) Ohio works first;

43163

(b) County administration of Ohio works first;

43164

43165

(d) County administration of prevention, retention, and	43166
contingency;	43167

(e) Disability financial assistance;

43168

(f) Disability medical assistance;

43169

(g) County administration of disability financial assistance;

43170

(h) County administration of disability medical assistance;

43171

(i) County administration of food stamps;

43172

(j) County administration of medicaid.

43173

(8) "Title IV-A program" has the same meaning as in section	43174
5101.80 of the Revised Code.	43175

(B) Each board of county commissioners shall pay the county	43176
share of public assistance expenditures in accordance with section	43177
5101.161 of the Revised Code. Except as provided in division (C)	43178
of this section, a county's share of public assistance	43179
expenditures is the sum of all of the following for state fiscal	43180
year 1998 and each state fiscal year thereafter, minus the amount	43181
calculated under division (C) of section 5111.017 of the Revised	43182
Code for the state fiscal year ending in the previous calendar	43183
year:	43184

(1) The amount that is twenty-five per cent of the county's	43185
total expenditures for disability financial assistance and	43186
disability medical assistance and county administration of those	43187
programs during the state fiscal year ending in the previous	43188
calendar year that the department of job and family services	43189
determines are allowable.	43190

(2) The amount that is ten per cent, or other percentage	43191
determined under division (D) of this section, of the county's	43192
total expenditures for county administration of food stamps and	43193
medicaid during the state fiscal year ending in the previous	43194
calendar year that the department determines are allowable, less	43195
the amount of federal reimbursement credited to the county under	43196
division (E) of this section for the state fiscal year ending in	43197
the previous calendar year;	43198

(3) A percentage of the actual amount of the county share of	43199
program and administrative expenditures during federal fiscal year	43200
1994 for assistance and services, other than child care, provided	43201
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	43202
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	43203
enactment of the "Personal Responsibility and Work Opportunity	43204
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	43205
and family services shall determine the actual amount of the	43206
county share from expenditure reports submitted to the United	43207
States department of health and human services. The percentage	43208
shall be the percentage established in rules adopted under	43209
division (F) of this section.	43210

(C)(1) If a county's share of public assistance expenditures	43211
determined under division (B) of this section for a state fiscal	43212
year exceeds one hundred ten per cent of the county's share for	43213
those expenditures for the immediately preceding state fiscal	43214
year, the department of job and family services shall reduce the	43215
county's share for expenditures under divisions (B)(1) and (2) of	43216
this section so that the total of the county's share for	43217
expenditures under division (B) of this section equals one hundred	43218
ten per cent of the county's share of those expenditures for the	43219
immediately preceding state fiscal year.	43220

(2) A county's share of public assistance expenditures	43221
determined under division (B) of this section may be increased	43222
pursuant to section 5101.163 of the Revised Code and a sanction	43223
under section 5101.24 of the Revised Code. An increase made	43224
pursuant to section 5101.163 of the Revised Code may cause the	43225
county's share to exceed the limit established by division (C)(1)	43226
of this section.	43227

(D)(1) If the per capita tax duplicate of a county is less	43228
than the per capita tax duplicate of the state as a whole and	43229
division (D)(2) of this section does not apply to the county, the	43230
percentage to be used for the purpose of division (B)(2) of this	43231
section is the product of ten multiplied by a fraction of which	43232
the numerator is the per capita tax duplicate of the county and	43233
the denominator is the per capita tax duplicate of the state as a	43234
whole. The department of job and family services shall compute the	43235
per capita tax duplicate for the state and for each county by	43236
dividing the tax duplicate for the most recent available year by	43237
the current estimate of population prepared by the department of	43238
development.	43239

(2) If the percentage of families in a county with an annual	43240
income of less than three thousand dollars is greater than the	43241
percentage of such families in the state and division (D)(1) of	43242
this section does not apply to the county, the percentage to be	43243
used for the purpose of division (B)(2) of this section is the	43244
product of ten multiplied by a fraction of which the numerator is	43245
the percentage of families in the state with an annual income of	43246
less than three thousand dollars a year and the denominator is the	43247
percentage of such families in the county. The department of job	43248
and family services shall compute the percentage of families with	43249
an annual income of less than three thousand dollars for the state	43250
and for each county by multiplying the most recent estimate of	43251
such families published by the department of development, by a	43252
fraction, the numerator of which is the estimate of average annual	43253
personal income published by the bureau of economic analysis of	43254
the United States department of commerce for the year on which the	43255
census estimate is based and the denominator of which is the most	43256
recent such estimate published by the bureau.	43257

(3) If the per capita tax duplicate of a county is less than	43258
the per capita tax duplicate of the state as a whole and the	43259
percentage of families in the county with an annual income of less	43260
than three thousand dollars is greater than the percentage of such	43261
families in the state, the percentage to be used for the purpose	43262
of division (B)(2) of this section shall be determined as follows:	43263

(a) Multiply ten by the fraction determined under division	43264
(D)(1) of this section;	43265

(b) Multiply the product determined under division (D)(3)(a)	43266
of this section by the fraction determined under division (D)(2)	43267
of this section.	43268

(4) The department of job and family services shall	43269
determine, for each county, the percentage to be used for the	43270
purpose of division (B)(2) of this section not later than the	43271
first day of July of the year preceding the state fiscal year for	43272
which the percentage is used.	43273

(E) The department of job and family services shall credit to	43274
a county the amount of federal reimbursement the department	43275
receives from the United States departments of agriculture and	43276
health and human services for the county's expenditures for	43277
administration of food stamps and medicaid that the department	43278
determines are allowable administrative expenditures.	43279

(F)(1) The director of job and family services shall adopt	43280
rules in accordance with section 111.15 of the Revised Code to	43281
establish all of the following:	43282

(a) The method the department is to use to change a county's	43283
share of public assistance expenditures determined under division	43284
(B) of this section as provided in division (C) of this section;	43285

(b) The allocation methodology and formula the department	43286
will use to determine the amount of funds to credit to a county	43287
under this section;	43288

(c) The method the department will use to change the payment	43289
of the county share of public assistance expenditures from a	43290
calendar-year basis to a state fiscal year basis;	43291

(d) The percentage to be used for the purpose of division	43292
(B)(3) of this section, which shall, except as provided in section	43293
5101.163 of the Revised Code, meet both of the following	43294
requirements:	43295

(i) The percentage shall not be less than seventy-five per	43296
cent nor more than eighty-two per cent;	43297

(ii) The percentage shall not exceed the percentage that the	43298
state's qualified state expenditures is of the state's historic	43299
state expenditures as those terms are defined in 42 U.S.C.	43300
609(a)(7).	43301

(e) Other procedures and requirements necessary to implement	43302
this section.	43303

(2) The director of job and family services may amend the	43304
rule adopted under division (F)(1)(d) of this section to modify	43305
the percentage on determination that the amount the general	43306
assembly appropriates for Title IV-A programs makes the	43307
modification necessary. The rule shall be adopted and amended as	43308
if an internal management rule and in consultation with the	43309
director of budget and management.	43310

Sec. 5101.162. Subject to available federal funds and	43311
appropriations made by the general assembly, the department of job	43312
and family services may, at its sole discretion, use available	43313
federal funds to reimburse county expenditures for county	43314
administration of food stamps or medicaid even though the county	43315
expenditures meet or exceed the maximum allowable reimbursement	43316
amount established by rules adopted under section 5101.161 of the	43317
Revised Code ~~if the board of county commissioners has entered into~~	43318
~~a fiscal agreement with the director of job and family services~~	43319
~~under section 5101.21 of the Revised Code~~. The director may adopt	43320
internal management rules in accordance with section 111.15 of the	43321
Revised Code to implement this section.	43322

Sec. 5101.21. (A) As used in ~~this section, "county signer~~	43323
sections 5101.21 to 5101.212 of the Revised Code:	43324

(1) "County grantee" means all of the following:

43325

~~(1)~~(a) A board of county commissioners;

43326

~~(2)~~(b) A county children services board appointed under	43327
section 5153.03 of the Revised Code ~~if required by division (B) of~~	43328
~~this section to enter into a fiscal agreement~~;	43329

~~(3)~~(c) A county elected official that is a child support	43330
enforcement agency ~~if required by division (B) of this section to~~	43331
~~enter into a fiscal agreement~~.	43332

(2) "County subgrant" means a grant that a county grantee	43333
awards to another entity.	43334

(3) "County subgrant agreement" means an agreement between a	43335
county grantee and another entity under which the county grantee	43336
awards the other entity one or more county subgrants.	43337

(4) "Fiscal biennial period" means a two-year period	43338
beginning on the first day of July of an odd-numbered year and	43339
ending on the last day of June of the next odd-numbered year.	43340

(5) "Grant" means an award for one or more family services	43341
duties of federal financial assistance that a federal agency	43342
provides in the form of money, or property in lieu of money, to	43343
the department of job and family services and that the department	43344
awards to a county grantee. "Grant" may include state funds the	43345
department awards to a county grantee to match the federal	43346
financial assistance. "Grant" does not mean either of the	43347
following:	43348

(a) Technical assistance that provides services instead of	43349
money;	43350

(b) Other assistance provided in the form of revenue sharing,	43351
loans, loan guarantees, interest subsidies, or insurance.	43352

(6) "Grant agreement" means an agreement between the	43353
department of job and family services and a county grantee under	43354
which the department awards the county grantee one or more grants.	43355

(B) ~~The~~Effective July 1, 2008, the director of job and	43356
family services may award grants to counties only through grant	43357
agreements entered into under this section.	43358

(C) The director shall enter into one or more written ~~fiscal~~	43359
grant agreements with ~~boards of~~the county ~~commissioners under~~	43360
~~which financial assistance is awarded for family services duties~~	43361
~~included in the agreements~~grantees of each county. ~~Boards of~~	43362
~~county commissioners shall select which family services duties to~~	43363
~~include in a fiscal agreement. If a board of county commissioners~~	43364
~~elects to include family services duties of a public children~~	43365
~~services agency and a county children services board appointed~~	43366
~~under section 5153.03 of the Revised Code serves as the county's~~	43367
~~public children services agency, the board of county commissioners~~	43368
~~and county children services board shall jointly enter into the~~	43369
~~fiscal agreement with the director. If a board of county~~	43370
~~commissioners elects to include family services duties of a child~~	43371
~~support enforcement agency and the entity designated under former~~	43372
~~section 2301.35 of the Revised Code prior to October 1, 1997, or~~	43373
~~designated under section 307.981 of the Revised Code as the~~	43374
~~county's child support enforcement agency is an elected official~~	43375
~~of the county, the board of county commissioners and county~~	43376
~~elected official~~If a county has multiple county grantees, the	43377
director shall jointly enter into the ~~fiscal~~grant agreement with	43378
~~the director~~all of the county grantees. The initial grant	43379
agreement shall be entered into not later than January 31, 2008,	43380
and shall be in effect for fiscal year 2009. Except as provided in	43381
rules adopted under this section, subsequent grant agreements	43382
shall be entered into before the first day of each successive	43383
fiscal biennial period and shall be in effect for that fiscal	43384
biennial period or, in the case of a grant agreement entered into	43385
after the first day of a fiscal biennial period and except as	43386
provided by section 5101.211 of the Revised Code, for the	43387
remainder of the fiscal biennial period. A ~~fiscal~~grant agreement	43388
shall do all of the following:	43389

(1) Comply with all of the conditions, requirements, and	43390
restrictions applicable to the family services duties for which	43391
the grants included in the agreement are awarded, including the	43392
conditions, requirements, and restrictions established by the	43393
department, federal or state law, state plans for receipt of	43394
federal financial participation, agreements between the department	43395
and a federal agency, and executive orders issued by the governor;	43396

(2) Establish terms and conditions governing the	43397
accountability for and use of the grants included in the grant	43398
agreement;	43399

(3) Specify ~~the~~both of the following:

43400

(a) The family services duties ~~included in the agreement and~~	43401
~~the~~for which the grants included in the agreement are awarded;	43402

(b) The private and government entities designated under	43403
section 307.981 of the Revised Code to serve as the county family	43404
services agencies performing the family services duties;	43405

~~(2)~~(4) Provide for the department of job and family services	43406
to award ~~financial assistance for~~ the ~~family services duties~~	43407
grants included in the agreement in accordance with a methodology	43408
for determining the amount of the award established by rules	43409
adopted under ~~division (D) of~~ this section;	43410

~~(3)~~(5) Specify the form of the ~~award of financial assistance~~	43411
grants which may be ~~an allocation,~~a cash draw, reimbursement,	43412
property, advance, working capital advance, or~~, to the extent~~	43413
~~authorized by an appropriation made by the general assembly and to~~	43414
~~the extent practicable and not in conflict with a federal or state~~	43415
~~law, a consolidated funding allocation for two or more family~~	43416
~~services duties included in the agreement~~other forms specified in	43417
rules adopted under this section;	43418

~~(4)~~(6) Provide that the ~~award of financial assistance is~~	43419
grants are subject to the availability of federal funds and	43420
appropriations made by the general assembly;	43421

~~(5)~~(7) Specify annual financial, administrative, or other	43422
incentive awards, if any, to be provided in accordance with	43423
section 5101.23 of the Revised Code;	43424

~~(6)~~(8) Include the assurance of each county ~~signer~~grantee	43425
that the county ~~signer~~grantee will do all of the following:	43426

(a) Ensure that the ~~financial assistance awarded under~~grants	43427
included in the agreement isare used, and the family services	43428
duties ~~included in~~for which the ~~agreement~~grants are awarded are	43429
performed, in accordance with conditions, requirements ~~for~~, and	43430
restrictions applicable to the duties established by the	43431
department, a federal or state law, ~~or any of the following that~~	43432
~~concern the family services duties included in the fiscal~~	43433
~~agreement and are published under section 5101.212 of the Revised~~	43434
~~Code:~~ state plans for receipt of federal financial participation,	43435
~~grant~~ agreements between the department and a federal agency, and	43436
executive orders issued by the governor;	43437

(b) ~~Ensure that the board and county family services agencies~~	43438
~~utilize~~Utilize a financial management system and other	43439
accountability mechanisms for the ~~financial assistance~~grants	43440
awarded under the agreement that meet requirements the department	43441
establishes;	43442

(c) ~~Require the county family services agencies to do both~~Do	43443
all of the following with regard to a county subgrant:	43444

(i) Award the subgrant through a written county subgrant	43445
agreement that requires the entity awarded the county subgrant to	43446
comply with all conditions, requirements, and restrictions	43447
applicable to the county grantee regarding the grant that the	43448
county grantee subgrants to the entity, including the conditions,	43449
requirements, and restrictions of this section;	43450

(ii) Monitor ~~all private and government entities~~the entity	43451
that ~~receive a payment from financial assistance~~is awarded ~~under~~	43452
the ~~agreement~~subgrant to ensure that ~~each~~the entity uses the	43453
~~payment~~subgrant in accordance with conditions, requirements ~~for~~,	43454
and restrictions applicable to the family services duties ~~included~~	43455
infor which the ~~agreement~~subgrant is awarded;	43456

~~(ii)~~(iii) Take action to recover ~~payments~~subgrants that are	43457
not used in accordance with the conditions, requirements ~~for~~, or	43458
restrictions applicable to the family services duties ~~included in~~	43459
for which the ~~agreement~~subgrant is awarded.	43460

(d) ~~Require county family services agencies to promptly~~	43461
Promptly reimburse the department the amount that represents the	43462
amount ~~an agency~~the county grantee is responsible for, pursuant	43463
to action the department takes under division (C) of section	43464
5101.24 of the Revised Code, of funds the department pays to any	43465
entity because of an adverse audit finding, adverse quality	43466
control finding, final disallowance of federal financial	43467
participation, or other sanction or penalty;	43468

(e) ~~Require county family services agencies to take~~Take	43469
prompt corrective action, including paying amounts resulting from	43470
an adverse finding, sanction, or penalty, if the department,	43471
auditor of state, federal agency, or other entity authorized by	43472
federal or state law to determine compliance with the conditions,	43473
requirements ~~for~~, and restrictions applicable to a family services	43474
duty for which a grant included in the agreement is awarded	43475
determines compliance has not been achieved;	43476

(f) Ensure that any matching funds, regardless of the source,	43477
that the county grantee manages are clearly identified and used in	43478
accordance with federal and state laws and the agreement.	43479

~~(7)~~(9) Provide for the department taking action pursuant to	43480
division (C) of section 5101.24 of the Revised Code if authorized	43481
by division (B)(1), (2), (3), or (4) of that section;	43482

~~(8)~~(10) Provide for the department to do all of the	43483
following:	43484

(a) Provide the county grantee timely and clear written	43485
explanations, and consistent and accurate interpretations, of the	43486
conditions, requirements, and restrictions applicable to the	43487
family services duties for which the grants included in the	43488
agreement are awarded;	43489

(b) Provide the personnel of the county grantee and county	43490
family services agencies, as appropriate, timely and accessible	43491
training regarding changes to the conditions, requirements, and	43492
restrictions applicable to the family services duties for which	43493
the grants included in the agreement are awarded;	43494

(c) Provide a county family services agency technical	43495
assistance necessary for the county family services agency to be	43496
able to implement a family services duty for which a grant	43497
included in the agreement is awarded efficiently and in compliance	43498
with the conditions, requirements, and restrictions applicable to	43499
the family services duty;	43500

(d) Monitor county family services agencies' implementation	43501
of the family services duties for which the grants included in the	43502
agreement are awarded during the period for which the grant is	43503
made to identify problems that can be corrected before the	43504
problems are identified in an audit;	43505

(e) Assist the county grantee to resolve an adverse audit	43506
finding by the federal government, auditor of state, or other	43507
entity by providing the county grantee copies of the department's	43508
directives, assistance in documenting the department's efforts to	43509
work with the county grantee or a county family services agency to	43510
correct problems, and other assistance.	43511

(11) Provide for timely audits required by federal and state	43512
law and require prompt release of audit findings and prompt action	43513
to correct problems identified in an audit;	43514

~~(9) Comply with all of the requirements for the family~~	43515
~~services duties that are included in the agreement and have been~~	43516
~~established by the department, federal or state law, or any of the~~	43517
~~following that concern the family services duties included in the~~	43518
~~fiscal agreement and are published under section 5101.212 of the~~	43519
~~Revised Code: state plans for receipt of federal financial~~	43520
~~participation, grant agreements between the department and a~~	43521
~~federal agency, and executive orders issued by the governor;~~	43522

~~(10)~~(12) Provide for ~~dispute resolution~~administrative review	43523
procedures in accordance with section 5101.24 of the Revised Code;	43524

~~(11)~~(13) Establish the method of amending or terminating the	43525
agreement and an expedited process for correcting terms or	43526
conditions of the agreement that the director and each county	43527
~~signer~~grantee agree are erroneous;	43528

~~(12) Except as provided in rules adopted under division (D)~~	43529
~~of this section, begin on the first day of July of an odd-numbered~~	43530
~~year and end on the last day of June of the next odd-numbered~~	43531
~~year~~.	43532

~~(C)~~(D) A grant agreement does not have to be amended for a	43533
county grantee to be required to comply with a new or amended	43534
condition, requirement, or restriction for a family services duty	43535
established by federal or state law, state plan for receipt of	43536
federal financial participation, agreement between the department	43537
and a federal agency, or executive order issued by the governor.	43538

(E) The department shall make payments authorized by a ~~fiscal~~	43539
grant agreement on vouchers it prepares and may include any funds	43540
appropriated or allocated to it for carrying out family services	43541
duties for which a grant included in the agreement is awarded,	43542
including funds for personal services and maintenance.	43543

~~(D)~~(F)(1) The director shall adopt rules in accordance with	43544
section 111.15 of the Revised Code governing ~~fiscal~~grant	43545
agreements. The director shall adopt the rules as if they were	43546
internal management rules. Before adopting the rules, the director	43547
shall give the public an opportunity to review and comment on the	43548
proposed rules. The rules shall establish methodologies to be used	43549
to determine the amount of ~~financial assistance to be awarded~~	43550
~~under~~the grants included in the agreements. The rules also shall	43551
establish terms and conditions under which an agreement may be	43552
entered into after the first day of ~~July of an odd-numbered year~~a	43553
fiscal biennial period. The rules may do any or all of the	43554
following:	43555

(a) Govern the award of grants included in grant agreements,	43556
including the establishment of ~~allocations~~, and restrictions on,	43557
the form of the grants and the distribution of the grants;	43558

(b) Specify allowable uses of ~~financial assistance awarded~~	43559
~~under~~the grants included in the agreements;	43560

(c) Establish reporting, cash management, audit, and other	43561
requirements the director determines are necessary to provide	43562
accountability for the use of ~~financial assistance awarded under~~	43563
the grants included in the agreements and determine compliance	43564
with conditions, requirements, and restrictions established by the	43565
department, a federal or state law, ~~or any of the following that~~	43566
~~concern the family services duties included in the agreements and~~	43567
~~are published under section 5101.212 of the Revised Code:~~ state	43568
plans for receipt of federal financial participation, ~~grant~~	43569
agreements between the department and a federal ~~entity~~agency, and	43570
executive orders issued by the governor.	43571

(2) A requirement of a ~~fiscal~~grant agreement established by	43572
a rule adopted under this division is applicable to a ~~fiscal~~grant	43573
agreement without having to be restated in the ~~fiscal~~grant	43574
agreement. A requirement established by a grant agreement is	43575
applicable to the grant agreement without having to be restated in	43576
a rule.	43577

Sec. 5101.211. ~~(A) Except as provided in division (B) of~~	43578
~~this section, the~~The director of job and family services may	43579
provide for a ~~fiscal~~grant agreement entered into under section	43580
5101.21 of the Revised Code to have a retroactive effective date	43581
of the first day of July of an odd-numbered year if both of the	43582
following are the case:	43583

~~(1)~~(A) The agreement is entered into after that date and	43584
before the last day of that July.	43585

~~(2)~~(B) The board of county commissioners requests the	43586
retroactive effective date and provides the director good cause	43587
satisfactory to the director for the reason the agreement was not	43588
entered into on or before the first day of that July.	43589

~~(B) The director may provide for a fiscal agreement to have a~~	43590
~~retroactive effective date of July 1, 2003, if both of the~~	43591
~~following are the case:~~	43592

~~(1) The agreement is entered into after July 1, 2003, and~~	43593
~~before August 29, 2003.~~	43594

~~(2) The board of county commissioners requests the~~	43595
~~retroactive effective date.~~	43596

Sec. 5101.212. The department of job and family services	43597
shall publish in a manner accessible to the public all of the	43598
following that concern family services duties for which grants	43599
included in ~~fiscal~~grant agreements entered into under section	43600
5101.21 of the Revised Code are awarded: state plans for receipt	43601
of federal financial participation, ~~grant~~ agreements between the	43602
department and a federal agency, and executive orders issued by	43603
the governor. The department may publish the materials	43604
electronically or otherwise.	43605

Sec. 5101.213. (A) ~~Except as provided in section 5101.211 of~~	43606
~~the Revised Code, if a fiscal agreement under section 5101.21 of~~	43607
~~the Revised Code between the director of job and family services~~	43608
~~and a board of county commissioners is not in effect~~Until July 1,	43609
2008, all of the following apply:	43610

(1) ~~The~~For each board of county commissioners, the	43611
department of job and family services shall award to the county	43612
the board serves financial assistance for family services duties	43613
in accordance with a methodology for determining the amount of the	43614
award established by rules adopted under division (B) of this	43615
section.	43616

(2) The financial assistance may be provided in the form of	43617
allocations, cash draws, reimbursements, and property but may not	43618
be made in the form of a consolidated funding allocation.	43619

(3) The award of the financial assistance is subject to the	43620
availability of federal funds and appropriations made by the	43621
general assembly.	43622

(4) The county family services agencies performing the family	43623
services duties for which the financial assistance is awarded	43624
shall do all of the following:	43625

(a) Use the financial assistance, and perform the family	43626
services duties, in accordance with requirements for the duties	43627
established by the department, a federal or state law, or any of	43628
the following that concern the duties: state plans for receipt of	43629
federal financial participation, grant agreements between the	43630
department and a federal agency, and executive orders issued by	43631
the governor;	43632

(b) Utilize a financial management system and other	43633
accountability mechanisms for the financial assistance that meet	43634
requirements the department establishes;	43635

(c) Monitor all private and government entities that receive	43636
a payment from the financial assistance to ensure that each entity	43637
uses the payment in accordance with requirements for the family	43638
services duties and take action to recover payments that are not	43639
used in accordance with the requirements for the family services	43640
duties;	43641

(d) Promptly reimburse the department the amount that	43642
represents the amount an agency is responsible for, pursuant to	43643
action the department takes under division (C) of section 5101.24	43644
of the Revised Code, of funds the department pays to any entity	43645
because of an adverse audit finding, adverse quality control	43646
finding, final disallowance of federal financial participation, or	43647
other sanction or penalty;	43648

(e) Take prompt corrective action, including paying amounts	43649
resulting from an adverse finding, sanction, or penalty, if the	43650
department, auditor of state, federal agency, or other entity	43651
authorized by federal or state law to determine compliance with	43652
requirements for a family services duty determines compliance has	43653
not been achieved.	43654

(B) The director shall adopt rules in accordance with section	43655
111.15 of the Revised Code as necessary to implement this section.	43656
The director shall adopt the rules as if they were internal	43657
management rules. Before adopting the rules, the director shall	43658
give the public an opportunity to review and comment on the	43659
proposed rules. The rules shall establish methodologies to be used	43660
to determine the amount of financial assistance to be awarded and	43661
may do any or all of the following:	43662

(1) Govern the establishment of funding allocations;

43663

(2) Specify allowable uses of financial assistance the	43664
department awards under this section;	43665

(3) Establish reporting, cash management, audit, and other	43666
requirements the director determines are necessary to provide	43667
accountability for the use of the financial assistance and	43668
determine compliance with requirements established by the	43669
department, a federal or state law, or any of the following that	43670
concern the family services duties for which the financial	43671
assistance is awarded: state plans for receipt of federal	43672
financial participation, grant agreements between the department	43673
and a federal entity, and executive orders issued by the governor.	43674

Sec. 5101.24. (A) As used in this section, "responsible	43675
~~entity~~county grantee" means ~~a board of county commissioners or a~~	43676
~~county family services agency,~~ whichever county grantee, as	43677
defined in section 5101.21 of the Revised Code, the director of	43678
job and family services determines is appropriate to take action	43679
against under division (C) of this section.	43680

(B) Regardless of whether a family services duty is performed	43681
by a county family services agency, private or government entity	43682
pursuant to a contract entered into under section 307.982 of the	43683
Revised Code or division (C)(2) of section 5153.16 of the Revised	43684
Code, or private or government provider of a family service duty,	43685
the department of job and family services may take action under	43686
division (C) of this section against the responsible ~~entity~~county	43687
grantee if the department determines any of the following are the	43688
case:	43689

(1) A requirement of a ~~fiscal~~grant agreement entered into	43690
under section 5101.21 of the Revised Code that includes a grant	43691
for the family services duty, including a requirement for ~~fiscal~~	43692
grant agreements established by rules adopted under that section,	43693
is not complied with;	43694

(2) A county family services agency fails to develop, submit	43695
to the department, or comply with a corrective action plan under	43696
division (B) of section 5101.221 of the Revised Code, or the	43697
department disapproves the agency's corrective action plan	43698
developed under division (B) of section 5101.221 of the Revised	43699
Code;	43700

(3) A requirement for the family services duty established by	43701
the department or any of the following is not complied with: a	43702
federal or state law, state plan for receipt of federal financial	43703
participation, grant agreement between the department and a	43704
federal agency, or executive order issued by the governor;	43705

(4) The responsible ~~entity~~county grantee is solely or	43706
partially responsible, as determined by the director of job and	43707
family services, for an adverse audit finding, adverse quality	43708
control finding, final disallowance of federal financial	43709
participation, or other sanction or penalty regarding the family	43710
services duty.	43711

(C) The department may take one or more of the following	43712
actions against the responsible ~~entity~~county grantee when	43713
authorized by division (B)(1), (2), (3), or (4) of this section:	43714

(1) Require the responsible ~~entity~~county grantee to comply	43715
with a corrective action plan pursuant to a time schedule	43716
specified by the department. The corrective action plan shall be	43717
established or approved by the department and shall not require a	43718
county ~~family services agency~~grantee to commit resources to the	43719
plan.	43720

(2) Require the responsible ~~entity~~county grantee to comply	43721
with a corrective action plan pursuant to a time schedule	43722
specified by the department. The corrective action plan shall be	43723
established or approved by the department and require a county	43724
~~family services agency~~grantee to commit to the plan existing	43725
resources identified by the agency.	43726

(3) Require the responsible ~~entity~~county grantee to do one	43727
of the following:	43728

(a) Share with the department a final disallowance of federal	43729
financial participation or other sanction or penalty;	43730

(b) Reimburse the department the final amount the department	43731
pays to the federal government or another entity that represents	43732
the amount the responsible ~~entity~~county grantee is responsible	43733
for of an adverse audit finding, adverse quality control finding,	43734
final disallowance of federal financial participation, or other	43735
sanction or penalty issued by the federal government, auditor of	43736
state, or other entity;	43737

(c) Pay the federal government or another entity the final	43738
amount that represents the amount the responsible ~~entity~~county	43739
grantee is responsible for of an adverse audit finding, adverse	43740
quality control finding, final disallowance of federal financial	43741
participation, or other sanction or penalty issued by the federal	43742
government, auditor of state, or other entity;	43743

(d) Pay the department the final amount that represents the	43744
amount the responsible ~~entity~~county grantee is responsible for of	43745
an adverse audit finding or adverse quality control finding.	43746

(4) Impose an administrative sanction issued by the	43747
department against the responsible ~~entity~~county grantee. A	43748
sanction may be increased if the department has previously taken	43749
action against the responsible entity under this division.	43750

(5) Perform, or contract with a government or private entity	43751
for the entity to perform, the family services duty until the	43752
department is satisfied that the responsible ~~entity~~county grantee	43753
ensures that the duty will be performed satisfactorily. If the	43754
department performs or contracts with an entity to perform a	43755
family services duty under division (C)(5) of this section, the	43756
department may do either or both of the following:	43757

(a) Spend funds in the county treasury appropriated by the	43758
board of county commissioners for the duty;	43759

(b) Withhold funds allocated or reimbursements due to the	43760
responsible ~~entity~~county grantee for the duty and spend the funds	43761
for the duty.	43762

(6) Request that the attorney general bring mandamus	43763
proceedings to compel the responsible ~~entity~~county grantee to	43764
take or cease the action that causes division (B)(1), (2), (3), or	43765
(4) of this section to apply. The attorney general shall bring	43766
mandamus proceedings in the Franklin county court of appeals at	43767
the department's request.	43768

(7) If the department takes action under this division	43769
because of division (B)(3) of this section, temporarily withhold	43770
funds allocated or reimbursement due to the responsible ~~entity~~	43771
county grantee until the department determines that the	43772
responsible ~~entity~~county grantee is in compliance with the	43773
requirement. The department shall release the funds when the	43774
department determines that compliance has been achieved.	43775

(D) If the department proposes to take action against the	43776
responsible ~~entity~~county grantee under division (C) of this	43777
section, the department shall notify the responsible ~~entity~~county	43778
grantee, director of the appropriate county family services	43779
agency, and county auditor. The notice shall be in writing and	43780
specify the action the department proposes to take. The department	43781
shall send the notice by regular United States mail.	43782

Except as provided by division (E) of this section, the	43783
responsible ~~entity~~county grantee may request an administrative	43784
review of a proposed action in accordance with administrative	43785
review procedures the department shall establish. The	43786
administrative review procedures shall comply with all of the	43787
following:	43788

(1) A request for an administrative review shall state	43789
specifically all of the following:	43790

(a) The proposed action specified in the notice from the	43791
department for which the review is requested;	43792

(b) The reason why the responsible ~~entity~~county grantee	43793
believes the proposed action is inappropriate;	43794

(c) All facts and legal arguments that the responsible ~~entity~~	43795
county grantee wants the department to consider;	43796

(d) The name of the person who will serve as the responsible	43797
~~entity's~~county grantee's representative in the review.	43798

(2) If the department's notice specifies more than one	43799
proposed action and the responsible ~~entity~~county grantee does not	43800
specify all of the proposed actions in its request pursuant to	43801
division (D)(1)(a) of this section, the proposed actions not	43802
specified in the request shall not be subject to administrative	43803
review and the parts of the notice regarding those proposed	43804
actions shall be final and binding on the responsible ~~entity~~	43805
county grantee.	43806

(3) In the case of a proposed action under division (C)(1) of	43807
this section, the responsible ~~entity~~county grantee shall have	43808
fifteen calendar days after the department mails the notice to the	43809
responsible ~~entity~~county grantee to send a written request to the	43810
department for an administrative review. If it receives such a	43811
request within the required time, the department shall postpone	43812
taking action under division (C)(1) of this section for fifteen	43813
calendar days following the day it receives the request or	43814
extended period of time provided for in division (D)(5) of this	43815
section to allow a representative of the department and a	43816
representative of the responsible ~~entity~~county grantee an	43817
informal opportunity to resolve any dispute during that	43818
fifteen-day or extended period.	43819

(4) In the case of a proposed action under division (C)(2),	43820
(3), (4), (5), or (7) of this section, the responsible ~~entity~~	43821
county grantee shall have thirty calendar days after the	43822
department mails the notice to the responsible ~~entity~~county	43823
grantee to send a written request to the department for an	43824
administrative review. If it receives such a request within the	43825
required time, the department shall postpone taking action under	43826
division (C)(2), (3), (4), (5), or (7) of this section for thirty	43827
calendar days following the day it receives the request or	43828
extended period of time provided for in division (D)(5) of this	43829
section to allow a representative of the department and a	43830
representative of the responsible ~~entity~~county grantee an	43831
informal opportunity to resolve any dispute during that thirty-day	43832
or extended period.	43833

(5) If the informal opportunity provided in division (D)(3)	43834
or (4) of this section does not result in a written resolution to	43835
the dispute within the fifteen- or thirty-day period, the director	43836
of job and family services and representative of the responsible	43837
~~entity~~county grantee may enter into a written agreement extending	43838
the time period for attempting an informal resolution of the	43839
dispute under division (D)(3) or (4) of this section.	43840

(6) In the case of a proposed action under division (C)(3) of	43841
this section, the responsible ~~entity~~county grantee may not	43842
include in its request disputes over a finding, final disallowance	43843
of federal financial participation, or other sanction or penalty	43844
issued by the federal government, auditor of state, or entity	43845
other than the department.	43846

(7) If the responsible ~~entity~~county grantee fails to request	43847
an administrative review within the required time, the responsible	43848
~~entity~~county grantee loses the right to request an administrative	43849
review of the proposed actions specified in the notice and the	43850
notice becomes final and binding on the responsible ~~entity~~county	43851
grantee.	43852

(8) If the informal opportunity provided in division (D)(3)	43853
or (4) of this section does not result in a written resolution to	43854
the dispute within the time provided by division (D)(3), (4), or	43855
(5) of this section, the director shall appoint an administrative	43856
review panel to conduct the administrative review. The review	43857
panel shall consist of department employees and one director or	43858
other representative of the type of county family services agency	43859
that is responsible for the kind of family services duty that is	43860
the subject of the dispute and serves a different county than the	43861
county served by the responsible ~~entity~~county grantee. No	43862
individual involved in the department's proposal to take action	43863
against the responsible ~~entity~~county grantee may serve on the	43864
review panel. The review panel shall review the responsible	43865
~~entity's~~county grantee's request. The review panel may require	43866
that the department or responsible ~~entity~~county grantee submit	43867
additional information and schedule and conduct an informal	43868
hearing to obtain testimony or additional evidence. A review of a	43869
proposal to take action under division (C)(3) of this section	43870
shall be limited solely to the issue of the amount the responsible	43871
~~entity~~county grantee shall share with the department, reimburse	43872
the department, or pay to the federal government, department, or	43873
other entity under division (C)(3) of this section. The review	43874
panel is not required to make a stenographic record of its hearing	43875
or other proceedings.	43876

(9) After finishing an administrative review, an	43877
administrative review panel appointed under division (D)(8) of	43878
this section shall submit a written report to the director setting	43879
forth its findings of fact, conclusions of law, and	43880
recommendations for action. The director may approve, modify, or	43881
disapprove the recommendations. If the director modifies or	43882
disapproves the recommendations, the director shall state the	43883
reasons for the modification or disapproval and the actions to be	43884
taken against the responsible ~~entity~~county grantee.	43885

(10) The director's approval, modification, or disapproval	43886
under division (D)(9) of this section shall be final and binding	43887
on the responsible ~~entity~~county grantee and shall not be subject	43888
to further departmental review.	43889

(E) The responsible ~~entity~~county grantee is not entitled to	43890
an administrative review under division (D) of this section for	43891
any of the following:	43892

(1) An action taken under division (C)(6) of this section;

43893

(2) An action taken under section 5101.242 of the Revised	43894
Code;	43895

(3) An action taken under division (C)(3) of this section if	43896
the federal government, auditor of state, or entity other than the	43897
department has identified the responsible county ~~family services~~	43898
~~agency~~grantee as being solely or partially responsible for an	43899
adverse audit finding, adverse quality control finding, final	43900
disallowance of federal financial participation, or other sanction	43901
or penalty;	43902

(4) An adjustment to an allocation, cash draw, advance, or	43903
reimbursement to a responsible county ~~family services agency~~	43904
grantee that the department determines necessary for budgetary	43905
reasons;	43906

(5) Withholding of a cash draw or reimbursement due to	43907
noncompliance with a reporting requirement established in rules	43908
adopted under section 5101.243 of the Revised Code.	43909

(F) This section does not apply to other actions the	43910
department takes against the responsible ~~entity~~county grantee	43911
pursuant to authority granted by another state law unless the	43912
other state law requires the department to take the action in	43913
accordance with this section.	43914

(G) The director of job and family services may adopt rules	43915
in accordance with Chapter 119. of the Revised Code as necessary	43916
to implement this section.	43917

Sec. 5101.242. The department of job and family services may	43918
certify a claim to the attorney general under section 131.02 of	43919
the Revised Code for the attorney general to take action under	43920
that section against a responsible county grantee or responsible	43921
entity to recover any funds that the department determines the	43922
responsible county grantee or responsible entity owes the	43923
department for actions taken under division (C)(2), (3), (4), or	43924
(5) of section 5101.24 or 5101.241 of the Revised Code.	43925

Sec. 5101.244. If ~~a county family services agency submits an~~	43926
~~expenditure report to~~ the department of job and family services	43927
~~and the department subsequently~~ determines that a grant awarded to	43928
a county grantee in a grant agreement entered into under section	43929
5101.21 of the Revised Code, an allocation, advance, or	43930
reimbursement the department makes to ~~the~~a county family services	43931
agency, or a cash draw ~~the~~a county family services agency makes,	43932
~~for an expenditure~~ exceeds the allowable amount for the	43933
~~expenditure~~grant, allocation, advance, reimbursement, or cash	43934
draw, the department may adjust, offset, withhold, or reduce an	43935
allocation, cash draw, advance, reimbursement, or other financial	43936
assistance to the county grantee or county family services agency	43937
as necessary to recover the amount of the excess grant,	43938
allocation, advance, reimbursement, or cash draw. The department	43939
is not required to make the adjustment, offset, withholding, or	43940
reduction in accordance with section 5101.24 of the Revised Code.	43941

The director of job and family services may adopt rules under	43942
section 111.15 of the Revised Code as necessary to implement this	43943
section. The director shall adopt the rules as if they were	43944
internal management rules.	43945

Sec. 5101.27. (A) Except as permitted by this section,	43946
section 5101.272, 5101.28, or 5101.29 of the Revised Code, or the	43947
rules adopted under division (A) of section 5101.30 of the Revised	43948
Code, or required by federal law, no person or government entity	43949
shall solicit, disclose, receive, use, or knowingly permit, or	43950
participate in the use of any information regarding a public	43951
assistance recipient for any purpose not directly connected with	43952
the administration of a public assistance program.	43953

(B) To the extent permitted by federal law, the department of	43954
job and family services and county agencies shall do all of the	43955
following:	43956

(1) Release information regarding a public assistance	43957
recipient for purposes directly connected to the administration of	43958
the program to a government entity responsible for administering	43959
that public assistance program;	43960

(2) Provide information regarding a public assistance	43961
recipient to a law enforcement agency for the purpose of any	43962
investigation, prosecution, or criminal or civil proceeding	43963
relating to the administration of that public assistance program;	43964

(3) Provide, for purposes directly connected to the	43965
administration of a program that assists needy individuals with	43966
the costs of public utility services, information regarding a	43967
recipient of financial assistance provided under a program	43968
administered by the department or a county agency pursuant to	43969
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to	43970
5115.07 of the Revised Code to an entity administering the public	43971
utility services program.	43972

(C) To the extent permitted by federal law and section	43973
1347.08 of the Revised Code, the department and county agencies	43974
shall provide access to information regarding a public assistance	43975
recipient to all of the following:	43976

(1) The recipient;

43977

(2) The authorized representative;

43978

(3) The legal guardian of the recipient;

43979

(4) The attorney of the recipient, if the attorney has	43980
written authorization that complies with section 5101.271 of the	43981
Revised Code from the recipient.	43982

(D) To the extent permitted by federal law and subject to	43983
division (E) of this section, the department and county agencies	43984
may do both of the following:	43985

(1) Release information about a public assistance recipient	43986
if the recipient gives voluntary, written authorization that	43987
complies with section 5101.271 of the Revised Code;	43988

(2) Release information regarding a public assistance	43989
recipient to a state, federal, or federally assisted program that	43990
provides cash or in-kind assistance or services directly to	43991
individuals based on need or for the purpose of protecting	43992
children to a government entity responsible for administering a	43993
children's protective services program.	43994

(E) Except when the release is required by division (B), (C),	43995
or (D)(2) of this section, the department or county agency shall	43996
release the information only in accordance with the authorization.	43997
The department or county agency shall provide, at no cost, a copy	43998
of each written authorization to the individual who signed it.	43999

(F) The department or county agency may release information	44000
under division (D) of this section concerning the receipt of	44001
medical assistance provided under a public assistance program only	44002
if all of the following conditions are met:	44003

(1) The release of information is for purposes directly	44004
connected to the administration of or provision of medical	44005
assistance provided under a public assistance program;	44006

(2) The information is released to persons or government	44007
entities that are subject to standards of confidentiality and	44008
safeguarding information substantially comparable to those	44009
established for medical assistance provided under a public	44010
assistance program;	44011

(3) The department or county agency has obtained an	44012
authorization consistent with section 5101.271 of the Revised	44013
Code.	44014

(G) Information concerning the receipt of medical assistance	44015
provided under a public assistance program may be released only if	44016
the release complies with this section and rules adopted by the	44017
department pursuant to section 5101.30 of the Revised Code or, if	44018
more restrictive, the Health Insurance Portability and	44019
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,	44020
42 U.S.C. 1320d, et seq., as amended, and regulations adopted by	44021
the United States department of health and human services to	44022
implement the act.	44023

(H) The department of job and family services may adopt rules	44024
defining "authorized representative" for purposes of division	44025
(C)(2) of this section.	44026

Sec. 5101.272. Not later than August 31, 2007, the director	44027
of job and family services shall submit a report to the general	44028
assembly on the costs and potential three-year cost savings	44029
associated with participation in the federally-administered public	44030
assistance reporting information system. If cost savings are	44031
indicated in the report, not later than October 1, 2007, the	44032
department of job and family services shall enter into any	44033
necessary agreements with the United States department of health	44034
and human services and neighboring states to join and participate	44035
as an active member in the public assistance reporting information	44036
system. The department may disclose information regarding a public	44037
assistance recipient to the extent necessary to participate as an	44038
active member in the public assistance reporting information	44039
system.	44040

Sec. 5101.51. In accordance with federal law governing the	44041
children's health insurance program, the director of job and	44042
family services may submit a state child health plan to the United	44043
States secretary of health and human services to provide, except	44044
as provided in section 5101.516 of the Revised Code, health	44045
assistance to uninsured individuals under nineteen years of age	44046
with family incomes above one hundred fifty per cent of the	44047
federal poverty guidelines but not exceeding ~~two~~three hundred per	44048
cent of the federal poverty guidelines. If the director submits	44049
the plan, the director shall include ~~both~~all of the following in	44050
the plan and any subsequent amendments to the plan:	44051

(A) ~~The~~For individuals with family incomes above one hundred	44052
fifty per cent but not exceeding two hundred per cent of the	44053
federal poverty guidelines, the health assistance will not begin	44054
before January 1, 2000.	44055

(B) For individuals with family incomes above two hundred per	44056
cent but not exceeding three hundred per cent of the federal	44057
poverty guidelines, the health assistance will not begin before	44058
January 1, 2008.	44059

(C) The health assistance will be available only while	44060
federal financial participation is available for it.	44061

Sec. 5101.541. The food stamp program fund is hereby created	44062
in the state treasury. The fund shall consist of federal	44063
reimbursement for food stamp program administrative expenses and	44064
other food stamp program expenses. The department of job and	44065
family services shall use the money credited to the fund to pay	44066
for food stamp program administrative expenses and other food	44067
stamp program expenses.	44068

Sec. 5101.571. As used in sections 5101.571 to ~~5101.59~~	44069
5101.591 of the Revised Code:	44070

(A) "Information" means all of the following:

44071

(1) An individual's name, address, date of birth, and social	44072
security number;	44073

(2) The group or plan number, or other identifier, assigned	44074
by a third party to a policy held by an individual or a plan in	44075
which the individual participates and the nature of the coverage;	44076

(3) Any other data the director of job and family services	44077
specifies in rules adopted under section 5101.591 of the Revised	44078
Code.	44079

(B) "Medical assistance" means medical items or services	44080
provided under any of the following:	44081

(1) Medicaid, as defined in section 5111.01 of the Revised	44082
Code;	44083

(2) The children's health insurance program part I and part	44084
II established under sections 5101.50 to 5101.5110 of the Revised	44085
Code;	44086

(3) The disability medical assistance program established	44087
under Chapter 5115. of the Revised Code.	44088

(C) "Medical support" means support specified as support for	44089
the purpose of medical care by order of a court or administrative	44090
agency.	44091

~~(B) "Third party"~~(D) "Public assistance" means medical	44092
assistance or assistance under the Ohio works first program	44093
established under Chapter 5107. of the Revised Code.	44094

(E)(1) Subject to division (E)(2) of this section, and except	44095
as provided in division (E)(3) of this section, "third party"	44096
means ~~any health insurer as defined in section 3924.41 of the~~	44097
~~Revised Code, individual, entity, or public or private program,~~	44098
~~that is or may be liable to pay all or part of the medical cost of~~	44099
~~injury, disease, or disability of an applicant or recipient.~~	44100
~~"Third party" includes any such insurer, individual, entity, or~~	44101
~~program that would have been obligated to pay for the service,~~	44102
~~even when such third party limits or excludes payments in the case~~	44103
~~of an individual who is eligible for medicaid.~~all of the	44104
following:	44105

(a) A person authorized to engage in the business of sickness	44106
and accident insurance under Title XXXIX of the Revised Code;	44107

(b) A person or governmental entity providing coverage for	44108
medical services or items to individuals on a self-insurance	44109
basis;	44110

(c) A health insuring corporation as defined in section	44111
1751.01 of the Revised Code;	44112

(d) A group health plan as defined in 29 U.S.C. 1167;

44113

(e) A service benefit plan as referenced in 42 U.S.C.	44114
1396a(a)(25);	44115

(f) A managed care organization;

44116

(g) A pharmacy benefit manager;

44117

(h) A third party administrator;

44118

(i) Any other person or governmental entity that is, by law,	44119
contract, or agreement, responsible for the payment or processing	44120
of a claim for a medical item or service for a public assistance	44121
recipient or participant.	44122

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	44123
person or governmental entity listed in division (E)(1) of this	44124
section is a third party even if the person or governmental entity	44125
limits or excludes payments for a medical item or service in the	44126
case of a public assistance recipient.	44127

(3) "Third party" does not include the program for medically	44128
handicapped children established under section 3701.023 of the	44129
Revised Code.	44130

Sec. 5101.572. ~~Upon the request of the department of job and~~	44131
~~family services, any~~(A) A third party ~~as defined in section~~	44132
~~5101.571 of the Revised Code~~ shall cooperate with the department	44133
of job and family services in identifying individuals for the	44134
purpose of establishing third party liability pursuant to Title	44135
XIX of the Social Security Act, as amended. ~~The~~	44136

(B) In furtherance of the requirement in division (A) of this	44137
section and to allow the department to determine any period that	44138
the individual or the individual's spouse or dependent may have	44139
been covered by the third party and the nature of the coverage, a	44140
third party shall provide, as the department so chooses,	44141
information or access to information, or both, in the third	44142
party's electronic data system on the department's request and in	44143
accordance with division (C) of this section.	44144

(C)(1) If the department chooses to receive information	44145
directly, the third party shall provide the information under all	44146
of the following circumstances:	44147

(a) In a medium, format, and manner prescribed by the	44148
director of job and family services in rules adopted under section	44149
5101.591 of the Revised Code;	44150

(b) Free of charge;

44151

(c) Not later than the end of the thirtieth day after the	44152
department makes its request, unless a different time is agreed to	44153
by the director in writing.	44154

(2) If the department chooses to receive access to	44155
information, the third party shall provide access by a method	44156
prescribed by the director of job and family services in rules	44157
adopted under section 5101.591 of the Revised Code. In	44158
facilitating access, the department may enter into a trading	44159
partner agreement with the third party to permit the exchange of	44160
information via "ASC X 12N 270/271 Health Care Eligibility Benefit	44161
Inquiry and Response" transactions.	44162

(D) All of the following apply with respect to information	44163
provided by a third party to the department under this section:	44164

(1) The information is confidential and not a public record	44165
under section 149.43 of the Revised Code.	44166

(2) The release of information to the department is not to be	44167
considered a violation of any right of confidentiality or contract	44168
that the third party may have with covered persons including, but	44169
not limited to, contractees, beneficiaries, heirs, assignees, and	44170
subscribers.	44171

(3) The third party is immune from any liability that it may	44172
otherwise incur through its release of information to the	44173
department.	44174

The department of job and family services shall limit its use	44175
of information gained from third parties to purposes directly	44176
connected with the administration of the medicaid program. No	44177

(E) No third party shall disclose to other parties or make	44178
use of any information regarding recipients of aid under Chapter	44179
5107. or 5111. of the Revised Code that it obtains from the	44180
department ~~of job and family services~~, except in the manner	44181
provided for by the director of job and family services in	44182
administrative rules. ~~Any information provided by a third party to~~	44183
~~the department of job and family services shall not be considered~~	44184
~~a violation of any right of confidentiality or contract that the~~	44185
~~third party may have with covered persons including, but not~~	44186
~~limited to, contractees, beneficiaries, heirs, assignees, and~~	44187
~~subscribers. The third party is immune from any liability that it~~	44188
~~may otherwise incur through its release of information to the~~	44189
~~department of job and family services.~~	44190

Sec. 5101.573. (A) Subject to division (B) of this section, a	44191
third party shall do all of the following:	44192

(1) Accept the department of job and family services' right	44193
of recovery under section 5101.58 of the Revised Code and the	44194
assignment of rights to the department that are described in	44195
section 5101.59 of the Revised Code.	44196

(2) Respond to an inquiry by the department regarding a claim	44197
for payment of a medical item or service that was submitted to the	44198
third party not later than three years after the date of the	44199
provision of such medical item or service;	44200

(3) Pay a claim described in division (A)(2) of this section;

44201

(4) Not deny a claim submitted by the department solely on	44202
the basis of the date of submission of the claim, type or format	44203
of the claim form, or a failure by the medical assistance	44204
recipient who is the subject of the claim to present proper	44205
documentation of coverage at the time of service, if both of the	44206
following are true:	44207

(a) The claim was submitted by the department not later than	44208
three years after the date of the provision of the medical item or	44209
service;	44210

(b) An action by the department to enforce its right of	44211
recovery under section 5101.58 of the Revised Code on the claim	44212
was commenced not later than six years after the department's	44213
submission of the claim.	44214

(B) For purposes of the requirements in division (A) of this	44215
section, a third party shall treat a managed care organization as	44216
the department for a claim in which both of the following are	44217
true:	44218

(1) The individual who is the subject of the claim received a	44219
medical item or service through a managed care organization that	44220
has entered into a contract with the department of job and family	44221
services under section 5111.16 of the Revised Code;	44222

(2) The department has assigned its right of recovery for the	44223
claim to the managed care organization.	44224

Sec. 5101.574. No third party shall consider whether an	44225
individual is eligible for or receives medical assistance when	44226
either of the following applies:	44227

(A) The individual seeks to obtain a policy or enroll in a	44228
plan or program operated or administered by the third party;	44229

(B) The individual, or a person or governmental entity on the	44230
individual's behalf, seeks payment for a medical item or service	44231
provided to the individual.	44232

Sec. 5101.575. (A) If a third party violates section	44233
5101.572, 5101.573, or 5101.574 of the Revised Code, a	44234
governmental entity that is responsible for issuing a license,	44235
certificate of authority, registration, or approval that	44236
authorizes the third party to do business in this state may impose	44237
a fine against the third party or deny, revoke, or terminate the	44238
third party's license, certificate, registration, or approval to	44239
do business in this state. The governmental entity shall determine	44240
which sanction is to be imposed. All actions to impose the	44241
sanction shall be taken in accordance with Chapter 119. of the	44242
Revised Code.	44243

(B) In addition to the sanctions that may be imposed under	44244
division (A) of this section for a violation of section 5101.572,	44245
5101.573, or 5101.574 of the Revised Code, the attorney general	44246
may petition a court of common pleas to enjoin the violation.	44247

Sec. 5101.58. ~~As used in this section and section 5101.59 of~~	44248
~~the Revised Code, "public assistance" means aid provided under~~	44249
~~Chapter 5111. or 5115. of the Revised Code and participation in~~	44250
~~the Ohio works first program established under Chapter 5107. of~~	44251
~~the Revised Code.~~	44252

(A) The acceptance of public assistance gives aan automatic	44253
right of recovery to the department of job and family services and	44254
a county department of job and family services against the	44255
liability of a third party for the cost of medical ~~services and~~	44256
~~care arising out of injury, disease, or disability~~assistance paid	44257
on behalf of the public assistance recipient or participant. When	44258
an action or claim is brought against a third party by a public	44259
assistance recipient or participant, ~~the entire amount of~~ any	44260
payment, settlement or compromise of the action or claim, or any	44261
court award or judgment, is subject to the recovery right of the	44262
department of job and family services or county department of job	44263
and family services. Except in the case of a recipient or	44264
participant who receives medical ~~services or care~~assistance	44265
through a managed care organization, the department's or county	44266
department's claim shall not exceed the amount of medical ~~expenses~~	44267
assistance paid by ~~the departments~~a department on behalf of the	44268
recipient or participant. InA payment, settlement, compromise,	44269
judgment, or award that excludes the cost of medical assistance	44270
paid for by a department shall not preclude a department from	44271
enforcing its rights under this section.	44272

(B) In the case of a recipient or participant who receives	44273
medical ~~services or care~~assistance through a managed care	44274
organization, the amount of the department's or county	44275
department's claim shall be the amount the managed care	44276
organization pays for medical ~~services or care~~assistance rendered	44277
to the recipient or participant, even if that amount is more than	44278
the amount ~~the departments pay~~a department pays to the managed	44279
care organization for the recipient's or participant's medical	44280
~~services or care. Any settlement, compromise, judgment, or award~~	44281
~~that excludes the cost of medical services or care shall not~~	44282
~~preclude the departments from enforcing their rights under this~~	44283
~~section~~assistance.	44284

~~Prior to initiating any~~(C) A recipient or participant, and	44285
the recipient's or participant's attorney, if any, shall cooperate	44286
with the departments. In furtherance of this requirement, the	44287
recipient or participant, or the recipient's or participant's	44288
attorney, if any, shall, not later than thirty days after	44289
initiating informal recovery activity or filing a legal recovery	44290
action~~, the recipient or participant, or the recipient's or~~	44291
~~participant's representative, shall disclose~~against a third	44292
party, provide written notice of the activity or action to the	44293
appropriate department or departments as follows:	44294

(1) To only the department of job and family services when	44295
medical assistance under medicaid has been paid;	44296

(2) To the department of job and family services and the	44297
appropriate county department of job and family services when	44298
medical assistance under the disability medical assistance program	44299
has been paid.	44300

(D) The written notice that must be given under division (C)	44301
of this section shall disclose the identity and address of any	44302
third party against whom the recipient or participant has or may	44303
have a right of recovery. ~~Disclosure shall be made to the~~	44304
~~department of job and family services when medical expenses have~~	44305
~~been paid pursuant to Chapter 5111. or 5115. of the Revised Code.~~	44306
~~Disclosure shall be made to both the department of job and family~~	44307
~~services and the appropriate county department of job and family~~	44308
~~services when medical expenses have been paid pursuant to Chapter~~	44309
~~5115. of the Revised Code. No~~	44310

(E) No settlement, compromise, judgment, or award or any	44311
recovery in any action or claim by a recipient or participant	44312
where the departments have a right of recovery shall be made final	44313
without first giving the appropriate departments written notice as	44314
described in division (C) of this section and a reasonable	44315
opportunity to perfect their rights of recovery. If the	44316
departments are not given the appropriate written notice, the	44317
recipient or participant isand, if there is one, the recipient's	44318
or participant's attorney, are liable to reimburse the departments	44319
for the recovery received to the extent of medical payments made	44320
by the departments. ~~The~~	44321

(F) The departments shall be permitted to enforce their	44322
recovery rights against the third party even though they accepted	44323
prior payments in discharge of their rights under this section if,	44324
at the time the departments received such payments, they were not	44325
aware that additional medical expenses had been incurred but had	44326
not yet been paid by the departments. The third party becomes	44327
liable to the department of job and family services or county	44328
department of job and family services as soon as the third party	44329
is notified in writing of the valid claims for recovery under this	44330
section.	44331

~~The~~(G)(1) Subject to division (G)(2) of this section, the	44332
right of recovery of a department does not apply to that portion	44333
of any judgment, award, settlement, or compromise of a claim, to	44334
the extent of attorneys' fees, costs, or other expenses incurred	44335
by a recipient or participant in securing the judgment, award,	44336
settlement, or compromise, or to the extent of medical, surgical,	44337
and hospital expenses paid by such recipient or participant from	44338
the recipient's or participant's own resources. ~~Attorney fees and~~	44339
~~costs or other expenses in securing any recovery shall not be~~	44340
~~assessed against any claims of the departments.~~	44341

To(2) Reasonable attorneys' fees, not to exceed one-third of	44342
the total judgment, award, settlement, or compromise, plus costs	44343
and other expenses incurred by the recipient or participant in	44344
securing the judgment, award, settlement, or compromise, shall	44345
first be deducted from the total judgment, award, settlement, or	44346
compromise. After fees, costs, and other expenses are deducted	44347
from the total judgment, award, settlement, or compromise, the	44348
department of job and family services or appropriate county	44349
department of job and family services shall receive no less than	44350
one-half of the remaining amount, or the actual amount of medical	44351
assistance paid, whichever is less.	44352

(H) A right of recovery created by this section may be	44353
enforced separately or jointly by the department of job and family	44354
services or the appropriate county department of job and family	44355
services. To enforce their recovery rights, the departments may do	44356
any of the following:	44357

~~(A)~~(1) Intervene or join in any action or proceeding brought	44358
by the recipient or participant or on the recipient's or	44359
participant's behalf against any third party who may be liable for	44360
the cost of medical ~~services and care arising out of the~~	44361
~~recipient's or participant's injury, disease, or disability~~	44362
assistance paid;	44363

~~(B)~~(2) Institute and pursue legal proceedings against any	44364
third party who may be liable for the cost of medical ~~services and~~	44365
~~care arising out of the recipient's or participant's injury,~~	44366
~~disease, or disability~~assistance paid;	44367

~~(C)~~(3) Initiate legal proceedings in conjunction with ~~the~~any	44368
injured, diseased, or disabled recipient or participant or the	44369
recipient's or participant's ~~legal~~attorney or representative.	44370

~~Recovery rights created by this section may be enforced~~	44371
~~separately or jointly by the department of job and family services~~	44372
~~and the county department of job and family services.~~	44373

(I) A recipient or participant shall not assess attorney	44374
fees, costs, or other expenses against the department of job and	44375
family services or a county department of job and family services	44376
when the department or county department enforces its right of	44377
recovery created by this section.	44378

(J) The right of recovery given to the department under this	44379
section does not include rights to support from any other person	44380
assigned to the state under sections 5107.20 and 5115.07 of the	44381
Revised Code, but includes payments made by a third party under	44382
contract with a person having a duty to support.	44383

~~The director of job and family services may adopt rules in~~	44384
~~accordance with Chapter 119. of the Revised Code the department~~	44385
~~considers necessary to implement this section.~~	44386

Sec. 5101.59. (A) The application for, or acceptance of,	44387
public assistance constitutes an automatic assignment of certain	44388
rights to the department of job and family services. This	44389
assignment includes the rights of the applicant, recipient, or	44390
participant and also the rights of any other member of the	44391
assistance group for whom the applicant, recipient, or participant	44392
can legally make an assignment.	44393

(B) Pursuant to this section, the applicant, recipient, or	44394
participant assigns to the department any rights to medical	44395
support available to the applicant, recipient, or participant or	44396
for other members of the assistance group under an order of a	44397
court or administrative agency, and any rights to payments ~~from~~	44398
~~any~~by a liable third party ~~liable to pay~~ for the cost of medical	44399
~~care and services arising out of injury, disease, or disability of~~	44400
~~the applicant, recipient, participant, or other members of the~~	44401
~~assistance group~~assistance paid on behalf of a public assistance	44402
recipient or participant. The recipient or participant shall	44403
cooperate with the department in obtaining such payments.	44404

Medicare benefits shall not be assigned pursuant to this	44405
section. Benefits assigned to the department by operation of this	44406
section are directly reimbursable to the department by liable	44407
third parties.	44408

~~(B)~~(C) Refusal by the applicant, recipient, or participant to	44409
cooperate in obtaining medical ~~support and payments~~assistance	44410
paid for self or any other member of the assistance group renders	44411
the applicant, recipient, or participant ineligible for public	44412
assistance, unless cooperation is waived by the department.	44413
Eligibility shall continue for any individual who cannot legally	44414
assign the individual's own rights and who would have been	44415
eligible for public assistance but for the refusal to assign the	44416
individual's rights or to cooperate as required by this section by	44417
another person legally able to assign the individual's rights.	44418

(D) If the applicant, recipient, or participant or any member	44419
of the assistance group becomes ineligible for public assistance,	44420
the department shall restore to the applicant, recipient,	44421
participant, or member of the assistance group any future rights	44422
to benefits assigned under this section.	44423

(E) The rights of assignment given to the department under	44424
this section do not include rights to support assigned under	44425
section 5107.20 or 5115.07 of the Revised Code.	44426

~~(C) The director of job and family services may adopt rules~~	44427
~~in accordance with Chapter 119. of the Revised Code to implement~~	44428
~~this section, including rules that specify what constitutes~~	44429
~~cooperating with efforts to obtain medical support and payments~~	44430
~~and when the cooperation requirement may be waived.~~	44431

Sec. 5101.591. (A) Except as provided in division (B) of this	44432
section, the director of job and family services may adopt rules	44433
in accordance with Chapter 119. of the Revised Code to implement	44434
sections 5101.571 to 5101.59 of the Revised Code, including rules	44435
that specify what constitutes cooperating with efforts to obtain	44436
support or payments, or medical assistance payments, and when	44437
cooperation may be waived.	44438

(B) The department shall adopt rules in accordance with	44439
Chapter 119. of the Revised Code to do all of the following:	44440

(1) For purposes of the definition of "information" in	44441
division (A) of section 5101.571 of the Revised Code, any data	44442
other than the data specified in that division that should be	44443
included in the definition.	44444

(2) For purposes of division (C)(1)(a) of section 5101.572 of	44445
the Revised Code, the medium, format, and manner in which a third	44446
party must provide information to the department.	44447

(3) For purposes of division (C)(2) of section 5101.572 of	44448
the Revised Code, the method by which a third party must provide	44449
the department with access to information.	44450

Sec. 5101.802. (A) As used in this section:

44451

(1) "Custodian," "guardian," and "minor child" have the same	44452
meanings as in section 5107.02 of the Revised Code.	44453

(2) "Federal poverty guidelines" has the same meaning as in	44454
section 5101.46 of the Revised Code.	44455

(3) "Kinship caregiver" has the same meaning as in section	44456
5101.85 of the Revised Code.	44457

(B) Subject to division (E) of section 5101.801 of the	44458
Revised Code, there is hereby created the kinship permanency	44459
incentive program to promote permanency for a minor child in the	44460
legal and physical custody of a kinship caregiver. The program	44461
shall provide an initial one-time incentive payment to the kinship	44462
caregiver to defray the costs of initial placement of the minor	44463
child in the kinship caregiver's home. The program may provide	44464
additional permanency incentive payments for the minor child at	44465
six month intervals for a total period not to exceed thirty-six	44466
months.	44467

(C) A kinship caregiver may participate in the program if all	44468
of the following requirements are met:	44469

(1) The kinship caregiver applies to a public children	44470
services agency in accordance with the application process	44471
established in rules authorized by division (E) of this section;	44472

(2) ~~The minor child the kinship caregiver is caring for is a~~	44473
~~child with special needs as that term is defined in rules adopted~~	44474
~~under section 5153.163 of the Revised Code;~~	44475

~~(3) A~~Not earlier than July 1, 2005, a juvenile court ~~has~~	44476
~~adjudicated the minor child to be an abused, neglected, dependent,~~	44477
~~or unruly child and determined that it is in the child's best~~	44478
~~interest to be in the~~issues an order granting legal custody ofto	44479
the kinship caregiver, or ~~the~~a probate court ~~has determined that~~	44480
~~it is in the child's best interest to be in the guadianship of~~	44481
grants guardianship to the kinship caregiver, except that a	44482
temporary court order is not sufficient to meet this requirement;	44483

~~(4)~~(3) The kinship caregiver is either the minor child's	44484
custodian or guardian;	44485

~~(5)~~(4) The minor child resides with the kinship caregiver	44486
pursuant to a placement approval process established in rules	44487
authorized by division (E) of this section;	44488

~~(6) The~~(5) Excluding any income excluded under rules adopted	44489
under division (E) of this section, the gross income of the	44490
kinship caregiver's family, including the minor child, does not	44491
exceed ~~two~~three hundred per cent of the federal poverty	44492
guidelines.	44493

(D) Public children services agencies shall make initial and	44494
ongoing eligibility determinations for the kinship permanency	44495
incentive program in accordance with rules authorized by division	44496
(E) of this section. The director of job and family services shall	44497
supervise public children services agencies' duties under this	44498
section.	44499

(E) The director of job and family services shall adopt rules	44500
under division (C) of section 5101.801 of the Revised Code as	44501
necessary to implement the kinship permanency incentive program.	44502
The rules shall establish all of the following:	44503

(1) The application process for the program;

44504

(2) The placement approval process through which a minor	44505
child is placed with a kinship caregiver for the kinship caregiver	44506
to be eligible for the program;	44507

(3) The initial and ongoing eligibility determination process	44508
for the program, including the computation of income eligibility;	44509

(4) The amount of the incentive payments provided under the	44510
program;	44511

(5) The method by which the incentive payments are provided	44512
to a kinship caregiver;.	44513

~~(6) Anything else the director considers necessary to~~	44514
~~implement the program.~~	44515

(F) ~~The director shall begin implementation of the kinship~~	44516
~~permanency incentive program no later than January 1, 2006.~~The	44517
amendments made to this section by Am. Sub. H.B. 119 of the 127th	44518
general assembly shall not affect the eligibility of any kinship	44519
caregiver whose eligibility was established before the effective	44520
date of the amendments.	44521

Sec. 5101.98. (A) There is hereby created in the state	44522
treasury the military injury relief fund, which shall consist of	44523
money contributed to it under section 5747.113 of the Revised	44524
Code, of incentive grants authorized by the "Jobs for Veterans	44525
Act," 116 Stat. 2033 (2002), and of contributions made directly to	44526
it. Any person or entity may contribute directly to the fund in	44527
addition to or independently of the income tax refund contribution	44528
system established in section 5747.113 of the Revised Code.	44529

(B) Upon application, the director of job and family services	44530
shall grant money in the fund to individuals injured while in	44531
active service as a member of the armed forces of the United	44532
States ~~and~~ while serving under operation Iraqi freedom or	44533
operation enduring freedom and to individuals diagnosed with	44534
post-traumatic stress disorder while serving, or after having	44535
served, in operation Iraqi freedom or operation enduring freedom.	44536

(C) An individual who receives a grant under this section is	44537
~~not~~ precluded from receiving ~~one or more~~ additional grants under	44538
this section ~~and~~during the same state fiscal year but is not	44539
precluded from being considered for or receiving other assistance	44540
offered by the department of job and family services.	44541

(D) The director shall adopt rules under Chapter 119. of the	44542
Revised Code establishing:	44543

(1) Forms and procedures by which individuals may apply for a	44544
grant under this section;	44545

(2) Criteria for reviewing, evaluating, and ~~ranking~~approving	44546
or denying grant applications;	44547

(3) Criteria for determining the amount of grants awarded	44548
under this section; ~~and~~	44549

(4) Definitions and standards applicable to determining	44550
whether an individual meets the requirements established in	44551
division (B) of this section;	44552

(5) The process for appealing eligibility determinations; and

44553

(6) Any other rules necessary to administer the grant program	44554
established in this section.	44555

(E) An eligibility determination, a grant approval, or a	44556
grant denial made under this section may not be appealed under	44557
Chapter 119., section 5101.35, or any other provision of the	44558
Revised Code.	44559

Sec. 5104.04. (A) The department of job and family services	44560
shall establish procedures to be followed in investigating,	44561
inspecting, and licensing child day-care centers and type A family	44562
day-care homes.	44563

(B)(1)(a) The department shall, at least twice during every	44564
twelve-month period of operation of a center or type A home,	44565
inspect the center or type A home. The department shall inspect a	44566
part-time center or part-time type A home at least once during	44567
every twelve-month period of operation. The department shall	44568
provide a written inspection report to the licensee within a	44569
reasonable time after each inspection. The licensee shall display	44570
all written reports of inspections conducted during the current	44571
licensing period in a conspicuous place in the center or type A	44572
home.	44573

At least one inspection shall be unannounced and all	44574
inspections may be unannounced. No person, firm, organization,	44575
institution, or agency shall interfere with the inspection of a	44576
center or type A home by any state or local official engaged in	44577
performing duties required of the state or local official by	44578
Chapter 5104. of the Revised Code or rules adopted pursuant to	44579
Chapter 5104. of the Revised Code, including inspecting the center	44580
or type A home, reviewing records, or interviewing licensees,	44581
employees, children, or parents.	44582

(b) Upon receipt of any complaint that a center or type A	44583
home is out of compliance with the requirements of Chapter 5104.	44584
of the Revised Code or rules adopted pursuant to Chapter 5104. of	44585
the Revised Code, the department shall investigate the center or	44586
home, and both of the following apply:	44587

(i) If the complaint alleges that a child suffered physical	44588
harm while receiving child care at the center or home or that the	44589
noncompliance alleged in the complaint involved, resulted in, or	44590
poses a substantial risk of physical harm to a child receiving	44591
child care at the center or home, the department shall inspect the	44592
center or home.	44593

(ii) If division (B)(1)(b)(i) of this section does not apply	44594
regarding the complaint, the department may inspect the center or	44595
home.	44596

(c) Division (B)(1)(b) of this section does not limit,	44597
restrict, or negate any duty of the department to inspect a center	44598
or type A home that otherwise is imposed under this section, or	44599
any authority of the department to inspect a center or type A home	44600
that otherwise is granted under this section when the department	44601
believes the inspection is necessary and it is permitted under the	44602
grant.	44603

(2) If the department implements an instrument-based program	44604
monitoring information system, it may use an indicator checklist	44605
to comply with division (B)(1) of this section.	44606

(3) The department shall~~, at least once during every~~	44607
~~twelve-month period of operation of a center or type A home,~~	44608
contract with a third party by the first day of October in each	44609
even-numbered year to collect information concerning the amounts	44610
charged by the center or home for providing child care services	44611
for use in establishing reimbursement ceilings and payment	44612
pursuant to section 5104.30 of the Revised Code. The third party	44613
shall compile the information and report the results of the survey	44614
to the department not later than the first day of December in each	44615
even-numbered year.	44616

(C) In the event a licensed center or type A home is	44617
determined to be out of compliance with the requirements of	44618
Chapter 5104. of the Revised Code or rules adopted pursuant to	44619
Chapter 5104. of the Revised Code, the department shall notify the	44620
licensee of the center or type A home in writing regarding the	44621
nature of the violation, what must be done to correct the	44622
violation, and by what date the correction must be made. If the	44623
correction is not made by the date established by the department,	44624
the department may commence action under Chapter 119. of the	44625
Revised Code to revoke the license.	44626

(D) The department may deny or revoke a license, or refuse to	44627
renew a license of a center or type A home, if the applicant	44628
knowingly makes a false statement on the application, does not	44629
comply with the requirements of Chapter 5104. or rules adopted	44630
pursuant to Chapter 5104. of the Revised Code, or has pleaded	44631
guilty to or been convicted of an offense described in section	44632
5104.09 of the Revised Code.	44633

(E) If the department finds, after notice and hearing	44634
pursuant to Chapter 119. of the Revised Code, that any person,	44635
firm, organization, institution, or agency licensed under section	44636
5104.03 of the Revised Code is in violation of any provision of	44637
Chapter 5104. of the Revised Code or rules adopted pursuant to	44638
Chapter 5104. of the Revised Code, the department may issue an	44639
order of revocation to the center or type A home revoking the	44640
license previously issued by the department. Upon the issuance of	44641
any order of revocation, the person whose license is revoked may	44642
appeal in accordance with section 119.12 of the Revised Code.	44643

(F) The surrender of a center or type A home license to the	44644
department or the withdrawal of an application for licensure by	44645
the owner or administrator of the center or type A home shall not	44646
prohibit the department from instituting any of the actions set	44647
forth in this section.	44648

(G) Whenever the department receives a complaint, is advised,	44649
or otherwise has any reason to believe that a center or type A	44650
home is providing child care without a license issued or renewed	44651
pursuant to section 5104.03 and is not exempt from licensing	44652
pursuant to section 5104.02 of the Revised Code, the department	44653
shall investigate the center or type A home and may inspect the	44654
areas children have access to or areas necessary for the care of	44655
children in the center or type A home during suspected hours of	44656
operation to determine whether the center or type A home is	44657
subject to the requirements of Chapter 5104. or rules adopted	44658
pursuant to Chapter 5104. of the Revised Code.	44659

(H) The department, upon determining that the center or type	44660
A home is operating without a license, shall notify the attorney	44661
general, the prosecuting attorney of the county in which the	44662
center or type A home is located, or the city attorney, village	44663
solicitor, or other chief legal officer of the municipal	44664
corporation in which the center or type A home is located, that	44665
the center or type A home is operating without a license. Upon	44666
receipt of the notification, the attorney general, prosecuting	44667
attorney, city attorney, village solicitor, or other chief legal	44668
officer of a municipal corporation shall file a complaint in the	44669
court of common pleas of the county in which the center or type A	44670
home is located requesting that the court grant an order enjoining	44671
the owner from operating the center or type A home in violation of	44672
section 5104.02 of the Revised Code. The court shall grant such	44673
injunctive relief upon a showing that the respondent named in the	44674
complaint is operating a center or type A home and is doing so	44675
without a license.	44676

(I) The department shall prepare an annual report on	44677
inspections conducted under this section. The report shall include	44678
the number of inspections conducted, the number and types of	44679
violations found, and the steps taken to address the violations.	44680
The department shall file the report with the governor, the	44681
president and minority leader of the senate, and the speaker and	44682
minority leader of the house of representatives on or before the	44683
first day of January of each year, beginning in 1999.	44684

Sec. 5104.30. (A) The department of job and family services	44685
is hereby designated as the state agency responsible for	44686
administration and coordination of federal and state funding for	44687
publicly funded child care in this state. Publicly funded child	44688
care shall be provided to the following:	44689

(1) Recipients of transitional child care as provided under	44690
section 5104.34 of the Revised Code;	44691

(2) Participants in the Ohio works first program established	44692
under Chapter 5107. of the Revised Code;	44693

(3) Individuals who would be participating in the Ohio works	44694
first program if not for a sanction under section 5107.16 of the	44695
Revised Code and who continue to participate in a work activity,	44696
developmental activity, or alternative work activity pursuant to	44697
an assignment under section 5107.42 of the Revised Code;	44698

(4) A family receiving publicly funded child care on October	44699
1, 1997, until the family's income reaches one hundred fifty per	44700
cent of the federal poverty line;	44701

(5) Subject to available funds, other individuals determined	44702
eligible in accordance with rules adopted under section 5104.38 of	44703
the Revised Code.	44704

The department shall apply to the United States department of	44705
health and human services for authority to operate a coordinated	44706
program for publicly funded child care, if the director of job and	44707
family services determines that the application is necessary. For	44708
purposes of this section, the department of job and family	44709
services may enter into agreements with other state agencies that	44710
are involved in regulation or funding of child care. The	44711
department shall consider the special needs of migrant workers	44712
when it administers and coordinates publicly funded child care and	44713
shall develop appropriate procedures for accommodating the needs	44714
of migrant workers for publicly funded child care.	44715

(B) The department of job and family services shall	44716
distribute state and federal funds for publicly funded child care,	44717
including appropriations of state funds for publicly funded child	44718
care and appropriations of federal funds available under the child	44719
care block grant act, Title IV-A, and Title XX. The department may	44720
use any state funds appropriated for publicly funded child care as	44721
the state share required to match any federal funds appropriated	44722
for publicly funded child care.	44723

(C) In the use of federal funds available under the child	44724
care block grant act, all of the following apply:	44725

(1) The department may use the federal funds to hire staff to	44726
prepare any rules required under this chapter and to administer	44727
and coordinate federal and state funding for publicly funded child	44728
care.	44729

(2) Not more than five per cent of the aggregate amount of	44730
the federal funds received for a fiscal year may be expended for	44731
administrative costs.	44732

(3) The department shall allocate and use at least four per	44733
cent of the federal funds for the following:	44734

(a) Activities designed to provide comprehensive consumer	44735
education to parents and the public;	44736

(b) Activities that increase parental choice;

44737

(c) Activities, including child care resource and referral	44738
services, designed to improve the quality, and increase the	44739
supply, of child care;	44740

(d) Establishing a voluntary child day-care center	44741
quality-rating program in which participation in the program may	44742
allow a child day-care center to be eligible for grants, technical	44743
assistance, training, or other assistance and become eligible for	44744
unrestricted monetary awards for maintaining a quality rating.	44745

(4) The department shall ensure that the federal funds will	44746
be used only to supplement, and will not be used to supplant,	44747
federal, state, and local funds available on the effective date of	44748
the child care block grant act for publicly funded child care and	44749
related programs. A county department of job and family services	44750
may purchase child care from funds obtained through any other	44751
means.	44752

(D) The department shall encourage the development of	44753
suitable child care throughout the state, especially in areas with	44754
high concentrations of recipients of public assistance and	44755
families with low incomes. The department shall encourage the	44756
development of suitable child care designed to accommodate the	44757
special needs of migrant workers. On request, the department,	44758
through its employees or contracts with state or community child	44759
care resource and referral service organizations, shall provide	44760
consultation to groups and individuals interested in developing	44761
child care. The department of job and family services may enter	44762
into interagency agreements with the department of education, the	44763
board of regents, the department of development, and other state	44764
agencies and entities whenever the cooperative efforts of the	44765
other state agencies and entities are necessary for the department	44766
of job and family services to fulfill its duties and	44767
responsibilities under this chapter.	44768

The department shall develop and maintain a registry of	44769
persons providing child care. The director shall adopt rules	44770
pursuant to Chapter 119. of the Revised Code establishing	44771
procedures and requirements for the registry's administration.	44772

(E)(1) The director shall adopt rules in accordance with	44773
Chapter 119. of the Revised Code establishing both of the	44774
following:	44775

(a) Reimbursement ceilings for providers of publicly funded	44776
child care not later than the first day of July in each	44777
odd-numbered year;	44778

(b) A procedure for reimbursing and paying providers of	44779
publicly funded child care.	44780

(2) In establishing reimbursement ceilings under division	44781
(E)(1)(a) of this section, the director shall do all of the	44782
following:	44783

(a) Use the information obtained under division (B)(3) of	44784
section 5104.04 of the Revised Code;	44785

(b) Establish an enhanced reimbursement ceiling for providers	44786
who provide child care for caretaker parents who work	44787
nontraditional hours;	44788

(c) For a type B family day-care home provider that has	44789
received limited certification pursuant to rules adopted under	44790
division (G)(1) of section 5104.011 of the Revised Code, establish	44791
a reimbursement ceiling that is the following:	44792

(i) If the provider is a person described in division	44793
(G)(1)(a) of section 5104.011 of the Revised Code, seventy-five	44794
per cent of the reimbursement ceiling that applies to a type B	44795
family day-care home certified by the same county department of	44796
job and family services pursuant to section 5104.11 of the Revised	44797
Code;	44798

(ii) If the provider is a person described in division	44799
(G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent	44800
of the reimbursement ceiling that applies to a type B family	44801
day-care home certified by the same county department pursuant to	44802
section 5104.11 of the Revised Code.	44803

(3) In establishing reimbursement ceilings under division	44804
(E)(1)(a) of this section, the director may establish different	44805
reimbursement ceilings based on any of the following:	44806

(a) Geographic location of the provider;

44807

(b) Type of care provided;

44808

44809

(d) Special needs of the child served;

44810

(e) Whether the expanded hours of service are provided;

44811

(f) Whether weekend service is provided;

44812

(g) Whether the provider has exceeded the minimum	44813
requirements of state statutes and rules governing child care;	44814

(h) Any other factors the director considers appropriate.

44815

(F) The director shall adopt rules in accordance with Chapter	44816
119. of the Revised Code to implement the voluntary child day-care	44817
center quality-rating program described in division (C)(3)(d) of	44818
this section.	44819

Sec. 5107.02. As used in this chapter:

44820

(A) "Adult" means an individual who is not a minor child.

44821

(B) "Assistance group" means a group of individuals treated	44822
as a unit for purposes of determining eligibility for and the	44823
amount of assistance provided under Ohio works first.	44824

(C) "Custodian" means an individual who has legal custody, as	44825
defined in section 2151.011 of the Revised Code, of a minor child	44826
or comparable status over a minor child created by a court of	44827
competent jurisdiction in another state.	44828

(D) "Domestic violence" means being subjected to any of the	44829
following:	44830

(1) Physical acts that resulted in, or threatened to result	44831
in, physical injury to the individual;	44832

(2) Sexual abuse;

44833

(3) Sexual activity involving a dependent child;

44834

(4) Being forced as the caretaker relative of a dependent	44835
child to engage in nonconsensual sexual acts or activities;	44836

(5) Threats of, or attempts at, physical or sexual abuse;

44837

(6) Mental abuse;

44838

(7) Neglect or deprivation of medical care.

44839

(E) "Guardian" means an individual that is granted authority	44840
by a probate court pursuant to Chapter 2111. of the Revised Code,	44841
or a court of competent jurisdiction in another state, to exercise	44842
parental rights over a minor child to the extent provided in the	44843
court's order and subject to residual parental rights of the minor	44844
child's parents.	44845

~~(E)~~(F) "LEAP program" means the learning, earning, and	44846
parenting program conducted under section 5107.30 of the Revised	44847
Code.	44848

(G) "Minor child" means either of the following:

44849

(1) An individual who has not attained age eighteen;

44850

(2) An individual who has not attained age nineteen and is a	44851
full-time student in a secondary school or in the equivalent level	44852
of vocational or technical training.	44853

~~(F)~~(H) "Minor head of household" means a minor child who is	44854
either of the following:	44855

(1) Is married, at least six months pregnant, and a member of	44856
an assistance group that does not include an adult;	44857

(2) Is married and is a parent of a child included in the	44858
same assistance group that does not include an adult.	44859

~~(G)~~(I) "Ohio works first" means the program established by	44860
this chapter known as temporary assistance for needy families in	44861
Title IV-A.	44862

~~(H)~~(J) "Payment standard" means the amount specified in rules	44863
adopted under section 5107.05 of the Revised Code that is the	44864
maximum amount of cash assistance an assistance group may receive	44865
under Ohio works first from state and federal funds.	44866

~~(I)~~(K) "Specified relative" means the following individuals	44867
who are age eighteen or older:	44868

(1) The following individuals related by blood or adoption:

44869

(a) Grandparents, including grandparents with the prefix	44870
"great," "great-great," or "great-great-great";	44871

(b) Siblings;

44872

(c) Aunts, uncles, nephews, and nieces, including such	44873
relatives with the prefix "great," "great-great," "grand," or	44874
"great-grand";	44875

(d) First cousins and first cousins once removed.

44876

(2) Stepparents and stepsiblings;

44877

(3) Spouses and former spouses of individuals named in	44878
division ~~(I)~~(K)(1) or (2) of this section.	44879

~~(J)~~(L) "Title IV-A" or "Title IV-D" means Title IV-A or Title	44880
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	44881
301, as amended.	44882

Sec. 5107.03. There is hereby established the Ohio works	44883
first program. The department of job and family services shall	44884
administer the program, as long as federal funds are provided for	44885
the program, in accordance with Title IV-A, federal regulations,	44886
state law, the Title IV-A state plan submitted to the United	44887
States secretary of health and human services under section	44888
5101.80 of the Revised Code, amendments to the plan, and federal	44889
waivers granted by the United States secretary.	44890

~~The department shall make all cash assistance payments for~~	44891
~~Ohio works first from funds appropriated for the Ohio works first~~	44892
~~program. A county department of job and family services may use~~	44893
~~county funds to increase the amount of cash assistance an~~	44894
~~assistance group receives. An increase in the amount of cash~~	44895
~~assistance that results from such a use of county funds shall not~~	44896
~~be included as countable income, gross earned income, or gross~~	44897
~~unearned income of the assistance group.~~	44898

Sec. 5107.04. As used in this section, "cost-of-living	44899
adjustment" means the cost-of-living adjustment made by the United	44900
States commissioner of social security under 42 U.S.C. 415(i) for	44901
benefits provided under Title II of the "Social Security Act of	44902
1935."	44903

The department of job and family services shall make all cash	44904
assistance payments for Ohio works first from funds appropriated	44905
for the Ohio works first program. The amount of a cash assistance	44906
payment the department is to make to an assistance group shall be	44907
determined in accordance with rules adopted under section 5107.05	44908
of the Revised Code and shall not exceed the payment standard. The	44909
department shall increase the payment standard on January 1, 2009,	44910
and the first day of each January thereafter by the cost-of-living	44911
adjustment made in the immediately preceding December.	44912

A county department of job and family services may use county	44913
funds to increase the amount of cash assistance an assistance	44914
group receives. An increase in the amount of cash assistance that	44915
results from such a use of county funds shall not be included as	44916
countable income, gross earned income, or gross unearned income of	44917
the assistance group.	44918

Sec. 5107.05. The director of job and family services shall	44919
adopt rules to implement this chapter. The rules shall be	44920
consistent with Title IV-A, Title IV-D, federal regulations, state	44921
law, the Title IV-A state plan submitted to the United States	44922
secretary of health and human services under section 5101.80 of	44923
the Revised Code, amendments to the plan, and waivers granted by	44924
the United States secretary. Rules governing eligibility, program	44925
participation, and other applicant and participant requirements	44926
shall be adopted in accordance with Chapter 119. of the Revised	44927
Code. Rules governing financial and other administrative	44928
requirements applicable to the department of job and family	44929
services and county departments of job and family services shall	44930
be adopted in accordance with section 111.15 of the Revised Code.	44931

(A) The rules shall specify, establish, or govern all of the	44932
following:	44933

(1) A payment standard for Ohio works first based on federal	44934
and state appropriations that is increased in accordance with	44935
section 5107.04 of the Revised Code;	44936

(2) ~~The~~For the purpose of section 5107.04 of the Revised	44937
Code, the method of determining the amount of cash assistance an	44938
assistance group receives under Ohio works first;	44939

(3) Requirements for initial and continued eligibility for	44940
Ohio works first, including requirements regarding income,	44941
citizenship, age, residence, and assistance group composition.	44942
~~The rules regarding income shall specify what is countable income,~~	44943
~~gross earned income, and gross unearned income for the purpose of~~	44944
~~section 5107.10 of the Revised Code.~~;	44945

(4) For the purpose of section 5107.12 of the Revised Code,	44946
application and verification procedures, including the minimum	44947
information an application must contain~~. If there are at least two~~	44948
~~telephone numbers available that a county department of human~~	44949
~~services can call to contact members of an assistance group, which~~	44950
~~may include the telephone number of an individual who can contact~~	44951
~~an assistance group member for the county department, the minimum~~	44952
~~information shall include at least those two telephone numbers.~~;	44953

(5) The extent to which a participant of Ohio works first	44954
must notify, pursuant to section 5107.12 of the Revised Code, a	44955
county department of job and family services of additional income	44956
not previously reported to the county department;	44957

(6) For the purpose of section 5107.16 of the Revised Code,	44958
standards for the determination of good cause for failure or	44959
refusal to comply in full with a provision of a self-sufficiency	44960
contract;	44961

(7) The department of job and family services providing	44962
written notice of a sanction under section 5107.161 of the Revised	44963
Code;	44964

~~(7)~~(8) Requirements for the collection and distribution of	44965
support payments owed participants of Ohio works first pursuant to	44966
section 5107.20 of the Revised Code;	44967

~~(8)~~(9) For the purpose of section 5107.22 of the Revised	44968
Code, what constitutes cooperating in establishing a minor child's	44969
paternity or establishing, modifying, or enforcing a child support	44970
order and good cause for failure or refusal to cooperate~~. The rule~~	44971
~~shall be consistent with 42 U.S.C.A. 654(29).~~;	44972

~~(9)~~(10) The requirements governing the LEAP program ~~provided~~	44973
~~for under section 5107.30 of the Revised Code~~, including the	44974
definitions of "equivalent of a high school diploma" and "good	44975
cause," and the incentives provided under the LEAP program;	44976

~~(10)~~(11) If the director implements section 5107.301 of the	44977
Revised Code, the requirements governing the award provided under	44978
that section, including the form that the award is to take and	44979
requirements an individual must satisfy to receive the award;	44980

~~(11)~~(12) Circumstances under which a county department of job	44981
and family services may exempt a minor head of household or adult	44982
from participating in a work activity or developmental activity	44983
for all or some of the weekly hours otherwise required by section	44984
5107.43 of the Revised Code. ~~Circumstances shall include that a~~	44985
~~school or place of work is closed due to a holiday or weather or~~	44986
~~other emergency and that an employer grants the minor head of~~	44987
~~household or adult leave for illness or earned vacation.~~	44988

~~(12)~~(13) The maximum amount of time the department will	44989
subsidize positions created by state agencies and political	44990
subdivisions under division (C) of section 5107.52 of the Revised	44991
Code;	44992

(14) The implementation of sections 5107.71 to 5107.717 of	44993
the Revised Code by county departments of job and family services;	44994

(15) A domestic violence screening process to be used for the	44995
purpose of division (A) of section 5107.71 of the Revised Code;	44996

(16) The minimum frequency with which county departments of	44997
job and family services must redetermine a member of an assistance	44998
group's need for a waiver issued under section 5107.714 of the	44999
Revised Code.	45000

(B) The rules adopted under division (A)(3) of this section	45001
regarding income shall specify what is countable income, gross	45002
earned income, and gross unearned income for the purpose of	45003
section 5107.10 of the Revised Code.	45004

The rules adopted under division (A)(9) of this section shall	45005
be consistent with 42 U.S.C. 654(29).	45006

The rules adopted under division (A)(12) of this section	45007
shall specify that the circumstances include that a school or	45008
place of work is closed due to a holiday or weather or other	45009
emergency and that an employer grants the minor head of household	45010
or adult leave for illness or earned vacation.	45011

(C) The rules may provide that a county department of job and	45012
family services is not required to take action under section	45013
5107.76 of the Revised Code to recover an erroneous payment that	45014
is below an amount the department specifies.	45015

Sec. 5107.10. (A) As used in this section:

45016

(1) "Countable income," "gross earned income," and "gross	45017
unearned income" have the meanings established in rules adopted	45018
under section 5107.05 of the Revised Code.	45019

(2) "Federal poverty guidelines" has the same meaning as in	45020
section 5101.46 of the Revised Code, except that references to a	45021
person's family in the definition shall be deemed to be references	45022
to the person's assistance group.	45023

(3) "Gross income" means gross earned income and gross	45024
unearned income.	45025

(4) ~~"Initial eligibility threshold" means the higher of the~~	45026
~~following:~~	45027

~~(a) Fifty per cent of the federal poverty guidelines;~~

45028

~~(b) The gross income maximum for initial eligibility for Ohio~~	45029
~~works first as that maximum was set by division (D)(1)(a) of this~~	45030
~~section on the day before the effective date of this amendment.~~	45031

~~(5)~~ "Strike" means continuous concerted action in failing to	45032
report to duty; willful absence from one's position; or stoppage	45033
of work in whole from the full, faithful, and proper performance	45034
of the duties of employment, for the purpose of inducing,	45035
influencing, or coercing a change in wages, hours, terms, and	45036
other conditions of employment. "Strike" does not include a	45037
stoppage of work by employees in good faith because of dangerous	45038
or unhealthful working conditions at the place of employment that	45039
are abnormal to the place of employment.	45040

(B) Under the Ohio works first program, an assistance group	45041
shall receive, except as otherwise provided by this chapter,	45042
time-limited cash assistance. In the case of an assistance group	45043
that includes a minor head of household or adult, assistance shall	45044
be provided in accordance with the self-sufficiency contract	45045
entered into under section 5107.14 of the Revised Code.	45046

(C) To be eligible to participate in Ohio works first, an	45047
assistance group must meet all of the following requirements:	45048

(1) The assistance group, except as provided in division (E)	45049
of this section, must include at least one of the following:	45050

(a) A minor child who, except as provided in section 5107.24	45051
of the Revised Code, resides with a parent, or specified relative	45052
caring for the child, or, to the extent permitted by Title IV-A	45053
and federal regulations adopted until Title IV-A, resides with a	45054
guardian or custodian caring for the child;	45055

(b) A parent residing with and caring for the parent's minor	45056
child who receives supplemental security income under Title XVI of	45057
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	45058
as amended, or federal, state, or local adoption assistance;	45059

(c) A specified relative residing with and caring for a minor	45060
child who is related to the specified relative in a manner that	45061
makes the specified relative a specified relative and receives	45062
supplemental security income or federal, state, or local foster	45063
care or adoption assistance;	45064

(d) A woman at least six months pregnant.

45065

(2) The assistance group must meet the income requirements	45066
established by division (D) of this section.	45067

(3) No member of the assistance group may be involved in a	45068
strike.	45069

(4) The assistance group must satisfy the requirements for	45070
Ohio works first established by this chapter and sections 5101.58,	45071
5101.59, and 5101.83 of the Revised Code.	45072

(5) The assistance group must meet requirements for Ohio	45073
works first established by rules adopted under section 5107.05 of	45074
the Revised Code.	45075

(D)(1) Except as provided in division (D)(4) of this section,	45076
to determine whether an assistance group is initially eligible to	45077
participate in Ohio works first, a county department of job and	45078
family services shall do the following:	45079

(a) Determine whether the assistance group's gross income	45080
exceeds ~~the initial eligibility threshold~~fifty per cent of the	45081
federal poverty guidelines. In making this determination, the	45082
county department shall disregard amounts that federal statutes or	45083
regulations and sections 5101.17 and 5117.10 of the Revised Code	45084
require be disregarded. The assistance group is ineligible to	45085
participate in Ohio works first if the assistance group's gross	45086
income, less the amounts disregarded, exceeds ~~the initial~~	45087
~~eligibility threshold~~fifty per cent of the federal poverty	45088
guidelines.	45089

(b) If the assistance group's gross income, less the amounts	45090
disregarded pursuant to division (D)(1)(a) of this section, does	45091
not exceed ~~the initial eligibility threshold~~fifty per cent of the	45092
federal poverty guidelines, determine whether the assistance	45093
group's countable income is less than the payment standard. The	45094
assistance group is ineligible to participate in Ohio works first	45095
if the assistance group's countable income equals or exceeds the	45096
payment standard.	45097

(2) For the purpose of determining whether an assistance	45098
group meets the income requirement established by division	45099
(D)(1)(a) of this section, the annual revision that the United	45100
States department of health and human services makes to the	45101
federal poverty guidelines shall go into effect on the first day	45102
of July of the year for which the revision is made.	45103

(3) To determine whether an assistance group participating in	45104
Ohio works first continues to be eligible to participate, a county	45105
department of job and family services shall determine whether the	45106
assistance group's countable income continues to be less than the	45107
payment standard. In making this determination, the county	45108
department shall disregard the first two hundred fifty dollars and	45109
fifty per cent of the remainder of the assistance group's gross	45110
earned income. No amounts shall be disregarded from the assistance	45111
group's gross unearned income. The assistance group ceases to be	45112
eligible to participate in Ohio works first if its countable	45113
income, less the amounts disregarded, equals or exceeds the	45114
payment standard.	45115

(4) If an assistance group reapplies to participate in Ohio	45116
works first not more than four months after ceasing to	45117
participate, a county department of job and family services shall	45118
use the income requirement established by division (D)(3) of this	45119
section to determine eligibility for resumed participation rather	45120
than the income requirement established by division (D)(1) of this	45121
section.	45122

(E)(1) An assistance group may continue to participate in	45123
Ohio works first even though a public children services agency	45124
removes the assistance group's minor children from the assistance	45125
group's home due to abuse, neglect, or dependency if the agency	45126
does both of the following:	45127

(a) Notifies the county department of job and family services	45128
at the time the agency removes the children that it believes the	45129
children will be able to return to the assistance group within six	45130
months;	45131

(b) Informs the county department at the end of each of the	45132
first five months after the agency removes the children that the	45133
parent, guardian, custodian, or specified relative of the children	45134
is cooperating with the case plans prepared for the children under	45135
section 2151.412 of the Revised Code and that the agency is making	45136
reasonable efforts to return the children to the assistance group.	45137

(2) An assistance group may continue to participate in Ohio	45138
works first pursuant to division (E)(1) of this section for not	45139
more than six payment months. This division does not affect the	45140
eligibility of an assistance group that includes a woman at least	45141
six months pregnant.	45142

Sec. 5107.12. An assistance group seeking to participate in	45143
the Ohio works first program shall apply to a county department of	45144
job and family services using an application containing	45145
information the director of job and family services requires	45146
pursuant to rules adopted under section 5107.05 of the Revised	45147
Code and any additional information the county department	45148
requires. If cash assistance under the program is to be paid by	45149
the director of budget and management through the medium of direct	45150
deposit as provided by section 329.03 of the Revised Code, the	45151
application shall be accompanied by information the director needs	45152
to make direct deposits.	45153

When a county department receives an application for	45154
participation in Ohio works first, it shall promptly make an	45155
investigation and record of the circumstances of the applicant in	45156
order to ascertain the facts surrounding the application and to	45157
obtain such other information as may be required. Upon the	45158
completion of the investigation, the county department shall	45159
determine as soon as possible whether the applicant is eligible to	45160
participate, the amount of cash assistance the applicant should	45161
receive, and the approximate date when participation shall begin.	45162
The county department shall not delay making the determination of	45163
whether the applicant is eligible to participate on the basis that	45164
the individuals required by section 5107.14 of the Revised Code to	45165
enter into a written self-sufficiency contract with the county	45166
department have not yet done that. The amount of cash assistance	45167
so determined shall be certified to the department of job and	45168
family services in such form as the department shall prescribe.	45169
Warrants, direct deposits, or debit cards shall be delivered or	45170
made payable in the manner the department may prescribe.	45171

To the extent required by rules adopted under section 5107.05	45172
of the Revised Code, a participant of Ohio works first shall	45173
notify the county department immediately upon the receipt or	45174
possession of additional income not previously reported to the	45175
county department. Any failure to so notify a county department	45176
shall be regarded as prima-facie evidence of an intent to defraud.	45177

Sec. 5107.121. A county department of job and family	45178
services shall provide assistance groups applying for or	45179
undergoing a redetermination of eligibility for Ohio works first	45180
written and oral information about both of the following:	45181

(A) The availability of counseling and supportive services	45182
pursuant to division (B) of section 5107.71 of the Revised Code	45183
for members of the assistance group who have been subjected to	45184
domestic violence;	45185

(B) The availability of waivers under section 5107.714 of the	45186
Revised Code exempting members of the assistance group who have	45187
been subjected to domestic violence from a requirement of the Ohio	45188
works first program.	45189

Sec. 5107.14. (A) An assistance group is ineligible to	45190
participate in Ohio works first unless ~~the minor head of household~~	45191
~~or each adult member of the assistance group, not later than~~	45192
~~thirty days after applying for or undergoing a redetermination of~~	45193
~~eligibility for the program, enters~~the following enter into a	45194
written self-sufficiency contract with the county department of	45195
job and family services not later than thirty days after the	45196
assistance group applies for or undergoes a redetermination of	45197
eligibility for the program:	45198

(1) Each adult member of the assistance group;

45199

(2) The assistance group's minor head of household unless the	45200
minor head of household is participating in the LEAP program. ~~The~~	45201

(B) A self-sufficiency contract shall set forth the rights	45202
and responsibilities of the assistance group as applicants for and	45203
participants of ~~the program, including work responsibilities~~	45204
~~established under sections 5107.40 to 5107.69 of the Revised Code~~	45205
~~and other requirements designed to assist the assistance group in~~	45206
~~achieving self sufficiency and personal responsibility. The county~~	45207
~~department shall provide without charge a copy of the contract to~~	45208
~~each assistance group member who signs it.~~	45209

~~Each~~Ohio works first. Each self-sufficiency contract shall	45210
include, based on appraisals conducted under section 5107.41 of	45211
the Revised Code and assessments conducted under section 5107.70	45212
of the Revised Code, the following:	45213

~~(A)~~(1) The assistance group's plan, developed under section	45214
5107.41 of the Revised Code, to achieve the goal of self	45215
sufficiency and personal responsibility through unsubsidized	45216
employment within the time limit for participating in Ohio works	45217
first established by section 5107.18 of the Revised Code;	45218

~~(B)~~(2) Work activities, developmental activities, and	45219
alternative work activities to which members of the assistance	45220
group are assigned under sections 5107.40 to 5107.69 of the	45221
Revised Code;	45222

~~(C)~~(3) The responsibility of a caretaker member of the	45223
assistance group to cooperate in establishing a minor child's	45224
paternity and establishing, modifying, and enforcing a support	45225
order for the child in accordance with section 5107.22 of the	45226
Revised Code;	45227

~~(D)~~(4) Other responsibilities that members of the assistance	45228
group must satisfy to participate in Ohio works first and the	45229
consequences for failure or refusal to satisfy the	45230
responsibilities;	45231

~~(E)~~(5) An agreement that, except as otherwise provided in a	45232
waiver issued under section 5107.714 of the Revised Code, the	45233
assistance group will comply with the conditions of participating	45234
in Ohio works first established by this chapter and sections	45235
5101.58, 5101.59, and 5101.83 of the Revised Code;	45236

~~(F)~~(6) Assistance and services the county department will	45237
provide to the assistance group;	45238

~~(G)~~(7) Assistance and services the child support enforcement	45239
agency and public children services agency will provide to the	45240
assistance group pursuant to a plan of cooperation entered into	45241
under section 307.983 of the Revised Code;	45242

~~(H)~~(8) Other provisions designed to assist the assistance	45243
group in achieving self sufficiency and personal responsibility;	45244

~~(I)~~(9) Procedures for assessing whether responsibilities are	45245
being satisfied and whether the contract should be amended;	45246

~~(J)~~(10) Procedures for amending the contract.

45247

(C) No self-sufficiency contract shall include provisions	45248
regarding the LEAP program.	45249

(D) The county department shall provide without charge a copy	45250
of the self-sufficiency contract to each assistance group member	45251
who signs it.	45252

Sec. 5107.16. (A) If a member of an assistance group fails	45253
or refuses, without good cause, to comply in full with a provision	45254
of a self-sufficiency contract entered into under section 5107.14	45255
of the Revised Code, a county department of job and family	45256
services shall sanction the assistance group as follows:	45257

(1) For a first failure or refusal, the county department	45258
shall deny or terminate the assistance group's eligibility to	45259
participate in Ohio works first for one payment month ~~or until the~~	45260
~~failure or refusal ceases, whichever is longer~~;	45261

(2) For a second failure or refusal, the county department	45262
shall deny or terminate the assistance group's eligibility to	45263
participate in Ohio works first for three payment months ~~or until~~	45264
~~the failure or refusal ceases, whichever is longer~~;	45265

(3) For a third or subsequent failure or refusal, the county	45266
department shall deny or terminate the assistance group's	45267
eligibility to participate in Ohio works first for six payment	45268
months ~~or until the failure or refusal ceases, whichever is~~	45269
~~longer~~.	45270

(B) ~~Each county department~~The director of job and family	45271
services shall establish standards for the determination of good	45272
cause for failure or refusal to comply in full with a provision of	45273
a self-sufficiency contract in rules adopted under section 5107.05	45274
of the Revised Code.	45275

~~(1) In the case of a failure or refusal to participate in a~~	45276
~~work activity, developmental activity, or alternative work~~	45277
~~activity under sections 5107.40 to 5107.69 of the Revised Code,~~	45278
~~good cause shall include, except as provided in division (B)(2) of~~	45279
~~this section, the following:~~	45280

~~(a) Failure of the county department to place the member in~~	45281
~~an activity;~~	45282

~~(b) Failure of the county department to provide for the~~	45283
~~assistance group to receive support services the county department~~	45284
~~determines under section 5107.66 of the Revised Code to be~~	45285
~~necessary. In determining whether good cause exists, a county~~	45286
~~department shall determine that day care is a necessary support~~	45287
~~service if a single custodial parent caring for a minor child~~	45288
~~under age six proves a demonstrated inability, as determined by~~	45289
~~the county department, to obtain needed child care for one or more~~	45290
~~of the following reasons:~~	45291

~~(i) Unavailability of appropriate child care within a~~	45292
~~reasonable distance from the parent's home or work site;~~	45293

~~(ii) Unavailability or unsuitability of informal child care~~	45294
~~by a relative or under other arrangements;~~	45295

~~(iii) Unavailability of appropriate and affordable formal~~	45296
~~child care arrangements.~~	45297

~~(2) Good cause does not exist if the member of the assistance~~	45298
~~group is placed in a work activity established under section~~	45299
~~5107.58 of the Revised Code and exhausts the support services~~	45300
~~available for that activity.~~	45301

(C) ~~When a state hearing under division (B) of section~~	45302
~~5101.35 of the Revised Code or an administrative appeal under~~	45303
~~division (C) of that section is held regarding a sanction under~~	45304
~~this section, the hearing officer, director of job and family~~	45305
~~services, or director's designee shall base the decision in the~~	45306
~~hearing or appeal on the county department's standards of good~~	45307
~~cause for failure or refusal to comply in full with a provision of~~	45308
~~a self-sufficiency contract, if the county department provides the~~	45309
~~hearing officer, director, or director's designee a copy of the~~	45310
~~county department's good cause standards.~~	45311

~~(D)~~ After sanctioning an assistance group under division (A)	45312
of this section, a county department of job and family services	45313
shall continue to work with the assistance group ~~to provide the~~	45314
~~member of the assistance group who caused the sanction an~~	45315
~~opportunity to demonstrate to the county department a willingness~~	45316
~~to cease the failure or refusal to comply with the~~	45317
~~self-sufficiency contract~~.	45318

~~(E)~~(D) An adult eligible for ~~medical assistance~~medicaid	45319
pursuant to division (A)(1)(a) of section 5111.01 of the Revised	45320
Code who is sanctioned under division (A)(3) of this section for a	45321
failure or refusal, without good cause, to comply in full with a	45322
provision of a self-sufficiency contract related to work	45323
responsibilities under sections 5107.40 to 5107.69 of the Revised	45324
Code loses eligibility for ~~medical assistance~~medicaid unless the	45325
adult is otherwise eligible for ~~medical assistance~~medicaid	45326
pursuant to another division of section 5111.01 of the Revised	45327
Code.	45328

~~(F)~~ An assistance group that would be participating in Ohio	45329
works first if not for a sanction under this section shall	45330
continue to be eligible for all of the following:	45331

(1) Publicly funded child care in accordance with division	45332
(A)(3) of section 5104.30 of the Revised Code;	45333

(2) Support services in accordance with section 5107.66 of	45334
the Revised Code;	45335

(3) To the extent permitted by the "Fair Labor Standards Act	45336
of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as amended, to	45337
participate in work activities, developmental activities, and	45338
alternative work activities in accordance with sections 5107.40 to	45339
5107.69 of the Revised Code.	45340

Sec. 5107.17. An assistance group that resumes participation	45341
in Ohio works first following a sanction under section 5107.16 of	45342
the Revised Code is not required to do either of the following:	45343

(A) Reapply under section 5107.12 of the Revised Code, unless	45344
it is the assistance group's regularly scheduled time for an	45345
eligibility redetermination;	45346

(B) Enter into a new self-sufficiency contract under section	45347
5107.14 of the Revised Code, unless the county department of job	45348
and family services determines it is time for a new appraisal	45349
under section 5107.41 of the Revised Code or the assistance	45350
group's circumstances have changed in a manner necessitating an	45351
amendment to the self-sufficiency contract as determined using	45352
procedures included in the contract under division ~~(I)~~(B)(9) of	45353
section 5107.14 of the Revised Code.	45354

Sec. 5107.18. (A) Except as provided in divisions (B), (C),	45355
(D), ~~and~~ (E), and (F) of this section, an assistance group is	45356
ineligible to participate in Ohio works first if the assistance	45357
group includes an individual who has participated in the program	45358
for thirty-six months as any of the following: an adult head of	45359
household, minor head of household, or spouse of an adult head of	45360
household or minor head of household. The time limit applies	45361
regardless of whether the thirty-six months are consecutive.	45362

(B) An assistance group that has ceased to participate in	45363
Ohio works first pursuant to division (A) of this section for at	45364
least twenty-four months, whether consecutive or not, may reapply	45365
to participate in the program if good cause exists as determined	45366
by the county department of job and family services. Good cause	45367
may include losing employment, inability to find employment,	45368
divorce, domestic violence considerations, and unique personal	45369
circumstances. The assistance group must provide a county	45370
department of job and family services verification acceptable to	45371
the county department of whether any members of the assistance	45372
group had employment during the period the assistance group was	45373
not participating in Ohio works first and the amount and sources	45374
of the assistance group's income during that period. If a county	45375
department is satisfied that good cause exists for the assistance	45376
group to reapply to participate in Ohio works first, the	45377
assistance group may reapply. Except as provided in divisions (C),	45378
(D), and ~~(E)~~(F) of this section, the assistance group may not	45379
participate in Ohio works first for more than twenty-four	45380
additional months. The time limit applies regardless of whether	45381
the twenty-four months are consecutive.	45382

(C) In determining the number of months a parent or pregnant	45383
woman has received assistance under Title IV-A, a county	45384
department of job and family services shall disregard any month	45385
during which the parent or pregnant woman was a minor child but	45386
was neither a minor head of household nor married to the head of	45387
an assistance group.	45388

(D) In determining the number of months an adult has received	45389
assistance under Title IV-A, a county department of job and family	45390
services shall disregard any month during which the adult lived on	45391
an Indian reservation or in an Alaska native village, as those	45392
terms are used in 42 U.S.C.A. 608(a)(7)(D), if, during the month,	45393
at least one thousand individuals lived on the reservation or in	45394
the village and at least fifty per cent of the adults living on	45395
the reservation or in the village were unemployed.	45396

(E) A county department of job and family services may exempt	45397
an Ohio works first assistance group from the time limit	45398
established by division (A) of this section by issuing a waiver of	45399
the time limit in accordance with section 5107.714 of the Revised	45400
Code. A county department may not exempt an assistance group until	45401
the group has exhausted its thirty-six months of cash assistance.	45402
An exemption granted under this division shall not count toward	45403
the twenty per cent limitation that applies to the exemptions	45404
granted under division (F) of this section.	45405

(F) A county department of job and family services may exempt	45406
not more than twenty per cent of the average monthly number of	45407
Ohio works first assistance groups from the time limit established	45408
by this section on the grounds that the county department	45409
determines that the time limit is a hardship. In the case of the	45410
time limit established by division (A) of this section, a county	45411
department may not exempt an assistance group until the group has	45412
exhausted its thirty-six months of cash assistance.	45413

~~(F)~~(G) The department of job and family services shall	45414
continually monitor the percentage of the average monthly number	45415
of Ohio works first assistance groups in each county that is	45416
exempted under division ~~(E)~~(F) of this section from the time limit	45417
established by this section. On determining that the percentage in	45418
any county equals or exceeds eighteen per cent, the department	45419
shall immediately notify the county department of job and family	45420
services.	45421

~~(G)~~(H) Only participation in Ohio works first on or after	45422
October 1, 1997, applies to the time limit established by this	45423
section. The time limit applies regardless of the source of	45424
funding for the program. Assistance under Title IV-A provided by	45425
any state applies to the time limit. The time limit is a lifetime	45426
limit. No assistance group shall receive assistance under the	45427
program in violation of the time limit for assistance under Title	45428
IV-A established by section 408(a)(7) of the "Social Security	45429
Act," as amended by the "Personal Responsibility and Work	45430
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42	45431
U.S.C.A. 608 (a)(7).	45432

Sec. 5107.281. A participant of Ohio works first who is	45433
enrolled in a school district in a county that is participating in	45434
the learnfare program and is not younger than age six but not	45435
older than age nineteen shall participate in the learnfare program	45436
unless one of the following is the case:	45437

(A) The participant is not yet eligible for enrollment in	45438
first grade;	45439

(B) The participant is subject to the LEAP program ~~under~~	45440
~~section 5107.30 of the Revised Code~~;	45441

45442

(1) A high school diploma;

45443

(2) A certificate stating that the participant has achieved	45444
the equivalent of a high school education as measured by scores	45445
obtained on the tests of general educational development as	45446
published by the American council on education.	45447

(D) The participant has been excused from school attendance	45448
pursuant to section 3321.04 of the Revised Code;	45449

(E) If child care services for a member of the participant's	45450
household are necessary for the participant to attend school,	45451
child care licensed or certified under Chapter 5104. of the	45452
Revised Code or under sections 3301.52 to 3301.59 of the Revised	45453
Code and transportation to and from the child care are not	45454
available;	45455

(F) The participant has been adjudicated a delinquent or	45456
unruly child pursuant to section 2151.28 of the Revised Code.	45457

Sec. 5107.30. (A) As used in this section:

45458

(1) "Equivalent of a high school diploma" and "good cause"	45459
have the meanings established in rules adopted under section	45460
5107.05 of the Revised Code.	45461

(2) ~~"LEAP program" means the learning, earning, and parenting~~	45462
~~program.~~	45463

~~(3)~~ "Participating teen" means an individual to whom all of	45464
the following apply:	45465

(a) The individual is a participant of Ohio works first;

45466

(b) The individual is under age eighteen or is age eighteen	45467
and in school and is a natural or adoptive parent or is pregnant;	45468

(c) The individual is subject to the LEAP program's	45469
requirements.	45470

~~(4)~~(3) "School" means an educational program that is designed	45471
to lead to the attainment of a high school diploma or the	45472
equivalent of a high school diploma.	45473

(B) The director of job and family services may conduct a	45474
program titled the "LEAP program" in accordance with rules adopted	45475
under section 5107.05 of the Revised Code. The purpose of the LEAP	45476
program is to encourage teens to complete school.	45477

Every participating teen shall attend school in accordance	45478
with the requirements governing the LEAP program unless the	45479
participating teen shows good cause for not attending school. The	45480
department shall provide, in addition to the cash assistance	45481
payment provided under Ohio works first, an incentive payment, in	45482
an amount determined by the department, to every participating	45483
teen who attends school in accordance with the requirements	45484
governing the LEAP program. In addition to the incentive payment,	45485
the department may provide other incentives to participating teens	45486
who attend school in accordance with the LEAP program's	45487
requirements. The department shall reduce the cash assistance	45488
payment, in an amount determined by the department, under Ohio	45489
works first to every participating teen who fails or refuses,	45490
without good cause, to meet the LEAP program's requirements.	45491

Every participating teen shall enter into a written agreement	45492
with the county department of job and family services that	45493
specifies all of the following:	45494

(1) The participating teen, to be eligible to receive the	45495
incentive payment and other incentives, if any, under this	45496
section, must meet the requirements of the LEAP program.	45497

(2) The incentive payment and other incentives, if any, will	45498
be provided if the participating teen meets the requirements of	45499
the LEAP program.	45500

(3) The participating teen's cash assistance payment under	45501
Ohio works first will be reduced if the participating teen fails	45502
or refuses without good cause to attend school in accordance with	45503
the requirements governing the LEAP program.	45504

(C) A minor head of ~~household who is participating~~	45505
household's participation in the LEAP program shall be ~~considered~~	45506
~~to be participating in a work activity for the purpose of sections~~	45507
~~5107.40 to 5107.69~~counted in determining whether a county	45508
department of job and family services meets the requirement of	45509
section 5107.44 of the Revised Code. ~~However, the minor head of~~	45510
~~household is not subject to the requirements or sanctions of those~~	45511
~~sections.~~	45512

(D) Subject to the availability of funds, county departments	45513
of job and family services shall provide for participating teens	45514
to receive support services the county department determines to be	45515
necessary for LEAP participation. Support services may include	45516
publicly funded child care under Chapter 5104. of the Revised	45517
Code, transportation, and other services.	45518

Sec. 5107.36. An individual is ~~not eligible to participate~~	45519
inineligible for assistance under Ohio works first if either of	45520
the following apply:	45521

(A) The individual is a fugitive felon as defined in section	45522
5101.20 of the Revised Code;	45523

(B) The individual is violating a condition of probation, a	45524
community control sanction, parole, or a post-release control	45525
sanction imposed under federal or state law.	45526

Sec. 5107.41. As soon as possible after an assistance group	45527
submits an application to participate in Ohio works first, the	45528
county department of job and family services that receives the	45529
application shall schedule and conduct an appraisal of each member	45530
of the assistance group who is a minor head of household or adult,	45531
other than a minor head of household participating in the LEAP	45532
program. The appraisal may include an evaluation of the	45533
employment, educational, physiological, and psychological	45534
abilities or liabilities, or both, of the minor head of household	45535
or adult. At the appraisal, the county department shall develop	45536
with the minor head of household or adult a plan for the	45537
assistance group to achieve the goal of self sufficiency and	45538
personal responsibility through unsubsidized employment within the	45539
time limit for participating in the Ohio works first program	45540
established by section 5107.18 of the Revised Code. The plan shall	45541
include assignments to one or more work activities, developmental	45542
activities, or alternative work activities in accordance with	45543
section 5107.42 of the Revised Code. The county department shall	45544
include the plan in the self-sufficiency contract entered into	45545
under section 5107.14 of the Revised Code.	45546

The county department shall conduct more appraisals of the	45547
minor head of household or adult at times the county department	45548
determines.	45549

If the minor head of household or adult claims to have a	45550
medically determinable physiological or psychological impairment,	45551
illness, or disability, the county department may require that the	45552
minor head of household or adult undergo an independent medical or	45553
psychological examination at a time and place reasonably	45554
convenient to the minor head of household or adult.	45555

Sec. 5107.42. (A) Except as provided in divisions (B) and	45556
(C) of this section, county departments of job and family services	45557
shall assign each minor head of household and adult participating	45558
in Ohio works first, other than a minor head of household	45559
participating in the LEAP program, to one or more work activities	45560
and developmental activities.	45561

If a county department assigns a minor head of household or	45562
adult to the work activity established under division (H) of	45563
section 5107.60 of the Revised Code, the county department shall	45564
make reasonable efforts to assign the minor head of household or	45565
adult to at least one other work activity at the same time. If a	45566
county department assigns a minor head of household or adult to	45567
the work activity established under section 5107.58 of the Revised	45568
Code, the county department shall assign the minor head of	45569
household or adult to at least one other work activity at the same	45570
time.	45571

A county department may not assign a minor head of household	45572
or adult to a work activity established under division (D) of	45573
section 5107.60 of the Revised Code for more than twelve months.	45574

(B) If a county department determines that a minor head of	45575
household or adult has a temporary or permanent barrier to	45576
participation in a work activity, it may assign the minor head of	45577
household or adult to one or more alternative work activities	45578
instead of assigning the minor head of household or adult to one	45579
or more work activities or developmental activities. A county	45580
department may not assign more than twenty per cent of minor heads	45581
of household and adults participating in Ohio works first to an	45582
alternative work activity.	45583

County departments shall establish standards for determining	45584
whether a minor head of household or adult has a temporary or	45585
permanent barrier to participating in a work activity. The	45586
following are examples of circumstances that a county department	45587
may consider when it develops its standards:	45588

(1) A minor head of household or adult provides the county	45589
department documented evidence that one or more members of the	45590
assistance group have been the victim of domestic violence and are	45591
in imminent danger of suffering continued domestic violence;	45592

(2) A minor head of household or adult is actively	45593
participating in an alcohol or drug addiction program certified by	45594
the department of alcohol and drug addiction services under	45595
section 3793.06 of the Revised Code;	45596

(3) An assistance group is homeless.

45597

(C) A county department may exempt a minor head of household	45598
or adult who is unmarried and caring for a minor child under	45599
twelve months of age from the work requirements of sections	45600
5107.40 to 5107.69 of the Revised Code for not more than twelve	45601
months. While exempt, the minor head of household or adult shall	45602
be disregarded in determining whether the county department is	45603
meeting the requirement of section 5107.44 of the Revised Code.	45604
The county department shall assign the exempt minor head of	45605
household or adult to at least one developmental activity for a	45606
number of hours a week the county department determines. The	45607
county department may assign the exempt minor head of household or	45608
adult to one or more work activities, in addition to developmental	45609
activities, for a number of hours the county department	45610
determines. Division (B) of section 5107.43 of the Revised Code	45611
does not apply to the exempt minor head of household or adult.	45612

(D) A county department may reassign a minor head of	45613
household or adult when the county department determines	45614
reassignment will aid the assistance group in achieving self	45615
sufficiency and personal responsibility and shall make	45616
reassignments when circumstances requiring reassignment occur,	45617
including when a temporary barrier to participating in a work	45618
activity is eliminated.	45619

A county department shall include assignments in the	45620
self-sufficiency contract entered into under section 5107.14 of	45621
the Revised Code and shall amend the contract when a reassignment	45622
is made to include the reassignment in the contract.	45623

Sec. 5107.70. A county department of job and family	45624
services, at times it determines, may conduct assessments of	45625
assistance groups participating in Ohio works first to determine	45626
whether any members of the group are in need of other assistance	45627
or services provided by the county department or other private or	45628
government entities. Assessments may include the following:	45629

(A) Whether any member of the assistance group has a	45630
substance abuse problem;	45631

(B) Whether there are any other circumstances that may limit	45632
an assistance group member's employability.	45633

~~At the first assessment conducted by the county department,~~	45634
~~it shall inquire as to whether any member of an assistance group~~	45635
~~is the victim of domestic violence, including child abuse. The~~	45636
~~county department shall provide this information to the department~~	45637
~~of job and family services. The department shall maintain the~~	45638
~~information for statistical analysis purposes.~~	45639

The county department may refer an assistance group member to	45640
a private or government entity that provides assistance or	45641
services the county department determines the member needs. The	45642
entity may be a public children services agency, chapter of	45643
alcoholics anonymous, narcotics anonymous, or cocaine anonymous,	45644
or any other entity the county department considers appropriate.	45645

Sec. 5107.71. Each county department of job and family	45646
services shall do all of the following in accordance with rules	45647
adopted under section 5107.05 of the Revised Code:	45648

(A) Identify members of assistance groups applying for and	45649
participating in Ohio works first who have been subjected to	45650
domestic violence by utilizing the domestic violence screening	45651
process established in the rules;	45652

(B) Refer a member who has been subjected to domestic	45653
violence to counseling and supportive services;	45654

(C) Except as provided in section 5107.713 of the Revised	45655
Code, maintain the confidentiality of information about a member	45656
who has been subjected to domestic violence;	45657

(D) Make a determination of whether a member who has been	45658
subjected to domestic violence should be issued a waiver under	45659
section 5107.714 of the Revised Code.	45660

Sec. 5107.711. When utilizing the domestic violence	45661
screening process established in rules adopted under section	45662
5107.05 of the Revised Code to identify members of assistance	45663
groups applying for and participating in Ohio works first who have	45664
been subjected to domestic violence, a county department of job	45665
and family services shall do both of the following:	45666

(A) Where available, rely on records from any of the	45667
following:	45668

(1) Police, courts, and other governmental entities;

45669

(2) Shelters and legal, religious, medical, and other	45670
professionals from whom an assistance group member sought	45671
assistance in dealing with domestic violence;	45672

(3) Other persons with knowledge of the domestic violence.

45673

(B) Rely on an assistance group member's allegation of	45674
domestic violence unless the county department has an independent,	45675
reasonable basis to find the allegation not credible.	45676

Sec. 5107.712. A member of an assistance group applying for	45677
or participating in Ohio works first who is referred to counseling	45678
or supportive services pursuant to division (B) of section 5107.71	45679
of the Revised Code may decline the counseling, supportive	45680
services, or both.	45681

Sec. 5107.713. When a county department of job and family	45682
services identifies a member of an assistance group applying for	45683
or participating in Ohio works first who has been subjected to	45684
domestic violence, the county department shall provide information	45685
about the member to the department of job and family services. The	45686
department shall maintain the information for federal reporting	45687
and statistical analysis purposes only.	45688

Sec. 5107.714. A county department of job and family	45689
services shall issue a member of an assistance group participating	45690
in Ohio works first a waiver that exempts the member from a	45691
requirement of the Ohio works first program if the county	45692
department determines that the member has been subjected to	45693
domestic violence and requiring compliance with the requirement	45694
would make it more difficult for the member to escape domestic	45695
violence or unfairly penalize the member. A waiver shall specify	45696
the particular requirement being waived. A waiver may not exempt	45697
the member from the time limit on participating in the Ohio works	45698
first program established by division (B) of section 5107.18 of	45699
the Revised Code. A waiver shall be effective for a period of time	45700
the county department determines necessary. The county department	45701
shall redetermine the member's need for the waiver not less often	45702
than a period of time specified in rules adopted under section	45703
5107.05 of the Revised Code.	45704

Sec. 5107.715. A county department of job and family	45705
services that refuses to issue a waiver under section 5107.714 of	45706
the Revised Code for a member of an assistance group participating	45707
in Ohio works first shall provide the member a written explanation	45708
for the refusal. The written explanation shall be provided to the	45709
member in a manner protecting the member's confidentiality. The	45710
member may appeal the refusal pursuant to section 5101.35 of the	45711
Revised Code.	45712

Sec. 5107.716. A member of an assistance group participating	45713
in Ohio works first may decline a waiver that would otherwise be	45714
issued under section 5107.714 of the Revised Code and may	45715
terminate at any time a waiver that has been issued under that	45716
section.	45717

Sec. 5107.717. The department of job and family services	45718
shall monitor county departments of job and family services'	45719
implementation of sections 5107.71 to 5107.716 of the Revised Code	45720
to ensure that the county departments comply with those sections.	45721

Sec. 5111.01. As used in this chapter, "medical assistance	45722
program" or "medicaid" means the program that is authorized by	45723
this chapter and provided by the department of job and family	45724
services under this chapter, Title XIX of the "Social Security	45725
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, and the	45726
waivers of Title XIX requirements granted to the department by the	45727
~~health care financing administration~~centers for medicare and	45728
medicaid services of the United States department of health and	45729
human services.	45730

The department of job and family services shall act as the	45731
single state agency to supervise the administration of the	45732
medicaid program. As the single state agency, the department shall	45733
comply with 42 C.F.R. 431.10(e). The department's rules governing	45734
medicaid are binding on other agencies that administer components	45735
of the medicaid program. No agency may establish, by rule or	45736
otherwise, a policy governing medicaid that is inconsistent with a	45737
medicaid policy established, in rule or otherwise, by the director	45738
of job and family services.	45739

(A) ~~The~~Subject to an executive order issued under section	45740
5111.0120 of the Revised Code, the department of job and family	45741
services may provide medical assistance under the medicaid program	45742
as long as federal funds are provided for such assistance, to the	45743
following:	45744

(1) Families with children that meet either of the following	45745
conditions:	45746

(a) The family meets the income, resource, and family	45747
composition requirements in effect on July 16, 1996, for the	45748
former aid to dependent children program as those requirements	45749
were established by Chapter 5107. of the Revised Code, federal	45750
waivers granted pursuant to requests made under former section	45751
5101.09 of the Revised Code, and rules adopted by the department	45752
or any changes the department makes to those requirements in	45753
accordance with paragraph (a)(2) of section 114 of the "Personal	45754
Responsibility and Work Opportunity Reconciliation Act of 1996,"	45755
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	45756
implementing section 5111.019 of the Revised Code. An adult loses	45757
eligibility for ~~medical assistance~~medicaid under division	45758
(A)(1)(a) of this section pursuant to division ~~(E)~~(D) of section	45759
5107.16 of the Revised Code.	45760

(b) The family does not meet the requirements specified in	45761
division (A)(1)(a) of this section but is eligible for ~~medical~~	45762
~~assistance~~medicaid pursuant to section 5101.18 of the Revised	45763
Code.	45764

(2) Aged, blind, and disabled persons who meet the following	45765
conditions:	45766

(a) Receive federal aid under Title XVI of the "Social	45767
Security Act," or are eligible for but are not receiving such aid,	45768
provided that the income from all other sources for individuals	45769
with independent living arrangements shall not exceed one hundred	45770
seventy-five dollars per month. The income standards hereby	45771
established shall be adjusted annually at the rate that is used by	45772
the United States department of health and human services to	45773
adjust the amounts payable under Title XVI.	45774

(b) Do not receive aid under Title XVI, but meet any of the	45775
following criteria:	45776

(i) Would be eligible to receive such aid, except that their	45777
income, other than that excluded from consideration as income	45778
under Title XVI, exceeds the maximum under division (A)(2)(a) of	45779
this section, and incurred expenses for medical care, as	45780
determined under federal regulations applicable to section 209(b)	45781
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	45782
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	45783
their income exceeds the maximum under division (A)(2)(a) of this	45784
section;	45785

(ii) Received aid for the aged, aid to the blind, or aid for	45786
the permanently and totally disabled prior to January 1, 1974, and	45787
continue to meet all the same eligibility requirements;	45788

(iii) Are eligible for ~~medical assistance~~medicaid pursuant	45789
to section 5101.18 of the Revised Code.	45790

(3) Persons to whom federal law requires, as a condition of	45791
state participation in the medicaid program, that ~~medical~~	45792
~~assistance~~medicaid be provided;	45793

(4) Persons under age twenty-one who meet the income	45794
requirements for the Ohio works first program established under	45795
Chapter 5107. of the Revised Code but do not meet other	45796
eligibility requirements for the program. The director shall	45797
adopt rules in accordance with Chapter 119. of the Revised Code	45798
specifying which Ohio works first requirements shall be waived for	45799
the purpose of providing medicaid eligibility under division	45800
(A)(4) of this section.	45801

(B) If sufficient funds are appropriated for ~~such purpose by~~	45802
~~the general assembly~~the medicaid program, the department may	45803
provide medical assistance under the medicaid program to persons	45804
in groups designated by federal law as groups to which a state, at	45805
its option, may provide medical assistance under the medicaid	45806
program.	45807

(C) ~~The~~Subject to an executive order issued under section	45808
5111.0120 of the Revised Code, the department may expand	45809
eligibility for ~~medical assistance~~the medicaid program to include	45810
individuals under age nineteen with family incomes at or below one	45811
hundred fifty per cent of the federal poverty guidelines, except	45812
that the eligibility expansion shall not occur unless the	45813
department receives the approval of the federal government. The	45814
department may implement the eligibility expansion authorized	45815
under this division on any date selected by the department, but	45816
not sooner than January 1, 1998.	45817

(D) In addition to any other authority or requirement to	45818
adopt rules under this chapter, the director may adopt rules in	45819
accordance with section 111.15 of the Revised Code as the director	45820
considers necessary to establish standards, procedures, and other	45821
requirements regarding the provision of medical assistance under	45822
the medicaid program. The rules may establish requirements to be	45823
followed in applying for ~~medical assistance~~medicaid, making	45824
determinations of eligibility for ~~medical assistance~~medicaid, and	45825
verifying eligibility for ~~medical assistance~~medicaid. The rules	45826
may include special conditions as the department determines	45827
appropriate for making applications, determining eligibility, and	45828
verifying eligibility for any medical assistance that the	45829
department may provide under the medicaid program pursuant to	45830
division (C) of this section and section 5111.014 or 5111.019 of	45831
the Revised Code.	45832

Sec. 5111.011. (A) The director of job and family services	45833
shall adopt rules establishing eligibility requirements for the	45834
medicaid program. The rules shall be adopted pursuant to section	45835
111.15 of the Revised Code and shall be consistent with federal	45836
and state law and any executive order issued under section	45837
5111.0120 of the Revised Code. The rules shall include rules that	45838
do all of the following:	45839

(1) Establish standards consistent with federal law for	45840
allocating income and resources as income and resources of the	45841
spouse, children, parents, or stepparents of a recipient of or	45842
applicant for medicaid;	45843

(2) Define the term "resources" as used in division (A)(1) of	45844
this section;	45845

(3) Specify the number of months that is to be used for the	45846
purpose of the term "look-back date" used in section 5111.0116 of	45847
the Revised Code;	45848

(4) Establish processes to be used to determine both of the	45849
following:	45850

(a) The date an institutionalized individual's ineligibility	45851
for services under section 5111.0116 of the Revised Code is to	45852
begin;	45853

(b) The number of months an institutionalized individual's	45854
ineligibility for such services is to continue.	45855

(5) Establish exceptions to the period of ineligibility that	45856
an institutionalized individual would otherwise be subject to	45857
under section 5111.0116 of the Revised Code;	45858

(6) Define the term "other medicaid-funded long-term care	45859
services" as used in sections 5111.0117 and 5111.0118 of the	45860
Revised Code;	45861

(7) For the purpose of division (C)(2)(c) of section	45862
5111.0117 of the Revised Code, establish the process to determine	45863
whether the child of an aged, blind, or disabled individual is	45864
financially dependent on the individual for housing.	45865

(B) Notwithstanding any provision of state law, including	45866
statutes, administrative rules, common law, and court rules,	45867
regarding real or personal property or domestic relations, the	45868
standards established under rules adopted under division (A)(1) of	45869
this section shall be used to determine eligibility for medicaid.	45870

Sec. 5111.013. (A) The provision of medical assistance to	45871
pregnant women and young children who are eligible for medical	45872
assistance under division (A)(3) of section 5111.01 of the Revised	45873
Code, but who are not otherwise eligible for medical assistance	45874
under that section, shall be known as the healthy start program.	45875

(B) The department of job and family services shall do all of	45876
the following with regard to the application procedures for the	45877
healthy start program:	45878

(1) Establish a short application form for the program that	45879
requires the applicant to provide no more information than is	45880
necessary for making determinations of eligibility for the healthy	45881
start program, except that the form may require applicants to	45882
provide their social security numbers. The form shall include a	45883
statement, which must be signed by the applicant, indicating that	45884
she does not choose at the time of making application for the	45885
program to apply for assistance provided under any other program	45886
administered by the department and that she understands that she	45887
is permitted at any other time to apply at the county department	45888
of job and family services of the county in which she resides for	45889
any other assistance administered by the department.	45890

(2) To the extent permitted by federal law, do one or both of	45891
the following:	45892

(a) Distribute, consistent with section 5111.0121 of the	45893
Revised Code, the application form for the program to each public	45894
or private entity that serves as a women, infants, and children	45895
clinic or as a child and family health clinic and to each	45896
administrative body for such clinics and train employees of each	45897
such agency or entity to provide applicants assistance in	45898
completing the form;	45899

(b) In cooperation with the department of health, develop	45900
arrangements under which employees of county departments of job	45901
and family services are stationed at public or private agencies or	45902
entities selected by the department of job and family services	45903
that serve as women, infants, and children clinics; child and	45904
family health clinics; or administrative bodies for such clinics	45905
for the purpose both of assisting applicants for the program in	45906
completing the application form and of making determinations at	45907
that location of eligibility for the program.	45908

(3) Establish performance standards by which a county	45909
department of job and family services' level of enrollment of	45910
persons potentially eligible for the program can be measured, and	45911
establish acceptable levels of enrollment for each county	45912
department.	45913

(4) Direct any county department of job and family services	45914
whose rate of enrollment of potentially eligible enrollees in the	45915
program is below acceptable levels established under division	45916
(B)(3) of this section to implement corrective action. Corrective	45917
action may include but is not limited to any one or more of the	45918
following to the extent permitted by federal law:	45919

(a) Establishing formal referral and outreach methods with	45920
local health departments and local entities receiving funding	45921
through the bureau of maternal and child health;	45922

(b) Designating a specialized intake unit within the county	45923
department for healthy start applicants;	45924

(c) Establishing abbreviated timeliness requirements to	45925
shorten the time between receipt of an application and the	45926
scheduling of an initial application interview;	45927

(d) Establishing a system for telephone scheduling of intake	45928
interviews for applicants;	45929

(e) Establishing procedures to minimize the time an applicant	45930
must spend in completing the application and eligibility	45931
determination process, including permitting applicants to complete	45932
the process at times other than the regular business hours of the	45933
county department and at locations other than the offices of the	45934
county department.	45935

(C) To the extent permitted by federal law, local funds,	45936
whether from public or private sources, expended by a county	45937
department for administration of the healthy start program shall	45938
be considered to have been expended by the state for the purpose	45939
of determining the extent to which the state has complied with any	45940
federal requirement that the state provide funds to match federal	45941
funds for medical assistance, except that this division shall not	45942
affect the amount of funds the county is entitled to receive under	45943
section 5101.16, 5101.161, or 5111.012 of the Revised Code.	45944

(D) The director of job and family services shall do one or	45945
both of the following:	45946

(1) To the extent that federal funds are provided for such	45947
assistance, adopt a plan for granting presumptive eligibility for	45948
pregnant women applying for healthy start;	45949

(2) To the extent permitted by federal medicaid regulations,	45950
adopt a plan for making same-day determinations of eligibility for	45951
pregnant women applying for healthy start.	45952

(E) A county department of job and family services that	45953
maintains offices at more than one location shall accept	45954
applications for the healthy start program at all of those	45955
locations.	45956

(F) The director of job and family services shall adopt rules	45957
in accordance with section 111.15 of the Revised Code as necessary	45958
to implement this section.	45959

Sec. 5111.014. (A) The director of job and family services	45960
shall submit to the United States secretary of health and human	45961
services an amendment to the state medicaid plan to make an	45962
individual who meets all of the following requirements eligible	45963
for medicaid:	45964

(1) The individual is pregnant;

45965

(2) ~~The~~Subject to an executive order issued under section	45966
5111.0120 of the Revised Code, the individual's family income does	45967
not exceed ~~one~~two hundred ~~fifty~~ per cent of the federal poverty	45968
guidelines;	45969

(3) The individual satisfies all relevant requirements	45970
established by rules adopted under division (D) of section 5111.01	45971
of the Revised Code.	45972

(B) If approved by the United States secretary of health and	45973
human services, the director of job and family services shall	45974
implement the medicaid plan amendment submitted under division (A)	45975
of this section as soon as possible after receipt of notice of the	45976
approval, but not sooner than January 1, ~~2000~~2008.	45977

Sec. 5111.016. (A) As used in this section, "healthcheck" has	45978
the same meaning as in section 3313.714 of the Revised Code.	45979

(B) ~~In accordance with federal law and regulations, the~~The	45980
department of job and family services shall ~~establish~~adopt rules	45981
in accordance with Chapter 119. of the Revised Code establishing a	45982
combination of written and oral methods designed to provide	45983
information about healthcheck to all persons eligible for the	45984
program or their parents or guardians. The department shall ensure	45985
that its methods of providing information are effective. The	45986
methods shall comply with federal law and regulations.	45987

Each county department of job and family services or other	45988
entity that distributes or accepts applications for medical	45989
assistance shall prominently display in a ~~conspicuous place the~~	45990
~~following~~ notice:	45991

~~"Under state and federal law, if you are a Medicaid~~	45992
~~recipient, your child is entitled to a thorough medical~~	45993
~~examination provided through Healthcheck. Once this examination is~~	45994
~~completed, your child is entitled to receive, at no cost to you,~~	45995
~~any service determined to be medically necessary."~~that complies	45996
with the rules adopted under this division.	45997

Sec. 5111.017. (A) To the extent permitted by federal law,	45998
and beginning July 1, 2009, county departments of job and family	45999
services that accept documents related to applications for the	46000
medicaid program shall convert such documents to an electronic	46001
format and store them electronically.	46002

(B) The director of job and family services shall adopt rules	46003
in accordance with Chapter 119. of the Revised Code, as necessary,	46004
to implement this section. At a minimum, the director shall adopt	46005
rules to address both of the following:	46006

(1) The manner in which the copies of the documents that are	46007
not electronic copies must be disposed of. The manner specified	46008
must not compromise the confidentiality of the information	46009
contained in the documents.	46010

(2) The measures county departments must take to maintain the	46011
confidentiality of the information contained in the documents that	46012
are stored electronically.	46013

(C) Not later than the thirtieth day of June each year, each	46014
county department shall calculate the total expenses the county	46015
incurred in the state fiscal year ending in the previous calendar	46016
year to comply with the requirements in this section.	46017

Sec. 5111.019. ~~(A)~~ The director of job and family services	46018
shall submit to the United States secretary of health and human	46019
services an amendment to the state medicaid plan to make an	46020
individual eligible for medicaid who meets all of the following	46021
requirements ~~eligible for medicaid for the amount of time provided~~	46022
~~by division (B) of this section~~:	46023

~~(1)~~(A) The individual is the parent of a child under nineteen	46024
years of age and resides with the child;	46025

~~(2) The~~(B) Subject to an executive order issued under	46026
section 5111.0120 of the Revised Code, the individual's family	46027
income does not exceed ninety per cent of the federal poverty	46028
guidelines;	46029

~~(3)~~(C) The individual is not otherwise eligible for medicaid;

46030

~~(4)~~(D) The individual satisfies all relevant requirements	46031
established by rules adopted under division (D) of section 5111.01	46032
of the Revised Code.	46033

~~(B) An individual is eligible to receive medicaid under this~~	46034
~~section for a period that does not exceed two years beginning on~~	46035
~~the date on which eligibility is established.~~	46036

Sec. 5111.0111. (A) The director of job and family services	46037
~~may~~shall submit to the United States secretary of health and	46038
human services an amendment to the state medicaid plan to	46039
implement 42 U.S.C. 1396a (a)(10)(A)(ii)(XVII) to make an	46040
individual ~~receiving~~who meets all of the following requirements	46041
eligible for medicaid:	46042

(1) The individual is under twenty-one years of age;

46043

(2) The individual was in foster care under the	46044
responsibility of the state on the individual's eighteenth	46045
birthday;	46046

(3) Foster care maintenance payments or independent living	46047
services ~~pursuant to sections 2151.81 to 2151.84 of the Revised~~	46048
~~Code eligible for medicaid~~were furnished under a program funded	46049
under Title IV-E of the Social Security Act of 1935 on the	46050
individual's behalf before the individual attained eighteen years	46051
of age;	46052

(4) The individual meets all other applicable eligibility	46053
requirements established in rules adopted under section 5111.011	46054
of the Revised Code. If	46055

(B) If approved by the United States secretary of health and	46056
human services, the director of job and family services shall	46057
implement the medicaid plan amendment submitted under this section	46058
beginning January 1, 2008.	46059

Sec. 5111.0112. (A) ~~Not later than July 1, 2006, the~~The	46060
director of job and family services shall institute a ~~copayment~~	46061
cost-sharing program under the medicaid program. ~~To the extent~~	46062
~~permitted by federal law, the copayment~~In instituting the	46063
cost-sharing program, the director shall comply with federal law.	46064
The cost-sharing program shall establish a copayment requirement	46065
for ~~only~~at least dental services, vision services, nonemergency	46066
emergency department services, and prescription drugs, other than	46067
generic drugs. The cost-sharing program shall establish	46068
requirements regarding premiums, enrollment fees, deductions, and	46069
similar charges. The director shall adopt rules under section	46070
5111.02 of the Revised Code governing the copayment program.	46071

(B) The ~~copayment~~cost-sharing program shall, to the extent	46072
permitted by federal law, provide for all of the following with	46073
regard to any providers participating in the medicaid program:	46074

(1) No provider shall refuse to provide a service to a	46075
medicaid recipient who is unable to pay a required copayment for	46076
the service.	46077

(2) Division (B)(1) of this section shall not be considered	46078
to do either of the following with regard to a medicaid recipient	46079
who is unable to pay a required copayment:	46080

(a) Relieve the medicaid recipient from the obligation to pay	46081
a copayment;	46082

(b) Prohibit the provider from attempting to collect an	46083
unpaid copayment.	46084

(3) Except as provided in division (C) of this section, no	46085
provider shall waive a medicaid recipient's obligation to pay the	46086
provider a copayment.	46087

(4) No provider or drug manufacturer, including the	46088
manufacturer's representative, employee, independent contractor,	46089
or agent, shall pay any copayment on behalf of a medicaid	46090
recipient.	46091

(5) If it is the routine business practice of the provider to	46092
refuse service to any individual who owes an outstanding debt to	46093
the provider, the provider may consider an unpaid copayment	46094
imposed by the ~~copayment~~cost-sharing program as an outstanding	46095
debt and may refuse service to a medicaid recipient who owes the	46096
provider an outstanding debt. If the provider intends to refuse	46097
service to a medicaid recipient who owes the provider an	46098
outstanding debt, the provider shall notify the individual of the	46099
provider's intent to refuse services.	46100

(C) In the case of a provider that is a hospital, the	46101
~~copayment~~cost-sharing program shall permit the hospital to take	46102
action to collect a copayment by providing, at the time services	46103
are rendered to a medicaid recipient, notice that a copayment may	46104
be owed. If the hospital provides the notice and chooses not to	46105
take any further action to pursue collection of the copayment, the	46106
prohibition against waiving copayments specified in division	46107
(B)(3) of this section does not apply.	46108

(D) The department of job and family services may work with a	46109
state agency that is administering, pursuant to a contract entered	46110
into under section 5111.91 of the Revised Code, one or more	46111
components of the medicaid program or one or more aspects of a	46112
component as necessary for the state agency to apply the	46113
cost-sharing program to the components or aspects of the medicaid	46114
program that the state agency administers.	46115

Sec. 5111.0120. The governor may issue an executive order	46116
lowering, but not increasing, the income eligibility limit for one	46117
or more components of the medicaid program. The governor may not	46118
lower the income eligibility limit for a component below an amount	46119
permitted by federal law. If the governor issues such an executive	46120
order for a medicaid component, the income eligibility for the	46121
component may not be restored to its previous level except by act	46122
of the general assembly.	46123

Sec. 5111.0121. To the extent permitted by federal law, and	46124
beginning July 1, 2009, applications for the medicaid program	46125
shall be submitted through the internet or by other electronic	46126
means.	46127

The director of job and family services shall adopt rules	46128
under Chapter 119. of the Revised Code, as necessary, to implement	46129
this section. At a minimum, the director must adopt rules that	46130
specify measures county departments of job and family services	46131
must take to ensure that the applications can be transmitted and	46132
received in a manner that maintains the confidentiality of	46133
information contained in them.	46134

Sec. 5111.023. (A) As used in this section:

46135

(1) "Community mental health facility" means a community	46136
mental health facility that has a quality assurance program	46137
accredited by the joint commission on accreditation of healthcare	46138
organizations or is certified by the department of mental health	46139
or department of job and family services.	46140

(2) "Mental health professional" means a person qualified to	46141
work with mentally ill persons under the standards established by	46142
the director of mental health pursuant to section 5119.611 of the	46143
Revised Code.	46144

(B) The state medicaid plan shall include provision of the	46145
following mental health services when provided by community mental	46146
health facilities:	46147

(1) Outpatient mental health services, including, but not	46148
limited to, preventive, diagnostic, therapeutic, rehabilitative,	46149
and palliative interventions rendered to individuals in an	46150
individual or group setting by a mental health professional in	46151
accordance with a plan of treatment appropriately established,	46152
monitored, and reviewed;	46153

(2) Partial-hospitalization mental health services ~~of three~~	46154
~~to fourteen hours per service day,~~ rendered by persons directly	46155
supervised by a mental health professional;	46156

(3) Unscheduled, emergency mental health services of a kind	46157
ordinarily provided to persons in crisis when rendered by persons	46158
supervised by a mental health professional;	46159

(4) Subject to receipt of federal approval, assertive	46160
community treatment and intensive home-based mental health	46161
services.	46162

(C) The comprehensive annual plan shall certify the	46163
availability of sufficient unencumbered community mental health	46164
state subsidy and local funds to match federal medicaid	46165
reimbursement funds earned by community mental health facilities.	46166

(D) The department of job and family services shall enter	46167
into a separate contract with the department of mental health	46168
under section 5111.91 of the Revised Code with regard to the	46169
component of the medicaid program provided for by this section.	46170

(E) Not later than July 21, 2006, the department of job and	46171
family services shall request federal approval to provide	46172
assertive community treatment and intensive home-based mental	46173
health services under medicaid pursuant to this section.	46174

(F) On receipt of federal approval sought under division (E)	46175
of this section, the director of job and family services shall	46176
adopt rules in accordance with Chapter 119. of the Revised Code	46177
for assertive community treatment and intensive home-based mental	46178
health services provided under medicaid pursuant to this section.	46179
The director shall consult with the department of mental health in	46180
adopting the rules.	46181

Sec. 5111.028. (A) Pursuant to section 5111.02 of the Revised	46182
Code, the director of job and family services shall adopt rules	46183
establishing the use of time-limited provider agreements under the	46184
medicaid program. Under the rules, each provider agreement shall	46185
expire three years from the effective date of the agreement.	46186

(B) The rules for use of time-limited provider agreements	46187
shall include a process for re-enrollment of providers. All of the	46188
following apply to the re-enrollment process:	46189

(1) The department may terminate a time-limited provider	46190
agreement or deny re-enrollment when a provider fails to file an	46191
application for re-enrollment within the time and in the manner	46192
required under the re-enrollment process.	46193

(2) If a provider files an application for re-enrollment	46194
within the time and in the manner required under the re-enrollment	46195
process, but the provider agreement expires before the department	46196
acts on the application or before the effective date of the	46197
department's decision on the application, the provider may	46198
continue operating under the terms of the expired provider	46199
agreement until the effective date of the department's decision.	46200

(3) A decision by the department to approve an application	46201
for re-enrollment becomes effective on the date of the	46202
department's decision. A decision by the department to deny	46203
re-enrollment shall take effect not sooner than thirty days after	46204
the date the department mails written notice of the decision to	46205
the provider. The department shall specify in the notice the date	46206
on which the provider is required to cease operating under the	46207
provider agreement.	46208

(C) Pursuant to section 5111.06 of the Revised Code, the	46209
department is not required to take the actions specified in	46210
division (B)(1) of this section by issuing an order pursuant to an	46211
adjudication conducted in accordance with Chapter 119. of the	46212
Revised Code.	46213

Sec. 5111.029. The medicaid program shall cover occupational	46214
therapy services provided by an occupational therapist licensed	46215
under section 4755.08 of the Revised Code. Coverage shall not be	46216
limited to services provided in a hospital or nursing facility.	46217
Any licensed occupational therapist may enter into a medicaid	46218
provider agreement with the department of job and family services	46219
to provide occupational therapy services under the medicaid	46220
program.	46221

Sec. 5111.03. (A) No provider of services or goods	46222
contracting with the department of job and family services	46223
pursuant to the medicaid program shall, by deception, obtain or	46224
attempt to obtain payments under this chapter to which the	46225
provider is not entitled pursuant to the provider agreement, or	46226
the rules of the federal government or the department of job and	46227
family services relating to the program. No provider shall	46228
willfully receive payments to which the provider is not entitled,	46229
or willfully receive payments in a greater amount than that to	46230
which the provider is entitled; nor shall any provider falsify any	46231
report or document required by state or federal law, rule, or	46232
provider agreement relating to medicaid payments. As used in this	46233
section, a provider engages in "deception" when the provider,	46234
acting with actual knowledge of the representation or information	46235
involved, acting in deliberate ignorance of the truth or falsity	46236
of the representation or information involved, or acting in	46237
reckless disregard of the truth or falsity of the representation	46238
or information involved, deceives another or causes another to be	46239
deceived by any false or misleading representation, by withholding	46240
information, by preventing another from acquiring information, or	46241
by any other conduct, act, or omission that creates, confirms, or	46242
perpetuates a false impression in another, including a false	46243
impression as to law, value, state of mind, or other objective or	46244
subjective fact. No proof of specific intent to defraud is	46245
required to show, for purposes of this section, that a provider	46246
has engaged in deception.	46247

(B) Any provider who violates division (A) of this section	46248
shall be liable, in addition to any other penalties provided by	46249
law, for all of the following civil penalties:	46250

(1) Payment of interest on the amount of the excess payments	46251
at the maximum interest rate allowable for real estate mortgages	46252
under section 1343.01 of the Revised Code on the date the payment	46253
was made to the provider for the period from the date upon which	46254
payment was made, to the date upon which repayment is made to the	46255
state;	46256

(2) Payment of an amount equal to three times the amount of	46257
any excess payments;	46258

(3) Payment of a sum of not less than five thousand dollars	46259
and not more than ten thousand dollars for each deceptive claim or	46260
falsification;	46261

(4) All reasonable expenses which the court determines have	46262
been necessarily incurred by the state in the enforcement of this	46263
section.	46264

(C) As used in this division, "intermediate care facility for	46265
the mentally retarded" and "nursing facility" have the same	46266
meanings given in section 5111.20 of the Revised Code.	46267

In addition to the civil penalties provided in division (B)	46268
of this section, the director of job and family services, upon the	46269
conviction of, or the entry of a judgment in either a criminal or	46270
civil action against, a medicaid provider or its owner, officer,	46271
authorized agent, associate, manager, or employee in an action	46272
brought pursuant to section 109.85 of the Revised Code, shall	46273
terminate the provider agreement between the department and the	46274
provider and stop reimbursement to the provider for services	46275
rendered ~~for a period of up to five years~~ from the date of	46276
conviction or entry of judgment. As used in this ~~chapter~~division,	46277
"owner" means any person having at least five per cent ownership	46278
in the medicaid provider. No such provider, owner, officer,	46279
authorized agent, associate, manager, or employee shall own or	46280
provide services to any other medicaid provider or risk contractor	46281
or arrange for, render, or order services for medicaid recipients	46282
~~during the period of termination as provided in division (C) of~~	46283
~~this section~~, nor~~, during the period of termination as provided in~~	46284
~~division (C) of this section,~~ shall such provider, owner, officer,	46285
authorized agent, associate, manager, or employee receive	46286
reimbursement in the form of direct payments from the department	46287
or indirect payments of medicaid funds in the form of salary,	46288
shared fees, contracts, kickbacks, or rebates from or through any	46289
participating provider or risk contractor. The provider agreement	46290
shall not be terminated or reimbursement terminated if the	46291
provider or owner can demonstrate that the provider or owner did	46292
not directly or indirectly sanction the action of its authorized	46293
agent, associate, manager, or employee that resulted in the	46294
conviction or entry of a judgment in a criminal or civil action	46295
brought pursuant to section 109.85 of the Revised Code. Nothing in	46296
this division prohibits any owner, officer, authorized agent,	46297
associate, manager, or employee of a medicaid provider from	46298
entering into a medicaid provider agreement if the person can	46299
demonstrate that the person had no knowledge of an action of the	46300
medicaid provider the person was formerly associated with that	46301
resulted in the conviction or entry of a judgment in a criminal or	46302
civil action brought pursuant to section 109.85 of the Revised	46303
Code.	46304

Nursing facility or intermediate care facility for the	46305
mentally retarded providers whose agreements are terminated	46306
pursuant to this section may continue to receive reimbursement for	46307
up to thirty days after the effective date of the termination if	46308
the provider makes reasonable efforts to transfer recipients to	46309
another facility or to alternate care and if federal funds are	46310
provided for such reimbursement.	46311

(D) For any reason permitted or required by federal law, the	46312
director of job and family services may deny a provider agreement	46313
or terminate a provider agreement.	46314

For any reason permitted or required by federal law, the	46315
director may exclude an individual, provider of services or goods,	46316
or other entity from participation in the medicaid program. No	46317
individual, provider, or entity excluded under this division shall	46318
own or provide services to any other medicaid provider or risk	46319
contractor or arrange for, render, or order services for medicaid	46320
recipients during the period of exclusion, nor, during the period	46321
of exclusion, shall such individual, provider, or entity receive	46322
reimbursement in the form of direct payments from the department	46323
or indirect payments of medicaid funds in the form of salary,	46324
shared fees, contracts, kickbacks, or rebates from or through any	46325
participating provider or risk contractor. An excluded individual,	46326
provider, or entity may request a reconsideration of the	46327
exclusion. The director shall adopt rules in accordance with	46328
Chapter 119. of the Revised Code governing the process for	46329
requesting a reconsideration.	46330

Nothing in this division limits the applicability of section	46331
5111.06 of the Revised Code to a medicaid provider.	46332

(E) Any provider of services or goods contracting with the	46333
department of job and family services pursuant to Title XIX of the	46334
"Social Security Act," who, without intent, obtains payments under	46335
this chapter in excess of the amount to which the provider is	46336
entitled, thereby becomes liable for payment of interest on the	46337
amount of the excess payments at the maximum real estate mortgage	46338
rate on the date the payment was made to the provider for the	46339
period from the date upon which payment was made to the date upon	46340
which repayment is made to the state.	46341

~~(E)~~(F) The attorney general on behalf of the state may	46342
commence proceedings to enforce this section in any court of	46343
competent jurisdiction; and the attorney general may settle or	46344
compromise any case brought under this section with the approval	46345
of the department of job and family services. Notwithstanding any	46346
other provision of law providing a shorter period of limitations,	46347
the attorney general may commence a proceeding to enforce this	46348
section at any time within six years after the conduct in	46349
violation of this section terminates.	46350

~~(F)~~(G) The authority, under state and federal law, of the	46351
department of job and family services or a county department of	46352
job and family services to recover excess payments made to a	46353
provider is not limited by the availability of remedies under	46354
sections 5111.11 and 5111.12 of the Revised Code for recovering	46355
benefits paid on behalf of recipients of medical assistance.	46356

The penalties under this chapter apply to any overpayment,	46357
billing, or falsification occurring on and after April 24, 1978.	46358
All moneys collected by the state pursuant to this section shall	46359
be deposited in the state treasury to the credit of the general	46360
revenue fund.	46361

Sec. 5111.031. (A) As used in this section:

46362

(1) "Independent provider" has the same meaning as in section	46363
5111.034 of the Revised Code.	46364

(2) "Intermediate care facility for the mentally retarded"	46365
and "nursing facility" have the same meanings as in section	46366
5111.20 of the Revised Code.	46367

(3) "Noninstitutional medicaid provider" means any person or	46368
entity with a medicaid provider agreement other than a hospital,	46369
nursing facility, or intermediate care facility for the mentally	46370
retarded.	46371

(4) "Owner" means any person having at least five per cent	46372
ownership in a noninstitutional medicaid provider.	46373

(B) Notwithstanding any provision of this chapter to the	46374
contrary, the department of job and family services shall take	46375
action under this section against a noninstitutional medicaid	46376
provider or its owner, officer, authorized agent, associate,	46377
manager, or employee.	46378

(C) Except as provided in division (D) of this section and in	46379
rules adopted by the department under division (H) of this	46380
section, on receiving notice and a copy of an indictment that is	46381
issued on or after the effective date of this section and charges	46382
a noninstitutional medicaid provider or its owner, officer,	46383
authorized agent, associate, manager, or employee with committing	46384
an offense specified in division (E) of this section, the	46385
department shall suspend the provider agreement held by the	46386
noninstitutional medicaid provider. Subject to division (D) of	46387
this section, the department shall also terminate medicaid	46388
reimbursement to the provider for services rendered.	46389

The suspension shall continue in effect until the proceedings	46390
in the criminal case are completed through conviction, dismissal	46391
of the indictment, plea, or finding of not guilty. If the	46392
department commences a process to terminate the suspended provider	46393
agreement, the suspension shall continue in effect until the	46394
termination process is concluded. Pursuant to section 5111.06 of	46395
the Revised Code, the department is not required to take action	46396
under this division by issuing an order pursuant to an	46397
adjudication conducted in accordance with Chapter 119. of the	46398
Revised Code.	46399

When subject to a suspension under this division, a provider,	46400
owner, officer, authorized agent, associate, manager, or employee	46401
shall not own or provide services to any other medicaid provider	46402
or risk contractor or arrange for, render, or order services for	46403
medicaid recipients during the period of suspension. During the	46404
period of suspension, the provider, owner, officer, authorized	46405
agent, associate, manager, or employee shall not receive	46406
reimbursement in the form of direct payments from the department	46407
or indirect payments of medicaid funds in the form of salary,	46408
shared fees, contracts, kickbacks, or rebates from or through any	46409
participating provider or risk contractor.	46410

(D)(1) The department shall not suspend a provider agreement	46411
or terminate medicaid reimbursement under division (C) of this	46412
section if the provider or owner can demonstrate that the provider	46413
or owner did not directly or indirectly sanction the action of its	46414
authorized agent, associate, manager, or employee that resulted in	46415
the indictment.	46416

(2) The termination of medicaid reimbursement applies only to	46417
payments for medicaid services rendered subsequent to the date on	46418
which the notice required under division (F) of this section is	46419
sent. Claims for reimbursement for medicaid services rendered by	46420
the provider prior to the issuance of the notice may be subject to	46421
prepayment review procedures whereby the department reviews claims	46422
to determine whether they are supported by sufficient	46423
documentation, are in compliance with state and federal statutes	46424
and rules, and are otherwise complete.	46425

(E)(1) In the case of a noninstitutional medicaid provider	46426
that is not an independent provider, the suspension of a provider	46427
agreement under division (C) of this section applies when an	46428
indictment charges a person with committing an act that would be a	46429
felony or misdemeanor under the laws of this state and the act	46430
relates to or results from either of the following:	46431

(a) Furnishing or billing for medical care, services, or	46432
supplies under the medicaid program;	46433

(b) Participating in the performance of management or	46434
administrative services relating to furnishing medical care,	46435
services, or supplies under the medicaid program.	46436

(2) In the case of a noninstitutional medicaid provider that	46437
is an independent provider, the suspension of a provider agreement	46438
under division (C) of this section applies when an indictment	46439
charges a person with committing an act that would constitute one	46440
of the offenses specified in division (D) of section 5111.034 of	46441
the Revised Code.	46442

(F) Not later than five days after suspending a provider	46443
agreement under division (C) of this section, the department shall	46444
send notice of the suspension to the affected provider or owner.	46445
In providing the notice, the department shall do all of the	46446
following:	46447

(1) Describe the indictment that was the cause of the	46448
suspension, without necessarily disclosing specific information	46449
concerning any ongoing civil or criminal investigation;	46450

(2) State that the suspension will continue in effect until	46451
the proceedings in the criminal case are completed through	46452
conviction, dismissal of the indictment, plea, or finding of not	46453
guilty and, if the department commences a process to terminate the	46454
suspended provider agreement, until the termination process is	46455
concluded;	46456

(3) Inform the provider or owner of the opportunity to submit	46457
to the department, not later than thirty days after receiving the	46458
notice, a request for a reconsideration pursuant to division (G)	46459
of this section.	46460

(G)(1) A noninstitutional medicaid provider or owner subject	46461
to a suspension under this section may request a reconsideration.	46462
The request shall be made not later than thirty days after receipt	46463
of the notice provided under division (F) of this section. The	46464
reconsideration is not subject to an adjudication hearing pursuant	46465
to Chapter 119. of the Revised Code.	46466

(2) In requesting a reconsideration, the provider or owner	46467
shall submit written information and documents to the department.	46468
The information and documents may pertain to any of the following	46469
issues:	46470

(a) Whether the determination to suspend the provider	46471
agreement was based on a mistake of fact, other than the validity	46472
of the indictment;	46473

(b) Whether any offense charged in the indictment resulted	46474
from an offense specified in division (E) of this section;	46475

(c) Whether the provider or owner can demonstrate that the	46476
provider or owner did not directly or indirectly sanction the	46477
action of its authorized agent, associate, manager, or employee	46478
that resulted in the indictment.	46479

(3) The department shall review the information and documents	46480
submitted in a request for reconsideration. After the review, the	46481
suspension may be affirmed, reversed, or modified, in whole or in	46482
part. The department shall notify the affected provider or owner	46483
of the results of the review. The review and notification of its	46484
results shall be completed not later than forty-five days after	46485
receiving the information and documents submitted in a request for	46486
reconsideration.	46487

(H) The department may adopt rules in accordance with Chapter	46488
119. of the Revised Code to implement this section. The rules may	46489
specify circumstances under which the department would not suspend	46490
a provider agreement pursuant to this section.	46491

Sec. 5111.032. (A) As used in this section:

46492

(1) "Criminal records check" has the same meaning as in	46493
section 109.572 of the Revised Code.	46494

(2) "Department" includes a designee of the department of job	46495
and family services.	46496

(3) "Owner" means a person who has an ownership interest in a	46497
provider in an amount designated by the department of job and	46498
family services in rules adopted under this section.	46499

(4) "Provider" means a person, institution, or entity that	46500
has a provider agreement with the department of job and family	46501
services pursuant to Title XIX of the "Social Security Act," 49	46502
State. 620 (1965), 42 U.S.C. 1396, as amended.	46503

(B)(1) Except as provided in division (B)(2) of this section,	46504
the department of job and family services may require that any	46505
provider, applicant to be a provider, employee or prospective	46506
employee of a provider, owner or prospective owner of a provider,	46507
officer or prospective officer of a provider, or board member or	46508
prospective board member of a provider submit to a criminal	46509
records check as a condition of obtaining a provider agreement,	46510
continuing to hold a provider agreement, being employed by a	46511
provider, having an ownership interest in a provider, or being an	46512
officer or board member of a provider. The department may	46513
designate the categories of persons who are subject to the	46514
criminal records check requirement. The department shall designate	46515
the times at which the criminal records checks must be conducted.	46516

(2) The section does not apply to providers, applicants to be	46517
providers, employees of a provider, or prospective employees of a	46518
provider who are subject to criminal records checks under section	46519
5111.033 or 5111.034 of the Revised Code.	46520

(C)(1) The department shall inform each provider or applicant	46521
to be a provider whether the provider or applicant is subject to a	46522
criminal records check requirement under division (B) of this	46523
section. For providers, the information shall be given at times	46524
designated in rules adopted under this section. For applicants to	46525
be providers, the information shall be given at the time of	46526
initial application. When the information is given, the department	46527
shall specify which of the provider's or applicant's employees or	46528
prospective employees, owners or prospective owners, officers or	46529
prospective officers, or board members or prospective board	46530
members are subject to the criminal records check requirement.	46531

(2) At times designated in rules adopted under this section,	46532
a provider that is subject to the criminal records check	46533
requirement shall inform each person specified by the department	46534
under division (C)(1) of this section that the person is required,	46535
as applicable, to submit to a criminal records check for final	46536
consideration for employment in a full-time, part-time, or	46537
temporary position; as a condition of continued employment; or as	46538
a condition of becoming or continuing to be an officer, board	46539
member or owner of a provider.	46540

(D)(1) If a provider or applicant to be a provider is subject	46541
to a criminal records check under this section, the department	46542
shall require the conduct of a criminal records check by the	46543
superintendent of the bureau of criminal identification and	46544
investigation. If a provider or applicant to be a provider for	46545
whom a criminal records check is required does not present proof	46546
of having been a resident of this state for the five-year period	46547
immediately prior to the date the criminal records check is	46548
requested or provide evidence that within that five-year period	46549
the superintendent has requested information about the individual	46550
from the federal bureau of investigation in a criminal records	46551
check, the department shall require the provider or applicant to	46552
request that the superintendent obtain information from the	46553
federal bureau of investigation as part of the criminal records	46554
check of the provider or applicant. Even if a provider or	46555
applicant for whom a criminal records check request is required	46556
presents proof of having been a resident of this state for the	46557
five-year period, the department may require that the provider or	46558
applicant request that the superintendent obtain information from	46559
the federal bureau of investigation and include it in the criminal	46560
records check of the provider or applicant.	46561

(2) A provider shall require the conduct of a criminal	46562
records check by the superintendent with respect to each of the	46563
persons specified by the department under division (C)(1) of this	46564
section. If the person for whom a criminal records check is	46565
required does not present proof of having been a resident of this	46566
state for the five-year period immediately prior to the date the	46567
criminal records check is requested or provide evidence that	46568
within that five-year period the superintendent of the bureau of	46569
criminal identification and investigation has requested	46570
information about the individual from the federal bureau of	46571
investigation in a criminal records check, the individual shall	46572
request that the superintendent obtain information from the	46573
federal bureau of investigation as part of the criminal records	46574
check of the individual. Even if an individual for whom a criminal	46575
records check request is required presents proof of having been a	46576
resident of this state for the five-year period, the department	46577
may require the provider to request that the superintendent obtain	46578
information from the federal bureau of investigation and include	46579
it in the criminal records check of the person.	46580

(E)(1) Criminal records checks required under this section	46581
for providers or applicants to be providers shall be obtained as	46582
follows:	46583

(a) The department shall provide each provider or applicant	46584
information about accessing and completing the form prescribed	46585
pursuant to division (C)(1) of section 109.572 of the Revised Code	46586
and the standard fingerprint impression sheet prescribed pursuant	46587
to division (C)(2) of that section.	46588

(b) The provider or applicant shall submit the required form	46589
and one complete set of fingerprint impressions directly to the	46590
superintendent for purposes of conducting the criminal records	46591
check using the applicable methods prescribed by division (C) of	46592
section 109.572 of the Revised Code. The applicant or provider	46593
shall pay all fees associated with obtaining the criminal records	46594
check.	46595

(c) The superintendent shall conduct the criminal records	46596
check in accordance with section 109.572 of the Revised Code. The	46597
provider or applicant shall instruct the superintendent to submit	46598
the report of the criminal records check directly to the director	46599
of job and family services.	46600

(2) Criminal records checks required under this section for	46601
persons specified by the department under division (C)(1) of this	46602
section shall be obtained as follows:	46603

(a) The provider shall give to each person subject to	46604
criminal records check requirement information about accessing and	46605
completing the form prescribed pursuant to division (C)(1) of	46606
section 109.572 of the Revised Code and the standard fingerprint	46607
impression sheet prescribed pursuant to division (C)(2) of that	46608
section.	46609

(b) The person shall submit the required form and one	46610
complete set of fingerprint impressions directly to the	46611
superintendent for purposes of conducting the criminal records	46612
check using the applicable methods prescribed by division (C) of	46613
section 109.572 of the Revised Code. The person shall pay all fees	46614
associated with obtaining the criminal records check.	46615

(c) The superintendent shall conduct the criminal records	46616
check in accordance with section 109.572 of the Revised Code. The	46617
person subject to the criminal records check shall instruct the	46618
superintendent to submit the report of the criminal records check	46619
directly to the provider. The department may require the provider	46620
to submit the report to the department.	46621

(F) If a provider or applicant to be a provider is given the	46622
information specified in division (E)(1)(a) of this section but	46623
fails to obtain a criminal records check, the department shall, as	46624
applicable, terminate the provider agreement or deny the	46625
application to be a provider.	46626

If a person is given the information specified in division	46627
(E)(2)(a) of this section but fails to obtain a criminal records	46628
check, the provider shall not, as applicable, permit the person to	46629
be an employee, owner, officer, or board member of the provider.	46630

(G) Except as provided in rules adopted under division (J) of	46631
this section, the department shall terminate the provider	46632
agreement of a provider or the department shall not issue a	46633
provider agreement to an applicant if the provider or applicant is	46634
subject to a criminal records check under this section and the	46635
provider or applicant has been convicted of, has pleaded guilty	46636
to, or has been found eligible for intervention in lieu of	46637
conviction for any of the following:	46638

(1) A violation of section 2903.01, 2903.02, 2903.03,	46639
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	46640
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	46641
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	46642
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	46643
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	46644
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	46645
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	46646
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	46647
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	46648
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	46649
3716.11 of the Revised Code, felonious sexual penetration in	46650
violation of former section 2907.12 of the Revised Code, a	46651
violation of section 2905.04 of the Revised Code as it existed	46652
prior to July 1, 1996, a violation of section 2919.23 of the	46653
Revised Code that would have been a violation of section 2905.04	46654
of the Revised Code as it existed prior to July 1, 1996, had the	46655
violation been committed prior to that date;	46656

(2) An existing or former law of this state, any other state,	46657
or the United States that is substantially equivalent to any of	46658
the offenses listed in division (D)(1) of this section.	46659

(H)(1)(a) Except as provided in rules adopted under division	46660
(J) of this section and subject to division (H)(2) of this	46661
section, no provider shall permit a person to be an employee,	46662
owner, officer, or board member of the provider if the person is	46663
subject to a criminal records check under this section and the	46664
person has been convicted of, has pleaded guilty to, or has been	46665
found eligible for intervention in lieu of conviction for any of	46666
the offenses specified in division (G)(1) or (2) of this section.	46667

(b) No provider shall employ a person who has been excluded	46668
from participating in the medicaid program, the medicare program	46669
operated pursuant to Title XVIII of the "Social Security Act," or	46670
any other federal health care program.	46671

(2)(a) A provider may employ conditionally a person for whom	46672
a criminal records check is required under this section prior to	46673
obtaining the results of a criminal records check regarding the	46674
person, but only if the person submits a request for a criminal	46675
records check not later than five business days after the	46676
individual begins conditional employment.	46677

(b) A provider that employs a person conditionally under	46678
authority of division (H)(2)(a) of this section shall terminate	46679
the person's employment if the results of the criminal records	46680
check request are not obtained within the period ending sixty days	46681
after the date the request is made. Regardless of when the results	46682
of the criminal records check are obtained, if the results	46683
indicate that the individual has been convicted of, has pleaded	46684
guilty to, or has been found eligible for intervention in lieu of	46685
conviction for any of the offenses specified in division (G)(1) or	46686
(2) of this section, the provider shall terminate the person's	46687
employment unless the provider chooses to employ the individual	46688
pursuant to division (J) of this section.	46689

(I) The report of a criminal records check conducted pursuant	46690
to this section is not a public record for the purposes of section	46691
149.43 of the Revised Code and shall not be made available to any	46692
person other than the following:	46693

(1) The person who is the subject of the criminal records	46694
check or the person's representative;	46695

(2) The director of job and family services and the staff of	46696
the department in the administration of the medicaid program;	46697

(3) A court, hearing officer, or other necessary individual	46698
involved in a case dealing with the denial or termination of a	46699
provider agreement;	46700

(4) A court, hearing officer, or other necessary individual	46701
involved in a case dealing with a person's denial of employment,	46702
termination of employment, or employment or unemployment benefits.	46703

(J) The department may adopt rules in accordance with Chapter	46704
119. of the Revised Code to implement this section. The rules may	46705
specify circumstances under which the department may continue a	46706
provider agreement or issue a provider agreement to an applicant	46707
when the provider or applicant has been convicted of, has pleaded	46708
guilty to, or has been found eligible for intervention in lieu of	46709
conviction for any of the offenses specified in division (G)(1) or	46710
(2) of this section. The rules may also specify circumstances	46711
under which a provider may permit a person to be an employee,	46712
owner, officer, or board member of the provider, when the person	46713
has been convicted of, has pleaded guilty to, or has been found	46714
eligible for intervention in lieu of conviction for any of the	46715
offenses specified in division (G)(1) or (2) of this section.	46716

~~Sec. 5111.95.~~ Sec. 5111.033. (A) As used in this section:

46717

(1) "Applicant" means a person who is under final	46718
consideration for employment or, after ~~the effective date of this~~	46719
~~section~~September 26, 2003, an existing employee with a waiver	46720
agency in a full-time, part-time, or temporary position that	46721
involves providing home and community-based waiver services to a	46722
person with disabilities. "Applicant" also means an existing	46723
employee with a waiver agency in a full-time, part-time, or	46724
temporary position that involves providing home and	46725
community-based waiver services to a person with disabilities	46726
after ~~the effective date of this section~~September 26, 2003.	46727

(2) "Criminal records check" has the same meaning as in	46728
section 109.572 of the Revised Code.	46729

(3) "Waiver agency" means a person or government entity that	46730
is not certified under the medicare program and is accredited by	46731
the community health accreditation program or the joint commission	46732
on accreditation of health care organizations or a company that	46733
provides home and community-based waiver services to persons with	46734
disabilities through department of job and family services	46735
administered home and community-based waiver programs.	46736

(4) "Home and community-based waiver services" means services	46737
furnished under the provision of 42 C.F.R. 441, subpart G, that	46738
permit individuals to live in a home setting rather than a nursing	46739
facility or hospital. Home and community-based waiver services are	46740
approved by the centers for medicare and medicaid for specific	46741
populations and are not otherwise available under the medicaid	46742
state plan.	46743

(B)(1) The chief administrator of a waiver agency shall	46744
require each applicant to request that the superintendent of the	46745
bureau of criminal identification and investigation conduct a	46746
criminal records check with respect to ~~each~~the applicant. If an	46747
applicant for whom a criminal records check request is required	46748
under this division does not present proof of having been a	46749
resident of this state for the five-year period immediately prior	46750
to the date the criminal records check is requested or provide	46751
evidence that within that five-year period the superintendent has	46752
requested information about the applicant from the federal bureau	46753
of investigation in a criminal records check, the chief	46754
administrator shall require the applicant to request that the	46755
superintendent obtain information from the federal bureau of	46756
investigation as part of the criminal records check of the	46757
applicant. Even if an applicant for whom a criminal records check	46758
request is required under this division presents proof of having	46759
been a resident of this state for the five-year period, the chief	46760
administrator may require the applicant to request that the	46761
superintendent include information from the federal bureau of	46762
investigation in the criminal records check.	46763

(2) ~~A person required by division (B)(1) of this section to~~	46764
~~request a criminal records check~~The chief administrator shall do	46765
~~both of~~provide the following:	46766

~~(a) Provide~~ to each applicant for whom a criminal records	46767
check request is required under division (B)(1) of this section a	46768
~~copy of~~:	46769

(a) Information about accessing, completing, and forwarding	46770
to the superintendent of the bureau of criminal identification and	46771
investigation the form prescribed pursuant to division (C)(1) of	46772
section 109.572 of the Revised Code and athe standard fingerprint	46773
impression sheet prescribed pursuant to division (C)(2) of that	46774
section~~, and obtain the completed form and impression sheet from~~	46775
~~the applicant~~;	46776

(b) ~~Forward the completed form and impression sheet to the~~	46777
~~superintendent of the bureau of criminal identification and~~	46778
~~investigation~~Written notification that the applicant is to	46779
instruct the superintendent to submit the completed report of the	46780
criminal records check directly to the chief administrator.	46781

(3) An applicant ~~provided the form and fingerprint impression~~	46782
~~sheet under division (B)(2)(a) of this section who fails to~~	46783
~~complete the form or provide fingerprint impressions~~given	46784
information and notification under divisions (B)(2)(a) and (b) of	46785
this section who fails to access, complete, and forward to the	46786
superintendent the form or the standard fingerprint impression	46787
sheet, or who fails to instruct the superintendent to submit the	46788
completed report of the criminal records check directly to the	46789
chief administrator, shall not be employed in any position in a	46790
waiver agency for which a criminal records check is required by	46791
this section.	46792

(C)(1) Except as provided in rules adopted by the department	46793
of job and family services in accordance with division (F) of this	46794
section and subject to division (C)(2) of this section, no waiver	46795
agency shall employ a person in a position that involves providing	46796
home and community-based waiver services to persons with	46797
disabilities if the person has been convicted of or, has pleaded	46798
guilty to, or has been found eligible for intervention in lieu of	46799
conviction for any of the following:	46800

(a) A violation of section 2903.01, 2903.02, 2903.03,	46801
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	46802
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	46803
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	46804
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	46805
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	46806
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	46807
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	46808
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	46809
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	46810
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	46811
3716.11 of the Revised Code, felonious sexual penetration in	46812
violation of former section 2907.12 of the Revised Code, a	46813
violation of section 2905.04 of the Revised Code as it existed	46814
prior to July 1, 1996, a violation of section 2919.23 of the	46815
Revised Code that would have been a violation of section 2905.04	46816
of the Revised Code as it existed prior to July 1, 1996, had the	46817
violation been committed prior to that date;	46818

(b) An existing or former law of this state, any other state,	46819
or the United States that is substantially equivalent to any of	46820
the offenses listed in division (C)(1)(a) of this section.	46821

(2)(a) A waiver agency may employ conditionally an applicant	46822
for whom a criminal records check request is required under	46823
division (B) of this section prior to obtaining the results of a	46824
criminal records check regarding the individual, provided that the	46825
agency shall require the individual to request a criminal records	46826
check regarding the individual in accordance with division (B)(1)	46827
of this section not later than five business days after the	46828
individual begins conditional employment.	46829

(b) A waiver agency that employs an individual conditionally	46830
under authority of division (C)(2)(a) of this section shall	46831
terminate the individual's employment if the results of the	46832
criminal records check request under division (B) of this section,	46833
other than the results of any request for information from the	46834
federal bureau of investigation, are not obtained within the	46835
period ending sixty days after the date the request is made.	46836
Regardless of when the results of the criminal records check are	46837
obtained, if the results indicate that the individual has been	46838
convicted of or, has pleaded guilty to, or has been found eligible	46839
for intervention in lieu of conviction for any of the offenses	46840
listed or described in division (C)(1) of this section, the agency	46841
shall terminate the individual's employment unless the agency	46842
chooses to employ the individual pursuant to division (F) of this	46843
section.	46844

(D)(1) ~~Each waiver agency shall pay to the bureau of criminal~~	46845
~~identification and investigation the~~The fee prescribed pursuant	46846
to division (C)(3) of section 109.572 of the Revised Code for each	46847
criminal records check conducted pursuant to a request made under	46848
division (B) of this section shall be paid to the bureau of	46849
criminal identification and investigation by the applicant or the	46850
waiver agency.	46851

(2) AIf a waiver agency pays the fee, it may charge anthe	46852
applicant a fee not exceeding the amount the agency pays under	46853
division (D)(1) of this section. An agency may collect a fee only	46854
if the agency notifies the person at the time of initial	46855
application for employment of the amount of the fee and that,	46856
unless the fee is paid, the person will not be considered for	46857
employment.	46858

(E) The report of any criminal records check conducted	46859
pursuant to a request made under this section is not a public	46860
record for the purposes of section 149.43 of the Revised Code and	46861
shall not be made available to any person other than the	46862
following:	46863

(1) The individual who is the subject of the criminal records	46864
check or the individual's representative;	46865

(2) The chief administrator of the agency requesting the	46866
criminal records check or the administrator's representative;	46867

(3) An administrator at the department;

46868

(4) A court, hearing officer, or other necessary individual	46869
involved in a case dealing with a denial of employment of the	46870
applicant or dealing with employment or unemployment benefits of	46871
the applicant.	46872

(F) The department shall adopt rules in accordance with	46873
Chapter 119. of the Revised Code to implement this section. The	46874
rules shall specify circumstances under which a waiver agency may	46875
employ a person who has been convicted of or, has pleaded guilty	46876
to, or has been found eligible for intervention in lieu of	46877
conviction for an offense listed or described in division (C)(1)	46878
of this section ~~but meets personal character standards set by the~~	46879
~~department~~.	46880

(G) The chief administrator of a waiver agency shall inform	46881
each person, at the time of initial application for a position	46882
that involves providing home and community-based waiver services	46883
to a person with a disability, that the person is required to	46884
provide a set of fingerprint impressions and that a criminal	46885
records check is required to be conducted if the person comes	46886
under final consideration for employment.	46887

(H)(1) A person who, on ~~the effective date of this section~~	46888
September 26, 2003, is an employee of a waiver agency in a	46889
full-time, part-time, or temporary position that involves	46890
providing home and community-based waiver services to a person	46891
with disabilities shall comply with this section within sixty days	46892
after ~~the effective date of this section~~September 26, 2003,	46893
unless division (H)(2) of this section applies.	46894

(2) This section shall not apply to a person to whom all of	46895
the following apply:	46896

(a) On ~~the effective date of this section~~September 26, 2003,	46897
the person is an employee of a waiver agency in a full-time,	46898
part-time, or temporary position that involves providing home and	46899
community-based waiver services to a person with disabilities.	46900

(b) The person previously had been the subject of a criminal	46901
background check relating to that position;	46902

(c) The person has been continuously employed in that	46903
position since that criminal background check had been conducted.	46904

~~Sec. 5111.96.~~ Sec. 5111.034. (A) As used in this section:

46905

(1) "Anniversary date" means the later of the effective date	46906
of the provider agreement relating to the independent provider or	46907
sixty days after ~~the effective date of this section~~September 26,	46908
2003.	46909

(2) "Criminal records check" has the same meaning as in	46910
section 109.572 of the Revised Code.	46911

(3) "~~The department~~Department" ~~means~~includes a designee of	46912
the department of job and family services ~~or its designee~~.	46913

(4) "Independent provider" means a person who is submitting	46914
an application for a provider agreement or who has a provider	46915
agreement as an independent provider in a department of job and	46916
family services administered home and community-based services	46917
program providing home and community-based waiver services to	46918
consumers with disabilities.	46919

(5) "Home and community-based waiver services" has the same	46920
meaning as in section ~~5111.95~~5111.033 of the Revised Code.	46921

(B)(1) The department of job and family services shall inform	46922
each independent provider, at the time of initial application for	46923
a provider agreement that involves providing home and	46924
community-based waiver services to consumers with disabilities,	46925
that the independent provider is required to provide a set of	46926
fingerprint impressions and that a criminal records check is	46927
required to be conducted if the person is to become an independent	46928
provider in a department administered home and community-based	46929
waiver program.	46930

(2) Beginning on ~~the effective date of this section~~September	46931
26, 2003, the department shall inform each enrolled medicaid	46932
independent provider on or before time of the anniversary date of	46933
the provider agreement that involves providing home and	46934
community-based waiver services to consumers with disabilities	46935
that the independent provider is required to provide a set of	46936
fingerprint impressions and that a criminal records check is	46937
required to be conducted.	46938

(C)(1) The department shall require the independent provider	46939
to complete a criminal records check prior to entering into a	46940
provider agreement with the independent provider and at least	46941
annually thereafter. If an independent provider for whom a	46942
criminal records check is required under this division does not	46943
present proof of having been a resident of this state for the	46944
five-year period immediately prior to the date the criminal	46945
records check is requested or provide evidence that within that	46946
five-year period the superintendent of the bureau of criminal	46947
identification and investigation has requested information about	46948
the ~~applicant~~independent provider from the federal bureau of	46949
investigation in a criminal records check, the department shall	46950
request that the independent provider obtain through the	46951
superintendent a criminal records request from the federal bureau	46952
of investigation as part of the criminal records check of the	46953
independent provider. Even if an independent provider for whom a	46954
criminal records check request is required under this division	46955
presents proof of having been a resident of this state for the	46956
five-year period, the department may request that the independent	46957
provider obtain information through the superintendent from the	46958
federal bureau of investigation in the criminal records check.	46959

(2) The department shall ~~do both of~~provide the following:

46960

~~(a) Provide information~~ to each independent provider for whom	46961
a criminal records check request is required under division (C)(1)	46962
of this section ~~about requesting a copy of~~:	46963

(a) Information about accessing, completing, and forwarding	46964
to the superintendent of the bureau of criminal identification and	46965
investigation the form prescribed pursuant to division (C)(1) of	46966
section 109.572 of the Revised Code and athe standard fingerprint	46967
impression sheet prescribed pursuant to division (C)(2) of that	46968
section~~, and obtain the completed form and impression sheet and~~	46969
~~fee from the independent provider~~;	46970

(b) ~~Forward the completed form, impression sheet, and fee to~~	46971
~~the superintendent of the bureau of criminal identification and~~	46972
~~investigation~~Written notification that the independent provider	46973
is to instruct the superintendent to submit the completed report	46974
of the criminal records check directly to the department.	46975

(3) An independent provider given information ~~about obtaining~~	46976
~~the form and fingerprint impression sheet under division (C)(2)(a)~~	46977
~~of this section who fails to complete the form or provide~~	46978
~~fingerprint impressions~~and notification under divisions (C)(2)(a)	46979
and (b) of this section who fails to access, complete, and forward	46980
to the superintendent the form or the standard fingerprint	46981
impression sheet, or who fails to instruct the superintendent to	46982
submit the completed report of the criminal records check directly	46983
to the department, shall not be approved as an independent	46984
provider.	46985

(D) Except as provided in rules adopted by the department in	46986
accordance with division (G) of this section, the department shall	46987
not issue a new provider agreement to, and shall terminate an	46988
existing provider agreement of, an independent provider if the	46989
person has been convicted of or, has pleaded guilty to, or has	46990
been found eligible for intervention in lieu of conviction for any	46991
of the following:	46992

(1) A violation of section 2903.01, 2903.02, 2903.03,	46993
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	46994
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	46995
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	46996
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	46997
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	46998
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	46999
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	47000
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	47001
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	47002
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	47003
3716.11 of the Revised Code, felonious sexual penetration in	47004
violation of former section 2907.12 of the Revised Code, a	47005
violation of section 2905.04 of the Revised Code as it existed	47006
prior to July 1, 1996, a violation of section 2919.23 of the	47007
Revised Code that would have been a violation of section 2905.04	47008
of the Revised Code as it existed prior to July 1, 1996, had the	47009
violation been committed prior to that date;	47010

(2) An existing or former law of this state, any other state,	47011
or the United States that is substantially equivalent to any of	47012
the offenses listed in division (D)(1) of this section.	47013

(E) Each independent provider shall pay to the bureau of	47014
criminal identification and investigation the fee prescribed	47015
pursuant to division (C)(3) of section 109.572 of the Revised Code	47016
for each criminal records check conducted pursuant to a request	47017
made under division (C) of this section.	47018

(F) The report of any criminal records check conducted by the	47019
bureau of criminal identification and investigation in accordance	47020
with section 109.572 of the Revised Code and pursuant to a request	47021
made under division (C) of this section is not a public record for	47022
the purposes of section 149.43 of the Revised Code and shall not	47023
be made available to any person other than the following:	47024

(1) The person who is the subject of the criminal records	47025
check or the person's representative;	47026

(2) ~~The~~An administrator at the department ~~who is requesting~~	47027
~~the criminal records check~~ or the administrator's representative;	47028

(3) ~~Any~~A court, hearing officer, or other necessary	47029
individual involved in a case dealing with a denial or termination	47030
of a provider agreement related to the criminal records check.	47031

(G) The department shall adopt rules in accordance with	47032
Chapter 119. of the Revised Code to implement this section. The	47033
rules shall specify circumstances under which the department may	47034
either issue a provider agreement to an independent provider ~~who~~	47035
or allow an independent provider to maintain an existing provider	47036
agreement when the independent provider has been convicted of or,	47037
has pleaded guilty to, or has been found eligible for intervention	47038
in lieu of conviction for an offense listed or described in	47039
division (C)(1) of this section ~~but meets personal character~~	47040
~~standards set by the department~~.	47041

Sec. 5111.06. (A)(1) As used in this section and in sections	47042
5111.061 and 5111.062 of the Revised Code:	47043

(a) "Provider" means any person, institution, or entity that	47044
furnishes medicaid services under a provider agreement with the	47045
department of job and family services pursuant to Title XIX of the	47046
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	47047
amended.	47048

(b) "Party" has the same meaning as in division (G) of	47049
section 119.01 of the Revised Code.	47050

(c) "Adjudication" has the same meaning as in division (D) of	47051
section 119.01 of the Revised Code.	47052

(2) This section does not apply to any action taken by the	47053
department of job and family services under sections 5111.35 to	47054
5111.62 of the Revised Code.	47055

(B) Except as provided in division (D) of this section and	47056
section 5111.914 of the Revised Code, the department shall do	47057
either of the following by issuing an order pursuant to an	47058
adjudication conducted in accordance with Chapter 119. of the	47059
Revised Code:	47060

(1) Enter into or refuse to enter into a provider agreement	47061
with a provider, or suspend, terminate, renew, or refuse to renew	47062
an existing provider agreement with a provider;	47063

(2) Take any action based upon a final fiscal audit of a	47064
provider.	47065

(C) Any party who is adversely affected by the issuance of an	47066
adjudication order under division (B) of this section may appeal	47067
to the court of common pleas of Franklin county in accordance with	47068
section 119.12 of the Revised Code.	47069

(D) The department is not required to comply with division	47070
(B)(1) of this section whenever any of the following occur:	47071

(1) The terms of a provider agreement require the provider to	47072
~~have~~hold a license, permit, or certificate or maintain a	47073
certification issued by an official, board, commission,	47074
department, division, bureau, or other agency of state or federal	47075
government other than the department of job and family services,	47076
and the license, permit, or certificate, or certification has been	47077
denied or, revoked, not renewed, suspended, or otherwise limited.	47078

(2) The terms of a provider agreement require the provider to	47079
hold a license, permit, or certificate or maintain certification	47080
issued by an official, board, commission, department, division,	47081
bureau, or other agency of state or federal government other than	47082
the department of job and family services, and the provider has	47083
not obtained the license, permit, certificate, or certification.	47084

(3) The provider agreement is denied, terminated, or not	47085
renewed due to the termination, refusal to renew, or denial of a	47086
license, permit, certificate, or certification by an official,	47087
board, commission, department, division, bureau, or other agency	47088
of this state other than the department of job and family	47089
services, notwithstanding the fact that the provider may hold a	47090
license, permit, certificate, or certification from an official,	47091
board, commission, department, division, bureau, or other agency	47092
of another state.	47093

~~(2)~~(4) The provider agreement is denied, terminated, or not	47094
renewed pursuant to division (C) or ~~(E)~~(F) of section 5111.03 of	47095
the Revised Code;	47096

~~(3)~~(5) The provider agreement is denied, terminated, or not	47097
renewed due to the provider's termination, suspension, or	47098
exclusion from the medicare program established under Title XVIII	47099
of the "Social Security Act," and the termination, suspension, or	47100
exclusion is binding on the provider's participation in the	47101
medicaid program;	47102

~~(4)~~(6) The provider agreement is denied, terminated, or not	47103
renewed due to the provider's pleading guilty to or being	47104
convicted of a criminal activity materially related to either the	47105
medicare or medicaid program;	47106

~~(5)~~(7) The provider agreement is denied, terminated, or	47107
suspended as a result of action by the United States department of	47108
health and human services and that action is binding on the	47109
provider's participation in the medicaid program;	47110

~~(6)~~(8) The provider agreement is suspended pursuant to	47111
section 5111.031 of the Revised Code pending indictment of the	47112
provider.	47113

(9) The provider agreement is denied, terminated, or not	47114
renewed because the provider has been convicted of one of the	47115
offenses that caused the provider agreement to be suspended	47116
pursuant to section 5111.031 of the Revised Code.	47117

(10) The provider agreement is terminated or an application	47118
for re-enrollment is denied because the provider has failed to	47119
apply for re-enrollment within the time or in the manner specified	47120
for re-enrollment pursuant to section 5111.028 of the Revised	47121
Code.	47122

(11) The provider agreement is terminated or not renewed	47123
because the provider has not billed or otherwise submitted a	47124
medicaid claim to the department for two years or longer, and the	47125
department has determined that the provider has moved from the	47126
address on record with the department without leaving an active	47127
forwarding address with the department.	47128

In the case of a provider described in division (D)~~(6)~~(11) of	47129
this section, the department may terminate or not renew the	47130
provider agreement by sending a notice explaining the department's	47131
proposed action to the address on record with the department. The	47132
notice may be sent by regular mail.	47133

(E) The department may withhold payments for services	47134
rendered by a medicaid provider under the medical assistance	47135
program during the pendency of proceedings initiated under	47136
division (B)(1) of this section. If the proceedings are initiated	47137
under division (B)(2) of this section, the department may withhold	47138
payments only to the extent that they equal amounts determined in	47139
a final fiscal audit as being due the state. This division does	47140
not apply if the department fails to comply with section 119.07 of	47141
the Revised Code, requests a continuance of the hearing, or does	47142
not issue a decision within thirty days after the hearing is	47143
completed. This division does not apply to nursing facilities and	47144
intermediate care facilities for the mentally retarded as defined	47145
in section 5111.20 of the Revised Code.	47146

Sec. 5111.084. There is hereby established the pharmacy and	47147
therapeutics committee of the department of job and family	47148
services. The committee shall consist of nine members and shall be	47149
appointed by the director of job and family services. The	47150
membership of the committee shall include: three pharmacists	47151
licensed under Chapter 4729. of the Revised Code; two doctors of	47152
medicine and two doctors of osteopathy licensed under Chapter	47153
4731. of the Revised Code; a registered nurse licensed under	47154
Chapter 4723. of the Revised Code; and a pharmacologist who has a	47155
doctoral degree. At least one of the members who is a doctor of	47156
medicine or doctor of osteopathy shall be a psychiatrist. The	47157
committee shall elect one of its members as chairperson.	47158

Sec. 5111.085. (A) As used in this section, "mental health	47159
drug" means a drug that meets one of the following requirements:	47160

(1) Is classified as an antianxiety, antidepressant,	47161
anticonvulsant, or antipsychotic central nervous system drug in	47162
the most recent edition of one of the following publications:	47163

(a) The American psychiatric press textbook of	47164
psychopharmacology;	47165

(b) Current clinical strategies for psychiatry;

47166

47167

(d) A publication with a focus and content comparable to the	47168
publications described in divisions (A)(1)(a) to (c) of this	47169
section as determined by the director of job and family services.	47170

(2) Is classified in one of the publications described in	47171
division (A)(1) of this section as a central nervous system drug	47172
in a category or classification that is created after the	47173
effective date of this section;	47174

(3) Is classified in one of the publications described in	47175
division (A)(1) of this section as a cross-indicated drug for any	47176
of the central nervous system drugs specified in division (A)(1)	47177
or (2) of this section because the drug's use in that capacity is	47178
generally held to be reasonable, appropriate, and within the	47179
community standards of care even though the use is not included in	47180
the United States food and drug administration's approved labeling	47181
for the drug;	47182

(4) Is recommended for the treatment of a mental illness or	47183
mental disorder, as those terms are defined in the most recent	47184
edition of the American psychiatric association's diagnostic and	47185
statistical manual of mental disorders.	47186

(B) The only mental health drugs that may be subjected to a	47187
prior authorization requirement, preferred drug list, or generic	47188
substitution requirement under the medicaid program are mental	47189
health drugs that are brand name and for which there are generic	47190
equivalents.	47191

Sec. 5111.10. The director of job and family services may	47192
conduct reviews of the medicaid program. The reviews may include	47193
physical inspections of records and sites where medicaid-funded	47194
services are provided and interviews of providers and recipients	47195
of the services. If the director determines pursuant to a review	47196
that a person or government entity has violated a rule governing	47197
the medicaid program, the director may establish a corrective	47198
action plan for the violator and impose fiscal, administrative, or	47199
both types of sanctions on the violator in accordance with rules	47200
governing the medicaid program. ~~Such action to be taken against a~~	47201
~~responsible entity, as defined in section 5101.24 of the Revised~~	47202
~~Code, shall be taken in accordance with that section.~~	47203

Sec. 5111.101. (A) As used in this section~~, "federal~~;

47204

"Agent" and "contractor" include any agent, contractor,	47205
subcontractor, or other person who, on behalf of an entity,	47206
furnishes or authorizes the furnishing of health care items or	47207
services under the medicaid program, performs billing or coding	47208
functions, or is involved in monitoring of health care that an	47209
entity provides.	47210

"Employee" includes any officer or employee (including	47211
management employees) of an entity.	47212

"Entity" includes a governmental entity or an organization,	47213
unit, corporation, partnership, or other business arrangement,	47214
including any medicaid managed care organization, irrespective of	47215
the form of business structure or arrangement by which it exists,	47216
whether for-profit or not-for-profit. "Entity" does not include a	47217
government entity that administers one or more components of the	47218
medicaid program, unless the government entity receives medicaid	47219
payments for providing items or services.	47220

"Federal health care programs" has the same meaning as in 42	47221
U.S.C. 1320a-7b(f).	47222

(B) Each ~~person and government~~ entity that receives or makes	47223
~~medicaid~~in a federal fiscal year payments ~~in a calendar year that~~	47224
~~total~~under the medicaid program, either through the state	47225
medicaid plan or a federal medicaid waiver, totaling at least five	47226
million dollars ~~or more~~ shall, as a condition of receiving such	47227
payments, do all of the following not later than the first day of	47228
the succeeding calendar year:	47229

(1) ~~Provide each of the person or government entity's~~	47230
Establish written policies for all of the entity's employees	47231
~~(including management employees)~~, contractors, and agents,that	47232
provide detailed~~, written~~ information about the role of all of the	47233
following in preventing and detecting fraud, waste, and abuse in	47234
federal health care programs:	47235

(a) Federal false claims law under 31 U.S.C. 3729 to 3733;

47236

(b) Federal administrative remedies for false claims and	47237
statements available under 31 U.S.C. 3801 to 3812;	47238

(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the	47239
Revised Code and any other state laws pertaining to civil or	47240
criminal penalties for false claims and statements;	47241

(d) Whistleblower protections under the laws specified in	47242
divisions (B)(1)(a) to (c) of this section.	47243

(2) Include inas part of the written ~~information provided~~	47244
~~under~~policies required by division (B)(1) of this section	47245
detailed ~~information about~~provisions regarding the ~~person or~~	47246
~~government~~ entity's policies and procedures for preventing and	47247
detecting fraud, waste, and abuse.	47248

(3) ~~Include~~Disseminate the written policies required by	47249
division (B)(1) of this section to each of the entity's employees,	47250
contractors, and agents in a paper or electronic form and make the	47251
written policies readily available to the entity's employees,	47252
contractors, and agents.	47253

(4) If the entity has an employee handbook, include in the	47254
~~person or government entity's~~ employee handbook a specific	47255
discussion of the laws specified in division (B)(1) of this	47256
section, the rights of employees to be protected as	47257
whistleblowers, and the ~~person or government~~ entity's policies and	47258
procedures for preventing and detecting fraud, waste, and abuse.	47259

(5) Require the entity's contractors and agents to adopt the	47260
entity's written policies required by division (B)(1) of this	47261
section.	47262

(C) An entity that furnishes items or services at multiple	47263
locations or under multiple contractual or other payment	47264
arrangements is required to comply with division (B) of this	47265
section if the entity receives in a federal fiscal year medicaid	47266
payments totaling in the aggregate at least five million dollars.	47267
This applies regardless of whether the entity submits claims for	47268
medicaid payments using multiple provider identification or tax	47269
identification numbers.	47270

Sec. 5111.102. As used in this section, "state agency" has	47271
the same meaning as in section 9.23 of the Revised Code.	47272

No provision of Title LI of the Revised Code or any other law	47273
of this state that incorporates any provision of federal Medicaid	47274
law, Title XIX of the Social Security Act, 79 Stat. 286 (1965), 42	47275
U.S.C. 1396, or that may be construed as requiring the state, a	47276
state agency, or any state official or employee to comply with	47277
that federal provision, shall be construed as creating a cause of	47278
action to enforce such state law beyond the causes of action	47279
available under federal law for enforcement of the provision of	47280
federal law.	47281

Sec. 5111.11. (A) As used in this section and section	47282
5111.111 of the Revised Code:	47283

(1) "Estate" includes both of the following:

47284

(a) All real and personal property and other assets to be	47285
administered under Title XXI of the Revised Code and property that	47286
would be administered under that title if not for section 2113.03	47287
or 2113.031 of the Revised Code;	47288

(b) Any other real and personal property and other assets in	47289
which an individual had any legal title or interest at the time of	47290
death (to the extent of the interest), including assets conveyed	47291
to a survivor, heir, or assign of the individual through joint	47292
tenancy, tenancy in common, survivorship, life estate, living	47293
trust, or other arrangement.	47294

(2) "Institution" means a nursing facility, intermediate care	47295
facility for the mentally retarded, or a medical institution.	47296

(3) "Intermediate care facility for the mentally retarded"	47297
and "nursing facility" have the same meanings as in section	47298
5111.20 of the Revised Code.	47299

(4) "Permanently institutionalized individual" means an	47300
individual to whom all of the following apply:	47301

(a) Is an inpatient in an institution;

47302

(b) Is required, as a condition of the medicaid program	47303
paying for the individual's services in the institution, to spend	47304
for costs of medical or nursing care all of the individual's	47305
income except for an amount for personal needs specified by the	47306
department of job and family services;	47307

(c) Cannot reasonably be expected to be discharged from the	47308
institution and return home as determined by the department of job	47309
and family services.	47310

(5) "Qualified state long-term care insurance partnership	47311
program" means the program established under section 5111.18 of	47312
the Revised Code.	47313

(6) "Time of death" shall not be construed to mean a time	47314
after which a legal title or interest in real or personal property	47315
or other asset may pass by survivorship or other operation of law	47316
due to the death of the decedent or terminate by reason of the	47317
decedent's death.	47318

(B) To the extent permitted by federal law, the department of	47319
job and family services shall institute ana medicaid estate	47320
recovery program under which the department shall, except as	47321
provided in divisions (C)~~, (D),~~ and (E) of this section, and	47322
subject to division (D) of this section, do ~~both~~all of the	47323
following:	47324

(1) For the costs of medicaid services the medicaid program	47325
correctly paid or will pay on behalf of a permanently	47326
institutionalized individual of any age, seek adjustment or	47327
recovery from the individual's estate or on the sale of property	47328
of the individual or spouse that is subject to a lien imposed	47329
under section 5111.111 of the Revised Code;	47330

(2) For the costs of medicaid services the medicaid program	47331
correctly paid or will pay on behalf of an individual fifty-five	47332
years of age or older who is not a permanently institutionalized	47333
individual, seek adjustment or recovery from the individual's	47334
estate;	47335

(3) For the costs of nursing facility and other long-term	47336
care services the medicaid program correctly paid or will pay on	47337
behalf of an individual who has received, or is entitled to	47338
receive, benefits under a long-term care insurance policy in	47339
connection with which assets or resources are disregarded to the	47340
extent that payments are made under a long-term care insurance	47341
policy or because an individual has received, or is entitled to	47342
receive, benefits under a long-term care insurance policy, seek	47343
adjustment or recovery from the individual's estate.	47344

(C)(1) No adjustment or recovery may be made under division	47345
(B)(1) of this section from a permanently institutionalized	47346
individual's estate or on the sale of property of a permanently	47347
institutionalized individual that is subject to a lien imposed	47348
under section 5111.111 of the Revised Code or under division	47349
(B)(2) or (3) of this section from an individual's estate while	47350
either of the following are alive:	47351

(a) The spouse of the permanently institutionalized	47352
individual or individual;	47353

(b) The son or daughter of a permanently institutionalized	47354
individual or individual if the son or daughter is under age	47355
twenty-one or, under 42 U.S.C. 1382c, is considered blind or	47356
disabled.	47357

(2) No adjustment or recovery may be made under division	47358
(B)(1) of this section from a permanently institutionalized	47359
individual's home that is subject to a lien imposed under section	47360
5111.111 of the Revised Code while either of the following	47361
lawfully reside in the home:	47362

(a) The permanently institutionalized individual's sibling	47363
who resided in the home for at least one year immediately before	47364
the date of the permanently institutionalized individual's	47365
admission to the institution and on a continuous basis since that	47366
time;	47367

(b) The permanently institutionalized individual's son or	47368
daughter who provided care to the permanently institutionalized	47369
individual that delayed the permanently institutionalized	47370
individual's institutionalization and resided in the home for at	47371
least two years immediately before the date of the permanently	47372
institutionalized individual's admission to the institution and on	47373
a continuous basis since that time.	47374

(D) In the case of a participant of the qualified state	47375
long-term care insurance partnership program, adjustment or	47376
recovery required by this section may be reduced in accordance	47377
with rules adopted under division (G) of this section.	47378

(E) The department shall, in accordance with procedures and	47379
criteria established in rules adopted under division (G) of this	47380
section, waive seeking an adjustment or recovery otherwise	47381
required by this section if the director of job and family	47382
services determines that adjustment or recovery would work an	47383
undue hardship. The department may limit the duration of the	47384
waiver to the period during which the undue hardship exists.	47385

(F) For the purpose of determining whether an individual	47386
meets the definition of "permanently institutionalized individual"	47387
established for this section, a rebuttable presumption exists that	47388
the individual cannot reasonably be expected to be discharged from	47389
an institution and return home if either of the following is the	47390
case:	47391

(1) The individual declares that he or she does not intend to	47392
return home.	47393

(2) The individual has been an inpatient in an institution	47394
for at least six months.	47395

(G) The director of job and family services shall adopt rules	47396
in accordance with Chapter 119. of the Revised Code regarding the	47397
medicaid estate recovery program, including rules that do both of	47398
the following:	47399

(1) For the purpose of division (D) of this section and	47400
consistent with 42 U.S.C. 1396p(b)(1)(C), provide for reducing an	47401
adjustment or recovery in the case of a participant of the	47402
qualified state long-term care insurance partnership program;	47403

(2) For the purpose of division (E) of this section and	47404
consistent with the standards specified by the United States	47405
secretary of health and human services under 42 U.S.C.	47406
1396p(b)(3), establish procedures and criteria for waiving	47407
adjustment or recovery due to an undue hardship.	47408

Sec. 5111.112. The department of job and family services	47409
shall certify amounts due under the medicaid estate recovery	47410
program instituted under section 5111.11 of the Revised Code to	47411
the attorney general pursuant to section 131.02 of the Revised	47412
Code. The attorney general may enter into a contract with any	47413
person or government entity to collect the amounts due on behalf	47414
of the attorney general.	47415

The attorney general, in entering into a contract under this	47416
section, shall comply with all of the requirements that must be	47417
met for the state to receive federal financial participation for	47418
the costs incurred in entering into the contract and carrying out	47419
actions under the contract. The contract may provide for the	47420
person or government entity with which the attorney general	47421
contracts to be compensated from the property recovered under the	47422
medicaid estate recovery program or may provide for another manner	47423
of compensation agreed to by the parties to the contract.	47424

Regardless of whether the attorney general collects the	47425
amounts due under the medicaid estate recovery program or	47426
contracts with a person or government entity to collect the	47427
amounts due on behalf of the attorney general, the amounts due	47428
shall be collected in accordance with applicable requirements of	47429
federal statutes and regulations and state statutes and rules.	47430

Sec. 5111.113. (A) As used in this section:

47431

(1) "Adult care facility" has the same meaning as in section	47432
3722.01 of the Revised Code.	47433

(2) "Commissioner" means a person appointed by a probate	47434
court under division (B) of section 2113.03 of the Revised Code to	47435
act as a commissioner.	47436

(3) "Home" has the same meaning as in section 3721.10 of the	47437
Revised Code.	47438

(4) "Personal needs allowance account" means an account or	47439
petty cash fund that holds the money of a resident of an adult	47440
care facility or home and that the facility or home manages for	47441
the resident.	47442

(B) Except as provided in divisions (C) and (D) of this	47443
section, the owner or operator of an adult care facility or home	47444
shall transfer to the department of job and family services the	47445
money in the personal needs allowance account of a resident of the	47446
facility or home who was a recipient of the medical assistance	47447
program no earlier than sixty days but not later than ninety days	47448
after the resident dies. The adult care facility or home shall	47449
transfer the money even though the owner or operator of the	47450
facility or home has not been issued letters testamentary or	47451
letters of administration concerning the resident's estate.	47452

(C) If funeral or burial expenses for a resident of an adult	47453
care facility or home who has died have not been paid and the only	47454
resource the resident had that could be used to pay for the	47455
expenses is the money in the resident's personal needs allowance	47456
account, or all other resources of the resident are inadequate to	47457
pay the full cost of the expenses, the money in the resident's	47458
personal needs allowance account shall be used to pay for the	47459
expenses rather than being transferred to the department of job	47460
and family services pursuant to division (B) of this section.	47461

(D) If, not later than sixty days after a resident of an	47462
adult care facility or home dies, letters testamentary or letters	47463
of administration are issued, or an application for release from	47464
administration is filed under section 2113.03 of the Revised Code,	47465
concerning the resident's estate, the owner or operator of the	47466
facility or home shall transfer the money in the resident's	47467
personal needs allowance account to the administrator, executor,	47468
commissioner, or person who filed the application for release from	47469
administration.	47470

(E) The transfer or use of money in a resident's personal	47471
needs allowance account in accordance with division (B), (C), or	47472
(D) of this section discharges and releases the adult care	47473
facility or home, and the owner or operator of the facility or	47474
home, from any claim for the money from any source.	47475

(F) If, sixty-one or more days after a resident of an adult	47476
care facility or home dies, letters testamentary or letters of	47477
administration are issued, or an application for release from	47478
administration under section 2113.03 of the Revised Code is filed,	47479
concerning the resident's estate, the department of job and family	47480
services shall transfer the funds to the administrator, executor,	47481
commissioner, or person who filed the application, unless the	47482
department is entitled to recover the money under the medicaid	47483
estate recovery program instituted under section 5111.11 of the	47484
Revised Code.	47485

Sec. 5111.163. (A) As used in this section:

47486

(1) "Emergency services" has the same meaning as in section	47487
1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42	47488
U.S.C. 1396u-2(b)(2), as amended.	47489

(2) "Medicaid managed care organization" has the same meaning	47490
as in section 5111.162 of the Revised Code.	47491

(3) "Provider" ~~has the same meaning as in section 5111.06 of~~	47492
~~the Revised Code~~means any person, institution, or entity that	47493
furnishes emergency services to a medicaid recipient enrolled in a	47494
medicaid managed care organization, regardless of whether the	47495
person, institution, or entity has a provider agreement with the	47496
department of job and family services pursuant to Title XIX of the	47497
"Social Security Act."	47498

(B) When a participant in the care management system	47499
established under section 5111.16 of the Revised Code is enrolled	47500
in a medicaid managed care organization and receives emergency	47501
services on or after January 1, 2007, from a provider that is not	47502
under contract with the organization, the provider shall accept	47503
from the organization, as payment in full, not more than the	47504
amounts (less any payments for indirect costs of medical education	47505
and direct costs of graduate medical education) that the provider	47506
could collect if the participant received medicaid other than	47507
through enrollment in a managed care organization.	47508

Sec. 5111.17. (A) The department of job and family services	47509
may enter into contracts with managed care organizations,	47510
including health insuring corporations, under which the	47511
organizations are authorized to provide, or arrange for the	47512
provision of, health care services to medical assistance	47513
recipients who are required or permitted to obtain health care	47514
services through managed care organizations as part of the care	47515
management system established under section 5111.16 of the	47516
Revised Code.	47517

(B) ~~The department shall develop and implement a financial~~	47518
~~incentive program to improve and reward positive health outcomes~~	47519
~~through the managed care organization contracts entered into under~~	47520
~~this section. In developing and implementing the program, the~~	47521
~~department may take into consideration the recommendations~~	47522
~~regarding the program made by the medicaid care management working~~	47523
~~group created under section 5111.161 of the Revised Code~~(1) For	47524
purposes of making payments to health insuring corporations under	47525
contract pursuant to this section, the department shall develop,	47526
certify, and implement actuarially sound capitation rates, as	47527
defined in 42 C.F.R. 438.6. In taking these actions, the	47528
department shall comply with all applicable requirements of 42	47529
C.F.R. 438.6 and Title XIX of the "Social Security Act," 79 Stat.	47530
286 (1965), 42 U.S.C. 1396b(m), as amended.	47531

(2) Before the department may submit proposed capitation	47532
rates for approval by the United States centers for medicare and	47533
medicaid services, the department shall prepare a separate	47534
document that specifies the manner in which the rates conform to	47535
generally accepted actuarial principles and practices. When the	47536
proposed rates are submitted for approval, the department shall	47537
include the document as part of its submission of information to	47538
the centers for medicare and medicaid services.	47539

(3) The document prepared under division (B)(2) of this	47540
section shall include information on all of the following:	47541

(a) How the proposed rates are appropriate with respect to	47542
the individuals or groups of individuals who will be enrolled in	47543
the health insuring corporations;	47544

(b) How the proposed rates are appropriate for the services	47545
that will be covered by the health insuring corporations;	47546

(c) How the proposed rates are adequate to meet the	47547
administrative requirements of the health insuring corporations;	47548

(d) Any other matter the department considers to be relevant	47549
to the development of actuarially sound capitation rates.	47550

(4) In preparing the document required under division (B)(2)	47551
of this section, the department may consult with the	47552
superintendent of insurance. The department may ask the	47553
superintendent to assess whether the proposed rates, if	47554
implemented, would do any of the following:	47555

(a) Adversely affect a health insuring corporation in a	47556
manner that results in the need to prepare and submit an RBC plan	47557
in accordance with section 1753.33 of the Revised Code;	47558

(b) Cause the superintendent, in the case of a health	47559
insuring corporation with a parent company, to take actions	47560
requiring the use of the parent company's guaranty established	47561
under division (A)(27) of section 1751.03 of the Revised Code as a	47562
condition of applying for a certificate of authority to establish	47563
and operate the health insuring corporation;	47564

(c) Negatively impact, in general, the financial solvency of	47565
a health insuring corporation.	47566

(C) The director of job and family services may adopt rules	47567
in accordance with Chapter 119. of the Revised Code to implement	47568
this section.	47569

Sec. 5111.172. (A) When contracting under section 5111.17 of	47570
the Revised Code with a managed care organization that is a health	47571
insuring corporation, the department of job and family services	47572
may require the health insuring corporation to provide coverage of	47573
prescription drugs for medicaid recipients enrolled in the health	47574
insuring corporation. In providing the required coverage, the	47575
health insuring corporation may, subject to the department's	47576
approval and the limitations provided under division (C) of this	47577
section, use strategies for the management of drug utilization.	47578

(B) As used in this division, "controlled substance" has the	47579
same meaning as in section 3719.01 of the Revised Code.	47580

If a health insuring corporation is required under this	47581
section to provide coverage of prescription drugs, the department	47582
shall permit the health insuring corporation to develop and	47583
implement a pharmacy utilization management program under which	47584
prior authorization through the program is established as a	47585
condition of obtaining a controlled substance pursuant to a	47586
prescription. The program may include processes for requiring	47587
medicaid recipients at high risk for fraud or abuse involving	47588
controlled substances to have their prescriptions for controlled	47589
substances filled by a pharmacy, medical provider, or health care	47590
facility designated by the program.	47591

(C) As used in this division, "mental health drug" has the	47592
same meaning as in section 5111.085 of the Revised Code.	47593

If a contract under section 5111.17 of the Revised Code	47594
requires a health insuring corporation to provide prescription	47595
drug coverage for medicaid recipients as described in division (A)	47596
of this section, the contract shall include terms under which the	47597
only mental health drugs that may be subjected to a prior	47598
authorization requirement, preferred drug list, or generic	47599
substitution requirement are mental health drugs that are brand	47600
name and for which there are generic equivalents.	47601

Sec. 5111.20. As used in sections 5111.20 to 5111.34 of the	47602
Revised Code:	47603

(A) "Allowable costs" are those costs determined by the	47604
department of job and family services to be reasonable and do not	47605
include fines paid under sections 5111.35 to 5111.61 and section	47606
5111.99 of the Revised Code.	47607

(B) "Ancillary and support costs" means all reasonable costs	47608
incurred by a nursing facility other than direct care costs or	47609
capital costs. "Ancillary and support costs" includes, but is not	47610
limited to, costs of activities, social services, pharmacy	47611
consultants, habilitation supervisors, qualified mental	47612
retardation professionals, program directors, medical and	47613
habilitation records, program supplies, incontinence supplies,	47614
food, enterals, dietary supplies and personnel, laundry,	47615
housekeeping, security, administration, medical equipment,	47616
utilities, liability insurance, bookkeeping, purchasing	47617
department, human resources, communications, travel, dues, license	47618
fees, subscriptions, home office costs not otherwise allocated,	47619
legal services, accounting services, minor equipment, maintenance	47620
and repairs, help-wanted advertising, informational advertising,	47621
start-up costs, organizational expenses, other interest, property	47622
insurance, employee training and staff development, employee	47623
benefits, payroll taxes, and workers' compensation premiums or	47624
costs for self-insurance claims and related costs as specified in	47625
rules adopted by the director of job and family services under	47626
section 5111.02 of the Revised Code, for personnel listed in this	47627
division. "Ancillary and support costs" also means the cost of	47628
equipment, including vehicles, acquired by operating lease	47629
executed before December 1, 1992, if the costs are reported as	47630
administrative and general costs on the facility's cost report for	47631
the cost reporting period ending December 31, 1992.	47632

(C) "Capital costs" means costs of ownership and, in the case	47633
of an intermediate care facility for the mentally retarded, costs	47634
of nonextensive renovation.	47635

(1) "Cost of ownership" means the actual expense incurred for	47636
all of the following:	47637

(a) Depreciation and interest on any capital assets that cost	47638
five hundred dollars or more per item, including the following:	47639

(i) Buildings;

47640

(ii) Building improvements that are not approved as	47641
nonextensive renovations under section 5111.251 of the Revised	47642
Code;	47643

(iii) Except as provided in division (B) of this section,	47644
equipment;	47645

(iv) In the case of an intermediate care facility for the	47646
mentally retarded, extensive renovations;	47647

(v) Transportation equipment.

47648

(b) Amortization and interest on land improvements and	47649
leasehold improvements;	47650

47651

(d) Except as provided in division (K) of this section, lease	47652
and rent of land, building, and equipment.	47653

The costs of capital assets of less than five hundred dollars	47654
per item may be considered capital costs in accordance with a	47655
provider's practice.	47656

(2) "Costs of nonextensive renovation" means the actual	47657
expense incurred by an intermediate care facility for the mentally	47658
retarded for depreciation or amortization and interest on	47659
renovations that are not extensive renovations.	47660

(D) "Capital lease" and "operating lease" shall be construed	47661
in accordance with generally accepted accounting principles.	47662

(E) "Case-mix score" means the measure determined under	47663
section 5111.232 of the Revised Code of the relative direct-care	47664
resources needed to provide care and habilitation to a resident of	47665
a nursing facility or intermediate care facility for the mentally	47666
retarded.	47667

(F)(1) "Date of licensure," for a facility originally	47668
licensed as a nursing home under Chapter 3721. of the Revised	47669
Code, means the date specific beds were originally licensed as	47670
nursing home beds under that chapter, regardless of whether they	47671
were subsequently licensed as residential facility beds under	47672
section 5123.19 of the Revised Code. For a facility originally	47673
licensed as a residential facility under section 5123.19 of the	47674
Revised Code, "date of licensure" means the date specific beds	47675
were originally licensed as residential facility beds under that	47676
section.	47677

~~(1)~~ If nursing home beds licensed under Chapter 3721. of the	47678
Revised Code or residential facility beds licensed under section	47679
5123.19 of the Revised Code were not required by law to be	47680
licensed when they were originally used to provide nursing home or	47681
residential facility services, "date of licensure" means the date	47682
the beds first were used to provide nursing home or residential	47683
facility services, regardless of the date the present provider	47684
obtained licensure.	47685

~~(2)~~ If a facility adds nursing home beds or residential	47686
facility beds or extensively renovates all or part of the facility	47687
after its original date of licensure, it will have a different	47688
date of licensure for the additional beds or extensively renovated	47689
portion of the facility, unless the beds are added in a space that	47690
was constructed at the same time as the previously licensed beds	47691
but was not licensed under Chapter 3721. or section 5123.19 of the	47692
Revised Code at that time.	47693

(2) The definition of "date of licensure" in this section	47694
applies in determinations of the medicaid reimbursement rate for a	47695
nursing facility or intermediate care facility for the mentally	47696
retarded but does not apply in determinations of the franchise	47697
permit fee for a nursing facility or intermediate care facility	47698
for the mentally retarded.	47699

(G) "Desk-reviewed" means that costs as reported on a cost	47700
report submitted under section 5111.26 of the Revised Code have	47701
been subjected to a desk review under division (A) of section	47702
5111.27 of the Revised Code and preliminarily determined to be	47703
allowable costs.	47704

(H) "Direct care costs" means all of the following:

47705

(1)(a) Costs for registered nurses, licensed practical	47706
nurses, and nurse aides employed by the facility;	47707

(b) Costs for direct care staff, administrative nursing	47708
staff, medical directors, respiratory therapists, and except as	47709
provided in division (H)(2) of this section, other persons holding	47710
degrees qualifying them to provide therapy;	47711

47712

(d) Costs of quality assurance;

47713

(e) Costs of training and staff development, employee	47714
benefits, payroll taxes, and workers' compensation premiums or	47715
costs for self-insurance claims and related costs as specified in	47716
rules adopted by the director of job and family services in	47717
accordance with Chapter 119. of the Revised Code, for personnel	47718
listed in divisions (H)(1)(a), (b), and (d) of this section;	47719

(f) Costs of consulting and management fees related to direct	47720
care;	47721

(g) Allocated direct care home office costs.

47722

(2) In addition to the costs specified in division (H)(1) of	47723
this section, for nursing facilities only, direct care costs	47724
include costs of habilitation staff (other than habilitation	47725
supervisors), medical supplies, emergency oxygen, habilitation	47726
supplies, and universal precautions supplies.	47727

(3) In addition to the costs specified in division (H)(1) of	47728
this section, for intermediate care facilities for the mentally	47729
retarded only, direct care costs include both of the following:	47730

(a) Costs for physical therapists and physical therapy	47731
assistants, occupational therapists and occupational therapy	47732
assistants, speech therapists, audiologists, habilitation staff	47733
(including habilitation supervisors), qualified mental retardation	47734
professionals, program directors, social services staff,	47735
activities staff, off-site day programming, psychologists and	47736
psychology assistants, and social workers and counselors;	47737

(b) Costs of training and staff development, employee	47738
benefits, payroll taxes, and workers' compensation premiums or	47739
costs for self-insurance claims and related costs as specified in	47740
rules adopted under section 5111.02 of the Revised Code, for	47741
personnel listed in division (H)(3)(a) of this section.	47742

(4) Costs of other direct-care resources that are specified	47743
as direct care costs in rules adopted under section 5111.02 of the	47744
Revised Code.	47745

(I) "Fiscal year" means the fiscal year of this state, as	47746
specified in section 9.34 of the Revised Code.	47747

(J) "Franchise permit fee" means the following:

47748

(1) In the context of nursing facilities, the fee imposed by	47749
sections 3721.50 to 3721.58 of the Revised Code;	47750

(2) In the context of intermediate care facilities for the	47751
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	47752
of the Revised Code.	47753

(K) "Indirect care costs" means all reasonable costs incurred	47754
by an intermediate care facility for the mentally retarded other	47755
than direct care costs, other protected costs, or capital costs.	47756
"Indirect care costs" includes but is not limited to costs of	47757
habilitation supplies, pharmacy consultants, medical and	47758
habilitation records, program supplies, incontinence supplies,	47759
food, enterals, dietary supplies and personnel, laundry,	47760
housekeeping, security, administration, liability insurance,	47761
bookkeeping, purchasing department, human resources,	47762
communications, travel, dues, license fees, subscriptions, home	47763
office costs not otherwise allocated, legal services, accounting	47764
services, minor equipment, maintenance and repairs, help-wanted	47765
advertising, informational advertising, start-up costs,	47766
organizational expenses, other interest, property insurance,	47767
employee training and staff development, employee benefits,	47768
payroll taxes, and workers' compensation premiums or costs for	47769
self-insurance claims and related costs as specified in rules	47770
adopted under section 5111.02 of the Revised Code, for personnel	47771
listed in this division. Notwithstanding division (C)(1) of this	47772
section, "indirect care costs" also means the cost of equipment,	47773
including vehicles, acquired by operating lease executed before	47774
December 1, 1992, if the costs are reported as administrative and	47775
general costs on the facility's cost report for the cost reporting	47776
period ending December 31, 1992.	47777

(L) "Inpatient days" means all days during which a resident,	47778
regardless of payment source, occupies a bed in a nursing facility	47779
or intermediate care facility for the mentally retarded that is	47780
included in the facility's certified capacity under Title XIX.	47781
Therapeutic or hospital leave days for which payment is made under	47782
section 5111.33 of the Revised Code are considered inpatient days	47783
proportionate to the percentage of the facility's per resident per	47784
day rate paid for those days.	47785

(M) "Intermediate care facility for the mentally retarded"	47786
means an intermediate care facility for the mentally retarded	47787
certified as in compliance with applicable standards for the	47788
medicaid program by the director of health in accordance with	47789
Title XIX.	47790

(N) "Maintenance and repair expenses" means, except as	47791
provided in division (BB)(2) of this section, expenditures that	47792
are necessary and proper to maintain an asset in a normally	47793
efficient working condition and that do not extend the useful life	47794
of the asset two years or more. "Maintenance and repair expenses"	47795
includes but is not limited to the cost of ordinary repairs such	47796
as painting and wallpapering.	47797

(O) "Medicaid days" means all days during which a resident	47798
who is a Medicaid recipient eligible for nursing facility services	47799
occupies a bed in a nursing facility that is included in the	47800
nursing facility's certified capacity under Title XIX. Therapeutic	47801
or hospital leave days for which payment is made under section	47802
5111.33 of the Revised Code are considered Medicaid days	47803
proportionate to the percentage of the nursing facility's per	47804
resident per day rate paid for those days.	47805

(P) "Nursing facility" means a facility, or a distinct part	47806
of a facility, that is certified as a nursing facility by the	47807
director of health in accordance with Title XIX and is not an	47808
intermediate care facility for the mentally retarded. "Nursing	47809
facility" includes a facility, or a distinct part of a facility,	47810
that is certified as a nursing facility by the director of health	47811
in accordance with Title XIX and is certified as a skilled nursing	47812
facility by the director in accordance with Title XVIII.	47813

(Q) "Operator" means the person or government entity	47814
responsible for the daily operating and management decisions for a	47815
nursing facility or intermediate care facility for the mentally	47816
retarded.	47817

(R) "Other protected costs" means costs incurred by an	47818
intermediate care facility for the mentally retarded for medical	47819
supplies; real estate, franchise, and property taxes; natural gas,	47820
fuel oil, water, electricity, sewage, and refuse and hazardous	47821
medical waste collection; allocated other protected home office	47822
costs; and any additional costs defined as other protected costs	47823
in rules adopted under section 5111.02 of the Revised Code.	47824

(S)(1) "Owner" means any person or government entity that has	47825
at least five per cent ownership or interest, either directly,	47826
indirectly, or in any combination, in any of the following	47827
regarding a nursing facility or intermediate care facility for the	47828
mentally retarded:	47829

(a) The land on which the facility is located;

47830

(b) The structure in which the facility is located;

47831

(c) Any mortgage, contract for deed, or other obligation	47832
secured in whole or in part by the land or structure on or in	47833
which the facility is located;	47834

(d) Any lease or sublease of the land or structure on or in	47835
which the facility is located.	47836

(2) "Owner" does not mean a holder of a debenture or bond	47837
related to the nursing facility or intermediate care facility for	47838
the mentally retarded and purchased at public issue or a regulated	47839
lender that has made a loan related to the facility unless the	47840
holder or lender operates the facility directly or through a	47841
subsidiary.	47842

(T) "Patient" includes "resident."

47843

(U) Except as provided in divisions (U)(1) and (2) of this	47844
section, "per diem" means a nursing facility's or intermediate	47845
care facility for the mentally retarded's actual, allowable costs	47846
in a given cost center in a cost reporting period, divided by the	47847
facility's inpatient days for that cost reporting period.	47848

(1) When calculating indirect care costs for the purpose of	47849
establishing rates under section 5111.241 of the Revised Code,	47850
"per diem" means an intermediate care facility for the mentally	47851
retarded's actual, allowable indirect care costs in a cost	47852
reporting period divided by the greater of the facility's	47853
inpatient days for that period or the number of inpatient days the	47854
facility would have had during that period if its occupancy rate	47855
had been eighty-five per cent.	47856

(2) When calculating capital costs for the purpose of	47857
establishing rates under section 5111.251 of the Revised Code,	47858
"per diem" means a facility's actual, allowable capital costs in a	47859
cost reporting period divided by the greater of the facility's	47860
inpatient days for that period or the number of inpatient days the	47861
facility would have had during that period if its occupancy rate	47862
had been ninety-five per cent.	47863

(V) "Provider" means an operator with a provider agreement.

47864

(W) "Provider agreement" means a contract between the	47865
department of job and family services and the operator of a	47866
nursing facility or intermediate care facility for the mentally	47867
retarded for the provision of nursing facility services or	47868
intermediate care facility services for the mentally retarded	47869
under the medicaid program.	47870

(X) "Purchased nursing services" means services that are	47871
provided in a nursing facility by registered nurses, licensed	47872
practical nurses, or nurse aides who are not employees of the	47873
facility.	47874

(Y) "Reasonable" means that a cost is an actual cost that is	47875
appropriate and helpful to develop and maintain the operation of	47876
patient care facilities and activities, including normal standby	47877
costs, and that does not exceed what a prudent buyer pays for a	47878
given item or services. Reasonable costs may vary from provider to	47879
provider and from time to time for the same provider.	47880

(Z) "Related party" means an individual or organization that,	47881
to a significant extent, has common ownership with, is associated	47882
or affiliated with, has control of, or is controlled by, the	47883
provider.	47884

(1) An individual who is a relative of an owner is a related	47885
party.	47886

(2) Common ownership exists when an individual or individuals	47887
possess significant ownership or equity in both the provider and	47888
the other organization. Significant ownership or equity exists	47889
when an individual or individuals possess five per cent ownership	47890
or equity in both the provider and a supplier. Significant	47891
ownership or equity is presumed to exist when an individual or	47892
individuals possess ten per cent ownership or equity in both the	47893
provider and another organization from which the provider	47894
purchases or leases real property.	47895

(3) Control exists when an individual or organization has the	47896
power, directly or indirectly, to significantly influence or	47897
direct the actions or policies of an organization.	47898

(4) An individual or organization that supplies goods or	47899
services to a provider shall not be considered a related party if	47900
all of the following conditions are met:	47901

(a) The supplier is a separate bona fide organization.

47902

(b) A substantial part of the supplier's business activity of	47903
the type carried on with the provider is transacted with others	47904
than the provider and there is an open, competitive market for the	47905
types of goods or services the supplier furnishes.	47906

(c) The types of goods or services are commonly obtained by	47907
other nursing facilities or intermediate care facilities for the	47908
mentally retarded from outside organizations and are not a basic	47909
element of patient care ordinarily furnished directly to patients	47910
by the facilities.	47911

(d) The charge to the provider is in line with the charge for	47912
the goods or services in the open market and no more than the	47913
charge made under comparable circumstances to others by the	47914
supplier.	47915

(AA) "Relative of owner" means an individual who is related	47916
to an owner of a nursing facility or intermediate care facility	47917
for the mentally retarded by one of the following relationships:	47918

(1) Spouse;

47919

(2) Natural parent, child, or sibling;

47920

(3) Adopted parent, child, or sibling;

47921

(4) Stepparent, stepchild, stepbrother, or stepsister;

47922

(5) Father-in-law, mother-in-law, son-in-law,	47923
daughter-in-law, brother-in-law, or sister-in-law;	47924

(6) Grandparent or grandchild;

47925

(7) Foster caregiver, foster child, foster brother, or foster	47926
sister.	47927

(BB) "Renovation" and "extensive renovation" mean:

47928

(1) Any betterment, improvement, or restoration of an	47929
intermediate care facility for the mentally retarded started	47930
before July 1, 1993, that meets the definition of a renovation or	47931
extensive renovation established in rules adopted by the director	47932
of job and family services in effect on December 22, 1992.	47933

(2) In the case of betterments, improvements, and	47934
restorations of intermediate care facilities for the mentally	47935
retarded started on or after July 1, 1993:	47936

(a) "Renovation" means the betterment, improvement, or	47937
restoration of an intermediate care facility for the mentally	47938
retarded beyond its current functional capacity through a	47939
structural change that costs at least five hundred dollars per	47940
bed. A renovation may include betterment, improvement,	47941
restoration, or replacement of assets that are affixed to the	47942
building and have a useful life of at least five years. A	47943
renovation may include costs that otherwise would be considered	47944
maintenance and repair expenses if they are an integral part of	47945
the structural change that makes up the renovation project.	47946
"Renovation" does not mean construction of additional space for	47947
beds that will be added to a facility's licensed or certified	47948
capacity.	47949

(b) "Extensive renovation" means a renovation that costs more	47950
than sixty-five per cent and no more than eighty-five per cent of	47951
the cost of constructing a new bed and that extends the useful	47952
life of the assets for at least ten years.	47953

For the purposes of division (BB)(2) of this section, the	47954
cost of constructing a new bed shall be considered to be forty	47955
thousand dollars, adjusted for the estimated rate of inflation	47956
from January 1, 1993, to the end of the calendar year during which	47957
the renovation is completed, using the consumer price index for	47958
shelter costs for all urban consumers for the north central	47959
region, as published by the United States bureau of labor	47960
statistics.	47961

The department of job and family services may treat a	47962
renovation that costs more than eighty-five per cent of the cost	47963
of constructing new beds as an extensive renovation if the	47964
department determines that the renovation is more prudent than	47965
construction of new beds.	47966

(CC) "Title XIX" means Title XIX of the "Social Security	47967
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	47968

(DD) "Title XVIII" means Title XVIII of the "Social Security	47969
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	47970

Sec. 5111.69. (A) In accordance with 42 C.F.R. 431.12, there	47971
is hereby created the medical care advisory council. The council	47972
shall advise the department of job and family services about	47973
health and medical care services for purposes of the medicaid	47974
program. The department shall grant the council the opportunity to	47975
participate in medicaid policy development and program	47976
administration.	47977

(B) The council shall consist of the following members:

47978

(1) Three individuals representing health professions,	47979
including one or more individuals representing board-certified	47980
physicians, who are familiar with the medical needs of low-income	47981
population groups and with the resources available and required	47982
for their care, one appointed by the president of the senate, one	47983
appointed by the speaker of the house of representatives, and one	47984
appointed by the governor;	47985

(2) Two individuals representing consumers' groups, including	47986
medicaid recipients and consumer organizations such as labor	47987
unions, one appointed by the president of the senate and one	47988
appointed by the speaker of the house of representatives;	47989

(3) Three individuals representing health insuring	47990
corporations that have entered into contracts with the department	47991
pursuant to section 5111.17 of the Revised Code, one appointed by	47992
the president of the senate, one appointed by the speaker of the	47993
house of representatives, and one appointed by the governor;	47994

(4) Two individuals representing the business community, one	47995
appointed by the president of the senate and one appointed by the	47996
speaker of the house of representatives;	47997

(5) One individual representing county departments of job and	47998
family services, appointed by the governor.	47999

(C) The members of the council shall serve at the pleasure of	48000
their appointing authorities. Vacancies shall be filled in the	48001
manner provided for original appointments.	48002

(D) At its first meeting, the council shall organize by	48003
electing a chairperson from among its members and adopting bylaws	48004
for its operation. The bylaws shall include provisions specifying	48005
the length of the term a member may serve as chairperson.	48006

Sec. 5111.70. (A) As used in sections 5111.70 to 5111.7010	48007
of the Revised Code:	48008

(1) "Applicant" means an individual who applies to	48009
participate in the medicaid buy-in for workers with disabilities	48010
program.	48011

(2) "Earned income" has the meaning established by rules	48012
adopted under section 5111.707 of the Revised Code.	48013

(3) "Employed individual with a medically improved	48014
disability" has the same meaning as in 42 U.S.C. 1396d(v).	48015

(4) "Family" means an applicant or participant and the spouse	48016
and dependent children of the applicant or participant. If an	48017
applicant or participant is under eighteen years of age, "family"	48018
also means the parents of the applicant or participant.	48019

(5) "Federal poverty guidelines" has the same meaning as in	48020
section 5101.46 of the Revised Code.	48021

(6) "Income" means earned income and unearned income.

48022

(7) "Participant" means an individual who has been determined	48023
eligible for the medicaid buy-in for workers with disabilities	48024
program and is participating in the program.	48025

(8) "Supplemental security income program" means the program	48026
established under Title XVI of the "Social Security Act," 86 Stat.	48027
1329 (1972), 42 U.S.C. 1381, as amended.	48028

(9) "Medicaid buy-in for workers with disabilities program"	48029
means the component of the medicaid program established under	48030
sections 5111.70 to 5111.7010 of the Revised Code.	48031

(10) "Unearned income" has the meaning established by rules	48032
adopted under section 5111.707 of the Revised Code.	48033

(B) Not later than ninety days after the effective date of	48034
this section, the director of job and family services shall submit	48035
to the United States secretary of health and human services an	48036
amendment to the state medicaid plan and any federal waiver	48037
necessary to establish the medicaid buy-in for workers with	48038
disabilities program in accordance with 42 U.S.C. 1396a(a)	48039
(10)(A)(ii)(XV) and (XVI) and sections 5111.70 to 5111.7010 of the	48040
Revised Code. The director shall implement sections 5111.701 to	48041
5111.7010 of the Revised Code if the amendment and, if needed,	48042
federal waiver are approved.	48043

Sec. 5111.701. Under the medicaid buy-in for workers with	48044
disabilities program, an individual who does all of the following	48045
in accordance with rules adopted under section 5111.707 of the	48046
Revised Code qualifies for medical assistance under the medicaid	48047
program:	48048

(A) Applies for the medicaid buy-in for workers with	48049
disabilities program;	48050

(B) Provides satisfactory evidence of all of the following:

48051

(1) That the individual is at least sixteen years of age and	48052
under sixty-five years of age;	48053

(2) Except as provided in section 5111.706 of the Revised	48054
Code, that one of the following applies to the individual:	48055

(a) The individual is considered disabled for the purpose of	48056
the supplemental security income program, regardless of whether	48057
the individual receives supplemental security income benefits, and	48058
the individual has earnings from employment.	48059

(b) The individual is an employed individual with a medically	48060
improved disability.	48061

(3) That the value of the assets of the individual's family,	48062
less assets and asset value disregarded pursuant to rules adopted	48063
under section 5111.707 of the Revised Code, does not exceed the	48064
amount provided for by section 5111.702 of the Revised Code;	48065

(4) That the income of the individual's family, less amounts	48066
disregarded pursuant to section 5111.703 of the Revised Code, does	48067
not exceed two hundred fifty per cent of the federal poverty	48068
guidelines;	48069

(5) That the individual meets the additional eligibility	48070
requirements for the medicaid buy-in for workers with disabilities	48071
program that the director of job and family services establishes	48072
in rules adopted under section 5111.707 of the Revised Code.	48073

(C) To the extent required by section 5111.704 of the Revised	48074
Code, pays the premium established under that section.	48075

Sec. 5111.702. (A) Except as provided in division (B) of	48076
this section, the maximum value of assets, less assets and asset	48077
value disregarded pursuant to rules adopted under section 5111.707	48078
of the Revised Code, that an individual's family may have without	48079
the individual exceeding the asset eligibility limit for the	48080
medicaid buy-in for workers with disabilities program shall not	48081
exceed ten thousand dollars.	48082

(B) Each calendar year, the director of job and family	48083
services shall adjust the asset eligibility limit specified in	48084
division (A) of this section by the change in the consumer price	48085
index for all items for all urban consumers for the previous	48086
calendar year, as published by the United States bureau of labor	48087
statistics. The annual adjustment shall go into effect on the	48088
earliest date possible.	48089

Sec. 5111.703. For the purpose of determining whether an	48090
individual is within the eligibility limit for the medicaid buy-in	48091
for workers with disabilities program, all of the following apply:	48092

(A) The first twenty thousand dollars of the individual's	48093
earned income shall be disregarded.	48094

(B) No amount that an employer of a member of the	48095
individual's family pays to obtain health insurance for one or	48096
more members of the family, including any amount of a premium	48097
established under section 5111.704 of the Revised Code that the	48098
employer pays, shall be treated as the income of the individual's	48099
family.	48100

(C) All other amounts disregarded pursuant to rules adopted	48101
under section 5111.707 of the Revised Code shall be applied to the	48102
income of the individual's family.	48103

Sec. 5111.704. (A) An individual whose family's income	48104
exceeds one hundred fifty per cent of the federal poverty	48105
guidelines shall pay an annual premium as a condition of	48106
qualifying for the medicaid buy-in for workers with disabilities	48107
program. The amount of the premium shall be determined as follows:	48108

(1) Subtract one hundred fifty per cent of the federal	48109
poverty guidelines, as applicable for a family size equal to the	48110
size of the individual's family, from the amount of the income of	48111
the individual's family;	48112

(2) Subtract any amount a member of the individual's family	48113
pays, whether by payroll deduction or otherwise, for other health	48114
insurance for one or more members of the family from the	48115
difference determined under division (A)(1) of this section;	48116

(3) Multiply the difference determined under division (A)(2)	48117
of this section by one tenth.	48118

(B) No amount that an employer of a member of an individual's	48119
family pays to obtain health insurance for one or more members of	48120
the individual's family, including any amount of a premium	48121
established under this section that the employer pays, shall be	48122
treated as the income of the individual's family for the purpose	48123
of this section.	48124

Sec. 5111.705. No individual shall be denied eligibility for	48125
the medicaid buy-in for workers with disabilities program on the	48126
basis that the individual receives services under a home and	48127
community-based services medicaid waiver component as defined in	48128
section 5111.851 of the Revised Code.	48129

Sec. 5111.706. An individual participating in the medicaid	48130
buy-in for workers with disabilities program may continue to	48131
participate in the program for up to six months even though the	48132
individual ceases to have earnings from employment or to be an	48133
employed individual with a medically improved disability due to	48134
ceasing to be employed if the individual continues to meet all	48135
other eligibility requirements for the program.	48136

Sec. 5111.707. The director of job and family services shall	48137
adopt rules in accordance with Chapter 119. of the Revised Code as	48138
necessary to implement the medicaid buy-in for workers with	48139
disabilities program. The rules shall do all of the following:	48140

(A) Specify assets, asset values, and amounts to be	48141
disregarded in determining asset and income eligibility limits for	48142
the program;	48143

(B) Establish meanings for the terms "earned income" and	48144
"unearned income";	48145

(C) Establish additional eligibility requirements for the	48146
program that must be established for the United States secretary	48147
of health and human services to approve the program.	48148

Sec. 5111.708. (A) There is hereby created the medicaid	48149
buy-in advisory council. The council shall consist of the	48150
following members:	48151

(1) The executive director of assistive technology of Ohio or	48152
the executive director's designee;	48153

(2) The director of the axis center for public awareness of	48154
people with disabilities or the director's designee;	48155

(3) The executive director of the cerebral palsy association	48156
of Ohio or the executive director's designee;	48157

(4) The chief executive officer of Ohio advocates for mental	48158
health or the chief executive officer's designee;	48159

(5) The state director of the Ohio chapter of AARP or the	48160
state director's designee;	48161

(6) The director of the Ohio developmental disabilities	48162
council created under section 5123.35 of the Revised Code or the	48163
director's designee;	48164

(7) The executive director of the governor's council on	48165
people with disabilities created under section 3303.41 of the	48166
Revised Code or the executive director's designee;	48167

(8) The administrator of the legal rights service created	48168
under section 5123.60 of the Revised Code or the administrator's	48169
designee;	48170

(9) The chairperson of the Ohio Olmstead task force or the	48171
chairperson's designee;	48172

(10) The executive director of the Ohio statewide independent	48173
living council or the executive director's designee;	48174

(11) The president of the Ohio chapter of the national	48175
multiple sclerosis society or the president's designee;	48176

(12) The executive director of the arc of Ohio or the	48177
executive director's designee;	48178

(13) The executive director of the commission on minority	48179
health or the executive director's designee.	48180

(B) All members of the medicaid buy-in advisory council shall	48181
serve without compensation or reimbursement, except as serving on	48182
the council is considered part of their usual job duties.	48183

(C) The members of the medicaid buy-in advisory council shall	48184
elect one of the members of the council to serve as the council's	48185
chairperson for a two-year term. The chairperson may be re-elected	48186
to successive terms.	48187

(D) The department of job and family services shall provide	48188
the Ohio medicaid buy-in advisory council with accommodations for	48189
the council to hold its meetings and shall provide the council	48190
with other administrative assistance the council needs to perform	48191
its duties.	48192

Sec. 5111.709. The director of job and family services or	48193
the director's designee shall consult with the medicaid buy-in	48194
advisory council before adopting, amending, or rescinding any	48195
rules under section 5111.707 of the Revised Code governing the	48196
medicaid buy-in for workers with disabilities program.	48197

The director or designee shall meet at least quarterly with	48198
the council to discuss the program. At the meetings, the council	48199
may provide the director or designee with suggestions for	48200
improving the program and the director or designee shall provide	48201
the council with all of the following information:	48202

(A) The number of individuals who participated in the program	48203
the previous calendar quarter;	48204

(B) The cost of the program the previous calendar quarter;

48205

(C) The amount of revenue generated the previous quarter by	48206
premiums that participants pay under section 5111.704 of the	48207
Revised Code;	48208

(D) The average amount of earned income of participants'	48209
families;	48210

(E) The average amount of time participants have participated	48211
in the program;	48212

(F) The types of other health insurance participants have	48213
been able to obtain.	48214

Sec. 5111.7010. Not less than once each year, the director	48215
of job and family services shall submit a report on the medicaid	48216
buy-in for workers with disabilities program to the governor,	48217
speaker and minority leader of the house of representatives,	48218
president and minority leader of the senate, and chairpersons of	48219
the house and senate committees to which the biennial operating	48220
budget bill is referred. The report shall include all of the	48221
following information:	48222

(A) The number of individuals who participated in the	48223
medicaid buy-in for workers with disabilities program;	48224

(B) The cost of the program;

48225

(C) The amount of revenue generated by premiums that	48226
participants pay under section 5111.704 of the Revised Code;	48227

(D) The average amount of earned income of participants'	48228
families;	48229

(E) The average amount of time participants have participated	48230
in the program;	48231

(F) The types of other health insurance participants have	48232
been able to obtain.	48233

Sec. 5111.84. The director of job and family services may not	48234
submit a request to the United States secretary of health and	48235
human services for a medicaid waiver under section 1115 of the	48236
"Social Security Act of 1935," 42 U.S.C. 1315, unless the director	48237
provides the speaker of the house of representatives and president	48238
of the senate written notice of the director's intent to submit	48239
the request at least ten days before the date the director submits	48240
the request to the United States secretary. The notice shall	48241
include a detailed explanation of the medicaid waiver the director	48242
proposes to seek.	48243

Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855	48244
of the Revised Code:	48245

"Administrative agency" means, with respect to a home and	48246
community-based services medicaid waiver component, the department	48247
of job and family services or, if a state agency or political	48248
subdivision contracts with the department under section 5111.91 of	48249
the Revised Code to administer the component, that state agency or	48250
political subdivision.	48251

"Home and community-based services medicaid waiver component"	48252
means a medicaid waiver component under which home and	48253
community-based services are provided as an alternative to	48254
hospital, nursing facility, or intermediate care facility for the	48255
mentally retarded services.	48256

"Hospital" has the same meaning as in section 3727.01 of the	48257
Revised Code.	48258

"Intermediate care facility for the mentally retarded" has	48259
the same meaning as in section 5111.20 of the Revised Code.	48260

"Level of care determination" means a determination of	48261
whether an individual needs the level of care provided by a	48262
hospital, nursing facility, or intermediate care facility for the	48263
mentally retarded and whether the individual, if determined to	48264
need that level of care, would receive hospital, nursing facility,	48265
or intermediate care facility for the mentally retarded services	48266
if not for a home and community-based services medicaid waiver	48267
component.	48268

"Medicaid buy-in for workers with disabilities program" means	48269
the component of the medicaid program established under sections	48270
5111.70 to 5111.7010 of the Revised Code.	48271

"Nursing facility" has the same meaning as in section 5111.20	48272
of the Revised Code.	48273

"Skilled nursing facility" means a facility certified as a	48274
skilled nursing facility under Title XVIII of the "Social Security	48275
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	48276

(B) The following requirements apply to each home and	48277
community-based services medicaid waiver component:	48278

(1) Only an individual who qualifies for a component shall	48279
receive that component's services.	48280

(2) A level of care determination shall be made as part of	48281
the process of determining whether an individual qualifies for a	48282
component and shall be made each year after the initial	48283
determination if, during such a subsequent year, the	48284
administrative agency determines there is a reasonable indication	48285
that the individual's needs have changed.	48286

(3) A written plan of care or individual service plan based	48287
on an individual assessment of the services that an individual	48288
needs to avoid needing admission to a hospital, nursing facility,	48289
or intermediate care facility for the mentally retarded shall be	48290
created for each individual determined eligible for a component.	48291

(4) Each individual determined eligible for a component shall	48292
receive that component's services in accordance with the	48293
individual's level of care determination and written plan of care	48294
or individual service plan.	48295

(5) No individual may receive services under a component	48296
while the individual is a hospital inpatient or resident of a	48297
skilled nursing facility, nursing facility, or intermediate care	48298
facility for the mentally retarded.	48299

(6) No individual may receive prevocational, educational, or	48300
supported employment services under a component if the individual	48301
is eligible for such services that are funded with federal funds	48302
provided under 29 U.S.C. 730 or the "Individuals with Disabilities	48303
Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.	48304

(7) Safeguards shall be taken to protect the health and	48305
welfare of individuals receiving services under a component,	48306
including safeguards established in rules adopted under section	48307
5111.85 of the Revised Code and safeguards established by	48308
licensing and certification requirements that are applicable to	48309
the providers of that component's services.	48310

(8) No services may be provided under a component by a	48311
provider that is subject to standards that 42 U.S.C. 1382e(e)(1)	48312
requires be established if the provider fails to comply with the	48313
standards applicable to the provider.	48314

(9) Individuals determined to be eligible for a component, or	48315
such individuals' representatives, shall be informed of that	48316
component's services, including any choices that the individual or	48317
representative may make regarding the component's services, and	48318
given the choice of either receiving services under that component	48319
or, as appropriate, hospital, nursing facility, or intermediate	48320
care facility for the mentally retarded services.	48321

(10) No individual shall lose eligibility for services under	48322
a component, or have the services reduced or otherwise disrupted,	48323
on the basis that the individual also receives services under the	48324
medicaid buy-in for workers with disabilities program.	48325

(11) No individual shall lose eligibility for services under	48326
a component, or have the services reduced or otherwise disrupted,	48327
on the basis that the individual's income or assets increase to an	48328
amount above the eligibility limit for the component if the	48329
individual is participating in the medicaid buy-in for workers	48330
with disabilities program and the amount of the individual's	48331
income or assets does not exceed the eligibility limit for the	48332
medicaid buy-in for workers with disabilities program.	48333

(12) No individual receiving services under a component shall	48334
be required to pay any cost sharing expenses for the services for	48335
any period during which the individual also participates in the	48336
medicaid buy-in for workers with disabilities program.	48337

Sec. 5111.871. The department of job and family services	48338
shall enter into a contract with the department of mental	48339
retardation and developmental disabilities under section 5111.91	48340
of the Revised Code with regard to one or more of the components	48341
of the medicaid program established by the department of job and	48342
family services under one or more of the medicaid waivers sought	48343
under section 5111.87 of the Revised Code. The contract shall	48344
provide for the department of mental retardation and developmental	48345
disabilities to administer the components in accordance with the	48346
terms of the waivers. The directors of job and family services and	48347
mental retardation and developmental disabilities shall adopt	48348
rules in accordance with Chapter 119. of the Revised Code	48349
governing the components.	48350

If the department of mental retardation and developmental	48351
disabilities or the department of job and family services denies	48352
an individual's application for home and community-based services	48353
provided under any of these medicaid components, the department	48354
that denied the services shall give timely notice to the	48355
individual that the individual may request a hearing under section	48356
5101.35 of the Revised Code.	48357

The departments of mental retardation and developmental	48358
disabilities and job and family services may approve, reduce,	48359
deny, or terminate a service included in the individualized	48360
service plan developed for a medicaid recipient eligible for home	48361
and community-based services provided under any of these medicaid	48362
components. The departments shall consider the recommendations a	48363
county board of mental retardation and developmental disabilities	48364
makes under division (A)(1)(c) of section 5126.055 of the Revised	48365
Code. If either department approves, reduces, denies, or	48366
terminates a service, that department shall give timely notice to	48367
the medicaid recipient that the recipient may request a hearing	48368
under section 5101.35 of the Revised Code.	48369

If supported living ~~or residential services~~, as defined in	48370
section 5126.01 of the Revised Code, ~~are~~is to be provided as a	48371
service under any of these components, any person or government	48372
entity with a current, valid medicaid provider agreement and a	48373
current, valid ~~license under section 5123.19 or~~ certificate under	48374
section ~~5123.16 or 5126.431~~5123.161 of the Revised Code may	48375
provide the ~~services~~service.	48376

If a service is to be provided under any of these components	48377
by a residential facility, as defined in section 5123.19 of the	48378
Revised Code, any person or government entity with a current,	48379
valid medicaid provider agreement and a current, valid license	48380
under section 5123.19 of the Revised Code may provide the service.	48381

Sec. 5111.872. When the department of mental retardation and	48382
developmental disabilities allocates enrollment numbers to a	48383
county board of mental retardation and developmental disabilities	48384
for home and community-based services specified in division (B)(1)	48385
of section 5111.87 of the Revised Code and provided under any of	48386
the components of the medicaid program that the department	48387
administers under section 5111.871 of the Revised Code, the	48388
department shall consider all of the following:	48389

(A) The number of individuals with mental retardation or	48390
other developmental disability who are on a waiting list the	48391
county board establishes under division (C) of section 5126.042 of	48392
the Revised Code for those services and are given priority on the	48393
waiting list pursuant to division (D) or (E) of that section;	48394

(B) The implementation component required by division	48395
(A)~~(4)~~(3) of section 5126.054 of the Revised Code of the county	48396
board's plan approved under section 5123.046 of the Revised Code;	48397

(C) Anything else the department considers necessary to	48398
enable county boards to provide those services to individuals in	48399
accordance with the priority requirements of divisions (D) and (E)	48400
of section 5126.042 of the Revised Code.	48401

Sec. 5111.8814. An intermediate care facility for the	48402
mentally retarded that converts in whole to providing home and	48403
community-based services under the ICF/MR conversion pilot program	48404
shall either be licensed as a residential facility under section	48405
5123.19 of the Revised Code or certified to provide supported	48406
living under section ~~5126.431~~5123.161 of the Revised Code. If an	48407
intermediate care facility for the mentally retarded converts in	48408
part to providing such home and community-based services, the	48409
distinct part of the facility that provides the home and	48410
community-based services shall either be licensed as a residential	48411
facility under section 5123.19 of the Revised Code or certified to	48412
provide supported living under section ~~5126.431~~5123.161 of the	48413
Revised Code. The facility or distinct part of the facility shall	48414
be licensed as a residential facility rather than certified to	48415
provide supported living if it meets the definition of	48416
"residential facility" in section 5123.19 of the Revised Code.	48417

Sec. 5111.89. (A) As used in sections 5111.89 to ~~5111.893~~	48418
5111.894 of the Revised Code:	48419

"Area agency on aging" has the same meaning as in section	48420
173.14 of the Revised Code.	48421

"Assisted living program" means the medicaid waiver component	48422
for which the director of job and family services is authorized by	48423
this section to request a medicaid waiver.	48424

"Assisted living services" means the following home and	48425
community-based services: personal care, homemaker, chore,	48426
attendant care, companion, medication oversight, and therapeutic	48427
social and recreational programming.	48428

"County or district home" means a county or district home	48429
operated under Chapter 5155. of the Revised Code.	48430

"Long-term care consultation program" means the program the	48431
department of aging is required to develop under section 173.42 of	48432
the Revised Code.	48433

"Long-term care consultation program administrator" or	48434
"administrator" means the department of aging or, if the	48435
department contracts with an area agency on aging or other entity	48436
to administer the long-term care consultation program for a	48437
particular area, that agency or entity.	48438

"Medicaid waiver component" has the same meaning as in	48439
section 5111.85 of the Revised Code.	48440

"Nursing facility" has the same meaning as in section 5111.20	48441
of the Revised Code.	48442

"Residential care facility" has the same meaning as in	48443
section 3721.01 of the Revised Code.	48444

(B) The director of job and family services may submit a	48445
request to the United States secretary of health and human	48446
services under 42 U.S.C. 1396n to obtain a waiver of federal	48447
medicaid requirements that would otherwise be violated in the	48448
creation and implementation of a program under which assisted	48449
living services are provided to not more than one thousand eight	48450
hundred individuals who meet the program's eligibility	48451
requirements established under section 5111.891 of the Revised	48452
Code.	48453

If the secretary approves the medicaid waiver requested under	48454
this section and the director of budget and management approves	48455
the contract, the department of job and family services shall	48456
enter into a contract with the department of aging under section	48457
5111.91 of the Revised Code that provides for the department of	48458
aging to administer the assisted living program. The contract	48459
shall include an estimate of the program's costs.	48460

The director of job and family services may adopt rules under	48461
section 5111.85 of the Revised Code regarding the assisted living	48462
program. The director of aging may adopt rules under Chapter 119.	48463
of the Revised Code regarding the program that the rules adopted	48464
by the director of job and family services authorize the director	48465
of aging to adopt.	48466

Sec. 5111.891. To be eligible for the assisted living	48467
program, an individual must meet all of the following	48468
requirements:	48469

(A) Need an intermediate level of care as determined under	48470
rule 5101:3-3-06 of the Administrative Code;	48471

(B) At the time the individual applies for the assisted	48472
living program, be one of the following:	48473

(1) A nursing facility resident who is seeking to move to a	48474
residential care facility and would remain in a nursing facility	48475
for long term care if not for the assisted living program;	48476

(2) A participant of any of the following medicaid waiver	48477
components who would move to a nursing facility if not for the	48478
assisted living program:	48479

(a) The PASSPORT program created under section 173.40 of the	48480
Revised Code;	48481

(b) The medicaid waiver component called the choices program	48482
that the department of aging administers;	48483

(c) A medicaid waiver component that the department of job	48484
and family services administers.	48485

(3) A resident of a residential care facility who has resided	48486
in a residential care facility for at least six months immediately	48487
before the date the individual applies for the assisted living	48488
program.	48489

(C) At the time the individual receives assisted living	48490
services under the assisted living program, reside in a	48491
residential care facility, including both of the following:	48492

(1) A residential care facility that is owned or operated by	48493
a metropolitan housing authority that has a contract with the	48494
United States department of housing and urban development to	48495
receive an operating subsidy or rental assistance for the	48496
residents of the facility;	48497

(2) A county or district home licensed as a residential care	48498
facility.	48499

(D) Meet all other eligibility requirements for the assisted	48500
living program established in rules adopted under section 5111.85	48501
of the Revised Code.	48502

Sec. 5111.894. When an area agency on aging determines that	48503
an individual who is eligible for the medicaid program and resides	48504
in the area that the area agency on aging serves has been admitted	48505
to a nursing facility, the agency shall notify the long-term care	48506
consultation program administrator serving the area in which the	48507
individual resides about the determination. The administrator	48508
shall determine whether the assisted living program is appropriate	48509
for the individual and whether the individual would rather	48510
participate in the assisted living program than continue residing	48511
in the nursing facility. If the administrator determines that the	48512
assisted living program is appropriate for the individual and the	48513
individual would rather participate in the assisted living program	48514
than continue residing in the nursing facility, the administrator	48515
shall provide the individual or individual's representative	48516
information about how to apply for the assisted living program and	48517
whether there is a waiting list for the assisted living program.	48518

Sec. 5111.915. (A) The department of job and family services	48519
shall enter into an agreement with the department of	48520
administrative services for the department of administrative	48521
services to contract through competitive selection pursuant to	48522
section 125.07 of the Revised Code with a vendor to perform an	48523
assessment of the data collection and data warehouse functions of	48524
the medicaid data warehouse system, including the ability to link	48525
the data sets of all agencies serving medicaid recipients.	48526

The assessment of the data system shall include functions	48527
related to fraud and abuse detection, program management and	48528
budgeting, and performance measurement capabilities of all	48529
agencies serving medicaid recipients, including the departments of	48530
aging, alcohol and drug addiction services, health, job and family	48531
services, mental health, and mental retardation and developmental	48532
disabilities.	48533

The department of administrative services shall enter into	48534
this contract within thirty days after ~~the effective date of this~~	48535
~~section~~September 29, 2005. The contract shall require the vendor	48536
to complete the assessment within ninety days after ~~the effective~~	48537
~~date of this section~~September 29, 2005.	48538

A qualified vendor with whom the department of administrative	48539
services contracts to assess the data system shall also assist the	48540
medicaid agencies in the definition of the requirements for an	48541
enhanced data system or a new data system and assist the	48542
department of administrative services in the preparation of a	48543
request for proposal to enhance or develop a data system.	48544

(B) Based on the assessment performed pursuant to division	48545
(A) of this section, the ~~department of administrative services~~	48546
office of information technology shall seek a qualified vendor	48547
through competitive selection pursuant to section 125.07 of the	48548
Revised Code to develop or enhance a data collection and data	48549
warehouse system for the department of job and family services and	48550
all agencies serving medicaid recipients.	48551

Within ninety days after ~~the effective date of this section~~	48552
September 29, 2005, the department of job and family services	48553
shall seek enhanced federal funding for ninety per cent of the	48554
funds required to establish or enhance the data system. The	48555
~~department of administrative services~~office of information	48556
technology shall not award a contract for establishing or	48557
enhancing the data system until the department of job and family	48558
services receives approval from the secretary of the United States	48559
department of health and human services for the ninety per cent	48560
federal match.	48561

Sec. 5112.341. (A) In addition to assessing a penalty	48562
pursuant to section 5112.34 of the Revised Code, the department of	48563
job and family services may do ~~either~~any of the following if an	48564
intermediate care facility for the mentally retarded fails to pay	48565
the full amount of a franchise permit fee installment when due:	48566

(1) Withhold an amount less than or equal to the installment	48567
and penalty assessed under section 5112.34 of the Revised Code	48568
from a medicaid payment due the facility until the facility pays	48569
the installment and penalty;	48570

(2) Offset an amount less than or equal to the installment	48571
and penalty assessed under section 5112.34 of the Revised Code	48572
from a Medicaid payment due the nursing facility or hospital;	48573

(3) Terminate the facility's medicaid provider agreement.

48574

(B) The department may ~~withhold~~offset a medicaid payment	48575
under division (A)(1) of this section without providing notice to	48576
the intermediate care facility for the mentally retarded and	48577
without conducting an adjudication under Chapter 119. of the	48578
Revised Code.	48579

Sec. 5115.12. (A) The director of job and family services	48580
shall adopt rules in accordance with section 111.15 of the Revised	48581
Code governing the disability medical assistance program. The	48582
rules may establish or specify any or all of the following:	48583

(1) Income, resource, citizenship, age, residence, living	48584
arrangement, and other eligibility requirements;	48585

(2) Health services to be included in the program;

48586

(3) The maximum authorized amount, scope, duration, or limit	48587
of payment for services;	48588

(4) Limits on the length of time an individual may receive	48589
disability medical assistance;	48590

(5) Limits on the total number of individuals in the state	48591
who may receive disability medical assistance;	48592

(6) Limits on the number and types of providers eligible to	48593
be reimbursed for services provided to individuals enrolled in the	48594
program.	48595

(B) For purposes of limiting the cost of the disability	48596
medical assistance program, the director may do either of the	48597
following:	48598

(1) Adopt rules in accordance with section 111.15 of the	48599
Revised Code that revise the program's eligibility requirements;	48600
the maximum authorized amount, scope, duration, or limit of	48601
payment for services included in the program; or any other	48602
requirement or standard established or specified by rules adopted	48603
under division (A) of this section or under section 5115.10 of the	48604
Revised Code;	48605

(2) Suspend acceptance of applications for disability medical	48606
assistance. While a suspension is in effect, no person shall	48607
receive a determination or redetermination of eligibility for	48608
disability medical assistance unless the person was receiving the	48609
assistance during the month immediately preceding the suspension's	48610
effective date or the person submitted an application prior to the	48611
suspension's effective date and receives a determination of	48612
eligibility based on that application. The director may adopt	48613
rules in accordance with section 111.15 of the Revised Code	48614
establishing requirements and specifying procedures applicable to	48615
the suspension of acceptance of applications.	48616

Sec. 5119.611. (A) A community mental health agency that	48617
seeks certification of its community mental health services shall	48618
submit an application to the director of mental health. On receipt	48619
of the application, the director may visit and shall evaluate the	48620
agency to determine whether its services satisfy the standards	48621
established by rules adopted under division ~~(D)~~(C) of this	48622
section. The director shall make the evaluation, and, if the	48623
director visits the agency, shall make the visit, in cooperation	48624
with the board of alcohol, drug addiction, and mental health	48625
services with which the agency seeks to contract under division	48626
(A)(8)(a) of section 340.03 of the Revised Code.	48627

~~Subject to divisions (B) and (C) of this section~~If the	48628
director determines that a community mental health agency's	48629
services satisfy the standards and the agency has paid the fee	48630
required under division (B) of this section, the director shall	48631
certify ~~a community mental health agency's~~the services ~~that the~~	48632
~~director determines satisfy the standards~~.	48633

If the director determines that a community mental health	48634
agency's services do not satisfy the standards, the director shall	48635
identify the areas of noncompliance, specify what action is	48636
necessary to satisfy the standards, and offer technical assistance	48637
to the board of alcohol, drug addiction, and mental health	48638
services so that the board may assist the agency in satisfying the	48639
standards. The director shall give the agency a reasonable time	48640
within which to demonstrate that its services satisfy the	48641
standards or to bring the services into compliance with the	48642
standards. If the director concludes that the services continue to	48643
fail to satisfy the standards, the director may request that the	48644
board reallocate the funds for the community mental health	48645
services the agency was to provide to another community mental	48646
health agency whose community mental health services satisfy the	48647
standards. If the board does not reallocate those funds in a	48648
reasonable period of time, the director may withhold state and	48649
federal funds for the community mental health services and	48650
allocate those funds directly to a community mental health agency	48651
whose community mental health services satisfy the standards.	48652

(B) Each community mental health agency seeking certification	48653
of its community mental health services under this section shall	48654
pay a fee for the certification review required by this section.	48655
Fees shall be paid into the sale of goods and services fund	48656
created pursuant to section 5119.161 of the Revised Code.	48657

(C) ~~The director may certify a community mental health~~	48658
~~service only if the service is for individuals whose focus of~~	48659
~~treatment is a mental disorder according to the edition of the~~	48660
~~American psychiatric association's diagnostic and statistical~~	48661
~~manual of mental disorders that is current at the time the~~	48662
~~director issues the certification, including such services for~~	48663
~~individuals who have a mental disorder and a co-occurring~~	48664
~~substance use disorder, substance induced disorder, chronic~~	48665
~~dementing organic mental disorder, mental retardation, or~~	48666
~~developmental disability. The director may not certify a service~~	48667
~~that is for individuals whose focus of treatment is solely a~~	48668
~~substance use disorder, substance-induced disorder, chronic~~	48669
~~dementing organic mental disorder, mental retardation, or~~	48670
~~developmental disability.~~	48671

~~(D)~~ The director shall adopt rules in accordance with Chapter	48672
119. of the Revised Code to implement this section. The rules	48673
shall do all of the following:	48674

(1) Establish certification standards for community mental	48675
health services, including assertive community treatment and	48676
intensive home-based mental health services, that are consistent	48677
with nationally recognized applicable standards and facilitate	48678
participation in federal assistance programs. The rules shall	48679
include as certification standards only requirements that improve	48680
the quality of services or the health and safety of clients of	48681
community mental health services. The standards shall address at a	48682
minimum all of the following:	48683

(a) Reporting major unusual incidents to the director;

48684

(b) Procedures for applicants for and clients of community	48685
mental health services to file grievances and complaints;	48686

48687

(d) Restraint;

48688

(e) Development of written policies addressing the rights of	48689
clients, including all of the following:	48690

(i) The right to a copy of the written policies addressing	48691
client rights;	48692

(ii) The right at all times to be treated with consideration	48693
and respect for the client's privacy and dignity;	48694

(iii) The right to have access to the client's own	48695
psychiatric, medical, or other treatment records unless access is	48696
specifically restricted in the client's treatment plan for clear	48697
treatment reasons;	48698

(iv) The right to have a client rights officer provided by	48699
the agency or board of alcohol, drug addiction, and mental health	48700
services advise the client of the client's rights, including the	48701
client's rights under Chapter 5122. of the Revised Code if the	48702
client is committed to the agency or board.	48703

(2) Establish standards for qualifications of mental health	48704
professionals as defined in section 340.02 of the Revised Code and	48705
personnel who provide the community mental health services;	48706

(3) Establish the process for certification of community	48707
mental health services;	48708

(4) Set the amount of certification review fees based on a	48709
portion of the cost of performing the review;	48710

(5) Specify the type of notice and hearing to be provided	48711
prior to a decision on whether to reallocate funds.	48712

Sec. 5123.01. As used in this chapter:

48713

(A) "Chief medical officer" means the licensed physician	48714
appointed by the managing officer of an institution for the	48715
mentally retarded with the approval of the director of mental	48716
retardation and developmental disabilities to provide medical	48717
treatment for residents of the institution.	48718

(B) "Chief program director" means a person with special	48719
training and experience in the diagnosis and management of the	48720
mentally retarded, certified according to division (C) of this	48721
section in at least one of the designated fields, and appointed by	48722
the managing officer of an institution for the mentally retarded	48723
with the approval of the director to provide habilitation and care	48724
for residents of the institution.	48725

(C) "Comprehensive evaluation" means a study, including a	48726
sequence of observations and examinations, of a person leading to	48727
conclusions and recommendations formulated jointly, with	48728
dissenting opinions if any, by a group of persons with special	48729
training and experience in the diagnosis and management of persons	48730
with mental retardation or a developmental disability, which group	48731
shall include individuals who are professionally qualified in the	48732
fields of medicine, psychology, and social work, together with	48733
such other specialists as the individual case may require.	48734

(D) "Education" means the process of formal training and	48735
instruction to facilitate the intellectual and emotional	48736
development of residents.	48737

(E) "Habilitation" means the process by which the staff of	48738
the institution assists the resident in acquiring and maintaining	48739
those life skills that enable the resident to cope more	48740
effectively with the demands of the resident's own person and of	48741
the resident's environment and in raising the level of the	48742
resident's physical, mental, social, and vocational efficiency.	48743
Habilitation includes but is not limited to programs of formal,	48744
structured education and training.	48745

(F) "Health officer" means any public health physician,	48746
public health nurse, or other person authorized or designated by a	48747
city or general health district.	48748

(G) "Home and community-based services" means medicaid-funded	48749
home and community-based services specified in division (B)(1) of	48750
section 5111.87 of the Revised Code provided under the medicaid	48751
waiver components the department of mental retardation and	48752
developmental disabilities administers pursuant to section	48753
5111.871 of the Revised Code.	48754

(H) "Indigent person" means a person who is unable, without	48755
substantial financial hardship, to provide for the payment of an	48756
attorney and for other necessary expenses of legal representation,	48757
including expert testimony.	48758

(I) "Institution" means a public or private facility, or a	48759
part of a public or private facility, that is licensed by the	48760
appropriate state department and is equipped to provide	48761
residential habilitation, care, and treatment for the mentally	48762
retarded.	48763

(J) "Licensed physician" means a person who holds a valid	48764
certificate issued under Chapter 4731. of the Revised Code	48765
authorizing the person to practice medicine and surgery or	48766
osteopathic medicine and surgery, or a medical officer of the	48767
government of the United States while in the performance of the	48768
officer's official duties.	48769

(K) "Managing officer" means a person who is appointed by the	48770
director of mental retardation and developmental disabilities to	48771
be in executive control of an institution for the mentally	48772
retarded under the jurisdiction of the department.	48773

(L) "Medicaid" has the same meaning as in section 5111.01 of	48774
the Revised Code.	48775

(M) "Medicaid case management services" means case management	48776
services provided to an individual with mental retardation or	48777
other developmental disability that the state medicaid plan	48778
requires.	48779

(N) "Mentally retarded person" means a person having	48780
significantly subaverage general intellectual functioning existing	48781
concurrently with deficiencies in adaptive behavior, manifested	48782
during the developmental period.	48783

(O) "Mentally retarded person subject to institutionalization	48784
by court order" means a person eighteen years of age or older who	48785
is at least moderately mentally retarded and in relation to whom,	48786
because of the person's retardation, either of the following	48787
conditions exist:	48788

(1) The person represents a very substantial risk of physical	48789
impairment or injury to self as manifested by evidence that the	48790
person is unable to provide for and is not providing for the	48791
person's most basic physical needs and that provision for those	48792
needs is not available in the community;	48793

(2) The person needs and is susceptible to significant	48794
habilitation in an institution.	48795

(P) "A person who is at least moderately mentally retarded"	48796
means a person who is found, following a comprehensive evaluation,	48797
to be impaired in adaptive behavior to a moderate degree and to be	48798
functioning at the moderate level of intellectual functioning in	48799
accordance with standard measurements as recorded in the most	48800
current revision of the manual of terminology and classification	48801
in mental retardation published by the American association on	48802
mental retardation.	48803

(Q) As used in this division, "substantial functional	48804
limitation," "developmental delay," and "established risk" have	48805
the meanings established pursuant to section 5123.011 of the	48806
Revised Code.	48807

"Developmental disability" means a severe, chronic disability	48808
that is characterized by all of the following:	48809

(1) It is attributable to a mental or physical impairment or	48810
a combination of mental and physical impairments, other than a	48811
mental or physical impairment solely caused by mental illness as	48812
defined in division (A) of section 5122.01 of the Revised Code.	48813

(2) It is manifested before age twenty-two.

48814

(3) It is likely to continue indefinitely.

48815

(4) It results in one of the following:

48816

(a) In the case of a person under three years of age, at	48817
least one developmental delay or an established risk;	48818

(b) In the case of a person at least three years of age but	48819
under six years of age, at least two developmental delays or an	48820
established risk;	48821

(c) In the case of a person six years of age or older, a	48822
substantial functional limitation in at least three of the	48823
following areas of major life activity, as appropriate for the	48824
person's age: self-care, receptive and expressive language,	48825
learning, mobility, self-direction, capacity for independent	48826
living, and, if the person is at least sixteen years of age,	48827
capacity for economic self-sufficiency.	48828

(5) It causes the person to need a combination and sequence	48829
of special, interdisciplinary, or other type of care, treatment,	48830
or provision of services for an extended period of time that is	48831
individually planned and coordinated for the person.	48832

(R) "Developmentally disabled person" means a person with a	48833
developmental disability.	48834

(S) "State institution" means an institution that is	48835
tax-supported and under the jurisdiction of the department.	48836

(T) "Residence" and "legal residence" have the same meaning	48837
as "legal settlement," which is acquired by residing in Ohio for a	48838
period of one year without receiving general assistance prior to	48839
July 17, 1995, under former Chapter 5113. of the Revised Code,	48840
financial assistance under Chapter 5115. of the Revised Code, or	48841
assistance from a private agency that maintains records of	48842
assistance given. A person having a legal settlement in the state	48843
shall be considered as having legal settlement in the assistance	48844
area in which the person resides. No adult person coming into this	48845
state and having a spouse or minor children residing in another	48846
state shall obtain a legal settlement in this state as long as the	48847
spouse or minor children are receiving public assistance, care, or	48848
support at the expense of the other state or its subdivisions. For	48849
the purpose of determining the legal settlement of a person who is	48850
living in a public or private institution or in a home subject to	48851
licensing by the department of job and family services, the	48852
department of mental health, or the department of mental	48853
retardation and developmental disabilities, the residence of the	48854
person shall be considered as though the person were residing in	48855
the county in which the person was living prior to the person's	48856
entrance into the institution or home. Settlement once acquired	48857
shall continue until a person has been continuously absent from	48858
Ohio for a period of one year or has acquired a legal residence in	48859
another state. A woman who marries a man with legal settlement in	48860
any county immediately acquires the settlement of her husband. The	48861
legal settlement of a minor is that of the parents, surviving	48862
parent, sole parent, parent who is designated the residential	48863
parent and legal custodian by a court, other adult having	48864
permanent custody awarded by a court, or guardian of the person of	48865
the minor, provided that:	48866

(1) A minor female who marries shall be considered to have	48867
the legal settlement of her husband and, in the case of death of	48868
her husband or divorce, she shall not thereby lose her legal	48869
settlement obtained by the marriage.	48870

(2) A minor male who marries, establishes a home, and who has	48871
resided in this state for one year without receiving general	48872
assistance prior to July 17, 1995, under former Chapter 5113. of	48873
the Revised Code, financial assistance under Chapter 5115. of the	48874
Revised Code, or assistance from a private agency that maintains	48875
records of assistance given shall be considered to have obtained a	48876
legal settlement in this state.	48877

(3) The legal settlement of a child under eighteen years of	48878
age who is in the care or custody of a public or private child	48879
caring agency shall not change if the legal settlement of the	48880
parent changes until after the child has been in the home of the	48881
parent for a period of one year.	48882

No person, adult or minor, may establish a legal settlement	48883
in this state for the purpose of gaining admission to any state	48884
institution.	48885

(U)(1) "Resident" means, subject to division (R)(2) of this	48886
section, a person who is admitted either voluntarily or	48887
involuntarily to an institution or other facility pursuant to	48888
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	48889
Code subsequent to a finding of not guilty by reason of insanity	48890
or incompetence to stand trial or under this chapter who is under	48891
observation or receiving habilitation and care in an institution.	48892

(2) "Resident" does not include a person admitted to an	48893
institution or other facility under section 2945.39, 2945.40,	48894
2945.401, or 2945.402 of the Revised Code to the extent that the	48895
reference in this chapter to resident, or the context in which the	48896
reference occurs, is in conflict with any provision of sections	48897
2945.37 to 2945.402 of the Revised Code.	48898

(V) "Respondent" means the person whose detention,	48899
commitment, or continued commitment is being sought in any	48900
proceeding under this chapter.	48901

(W) "Working day" and "court day" mean Monday, Tuesday,	48902
Wednesday, Thursday, and Friday, except when such day is a legal	48903
holiday.	48904

(X) "Prosecutor" means the prosecuting attorney, village	48905
solicitor, city director of law, or similar chief legal officer	48906
who prosecuted a criminal case in which a person was found not	48907
guilty by reason of insanity, who would have had the authority to	48908
prosecute a criminal case against a person if the person had not	48909
been found incompetent to stand trial, or who prosecuted a case in	48910
which a person was found guilty.	48911

(Y) "Court" means the probate division of the court of common	48912
pleas.	48913

(Z) "Supported living" has the same meaning as in section	48914
5126.01 of the Revised Code.	48915

Sec. 5123.012. (A) As used in this section:

48916

(1) "Biological risk" and "environmental risk" have the	48917
meanings established pursuant to section 5123.011 of the Revised	48918
Code.	48919

(2) "~~Handicapped preschool~~Preschool child with a disability"	48920
has the same meaning as in section 3323.01 of the Revised Code.	48921

(B) Except as provided in division (C) of this section, the	48922
department of mental retardation and developmental disabilities	48923
shall make eligibility determinations in accordance with the	48924
definition of "developmental disability" in section 5123.01 of the	48925
Revised Code. The department may adopt rules in accordance with	48926
Chapter 119. of the Revised Code establishing eligibility for	48927
programs and services for either of the following:	48928

(1) Individuals under age six who have a biological risk or	48929
environmental risk of a developmental delay;	48930

(2) Any ~~handicapped~~ preschool child with a disability	48931
eligible for services under section 3323.02 of the Revised Code	48932
whose ~~handicap~~disability is not attributable solely to mental	48933
illness as defined in section 5122.01 of the Revised Code.	48934

(C)(1) The department shall make determinations of	48935
eligibility for protective services in accordance with sections	48936
5123.55 to 5123.59 of the Revised Code.	48937

(2) Determinations of whether a mentally retarded person is	48938
subject to institutionalization by court order shall be made in	48939
accordance with sections 5123.71 to 5123.76 of the Revised Code	48940
and shall be based on the definition of "mentally retarded person	48941
subject to institutionalization by court order" in section 5123.01	48942
of the Revised Code.	48943

(3) All persons who were eligible for services and enrolled	48944
in programs offered by the department of mental retardation and	48945
developmental disabilities pursuant to this chapter on July 1,	48946
1991, shall continue to be eligible for those services and to be	48947
enrolled in those programs as long as they are in need of	48948
services.	48949

Sec. 5123.033. The program fee fund is hereby created in the	48950
state treasury. All fees collected pursuant to sections 5123.161,	48951
5123.164, 5123.19, and 5126.25 of the Revised Code shall be	48952
credited to the fund. Money credited to the fund shall be used	48953
solely for the department of mental retardation and developmental	48954
disabilities' duties under sections 5123.16 to 5123.169, 5123.19,	48955
and 5126.25 of the Revised Code and to provide continuing	48956
education and professional training to employees of county boards	48957
of mental retardation and developmental disabilities for the	48958
purpose of section 5126.25 of the Revised Code and other providers	48959
of services to individuals with mental retardation or a	48960
developmental disability. If the money credited to the fund is	48961
inadequate to pay all of the department's costs in performing	48962
those duties and providing the continuing education and	48963
professional training, the department may use other available	48964
funds appropriated to the department to pay the remaining costs of	48965
performing those duties and providing the continuing education and	48966
professional training.	48967

Sec. 5123.043. (A) The director of mental retardation and	48968
developmental disabilities shall adopt rules establishing	48969
procedures for administrative resolution of complaints filed under	48970
division (B) of this section and section 5126.06 of the Revised	48971
Code. The rules shall be adopted in accordance with Chapter 119.	48972
of the Revised Code.	48973

(B) Except as provided in division (C) of this section, any	48974
person or county board of mental retardation and developmental	48975
disabilities that has a complaint involving any of the programs,	48976
services, policies, or administrative practices of the department	48977
of mental retardation and developmental disabilities or any of the	48978
entities under contract with the department, may file a complaint	48979
with the department. Prior to commencing a civil action regarding	48980
the complaint, a person or county board shall attempt to have the	48981
complaint resolved through the administrative resolution process	48982
established in the rules adopted under this section. After	48983
exhausting the administrative resolution process, the person or	48984
county board may commence a civil action if the complaint is not	48985
settled to the person's or county board's satisfaction.	48986

(C) An employee of the department may not file under this	48987
section a complaint related to the terms and conditions of	48988
employment for the employee.	48989

~~(D) This section does not apply to a conflict between a~~	48990
~~county board of mental retardation and developmental disabilities~~	48991
~~and a person or government entity that provides or seeks to~~	48992
~~provide services to an individual with mental retardation or other~~	48993
~~developmental disability. Section 5126.036 of the Revised Code~~	48994
~~applies to such a conflict.~~	48995

Sec. 5123.045. No person or government entity shall receive	48996
payment for providing home and community-based services unless the	48997
person or government entity is one of the following:	48998

(A) Certified under section ~~5123.16~~5123.161 of the Revised	48999
Code;	49000

(B) Licensed as a residential facility under section 5123.19	49001
of the Revised Code.	49002

Sec. 5123.046. The department of mental retardation and	49003
developmental disabilities shall review each component of the	49004
three-calendar-year plan it receives from a county board of mental	49005
retardation and developmental disabilities under section 5126.054	49006
of the Revised Code and, in consultation with the department of	49007
job and family services and office of budget and management,	49008
approve each component that includes all the information and	49009
conditions specified in that section. The ~~fourth~~third component	49010
of the plan shall be approved or disapproved not later than	49011
forty-five days after the ~~fourth~~third component is submitted to	49012
the department ~~under division (B)(3) of section 5126.054 of the~~	49013
~~Revised Code~~. If the department approves all ~~four~~three components	49014
of the plan, the plan is approved. Otherwise, the plan is	49015
disapproved. If the plan is disapproved, the department shall take	49016
action against the county board under division (B) of section	49017
5126.056 of the Revised Code.	49018

In approving plans under this section, the department shall	49019
ensure that the aggregate of all plans provide for the increased	49020
enrollment into home and community-based services during each	49021
state fiscal year of at least five hundred individuals who did not	49022
receive residential services, supported living, or home and	49023
community-based services the prior state fiscal year if the	49024
department has enough additional enrollment available for this	49025
purpose.	49026

The department shall establish protocols that the department	49027
shall use to determine whether a county board is complying with	49028
the programmatic and financial accountability mechanisms and	49029
achieving outcomes specified in its approved plan. If the	49030
department determines that a county board is not in compliance	49031
with the mechanisms or achieving the outcomes specified in its	49032
approved plan, the department may take action under division (F)	49033
of section 5126.055 of the Revised Code.	49034

Sec. 5123.047. ~~(A)~~ The department of mental retardation and	49035
developmental disabilities shall pay the nonfederal share of	49036
medicaid expenditures for medicaid case management services ~~if the~~	49037
~~services are provided to an individual with mental retardation or~~	49038
~~other developmental disability who a county board of mental~~	49039
~~retardation and developmental disabilities has determined under~~	49040
~~section 5126.041 of the Revised Code is not eligible for county~~	49041
~~board services.~~	49042

~~(B) The department shall pay the nonfederal share of medicaid~~	49043
~~expenditures for~~and home and community-based services ~~if any of~~	49044
~~the following apply:~~	49045

~~(1) The services are provided to an individual with mental~~	49046
~~retardation or other developmental disability who a county board~~	49047
~~has determined under section 5126.041 of the Revised Code is not~~	49048
~~eligible for county board services;~~	49049

~~(2) The services are provided to an individual with mental~~	49050
~~retardation or other developmental disability given priority for~~	49051
~~the services pursuant to division (D)(3) of section 5126.042 of~~	49052
~~the Revised Code. The department shall pay the nonfederal share of~~	49053
~~medicaid expenditures for home and community-based services~~	49054
~~provided to such an individual for as long as the individual~~	49055
~~continues to be eligible for and receive the services, regardless~~	49056
~~of whether the services are provided after June 30, 2003.~~	49057

~~(3) An agreement entered into under section 5123.048 of the~~	49058
~~Revised Code requires that the department pay the nonfederal share~~	49059
~~of medicaid expenditures for the services~~for which no county	49060
board of mental retardation and developmental disabilities is	49061
required by section 5126.059 or 5126.0510 of the Revised Code to	49062
pay.	49063

Sec. 5123.048. The director of mental retardation and	49064
developmental disabilities may enter into an agreement with a	49065
county board of mental retardation and developmental disabilities	49066
under which the department of mental retardation and developmental	49067
disabilities is to pay the nonfederal share of medicaid	49068
expenditures for one or more of the home and community-based	49069
services ~~provided to individuals with mental retardation or other~~	49070
~~developmental disability residing in the county served by~~that the	49071
county board would, if not for the agreement, be required by	49072
section 5126.0510 of the Revised Code to pay. The agreement shall	49073
specify which home and community-based services the agreement	49074
covers. The department shall pay the nonfederal share of medicaid	49075
expenditures for the home and community-based services that the	49076
agreement covers as long as the agreement is in effect.	49077

Sec. 5123.049. The director of mental retardation and	49078
developmental disabilities shall adopt rules in accordance with	49079
Chapter 119. of the Revised Code governing the authorization and	49080
payment of home and community-based services and medicaid case	49081
management services. The rules shall provide for private providers	49082
of the services to receive one hundred per cent of the medicaid	49083
allowable payment amount and for government providers of the	49084
services to receive the federal share of the medicaid allowable	49085
payment, less the amount withheld as a fee under section 5123.0412	49086
of the Revised Code and any amount that may be required by rules	49087
adopted under section 5123.0413 of the Revised Code to be	49088
deposited into the state MR/DD risk fund. The rules shall	49089
establish the process by which county boards of mental retardation	49090
and developmental disabilities shall certify and provide the	49091
nonfederal share of medicaid expenditures that the county board is	49092
required by ~~division (A) of section 5126.057~~sections 5126.059 and	49093
5126.0510 of the Revised Code to pay. The process shall require a	49094
county board to certify that the county board has funding	49095
available at one time for two months costs for those expenditures.	49096
The process may permit a county board to certify that the county	49097
board has funding available at one time for more than two months	49098
costs for those expenditures.	49099

Sec. 5123.0411. The department of mental retardation and	49100
developmental disabilities may bring a mandamus action against a	49101
county board of mental retardation and developmental disabilities	49102
that fails to pay the nonfederal share of medicaid expenditures	49103
that the county board is required by ~~division (A) of section~~	49104
~~5126.057~~sections 5126.059 and 5126.0510 of the Revised Code to	49105
pay. The department may bring the mandamus action in the court of	49106
common pleas of the county served by the county board or in the	49107
Franklin county court of common pleas.	49108

Sec. 5123.0414. (A) When the director of mental retardation	49109
and developmental disabilities, under section 119.07 of the	49110
Revised Code, sends a party a notice by registered mail, return	49111
receipt requested, that the director intends to take action	49112
against the party authorized by section 5123.082, 5123.166,	49113
5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised	49114
Code and the notice is returned to the director with an	49115
endorsement indicating that the notice was refused or unclaimed,	49116
the director shall resend the notice by ordinary mail to the	49117
party.	49118

(B) If the original notice was refused, the notice shall be	49119
deemed received as of the date the director resends the notice.	49120

(C) If the original notice was unclaimed, the notice shall be	49121
deemed received as of the date the director resends the notice	49122
unless, not later than thirty days after the date the director	49123
sent the original notice, the resent notice is returned to the	49124
director for failure of delivery.	49125

If the notice concerns taking action under section 5123.51 of	49126
the Revised Code and the resent notice is returned to the director	49127
for failure of delivery not later than thirty days after the date	49128
the director sent the original notice, the director shall cause	49129
the notice to be published in a newspaper of general circulation	49130
in the county of the party's last known residence or business and	49131
shall mail a dated copy of the published notice to the party at	49132
the last known address. The notice shall be deemed received as of	49133
the date of the publication.	49134

If the notice concerns taking action under section 5123.082,	49135
5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised	49136
Code and the resent notice is returned to the director for failure	49137
of delivery not later than thirty days after the date the director	49138
sent the original notice, the director shall resend the notice to	49139
the party a second time. The notice shall be deemed received as of	49140
the date the director resends the notice the second time.	49141

Sec. 5123.0415. As used in this section, "license" means a	49142
license, certificate, or evidence of registration.	49143

Each person and government entity that applies for or holds a	49144
valid license issued under section 5123.082, 5123.161, 5123.19,	49145
5123.45, 5126.25, or 5126.252 of the Revised Code shall notify the	49146
director of mental retardation and developmental disabilities of	49147
any change in the person or government entity's address.	49148

Sec. 5123.0416. (A) Subject to the availability of funds	49149
appropriated to the department of mental retardation and	49150
developmental disabilities for medicaid waiver state match, the	49151
department shall expend, in fiscal year 2009 and each fiscal year	49152
thereafter, not less than the amount appropriated in appropriation	49153
item 322-416, medicaid waiver – state match, in fiscal year 2008	49154
to do both of the following:	49155

(1) Pay the nonfederal share of medicaid expenditures for	49156
home and community-based services that section 5123.047 of the	49157
Revised Code requires the department to pay;	49158

(2) Assist county boards of mental retardation and	49159
developmental disabilities in paying the nonfederal share of	49160
medicaid expenditures for home and community-based services that	49161
section 5126.0510 of the Revised Code requires county boards to	49162
pay.	49163

(B) The department shall make the expenditures required by	49164
division (A)(2) of this section in the form of allocations to	49165
county boards or by other means. If the department makes the	49166
expenditures in the form of allocations, the process for making	49167
the allocations shall conform to a process the department shall	49168
establish after consulting with representatives of county boards.	49169

Sec. 5123.051. (A) If the department of mental retardation	49170
and developmental disabilities determines pursuant to an audit	49171
conducted under section 5123.05 of the Revised Code or a	49172
reconciliation conducted under section 5123.18 ~~or 5123.199~~ of the	49173
Revised Code that money is owed the state by a provider of a	49174
service or program, the department may enter into a payment	49175
agreement with the provider. The agreement shall include the	49176
following:	49177

(1) A schedule of installment payments whereby the money owed	49178
the state is to be paid in full within a period not to exceed one	49179
year;	49180

(2) A provision that the provider may pay the entire balance	49181
owed at any time during the term of the agreement;	49182

(3) A provision that if any installment is not paid in full	49183
within forty-five days after it is due, the entire balance owed is	49184
immediately due and payable;	49185

(4) Any other terms and conditions that are agreed to by the	49186
department and the provider.	49187

(B) The department may include a provision in a payment	49188
agreement that requires the provider to pay interest on the money	49189
owed the state. The department, in its discretion, shall determine	49190
whether to require the payment of interest and, if it so requires,	49191
the rate of interest. Neither the obligation to pay interest nor	49192
the rate of interest is subject to negotiation between the	49193
department and the provider.	49194

(C) If the provider fails to pay any installment in full	49195
within forty-five days after its due date, the department shall	49196
certify the entire balance owed to the attorney general for	49197
collection under section 131.02 of the Revised Code. The	49198
department may withhold funds from payments made to a provider	49199
under section 5123.18 ~~or 5123.199~~ of the Revised Code to satisfy a	49200
judgment secured by the attorney general.	49201

(D) The purchase of service fund is hereby created. Money	49202
credited to the fund shall be used solely for purposes of section	49203
5123.05 of the Revised Code.	49204

Sec. 5123.16. (A) As used in sections 5123.16 to 5123.169 of	49205
the Revised Code:	49206

(1) "Provider" means a person or government entity certified	49207
by the director of mental retardation and developmental	49208
disabilities to provide supported living.	49209

(2) "Related party" means any of the following:

49210

(a) In the case of a provider who is an individual, any of	49211
the following:	49212

(i) The spouse of the provider;

49213

(ii) A parent or stepparent of the provider or provider's	49214
spouse;	49215

(iii) A child of the provider or provider's spouse;

49216

(iv) A sibling, half sibling, or stepsibling of the provider	49217
or provider's spouse;	49218

(v) A grandparent of the provider or provider's spouse;

49219

(vi) A grandchild of the provider or provider's spouse;

49220

(vii) An employee or employer of the provider or provider's	49221
spouse.	49222

(b) In the case of a provider that is a person other than an	49223
individual, any of the following:	49224

(i) An employee of the person;

49225

(ii) An officer of the provider, including the chief	49226
executive officer, president, vice-president, secretary, and	49227
treasurer;	49228

(iii) A member of the provider's board of directors or	49229
trustees;	49230

(iv) A person owning a financial interest of five per cent or	49231
more in the provider;	49232

(v) A corporation that has a subsidiary relationship with the	49233
provider;	49234

(vi) A person or government entity that has control over the	49235
provider's day-to-day operation;	49236

(vii) A person over which the provider has control of the	49237
day-to-day operation.	49238

(c) In the case of a provider that is a government entity,	49239
any of the following:	49240

(i) An employee of the provider;

49241

(ii) An officer of the provider;

49242

(iii) A member of the provider's governing board;

49243

(iv) A government entity that has control over the provider's	49244
day-to-day operation;	49245

(v) A person or government entity over which the provider has	49246
control of the day-to-day operation.	49247

(B) No person or government entity may provide supported	49248
living without a valid supported living certificate issued by the	49249
director of mental retardation and developmental disabilities.	49250

(C) A county board of mental retardation and developmental	49251
disabilities may provide supported living only to the extent	49252
permitted by rules adopted under section 5123.169 of the Revised	49253
Code.	49254

Sec. 5123.161. A person or government entity that seeks to	49255
provide supported living shall apply to the director of mental	49256
retardation and developmental disabilities for a supported living	49257
certificate.	49258

Except as provided in section 5123.166 of the Revised Code,	49259
the director shall issue the applicant a supported living	49260
certificate if the applicant follows the application process	49261
established in rules adopted under section 5123.169 of the Revised	49262
Code, meets the applicable certification standards established in	49263
those rules, and pays the certification fee established in those	49264
rules.	49265

Sec. 5123.162. The director of mental retardation and	49266
developmental disabilities may conduct surveys of persons and	49267
government entities that seek a supported living certificate to	49268
determine whether the persons and government entities meet the	49269
certification standards. The director may also conduct surveys of	49270
providers to determine whether the providers continue to meet the	49271
certification standards. The director shall conduct the surveys in	49272
accordance with rules adopted under section 5123.169 of the	49273
Revised Code.	49274

The records of surveys conducted under this section are	49275
public records for the purpose of section 149.43 of the Revised	49276
Code and shall be made available on the request of any person or	49277
government entity.	49278

Sec. 5123.163. A supported living certificate is valid for a	49279
period of time established in rules adopted under section 5123.169	49280
of the Revised Code, unless any of the following occur before the	49281
end of that period of time:	49282

(A) The director of mental retardation and developmental	49283
disabilities issues an order requiring that action be taken	49284
against the certificate holder under section 5123.166 of the	49285
Revised Code.	49286

(B) The director issues an order terminating the certificate	49287
under section 5123.168 of the Revised Code.	49288

(C) The certificate holder voluntarily surrenders the	49289
certificate to the director.	49290

Sec. 5123.164. Except as provided in section 5123.166 of the	49291
Revised Code, the director of mental retardation and developmental	49292
disabilities shall renew a supported living certificate if the	49293
certificate holder follows the renewal process established in	49294
rules adopted under section 5123.169 of the Revised Code,	49295
continues to meet the applicable certification standards	49296
established in those rules, and pays the renewal fee established	49297
in those rules.	49298

Sec. 5123.165. (A) Except as provided in division (B) of	49299
this section, no person or government entity may provide supported	49300
living to an individual with mental retardation or a developmental	49301
disability if the person or government entity or a related party	49302
of the person or government entity also provides the individual a	49303
residence.	49304

(B) A person may provide supported living to an individual	49305
with mental retardation or a developmental disability even though	49306
the person or a related party of the person also provides the	49307
individual a residence if either of the following apply:	49308

(1) The person also resides in the residence with the	49309
individual and does not provide at any one time supported living	49310
to more than a total of three individuals with mental retardation	49311
or a developmental disability who reside in that residence;	49312

(2) The person is an association of family members related to	49313
two or more of the individuals with mental retardation or a	49314
developmental disability who reside in the residence and does not	49315
provide at any one time supported living to more than a total of	49316
four individuals with mental retardation or a developmental	49317
disability who reside in that residence.	49318

Sec. 5123.166. (A) If good cause exists as specified in	49319
division (B) of this section and determined in accordance with	49320
procedures established in rules adopted under section 5123.169 of	49321
the Revised Code, the director of mental retardation and	49322
developmental disabilities may issue an adjudication order	49323
requiring that one of the following actions be taken against a	49324
person or government entity seeking or holding a supported living	49325
certificate:	49326

(1) Refusal to issue or renew a supported living certificate;

49327

(2) Revocation of a supported living certificate;

49328

(3) Suspension of a supported living certificate holder's	49329
authority to do either or both of the following:	49330

(a) Continue to provide supported living to one or more	49331
individuals from one or more counties who receive supported living	49332
from the certificate holder at the time the director takes the	49333
action;	49334

(b) Begin to provide supported living to one or more	49335
individuals from one or more counties who do not receive supported	49336
living from the certificate holder at the time the director takes	49337
the action.	49338

(B) The following constitute good cause for taking action	49339
under division (A) of this section against a person or government	49340
entity seeking or holding a supported living certificate:	49341

(1) The person or government entity's failure to meet or	49342
continue to meet the applicable certification standards	49343
established in rules adopted under section 5123.169 of the Revised	49344
Code;	49345

(2) The person or government entity violates section 5123.165	49346
of the Revised Code;	49347

(3) The person or government entity's failure to satisfy the	49348
requirements of section 5123.52, 5126.28, or 5126.281 of the	49349
Revised Code;	49350

(4) Misfeasance;

49351

(5) Malfeasance;

49352

(6) Nonfeasance;

49353

(7) Confirmed abuse or neglect;

49354

(8) Financial irresponsibility;

49355

(9) Other conduct the director determines is or would be	49356
injurious to individuals who receive or would receive supported	49357
living from the person or government entity.	49358

(C) Except as provided in division (D) of this section, the	49359
director shall issue an adjudication order under division (A) of	49360
this section in accordance with Chapter 119. of the Revised Code.	49361

(D)(1) The director may issue an order requiring that action	49362
specified in division (A)(3) of this section be taken before a	49363
provider is provided notice and an opportunity for a hearing if	49364
all of the following are the case:	49365

(a) The director determines such action is warranted by the	49366
provider's failure to continue to meet the applicable	49367
certification standards;	49368

(b) The director determines that the failure either	49369
represents a pattern of serious noncompliance or creates a	49370
substantial risk to the health or safety of an individual who	49371
receives or would receive supported living from the provider;	49372

(c) If the order will suspend the provider's authority to	49373
continue to provide supported living to an individual who receives	49374
supported living from the provider at the time the director issues	49375
the order, both of the following are the case:	49376

(i) The director makes the individual, or the individual's	49377
guardian, aware of the director's determination under division	49378
(D)(1)(b) of this section and the individual or guardian does not	49379
select another provider.	49380

(ii) A county board of mental retardation and developmental	49381
disabilities has filed a complaint with a probate court under	49382
section 5123.33 of the Revised Code that includes facts describing	49383
the nature of abuse or neglect that the individual has suffered	49384
due to the provider's actions that are the basis for the director	49385
making the determination under division (D)(1)(b) of this section	49386
and the probate court does not issue an order authorizing the	49387
county board to arrange services for the individual pursuant to an	49388
individualized service plan developed for the individual under	49389
section 5123.31 of the Revised Code.	49390

(2) If the director issues an order under division (D)(1) of	49391
this section, sections 119.091 to 119.13 of the Revised Code and	49392
all of the following apply:	49393

(a) The director shall send the provider notice of the order	49394
by registered mail, return receipt requested, not later than	49395
twenty-four hours after issuing the order and shall include in the	49396
notice the reasons for the order, the citation to the law or rule	49397
directly involved, and a statement that the provider will be	49398
afforded a hearing if the provider requests it within ten days of	49399
the time of receiving the notice.	49400

(b) If the provider requests a hearing within the required	49401
time and the provider has provided the director the provider's	49402
current address, the director shall immediately set, and notify	49403
the provider of, the date, time, and place for the hearing.	49404

(c) The date of the hearing shall be not later than thirty	49405
days after the director receives the provider's timely request for	49406
the hearing.	49407

(d) The hearing shall be conducted in accordance with section	49408
119.09 of the Revised Code, except for all of the following:	49409

(i) The hearing shall continue uninterrupted until its close,	49410
except for weekends, legal holidays, and other interruptions the	49411
provider and director agree to.	49412

(ii) If the director appoints a referee or examiner to	49413
conduct the hearing, the referee or examiner, not later than ten	49414
days after the date the referee or examiner receives a transcript	49415
of the testimony and evidence presented at the hearing or, if the	49416
referee or examiner does not receive the transcript or no such	49417
transcript is made, the date that the referee or examiner closes	49418
the record of the hearing, shall submit to the director a written	49419
report setting forth the referee or examiner's findings of fact	49420
and conclusions of law and a recommendation of the action the	49421
director should take.	49422

(iii) The provider may, not later than five days after the	49423
date the director, in accordance with section 119.09 of the	49424
Revised Code, sends the provider or the provider's attorney or	49425
other representative of record a copy of the referee or examiner's	49426
report and recommendation, file with the director written	49427
objections to the report and recommendation.	49428

(iv) The director shall approve, modify, or disapprove the	49429
referee or examiner's report and recommendation not earlier than	49430
six days, and not later than fifteen days, after the date the	49431
director, in accordance with section 119.09 of the Revised Code,	49432
sends a copy of the report and recommendation to the provider or	49433
the provider's attorney or other representative of record.	49434

(3) The director may lift an order issued under division	49435
(D)(1) of this section even though a hearing regarding the order	49436
is occurring or pending if the director determines that the	49437
provider has taken action eliminating the good cause for issuing	49438
the order. The hearing shall proceed unless the provider withdraws	49439
the request for the hearing in a written letter to the director.	49440

(4) The director shall lift an order issued under division	49441
(D)(1) of this section if both of the following are the case:	49442

(a) The provider provides the director a plan of compliance	49443
the director determines is acceptable.	49444

(b) The director determines that the provider has implemented	49445
the plan of compliance correctly.	49446

Sec. 5123.167. If the director of mental retardation and	49447
developmental disabilities issues an adjudication order under	49448
section 5123.166 of the Revised Code refusing to issue a supported	49449
living certificate to a person or government entity or to renew a	49450
person or government entity's supported living certificate,	49451
neither the person or government entity nor a related party of the	49452
person or government entity may apply for another supported living	49453
certificate earlier than the date that is one year after the date	49454
the order is issued. If the director issues an adjudication order	49455
under that section revoking a person or government entity's	49456
supported living certificate, neither the person or government	49457
entity nor a related party of the person or government entity may	49458
apply for another supported living certificate earlier than the	49459
date that is five years after the date the order is issued.	49460

Sec. 5123.168. The director of mental retardation and	49461
developmental disabilities may issue an adjudication order in	49462
accordance with Chapter 119. of the Revised Code to terminate a	49463
supported living certificate if the certificate holder has not	49464
billed for supported living for twelve consecutive months.	49465

Sec. 5123.169. The director of mental retardation and	49466
developmental disabilities shall adopt rules under Chapter 119. of	49467
the Revised Code establishing all of the following:	49468

(A) The extent to which a county board of mental retardation	49469
and developmental disabilities may provide supported living;	49470

(B) The application process for obtaining a supported living	49471
certificate under section 5123.161 of the Revised Code;	49472

(C) The certification standards a person or government entity	49473
must meet to obtain a supported living certificate to provide	49474
supported living;	49475

(D) The certification fee for a supported living certificate,	49476
which shall be deposited into the program fee fund created under	49477
section 5123.033 of the Revised Code;	49478

(E) The period of time a supported living certificate is	49479
valid;	49480

(F) The process for renewing a supported living certificate	49481
under section 5123.164 of the Revised Code;	49482

(G) The renewal fee for a supported living certificate, which	49483
shall be deposited into the program fee fund created under section	49484
5123.033 of the Revised Code;	49485

(H) Procedures for conducting surveys under section 5123.162	49486
of the Revised Code;	49487

(I) Procedures for determining whether there is good cause to	49488
take action under section 5123.166 of the Revised Code against a	49489
person or government entity seeking or holding a supported living	49490
certificate.	49491

Sec. 5123.19. (A) As used in this section and in sections	49492
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the Revised	49493
Code:	49494

(1)(a) "Residential facility" means a home or facility in	49495
which a mentally retarded or developmentally disabled person	49496
resides, except the home of a relative or legal guardian in which	49497
a mentally retarded or developmentally disabled person resides, a	49498
respite care home certified under section 5126.05 of the Revised	49499
Code, a county home or district home operated pursuant to Chapter	49500
5155. of the Revised Code, or a dwelling in which the only	49501
mentally retarded or developmentally disabled residents are in an	49502
independent living arrangement or are being provided supported	49503
living.	49504

(b) "Intermediate care facility for the mentally retarded"	49505
means a residential facility that is considered an intermediate	49506
care facility for the mentally retarded for the purposes of	49507
Chapter 5111. of the Revised Code.	49508

(2) "Political subdivision" means a municipal corporation,	49509
county, or township.	49510

(3) "Independent living arrangement" means an arrangement in	49511
which a mentally retarded or developmentally disabled person	49512
resides in an individualized setting chosen by the person or the	49513
person's guardian, which is not dedicated principally to the	49514
provision of residential services for mentally retarded or	49515
developmentally disabled persons, and for which no financial	49516
support is received for rendering such service from any	49517
governmental agency by a provider of residential services.	49518

(4) ~~"Supported living" has the same meaning as in section~~	49519
~~5126.01 of the Revised Code.~~	49520

~~(5)~~ "Licensee" means the person or government agency that has	49521
applied for a license to operate a residential facility and to	49522
which the license was issued under this section.	49523

(5) "Related party" has the same meaning as in section	49524
5123.16 of the Revised Code except that "provider" as used in the	49525
definition of "related party" means a person or government entity	49526
that held or applied for a license to operate a residential	49527
facility, rather than a person or government entity certified to	49528
provide supported living.	49529

(B) Every person or government agency desiring to operate a	49530
residential facility shall apply for licensure of the facility to	49531
the director of mental retardation and developmental disabilities	49532
unless the residential facility is subject to section 3721.02,	49533
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	49534
Chapter 3721. of the Revised Code, a nursing home that is	49535
certified as an intermediate care facility for the mentally	49536
retarded under Title XIX of the "Social Security Act," 79 Stat.	49537
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	49538
licensure of the portion of the home that is certified as an	49539
intermediate care facility for the mentally retarded.	49540

(C) Subject to section 5123.196 of the Revised Code, the	49541
director of mental retardation and developmental disabilities	49542
shall license the operation of residential facilities. An initial	49543
license shall be issued for a period that does not exceed one	49544
year, unless the director denies the license under division (D) of	49545
this section. A license shall be renewed for a period that does	49546
not exceed three years, unless the director refuses to renew the	49547
license under division (D) of this section. The director, when	49548
issuing or renewing a license, shall specify the period for which	49549
the license is being issued or renewed. A license remains valid	49550
for the length of the licensing period specified by the director,	49551
unless the license is terminated, revoked, or voluntarily	49552
surrendered.	49553

(D) If it is determined that an applicant or licensee is not	49554
in compliance with a provision of this chapter that applies to	49555
residential facilities or the rules adopted under such a	49556
provision, the director may deny issuance of a license, refuse to	49557
renew a license, terminate a license, revoke a license, issue an	49558
order for the suspension of admissions to a facility, issue an	49559
order for the placement of a monitor at a facility, issue an order	49560
for the immediate removal of residents, or take any other action	49561
the director considers necessary consistent with the director's	49562
authority under this chapter regarding residential facilities. In	49563
the director's selection and administration of the sanction to be	49564
imposed, all of the following apply:	49565

(1) The director may deny, refuse to renew, or revoke a	49566
license, if the director determines that the applicant or licensee	49567
has demonstrated a pattern of serious noncompliance or that a	49568
violation creates a substantial risk to the health and safety of	49569
residents of a residential facility.	49570

(2) The director may terminate a license if more than twelve	49571
consecutive months have elapsed since the residential facility was	49572
last occupied by a resident or a notice required by division	49573
~~(J)~~(K) of this section is not given.	49574

(3) The director may issue an order for the suspension of	49575
admissions to a facility for any violation that may result in	49576
sanctions under division (D)(1) of this section and for any other	49577
violation specified in rules adopted under division ~~(G)~~(H)(2) of	49578
this section. If the suspension of admissions is imposed for a	49579
violation that may result in sanctions under division (D)(1) of	49580
this section, the director may impose the suspension before	49581
providing an opportunity for an adjudication under Chapter 119. of	49582
the Revised Code. The director shall lift an order for the	49583
suspension of admissions when the director determines that the	49584
violation that formed the basis for the order has been corrected.	49585

(4) The director may order the placement of a monitor at a	49586
residential facility for any violation specified in rules adopted	49587
under division ~~(G)~~(H)(2) of this section. The director shall lift	49588
the order when the director determines that the violation that	49589
formed the basis for the order has been corrected.	49590

(5) If the director determines that two or more residential	49591
facilities owned or operated by the same person or government	49592
entity are not being operated in compliance with a provision of	49593
this chapter that applies to residential facilities or the rules	49594
adopted under such a provision, and the director's findings are	49595
based on the same or a substantially similar action, practice,	49596
circumstance, or incident that creates a substantial risk to the	49597
health and safety of the residents, the director shall conduct a	49598
survey as soon as practicable at each residential facility owned	49599
or operated by that person or government entity. The director may	49600
take any action authorized by this section with respect to any	49601
facility found to be operating in violation of a provision of this	49602
chapter that applies to residential facilities or the rules	49603
adopted under such a provision.	49604

(6) When the director initiates license revocation	49605
proceedings, no opportunity for submitting a plan of correction	49606
shall be given. The director shall notify the licensee by letter	49607
of the initiation of the proceedings. The letter shall list the	49608
deficiencies of the residential facility and inform the licensee	49609
that no plan of correction will be accepted. The director shall	49610
also ~~notify each affected resident, the resident's guardian if the~~	49611
~~resident is an adult for whom a guardian has been appointed, the~~	49612
~~resident's parent or guardian if the resident is a minor, and the~~	49613
~~county board of mental retardation and developmental disabilities~~	49614
send a copy of the letter to the county board of mental	49615
retardation and developmental disabilities. The county board shall	49616
send a copy of the letter to each of the following:	49617

(a) Each resident who receives services from the licensee;

49618

(b) The guardian of each resident who receives services from	49619
the licensee if the resident has a guardian;	49620

(c) The parent or guardian of each resident who receives	49621
services from the licensee if the resident is a minor.	49622

(7) Pursuant to rules which shall be adopted in accordance	49623
with Chapter 119. of the Revised Code, the director may order the	49624
immediate removal of residents from a residential facility	49625
whenever conditions at the facility present an immediate danger of	49626
physical or psychological harm to the residents.	49627

(8) In determining whether a residential facility is being	49628
operated in compliance with a provision of this chapter that	49629
applies to residential facilities or the rules adopted under such	49630
a provision, or whether conditions at a residential facility	49631
present an immediate danger of physical or psychological harm to	49632
the residents, the director may rely on information obtained by a	49633
county board of mental retardation and developmental disabilities	49634
or other governmental agencies.	49635

(9) In proceedings initiated to deny, refuse to renew, or	49636
revoke licenses, the director may deny, refuse to renew, or revoke	49637
a license regardless of whether some or all of the deficiencies	49638
that prompted the proceedings have been corrected at the time of	49639
the hearing.	49640

(E) The director shall establish a program under which public	49641
notification may be made when the director has initiated license	49642
revocation proceedings or has issued an order for the suspension	49643
of admissions, placement of a monitor, or removal of residents.	49644
The director shall adopt rules in accordance with Chapter 119. of	49645
the Revised Code to implement this division. The rules shall	49646
establish the procedures by which the public notification will be	49647
made and specify the circumstances for which the notification must	49648
be made. The rules shall require that public notification be made	49649
if the director has taken action against the facility in the	49650
eighteen-month period immediately preceding the director's latest	49651
action against the facility and the latest action is being taken	49652
for the same or a substantially similar violation of a provision	49653
of this chapter that applies to residential facilities or the	49654
rules adopted under such a provision. The rules shall specify a	49655
method for removing or amending the public notification if the	49656
director's action is found to have been unjustified or the	49657
violation at the residential facility has been corrected.	49658

(F)(1) Except as provided in division (F)(2) of this section,	49659
appeals from proceedings initiated to impose a sanction under	49660
division (D) of this section shall be conducted in accordance with	49661
Chapter 119. of the Revised Code.	49662

(2) Appeals from proceedings initiated to order the	49663
suspension of admissions to a facility shall be conducted in	49664
accordance with Chapter 119. of the Revised Code, unless the order	49665
was issued before providing an opportunity for an adjudication, in	49666
which case all of the following apply:	49667

(a) The licensee may request a hearing not later than ten	49668
days after receiving the notice specified in section 119.07 of the	49669
Revised Code.	49670

(b) If a timely request for a hearing that includes the	49671
licensee's current address is made, the hearing shall commence not	49672
later than thirty days after the department receives the request.	49673

(c) After commencing, the hearing shall continue	49674
uninterrupted, except for Saturdays, Sundays, and legal holidays,	49675
unless other interruptions are agreed to by the licensee and the	49676
director.	49677

(d) If the hearing is conducted by a hearing examiner, the	49678
hearing examiner shall file a report and recommendations not later	49679
than ten days after the last of the following:	49680

(i) The close of the hearing;

49681

(ii) If a transcript of the proceedings is ordered, the	49682
hearing examiner receives the transcript;	49683

(iii) If post-hearing briefs are timely filed, the hearing	49684
examiner receives the briefs.	49685

(e) A copy of the written report and recommendation of the	49686
hearing examiner shall be sent, by certified mail, to the licensee	49687
and the licensee's attorney, if applicable, not later than five	49688
days after the report is filed.	49689

(f) Not later than five days after the hearing examiner files	49690
the report and recommendations, the licensee may file objections	49691
to the report and recommendations.	49692

~~(f)~~(g) Not later than fifteen days after the hearing examiner	49693
files the report and recommendations, the director shall issue an	49694
order approving, modifying, or disapproving the report and	49695
recommendations.	49696

~~(g)~~(h) Notwithstanding the pendency of the hearing, the	49697
director shall lift the order for the suspension of admissions	49698
when the director determines that the violation that formed the	49699
basis for the order has been corrected.	49700

(G) Neither a person or government agency whose application	49701
for a license to operate a residential facility is denied nor a	49702
related party of the person or government agency may apply for a	49703
license to operate a residential facility before the date that is	49704
one year after the date of the denial. Neither a licensee whose	49705
residential facility license is revoked nor a related party of the	49706
licensee may apply for a residential facility license before the	49707
date that is five years after the date of the revocation.	49708

(H) In accordance with Chapter 119. of the Revised Code, the	49709
director shall adopt and may amend and rescind rules for licensing	49710
and regulating the operation of residential facilities, including	49711
intermediate care facilities for the mentally retarded. The rules	49712
for intermediate care facilities for the mentally retarded may	49713
differ from those for other residential facilities. The rules	49714
shall establish and specify the following:	49715

(1) Procedures and criteria for issuing and renewing	49716
licenses, including procedures and criteria for determining the	49717
length of the licensing period that the director must specify for	49718
each license when it is issued or renewed;	49719

(2) Procedures and criteria for denying, refusing to renew,	49720
terminating, and revoking licenses and for ordering the suspension	49721
of admissions to a facility, placement of a monitor at a facility,	49722
and the immediate removal of residents from a facility;	49723

(3) Fees for issuing and renewing licenses, which shall be	49724
deposited into the program fee fund created under section 5123.033	49725
of the Revised Code;	49726

(4) Procedures for surveying residential facilities;

49727

(5) Requirements for the training of residential facility	49728
personnel;	49729

(6) Classifications for the various types of residential	49730
facilities;	49731

(7) Certification procedures for licensees and management	49732
contractors that the director determines are necessary to ensure	49733
that they have the skills and qualifications to properly operate	49734
or manage residential facilities;	49735

(8) The maximum number of persons who may be served in a	49736
particular type of residential facility;	49737

(9) Uniform procedures for admission of persons to and	49738
transfers and discharges of persons from residential facilities;	49739

(10) Other standards for the operation of residential	49740
facilities and the services provided at residential facilities;	49741

(11) Procedures for waiving any provision of any rule adopted	49742
under this section.	49743

~~(H)~~(I) Before issuing a license, the director of the	49744
department or the director's designee shall conduct a survey of	49745
the residential facility for which application is made. The	49746
director or the director's designee shall conduct a survey of each	49747
licensed residential facility at least once during the period the	49748
license is valid and may conduct additional inspections as needed.	49749
A survey includes but is not limited to an on-site examination and	49750
evaluation of the residential facility, its personnel, and the	49751
services provided there.	49752

In conducting surveys, the director or the director's	49753
designee shall be given access to the residential facility; all	49754
records, accounts, and any other documents related to the	49755
operation of the facility; the licensee; the residents of the	49756
facility; and all persons acting on behalf of, under the control	49757
of, or in connection with the licensee. The licensee and all	49758
persons on behalf of, under the control of, or in connection with	49759
the licensee shall cooperate with the director or the director's	49760
designee in conducting the survey.	49761

Following each survey, unless the director initiates a	49762
license revocation proceeding, the director or the director's	49763
designee shall provide the licensee with a report listing any	49764
deficiencies, specifying a timetable within which the licensee	49765
shall submit a plan of correction describing how the deficiencies	49766
will be corrected, and, when appropriate, specifying a timetable	49767
within which the licensee must correct the deficiencies. After a	49768
plan of correction is submitted, the director or the director's	49769
designee shall approve or disapprove the plan. A copy of the	49770
report and any approved plan of correction shall be provided to	49771
any person who requests it.	49772

The director shall initiate disciplinary action against any	49773
department employee who notifies or causes the notification to any	49774
unauthorized person of an unannounced survey of a residential	49775
facility by an authorized representative of the department.	49776

~~(I)~~(J) In addition to any other information which may be	49777
required of applicants for a license pursuant to this section, the	49778
director shall require each applicant to provide a copy of an	49779
approved plan for a proposed residential facility pursuant to	49780
section 5123.042 of the Revised Code. This division does not apply	49781
to renewal of a license.	49782

~~(J)~~(K) A licensee shall notify the owner of the building in	49783
which the licensee's residential facility is located of any	49784
significant change in the identity of the licensee or management	49785
contractor before the effective date of the change if the licensee	49786
is not the owner of the building.	49787

Pursuant to rules which shall be adopted in accordance with	49788
Chapter 119. of the Revised Code, the director may require	49789
notification to the department of any significant change in the	49790
ownership of a residential facility or in the identity of the	49791
licensee or management contractor. If the director determines that	49792
a significant change of ownership is proposed, the director shall	49793
consider the proposed change to be an application for development	49794
by a new operator pursuant to section 5123.042 of the Revised Code	49795
and shall advise the applicant within sixty days of the	49796
notification that the current license shall continue in effect or	49797
a new license will be required pursuant to this section. If the	49798
director requires a new license, the director shall permit the	49799
facility to continue to operate under the current license until	49800
the new license is issued, unless the current license is revoked,	49801
refused to be renewed, or terminated in accordance with Chapter	49802
119. of the Revised Code.	49803

~~(K)~~(L) A county board of mental retardation and developmental	49804
disabilities, the legal rights service, and any interested person	49805
may file complaints alleging violations of statute or department	49806
rule relating to residential facilities with the department. All	49807
complaints shall be in writing and shall state the facts	49808
constituting the basis of the allegation. The department shall not	49809
reveal the source of any complaint unless the complainant agrees	49810
in writing to waive the right to confidentiality or until so	49811
ordered by a court of competent jurisdiction.	49812

The department shall adopt rules in accordance with Chapter	49813
119. of the Revised Code establishing procedures for the receipt,	49814
referral, investigation, and disposition of complaints filed with	49815
the department under this division.	49816

~~(L)~~(M) The department shall establish procedures for the	49817
notification of interested parties of the transfer or interim care	49818
of residents from residential facilities that are closing or are	49819
losing their license.	49820

~~(M)~~(N) Before issuing a license under this section to a	49821
residential facility that will accommodate at any time more than	49822
one mentally retarded or developmentally disabled individual, the	49823
director shall, by first class mail, notify the following:	49824

(1) If the facility will be located in a municipal	49825
corporation, the clerk of the legislative authority of the	49826
municipal corporation;	49827

(2) If the facility will be located in unincorporated	49828
territory, the clerk of the appropriate board of county	49829
commissioners and the fiscal officer of the appropriate board of	49830
township trustees.	49831

The director shall not issue the license for ten days after	49832
mailing the notice, excluding Saturdays, Sundays, and legal	49833
holidays, in order to give the notified local officials time in	49834
which to comment on the proposed issuance.	49835

Any legislative authority of a municipal corporation, board	49836
of county commissioners, or board of township trustees that	49837
receives notice under this division of the proposed issuance of a	49838
license for a residential facility may comment on it in writing to	49839
the director within ten days after the director mailed the notice,	49840
excluding Saturdays, Sundays, and legal holidays. If the director	49841
receives written comments from any notified officials within the	49842
specified time, the director shall make written findings	49843
concerning the comments and the director's decision on the	49844
issuance of the license. If the director does not receive written	49845
comments from any notified local officials within the specified	49846
time, the director shall continue the process for issuance of the	49847
license.	49848

~~(N)~~(O) Any person may operate a licensed residential facility	49849
that provides room and board, personal care, habilitation	49850
services, and supervision in a family setting for at least six but	49851
not more than eight persons with mental retardation or a	49852
developmental disability as a permitted use in any residential	49853
district or zone, including any single-family residential district	49854
or zone, of any political subdivision. These residential	49855
facilities may be required to comply with area, height, yard, and	49856
architectural compatibility requirements that are uniformly	49857
imposed upon all single-family residences within the district or	49858
zone.	49859

~~(O)~~(P) Any person may operate a licensed residential facility	49860
that provides room and board, personal care, habilitation	49861
services, and supervision in a family setting for at least nine	49862
but not more than sixteen persons with mental retardation or a	49863
developmental disability as a permitted use in any multiple-family	49864
residential district or zone of any political subdivision, except	49865
that a political subdivision that has enacted a zoning ordinance	49866
or resolution establishing planned unit development districts may	49867
exclude these residential facilities from those districts, and a	49868
political subdivision that has enacted a zoning ordinance or	49869
resolution may regulate these residential facilities in	49870
multiple-family residential districts or zones as a conditionally	49871
permitted use or special exception, in either case, under	49872
reasonable and specific standards and conditions set out in the	49873
zoning ordinance or resolution to:	49874

(1) Require the architectural design and site layout of the	49875
residential facility and the location, nature, and height of any	49876
walls, screens, and fences to be compatible with adjoining land	49877
uses and the residential character of the neighborhood;	49878

(2) Require compliance with yard, parking, and sign	49879
regulation;	49880

(3) Limit excessive concentration of these residential	49881
facilities.	49882

~~(P)~~(Q) This section does not prohibit a political subdivision	49883
from applying to residential facilities nondiscriminatory	49884
regulations requiring compliance with health, fire, and safety	49885
regulations and building standards and regulations.	49886

~~(Q)~~(R) Divisions ~~(N)~~(O) and ~~(O)~~(P) of this section are not	49887
applicable to municipal corporations that had in effect on June	49888
15, 1977, an ordinance specifically permitting in residential	49889
zones licensed residential facilities by means of permitted uses,	49890
conditional uses, or special exception, so long as such ordinance	49891
remains in effect without any substantive modification.	49892

~~(R)~~(S)(1) The director may issue an interim license to	49893
operate a residential facility to an applicant for a license under	49894
this section if either of the following is the case:	49895

(a) The director determines that an emergency exists	49896
requiring immediate placement of persons in a residential	49897
facility, that insufficient licensed beds are available, and that	49898
the residential facility is likely to receive a permanent license	49899
under this section within thirty days after issuance of the	49900
interim license.	49901

(b) The director determines that the issuance of an interim	49902
license is necessary to meet a temporary need for a residential	49903
facility.	49904

(2) To be eligible to receive an interim license, an	49905
applicant must meet the same criteria that must be met to receive	49906
a permanent license under this section, except for any differing	49907
procedures and time frames that may apply to issuance of a	49908
permanent license.	49909

(3) An interim license shall be valid for thirty days and may	49910
be renewed by the director for a period not to exceed one hundred	49911
fifty days.	49912

(4) The director shall adopt rules in accordance with Chapter	49913
119. of the Revised Code as the director considers necessary to	49914
administer the issuance of interim licenses.	49915

~~(S)~~(T) Notwithstanding rules adopted pursuant to this section	49916
establishing the maximum number of persons who may be served in a	49917
particular type of residential facility, a residential facility	49918
shall be permitted to serve the same number of persons being	49919
served by the facility on the effective date of the rules or the	49920
number of persons for which the facility is authorized pursuant to	49921
a current application for a certificate of need with a letter of	49922
support from the department of mental retardation and	49923
developmental disabilities and which is in the review process	49924
prior to April 4, 1986.	49925

~~(T)~~(U) The director or the director's designee may enter at	49926
any time, for purposes of investigation, any home, facility, or	49927
other structure that has been reported to the director or that the	49928
director has reasonable cause to believe is being operated as a	49929
residential facility without a license issued under this section.	49930

The director may petition the court of common pleas of the	49931
county in which an unlicensed residential facility is located for	49932
an order enjoining the person or governmental agency operating the	49933
facility from continuing to operate without a license. The court	49934
may grant the injunction on a showing that the person or	49935
governmental agency named in the petition is operating a	49936
residential facility without a license. The court may grant the	49937
injunction, regardless of whether the residential facility meets	49938
the requirements for receiving a license under this section.	49939

Sec. 5123.196. (A) Except as provided in division (F) of this	49940
section, the director of mental retardation and developmental	49941
disabilities shall not issue a license under section 5123.19 of	49942
the Revised Code on or after July 1, 2003, if issuance will result	49943
in there being more beds in all residential facilities licensed	49944
under that section than is permitted under division (B) of this	49945
section.	49946

(B) Except as provided in division (D) of this section, the	49947
maximum number of beds for the purpose of division (A) of this	49948
section shall not exceed ten thousand eight hundred thirty-eight	49949
minus, except as provided in division (C) of this section, both of	49950
the following:	49951

(1) The number of such beds that cease to be residential	49952
facility beds on or after July 1, 2003, because a residential	49953
facility license is revoked, terminated, or not renewed for any	49954
reason or is surrendered in accordance with section 5123.19 of the	49955
Revised Code and after the issuance of an adjudication order	49956
pursuant to Chapter 119. of the Revised Code;	49957

(2) The number of such beds for which a licensee voluntarily	49958
converts to use for supported living on or after July 1, 2003.	49959

(C) The director is not required to reduce the maximum number	49960
of beds pursuant to division (B) of this section by a bed that	49961
ceases to be a residential facility bed if the director determines	49962
that the bed is needed to provide services to an individual with	49963
mental retardation or a developmental disability who resided in	49964
the residential facility in which the bed was located unless the	49965
reason the bed ceases to be a residential facility bed is because	49966
it is converted to providing home and community-based services	49967
under the ICF/MR conversion pilot program that is authorized by a	49968
waiver sought under division (B)(1) of section 5111.88 of the	49969
Revised Code.	49970

(D) The director shall increase the number of beds determined	49971
under division (B) of this section if necessary to enable the	49972
operator of a residential facility to do either of the following:	49973

(1) Obtain a residential facility license as required by	49974
section 5111.8814 of the Revised Code;	49975

(2) Reconvert beds to providing ICF/MR services under section	49976
5111.8811 of the Revised Code.	49977

(E) The director shall maintain an up-to-date written record	49978
of the maximum number of residential facility beds provided for by	49979
division (B) of this section.	49980

(F) The director may issue an interim license under division	49981
~~(R)~~(S) of section 5123.19 of the Revised Code and issue, pursuant	49982
to rules adopted under division ~~(G)~~(H)(11) of that section, a	49983
waiver allowing a residential facility to admit more residents	49984
than the facility is licensed to admit regardless of whether the	49985
interim license or waiver will result in there being more beds in	49986
all residential facilities licensed under that section than is	49987
permitted under division (B) of this section.	49988

Sec. 5123.198. (A) As used in this section, "date of the	49989
commitment" means the date that an individual specified in	49990
division (B) of this section begins to reside in a state-operated	49991
intermediate care facility for the mentally retarded after being	49992
committed to the facility pursuant to sections 5123.71 to 5123.76	49993
of the Revised Code.	49994

(B) Except as provided in division (C) of this section,	49995
whenever a resident of a residential facility is committed to a	49996
state-operated intermediate care facility for the mentally	49997
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	49998
Code, the department of mental retardation and developmental	49999
disabilities, pursuant to an adjudication order issued in	50000
accordance with Chapter 119. of the Revised Code, shall reduce by	50001
one the number of residents for which the facility in which the	50002
resident resided is licensed.	50003

(C) The department shall not reduce under division (B) of	50004
this section the number of residents for which a residential	50005
facility is licensed if any of the following are the case:	50006

(1) The resident of the residential facility who is committed	50007
to a state-operated intermediate care facility for the mentally	50008
retarded resided in the residential facility because of the	50009
closure, on or after ~~the effective date of this section~~June 26,	50010
2003, of another state-operated intermediate care facility for the	50011
mentally retarded;	50012

(2) The residential facility admits within ninety days of the	50013
date of the commitment an individual who resides on the date of	50014
the commitment in a state-operated intermediate care facility for	50015
the mentally retarded or another residential facility;	50016

(3) The department fails to do either of the following within	50017
ninety days of the date of the commitment:	50018

(a) Identify an individual to whom all of the following	50019
applies:	50020

(i) Resides on the date of the commitment in a state-operated	50021
intermediate care facility for the mentally retarded or another	50022
residential facility;	50023

(ii) Has indicated to the department an interest in	50024
relocating to the residential facility or has a parent or guardian	50025
who has indicated to the department an interest for the individual	50026
to relocate to the residential facility;	50027

(iii) The department determines the individual has needs that	50028
the residential facility can meet.	50029

(b) Provide the residential facility with information about	50030
the individual identified under division (C)(2)(a) of this section	50031
that the residential facility needs in order to determine whether	50032
the facility can meet the individual's needs.	50033

(4) If the department completes the actions specified in	50034
divisions (C)(3)(a) and (b) of this section not later than ninety	50035
days after the date of the commitment and except as provided in	50036
division (D) of this section, the residential facility does all of	50037
the following not later than ninety days after the date of the	50038
commitment:	50039

(a) Evaluates the information provided by the department;

50040

(b) Assesses the identified individual's needs;

50041

(c) Determines that the residential facility cannot meet the	50042
identified individual's needs.	50043

(5) If the department completes the actions specified in	50044
divisions (C)(3)(a) and (b) of this section not later than ninety	50045
days after the date of the commitment and the residential facility	50046
determines that the residential facility can meet the identified	50047
individual's needs, the individual, or a parent or guardian of the	50048
individual, refuses placement in the residential facility.	50049

(D) The department may reduce under division (B) of this	50050
section the number of residents for which a residential facility	50051
is licensed even though the residential facility completes the	50052
actions specified in division (C)(4) of this section not later	50053
than ninety days after the date of the commitment if all of the	50054
following are the case:	50055

(1) The department disagrees with the residential facility's	50056
determination that the residential facility cannot meet the	50057
identified individual's needs.	50058

(2) The department issues a written decision pursuant to the	50059
uniform procedures for admissions, transfers, and discharges	50060
established by rules adopted under division ~~(G)~~(H)(9) of section	50061
5123.19 of the Revised Code that the residential facility should	50062
admit the identified individual.	50063

(3) After the department issues the written decision	50064
specified in division (D)(2) of this section, the residential	50065
facility refuses to admit the identified individual.	50066

(E) A residential facility that admits, refuses to admit,	50067
transfers, or discharges a resident under this section shall	50068
comply with the uniform procedures for admissions, transfers, and	50069
discharges established by rules adopted under division ~~(G)~~(H)(9)	50070
of section 5123.19 of the Revised Code.	50071

(F) The department of mental retardation and developmental	50072
disabilities may notify the department of job and family services	50073
of any reduction under this section in the number of residents for	50074
which a residential facility that is an intermediate care facility	50075
for the mentally retarded is licensed. On receiving the notice,	50076
the department of job and family services may transfer to the	50077
department of mental retardation and developmental disabilities	50078
the savings in the nonfederal share of medicaid expenditures for	50079
each fiscal year after the year of the commitment to be used for	50080
costs of the resident's care in the state-operated intermediate	50081
care facility for the mentally retarded. In determining the amount	50082
saved, the department of job and family services shall consider	50083
medicaid payments for the remaining residents of the facility in	50084
which the resident resided.	50085

Sec. 5123.20. ~~As used in this section, "supported living"~~	50086
~~has the same meaning as in section 5126.01 of the Revised Code.~~	50087

No person or government agency shall operate a residential	50088
facility or receive a mentally retarded or developmentally	50089
disabled person as a resident of a residential facility unless the	50090
facility is licensed under section 5123.19 of the Revised Code,	50091
and no person or governmental agency shall operate a respite care	50092
home or receive a mentally retarded or developmentally disabled	50093
person in a respite care home unless the home is certified under	50094
section 5126.05 of the Revised Code.	50095

~~No person or government agency shall provide supported living~~	50096
~~unless that person or government agency is certified under section~~	50097
~~5126.431 of the Revised Code.~~	50098

Sec. 5123.211. (A) As used in this section, "residential	50099
services" ~~and "supported living" have~~has the same ~~meanings~~	50100
meaning as in section 5126.01 of the Revised Code.	50101

(B) The department of mental retardation and developmental	50102
disabilities shall provide or arrange provision of residential	50103
services for each person who, on or after July 1, 1989, ceases to	50104
be a resident of a state institution because of closure of the	50105
institution or a reduction in the institution's population by	50106
forty per cent or more within a period of one year. The services	50107
shall be provided in the county in which the person chooses to	50108
reside and shall consist of one of the following as determined	50109
appropriate by the department in consultation with the county	50110
board of mental retardation and developmental disabilities of the	50111
county in which the services are to be provided:	50112

(1) Residential services provided pursuant to section 5123.18	50113
of the Revised Code;	50114

(2) ~~Supported living provided pursuant to section 5123.182 of~~	50115
~~the Revised Code;~~	50116

~~(3)~~ Residential services for which reimbursement is made	50117
under the medical assistance program established under section	50118
5111.01 of the Revised Code;	50119

~~(4)~~(3) Residential services provided in a manner or setting	50120
approved by the director of mental retardation and developmental	50121
disabilities.	50122

(C) Not less than six months prior to closing a state	50123
institution or reducing a state institution's population by forty	50124
per cent or more within a period of one year, the department shall	50125
identify those counties in which individuals leaving the	50126
institution have chosen to reside and notify the county boards of	50127
mental retardation and developmental disabilities in those	50128
counties of the need to develop the services specified in division	50129
(B) of this section. The notice shall specify the number of	50130
individuals requiring services who plan to reside in the county	50131
and indicate the amount of funds the department will use to	50132
provide or arrange services for those individuals.	50133

(D) In each county in which one or more persons receive	50134
residential services pursuant to division (B) of this section, the	50135
department shall provide or arrange provision of residential	50136
services, or shall distribute moneys to the county board of mental	50137
retardation and developmental disabilities to provide or arrange	50138
provision of residential services, for an equal number of persons	50139
with mental retardation or developmental disabilities in that	50140
county who the county board has determined need residential	50141
services but are not receiving them.	50142

Sec. 5123.38. (A) Except as provided in division (B) and (C)	50143
of this section, if an individual receiving supported living or	50144
home and community-based services~~, as defined in section 5126.01~~	50145
~~of the Revised Code,~~ funded by a county board of mental	50146
retardation and developmental disabilities is committed to a	50147
state-operated intermediate care facility for the mentally	50148
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	50149
Code, the department of mental retardation and developmental	50150
disabilities shall use the funds otherwise allocated to the county	50151
board as the nonfederal share of medicaid expenditures for the	50152
individual's care in the state-operated facility.	50153

(B) Division (A) of this section does not apply if the county	50154
board, not later than ninety days after the date of the commitment	50155
of a person receiving supported services, commences funding of	50156
supported living for an individual who resides in a state-operated	50157
intermediate care facility for the mentally retarded on the date	50158
of the commitment or another eligible individual designated by the	50159
department.	50160

(C) Division (A) of this section does not apply if the county	50161
board, not later than ninety days after the date of the commitment	50162
of a person receiving home and community-based services, commences	50163
funding of home and community-based services for an individual who	50164
resides in a state-operated intermediate care facility for the	50165
mentally retarded on the date of the commitment or another	50166
eligible individual designated by the department.	50167

Sec. 5123.41. As used in this section and sections 5123.42	50168
to 5123.47 of the Revised Code:	50169

(A) "Adult services" has the same meaning as in section	50170
5126.01 of the Revised Code.	50171

(B) ~~"Certified home and community-based services provider"~~	50172
~~means a person or government entity certified under section~~	50173
~~5123.16 of the Revised Code.~~	50174

~~(C)~~ "Certified supported living provider" means a person or	50175
government entity certified under section ~~5126.431~~5123.161 of the	50176
Revised Code.	50177

~~(D)~~(C) "Drug" has the same meaning as in section 4729.01 of	50178
the Revised Code.	50179

~~(E)~~(D) "Family support services" has the same meaning as in	50180
section 5126.01 of the Revised Code.	50181

~~(F)~~(E) "Health-related activities" means the following:

50182

(1) Taking vital signs;

50183

(2) Application of clean dressings that do not require health	50184
assessment;	50185

(3) Basic measurement of bodily intake and output;

50186

(4) Oral suctioning;

50187

(5) Use of glucometers;

50188

(6) External urinary catheter care;

50189

(7) Emptying and replacing colostomy bags;

50190

(8) Collection of specimens by noninvasive means.

50191

~~(G)~~(F) "Licensed health professional authorized to prescribe	50192
drugs" has the same meaning as in section 4729.01 of the Revised	50193
Code.	50194

~~(H) "Medicaid" has the same meaning as in section 5111.01 of~~	50195
~~the Revised Code.~~	50196

~~(I)~~(G) "MR/DD personnel" means the employees and the workers	50197
under contract who provide specialized services to individuals	50198
with mental retardation and developmental disabilities. "MR/DD	50199
personnel" includes those who provide the services as follows:	50200

(1) Through direct employment with the department of mental	50201
retardation and developmental disabilities or a county board of	50202
mental retardation and developmental disabilities;	50203

(2) Through an entity under contract with the department of	50204
mental retardation and developmental disabilities or a county	50205
board of mental retardation and developmental disabilities;	50206

(3) Through direct employment or by being under contract with	50207
private entities, including private entities that operate	50208
residential facilities.	50209

~~(J)~~(H) "Nursing delegation" means the process established in	50210
rules adopted by the board of nursing pursuant to Chapter 4723. of	50211
the Revised Code under which a registered nurse or licensed	50212
practical nurse acting at the direction of a registered nurse	50213
transfers the performance of a particular nursing activity or task	50214
to another person who is not otherwise authorized to perform the	50215
activity or task.	50216

~~(K)~~(I) "Prescribed medication" means a drug that is to be	50217
administered according to the instructions of a licensed health	50218
professional authorized to prescribe drugs.	50219

~~(L)~~(J) "Residential facility" means a facility licensed under	50220
section 5123.19 of the Revised Code or subject to section 5123.192	50221
of the Revised Code.	50222

~~(M)~~(K) "Specialized services" has the same meaning as in	50223
section 5123.50 of the Revised Code.	50224

~~(N)~~(L) "Tube feeding" means the provision of nutrition to an	50225
individual through a gastrostomy tube or a jejunostomy tube.	50226

Sec. 5123.51. (A) In addition to any other action required	50227
by sections 5123.61 and 5126.31 of the Revised Code, the	50228
department of mental retardation and developmental disabilities	50229
shall review each report the department receives of abuse or	50230
neglect of an individual with mental retardation or a	50231
developmental disability or misappropriation of an individual's	50232
property that includes an allegation that an MR/DD employee	50233
committed or was responsible for the abuse, neglect, or	50234
misappropriation. The department shall review a report it receives	50235
from a public children services agency only after the agency	50236
completes its investigation pursuant to section 2151.421 of the	50237
Revised Code. On receipt of a notice under section 2930.061 or	50238
5123.541 of the Revised Code, the department shall review the	50239
notice.	50240

(B) The department shall do both of the following:

50241

(1) Investigate the allegation or adopt the findings of an	50242
investigation or review of the allegation conducted by another	50243
person or government entity and determine whether there is a	50244
reasonable basis for the allegation;	50245

(2) If the department determines that there is a reasonable	50246
basis for the allegation, conduct an adjudication pursuant to	50247
Chapter 119. of the Revised Code.	50248

(C)(1) The department shall appoint an independent hearing	50249
officer to conduct any hearing conducted pursuant to division	50250
(B)(2) of this section, except that, if the hearing is regarding	50251
an employee of the department who is represented by a union, the	50252
department and a representative of the union shall jointly select	50253
the hearing officer.	50254

(2)(a) Except as provided in division (C)(2)(b) of this	50255
section, no hearing shall be conducted under division (B)(2) of	50256
this section until any criminal proceeding or collective	50257
bargaining arbitration concerning the same allegation has	50258
concluded.	50259

(b) The department may conduct a hearing pursuant to division	50260
(B)(2) of this section before a criminal proceeding concerning the	50261
same allegation is concluded if both of the following are the	50262
case:	50263

(i) The department notifies the prosecutor responsible for	50264
the criminal proceeding that the department proposes to conduct a	50265
hearing.	50266

(ii) The prosecutor consents to the hearing.

50267

(3) In conducting a hearing pursuant to division (B)(2) of	50268
this section, the hearing officer shall do all of the following:	50269

(a) Determine whether there is clear and convincing evidence	50270
that the MR/DD employee has done any of the following:	50271

(i) Misappropriated property of one or more individuals with	50272
mental retardation or a developmental disability that has a value,	50273
either separately or taken together, of one hundred dollars or	50274
more;	50275

(ii) Misappropriated property of an individual with mental	50276
retardation or a developmental disability that is designed to be	50277
used as a check, draft, negotiable instrument, credit card, charge	50278
card, or device for initiating an electronic fund transfer at a	50279
point of sale terminal, automated teller machine, or cash	50280
dispensing machine;	50281

(iii) Knowingly abused such an individual;

50282

(iv) Recklessly abused or neglected such an individual, with	50283
resulting physical harm;	50284

(v) Negligently abused or neglected such an individual, with	50285
resulting serious physical harm;	50286

(vi) Recklessly neglected such an individual, creating a	50287
substantial risk of serious physical harm;	50288

(vii) Engaged in sexual conduct or had sexual contact with an	50289
individual with mental retardation or another developmental	50290
disability who was not the MR/DD employee's spouse and for whom	50291
the MR/DD employee was employed or under a contract to provide	50292
care;	50293

(viii) Unreasonably failed to make a report pursuant to	50294
division (C) of section 5123.61 of the Revised Code when the	50295
employee knew or should have known that the failure would result	50296
in a substantial risk of harm to an individual with mental	50297
retardation or a developmental disability.	50298

(b) Give weight to the decision in any collective bargaining	50299
arbitration regarding the same allegation;	50300

(c) Give weight to any relevant facts presented at the	50301
hearing.	50302

(D)(1) Unless the director of mental retardation and	50303
developmental disabilities determines that there are extenuating	50304
circumstances and except as provided in division (E) of this	50305
section, if the director, after considering all of the factors	50306
listed in division (C)(3) of this section, finds that there is	50307
clear and convincing evidence that an MR/DD employee has done one	50308
or more of the things described in division (C)(3)(a) of this	50309
section the director shall include the name of the employee in the	50310
registry established under section 5123.52 of the Revised Code.	50311

(2) Extenuating circumstances the director must consider	50312
include the use of physical force by an MR/DD employee that was	50313
necessary as self-defense.	50314

(3) If the director includes an MR/DD employee in the	50315
registry established under section 5123.52 of the Revised Code,	50316
the director shall notify the employee, the person or government	50317
entity that employs or contracts with the employee, the individual	50318
with mental retardation or a developmental disability who was the	50319
subject of the report and that individual's legal guardian, if	50320
any, the attorney general, and the prosecuting attorney or other	50321
law enforcement agency. If the MR/DD employee holds a license,	50322
certificate, registration, or other authorization to engage in a	50323
profession issued pursuant to Title XLVII of the Revised Code, the	50324
director shall notify the appropriate agency, board, department,	50325
or other entity responsible for regulating the employee's	50326
professional practice.	50327

(4) If an individual whose name appears on the registry is	50328
involved in a court proceeding or arbitration arising from the	50329
same facts as the allegation resulting in the individual's	50330
placement on the registry, the disposition of the proceeding or	50331
arbitration shall be noted in the registry next to the	50332
individual's name.	50333

(E) In the case of an allegation concerning an employee of	50334
the department, after the hearing conducted pursuant to division	50335
(B)(2) of this section, the director of health or that director's	50336
designee shall review the decision of the hearing officer to	50337
determine whether the standard described in division (C)(3) of	50338
this section has been met. If the director or designee determines	50339
that the standard has been met and that no extenuating	50340
circumstances exist, the director or designee shall notify the	50341
director of mental retardation and developmental disabilities that	50342
the MR/DD employee is to be included in the registry established	50343
under section 5123.52 of the Revised Code. If the director of	50344
mental retardation and developmental disabilities receives such	50345
notification, the director shall include the MR/DD employee in the	50346
registry and shall provide the notification described in division	50347
(D)(3) of this section.	50348

(F) If the department is required by Chapter 119. of the	50349
Revised Code to give notice of an opportunity for a hearing and	50350
the MR/DD employee subject to the notice does not timely request a	50351
hearing in accordance with section 119.07 or 5123.0414 of the	50352
Revised Code, the department is not required to hold a hearing.	50353

(G) Files and records of investigations conducted pursuant to	50354
this section are not public records as defined in section 149.43	50355
of the Revised Code, but, on request, the department shall provide	50356
copies of those files and records to the attorney general, a	50357
prosecuting attorney, or a law enforcement agency.	50358

Sec. 5123.60. (A) A legal rights service is hereby created	50359
and established to protect and advocate the rights of mentally ill	50360
persons, mentally retarded persons, developmentally disabled	50361
persons, and other disabled persons who may be represented by the	50362
service pursuant to division (L) of this section; to receive and	50363
act upon complaints concerning institutional and hospital	50364
practices and conditions of institutions for mentally retarded or	50365
developmentally disabled persons and hospitals for the mentally	50366
ill; and to assure that all persons detained, hospitalized,	50367
discharged, or institutionalized, and all persons whose detention,	50368
hospitalization, discharge, or institutionalization is sought or	50369
has been sought under this chapter or Chapter 5122. of the Revised	50370
Code are fully informed of their rights and adequately represented	50371
by counsel in proceedings under this chapter or Chapter 5122. of	50372
the Revised Code and in any proceedings to secure the rights of	50373
those persons. Notwithstanding the definitions of "mentally	50374
retarded person" and "developmentally disabled person" in section	50375
5123.01 of the Revised Code, the legal rights service shall	50376
determine who is a mentally retarded or developmentally disabled	50377
person for purposes of this section and sections 5123.601 to	50378
5123.604 of the Revised Code.	50379

(B)(1) In regard to those persons detained, hospitalized, or	50380
institutionalized under Chapter 5122. of the Revised Code, the	50381
legal rights service shall undertake formal representation only of	50382
those persons who are involuntarily detained, hospitalized, or	50383
institutionalized pursuant to sections 5122.10 to 5122.15 of the	50384
Revised Code, and those voluntarily detained, hospitalized, or	50385
institutionalized who are minors, who have been adjudicated	50386
incompetent, who have been detained, hospitalized, or	50387
institutionalized in a public hospital, or who have requested	50388
representation by the legal rights service. If	50389

(2) If a person referred to in division (A) of this section	50390
voluntarily requests in writing that the legal rights service	50391
terminate participation in the person's case, such involvement	50392
shall cease.	50393

(3) Persons described in divisions (A) and (B)(1) of this	50394
section who are represented by the legal rights service are	50395
clients of the legal rights service.	50396

(C) Any person voluntarily hospitalized or institutionalized	50397
in a public hospital under division (A) of section 5122.02 of the	50398
Revised Code, after being fully informed of the person's rights	50399
under division (A) of this section, may, by written request, waive	50400
assistance by the legal rights service if the waiver is knowingly	50401
and intelligently made, without duress or coercion.	50402

The waiver may be rescinded at any time by the voluntary	50403
patient or resident, or by the voluntary patient's or resident's	50404
legal guardian.	50405

(D)(1) The legal rights service commission is hereby created	50406
for the purposes of appointing an administrator of the legal	50407
rights service, advising the administrator, assisting the	50408
administrator in developing a budget, advising the administrator	50409
in establishing and annually reviewing a strategic plan, creating	50410
a procedure for filing and determination of grievances against the	50411
legal rights service, and establishing general policy guidelines,	50412
including guidelines for the commencement of litigation, for the	50413
legal rights service. The commission may adopt rules to carry	50414
these purposes into effect and may receive and act upon appeals of	50415
personnel decisions by the administrator.	50416

(2) The commission shall consist of seven members. One	50417
member, who shall serve as chairperson, shall be appointed by the	50418
chief justice of the supreme court, three members shall be	50419
appointed by the speaker of the house of representatives, and	50420
three members shall be appointed by the president of the senate.	50421
At least two members shall have experience in the field of	50422
developmental disabilities, and at least two members shall have	50423
experience in the field of mental health. No member shall be a	50424
provider or related to a provider of services to mentally	50425
retarded, developmentally disabled, or mentally ill persons.	50426

(3) Terms of office of the members of the commission shall be	50427
for three years, each term ending on the same day of the month of	50428
the year as did the term which it succeeds. Each member shall	50429
serve subsequent to the expiration of the member's term until a	50430
successor is appointed and qualifies, or until sixty days has	50431
elapsed, whichever occurs first. No member shall serve more than	50432
two consecutive terms.	50433

All vacancies in the membership of the commission shall be	50434
filled in the manner prescribed for regular appointments to the	50435
commission and shall be limited to the unexpired terms.	50436

(4) The commission shall meet at least four times each year.	50437
Members shall be reimbursed for their necessary and actual	50438
expenses incurred in the performance of their official duties.	50439

(5) The administrator of the legal rights service shall serve	50440
at the pleasure of the commission.	50441

The administrator shall be ~~a person who has had special~~	50442
~~training and experience in the type of work with which the legal~~	50443
~~rights service is charged. If the administrator is not an~~	50444
~~attorney, the administrator shall seek legal counsel when~~	50445
~~appropriate~~an attorney admitted to practice law in this state.	50446
The salary of the administrator shall be established in accordance	50447
with section 124.14 of the Revised Code.	50448

(E) The legal rights service shall be completely independent	50449
of the department of mental health and the department of mental	50450
retardation and developmental disabilities and, notwithstanding	50451
section 109.02 of the Revised Code, shall also be independent of	50452
the office of the attorney general. The administrator of the legal	50453
rights service, staff, and attorneys designated by the	50454
administrator to represent persons detained, hospitalized, or	50455
institutionalized under this chapter or Chapter 5122. of the	50456
Revised Code shall have ready access to the following:	50457

(1) During normal business hours and at other reasonable	50458
times, all records, except records of community residential	50459
facilities and records of contract agencies of county boards of	50460
mental retardation and developmental disabilities and boards of	50461
alcohol, drug addiction and mental health services, relating to	50462
expenditures of state and federal funds or to the commitment,	50463
care, treatment, and habilitation of all persons represented by	50464
the legal rights service, including those who may be represented	50465
pursuant to division (L) of this section, or persons detained,	50466
hospitalized, institutionalized, or receiving services under this	50467
chapter or Chapter 340., 5119., 5122., or 5126. of the Revised	50468
Code that are records maintained by the following entities	50469
providing services for those persons: departments; institutions;	50470
hospitals; ~~community residential facilities;~~ boards of alcohol,	50471
drug addiction, and mental health services; county boards of	50472
mental retardation and developmental disabilities; ~~contract~~	50473
~~agencies of those boards;~~ and any other entity providing services	50474
to persons who may be represented by the service pursuant to	50475
division (L) of this section;	50476

(2) Any records maintained in computerized data banks of the	50477
departments or boards or, in the case of persons who may be	50478
represented by the service pursuant to division (L) of this	50479
section, any other entity that provides services to those persons;	50480

(3) During their normal working hours, personnel of the	50481
departments, facilities, boards, agencies, institutions,	50482
hospitals, and other service-providing entities;	50483

(4) At any time, all persons detained, hospitalized, or	50484
institutionalized; persons receiving services under this chapter	50485
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	50486
persons who may be represented by the service pursuant to division	50487
(L) of this section.	50488

(5) Records of a community residential facility, a contract	50489
agency of a board of alcohol, drug addiction, and mental health	50490
services, or a contract agency of a county board of mental	50491
retardation and developmental disabilities with one of the	50492
following consents:	50493

(a) The consent of the person, including when the person is a	50494
minor or has been adjudicated incompetent;	50495

(b) The consent of the person's guardian of the person, if	50496
any, or the parent if the person is a minor;	50497

(c) No consent, if the person is unable to consent for any	50498
reason, and the guardian of the person, if any, or the parent of	50499
the minor, has refused to consent or has not responded to a	50500
request for consent and either of the following has occurred:	50501

(i) A complaint regarding the person has been received by the	50502
legal rights service;	50503

(ii) The legal rights service has determined that there is	50504
probable cause to believe that such person has been subjected to	50505
abuse or neglect.	50506

(F) The administrator of the legal rights service shall do	50507
the following:	50508

(1) Administer and organize the work of the legal rights	50509
service and establish administrative or geographic divisions as	50510
the administrator considers necessary, proper, and expedient;	50511

(2) Adopt and promulgate rules that are not in conflict with	50512
rules adopted by the commission and prescribe duties for the	50513
efficient conduct of the business and general administration of	50514
the legal rights service;	50515

(3) Appoint and discharge employees, and hire experts,	50516
consultants, advisors, or other professionally qualified persons	50517
as the administrator considers necessary to carry out the duties	50518
of the legal rights service;	50519

(4) Apply for and accept grants of funds, and accept	50520
charitable gifts and bequests;	50521

(5) Prepare and submit a budget to the general assembly for	50522
the operation of the legal rights service. At least thirty days	50523
prior to submitting the budget to the general assembly, the	50524
administrator shall provide a copy of the budget to the commission	50525
for review and comment. When submitting the budget to the general	50526
assembly, the administrator shall include a copy of any written	50527
comments returned by the commission to the administrator.	50528

(6) Enter into contracts and make expenditures necessary for	50529
the efficient operation of the legal rights service;	50530

(7) Annually prepare a report of activities and submit copies	50531
of the report to the governor, the chief justice of the supreme	50532
court, the president of the senate, the speaker of the house of	50533
representatives, the director of mental health, and the director	50534
of mental retardation and developmental disabilities, and make the	50535
report available to the public;	50536

(8) Upon request of the commission or of the chairperson of	50537
the commission, report to the commission on specific litigation	50538
issues or activities.	50539

(G)(1) The legal rights service may act directly or contract	50540
with other organizations or individuals for the provision of the	50541
services envisioned under this section.	50542

(2) Whenever possible, the administrator shall attempt to	50543
facilitate the resolution of complaints through administrative	50544
channels. Subject to division (G)(3) of this section, if attempts	50545
at administrative resolution prove unsatisfactory, the	50546
administrator may pursue any legal, administrative, and other	50547
appropriate remedies or approaches that may be necessary to	50548
accomplish the purposes of this section.	50549

(3) The administrator may not pursue a class action lawsuit	50550
under division (G)(2) of this section when attempts at	50551
administrative resolution of a complaint prove unsatisfactory	50552
under that division unless both of the following have first	50553
occurred:	50554

(a) At least four members of the commission, by their	50555
affirmative vote, have consented to the pursuit of the class	50556
action lawsuit;	50557

(b) At least five members of the commission are present at	50558
the meeting of the commission at which that consent is obtained.	50559

(4) All records received or maintained by the legal rights	50560
service in connection with any investigation, representation, or	50561
other activity under this section shall be confidential and shall	50562
not be disclosed except as authorized by the person represented by	50563
the legal rights service or, subject to any privilege, a guardian	50564
of the person or parent of the minor. Subject to division (G)(5)	50565
of this section, relationships between personnel and the agents of	50566
the legal rights service and its clients shall be fiduciary	50567
relationships, and all communications shall be ~~confidential,~~	50568
privileged as if between attorney and client.	50569

(5) Any person who has been represented by the legal rights	50570
service or who has applied for and been denied representation and	50571
who files a grievance with the service concerning the	50572
representation or application may appeal the decision of the	50573
service on the grievance to the commission. The person may appeal	50574
notwithstanding any objections of the person's legal guardian. The	50575
commission may examine any records relevant to the appeal and	50576
shall maintain the confidentiality of any records that are	50577
required to be kept confidential.	50578

(H) The legal rights service, on the order of the	50579
administrator, with the approval by an affirmative vote of at	50580
least four members of the commission, may compel by subpoena the	50581
appearance and sworn testimony of any person the administrator	50582
reasonably believes may be able to provide information or to	50583
produce any documents, books, records, papers, or other	50584
information necessary to carry out its duties. On the refusal of	50585
any person to produce or authenticate any requested documents, the	50586
legal rights service may apply to the Franklin county court of	50587
common pleas to compel the production or authentication of	50588
requested documents. If the court finds that failure to produce or	50589
authenticate any requested documents was improper, the court may	50590
hold the person in contempt as in the case of disobedience of the	50591
requirements of a subpoena issued from the court, or a refusal to	50592
testify in the court.	50593

(I) The legal rights service may conduct public hearings.

50594

(J) The legal rights service may request from any	50595
governmental agency any cooperation, assistance, services, or data	50596
that will enable it to perform its duties.	50597

(K) In any malpractice action filed against the administrator	50598
of the legal rights service, a member of the staff of the legal	50599
rights service, or an attorney designated by the administrator to	50600
perform legal services under division (E) of this section, the	50601
state shall, when the administrator, member, or attorney has acted	50602
in good faith and in the scope of employment, indemnify the	50603
administrator, member, or attorney for any judgment awarded or	50604
amount negotiated in settlement, and for any court costs or legal	50605
fees incurred in defense of the claim.	50606

This division does not limit or waive, and shall not be	50607
construed to limit or waive, any defense that is available to the	50608
legal rights service, its administrator or employees, persons	50609
under a personal services contract with it, or persons designated	50610
under division (E) of this section, including, but not limited to,	50611
any defense available under section 9.86 of the Revised Code.	50612

(L) In addition to providing services to mentally ill,	50613
mentally retarded, or developmentally disabled persons, when a	50614
grant authorizing the provision of services to other individuals	50615
is accepted pursuant to division (F)(4) of this section, the legal	50616
rights service and its ombudsperson section may provide advocacy	50617
or ombudsperson services to those other individuals and exercise	50618
any other authority granted by this section or sections 5123.601	50619
to 5123.604 of the Revised Code on behalf of those individuals.	50620
Determinations of whether an individual is eligible for services	50621
under this division shall be made by the legal rights service.	50622

Sec. 5123.602. ~~The ombudsman~~(A) Except as provided in	50623
division (B) of this section, the ombudsperson section of the	50624
legal rights service may, in order to carry out its duties under	50625
this chapter, make necessary inquiries and obtain information it	50626
considers necessary. ~~For those purposes~~Upon receiving a complaint	50627
and in the course of conducting an investigation in accordance	50628
with division (B) of section 5123.601 of the Revised Code, the	50629
section shall have ready access to the premises and records of all	50630
providers of services to mentally retarded, developmentally	50631
disabled, or mentally ill persons and shall have the right to	50632
communicate in a private and confidential setting with any	50633
mentally retarded, developmentally disabled, or mentally ill	50634
persons, with their parents, guardians, or advocates, and with	50635
employees of any provider.	50636

(B) Records held by community residential facilities,	50637
contract agencies of boards of alcohol, drug addiction, and mental	50638
health services, and contract agencies of county boards of mental	50639
retardation and developmental disabilities shall only be	50640
accessible by the ombudsperson section of the legal rights service	50641
in a situation as described in division (E)(5) of section 5123.60	50642
of the Revised Code.	50643

Sec. 5123.605. There is hereby created in the state treasury	50644
the program income fund. Revenue generated from settlements,	50645
gifts, donations, and other sources of legal rights service	50646
program income shall be credited to the fund. The program income	50647
fund shall be used to support legal rights service programs for	50648
purposes from which the income was derived and for the general	50649
support of legal rights service programs.	50650

Sec. 5123.99. (A) Whoever violates section 5123.16 or	50651
5123.20 of the Revised Code is guilty of a misdemeanor of the	50652
first degree.	50653

(B) Whoever violates division (C), (E), or (G)(3) of section	50654
5123.61 of the Revised Code is guilty of a misdemeanor of the	50655
fourth degree or, if the abuse or neglect constitutes a felony, a	50656
misdemeanor of the second degree. In addition to any other	50657
sanction or penalty authorized or required by law, if a person who	50658
is convicted of or pleads guilty to a violation of division (C),	50659
(E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD	50660
employee, as defined in section 5123.50 of the Revised Code, the	50661
offender shall be eligible to be included in the registry	50662
regarding misappropriation, abuse, neglect, or other specified	50663
misconduct by MR/DD employees established under section 5123.52 of	50664
the Revised Code.	50665

(C) Whoever violates division (A) of section 5123.604 of the	50666
Revised Code is guilty of a misdemeanor of the second degree.	50667

(D) Whoever violates division (B) of section 5123.604 of the	50668
Revised Code shall be fined not more than one thousand dollars.	50669
Each violation constitutes a separate offense.	50670

Sec. 5126.038. (A)~~(1)~~ As used in this section, "professional	50671
services" means all of the following services provided on behalf	50672
of a county board of mental retardation and developmental	50673
disabilities, members or employees of a county board, or both:	50674

~~(a)~~(1) Lobbying and other governmental affairs services;

50675

~~(b)~~(2) Legal services other than the legal services provided	50676
by a county prosecutor or provided for the purpose of collective	50677
bargaining;	50678

~~(c)~~(3) Public relation services;

50679

~~(d)~~(4) Consulting services;

50680

~~(e)~~(5) Personnel training services, not including tuition or	50681
professional growth reimbursement programs for county board	50682
members or employees.	50683

~~(2) "Professional services" does not mean services provided~~	50684
~~pursuant to a service contract as defined in section 5126.035 of~~	50685
~~the Revised Code.~~	50686

(B) Each county board of mental retardation and developmental	50687
disabilities shall submit to the board of county commissioners of	50688
each county that is served by the county board, in accordance with	50689
the normal budget process and as part of its budget request, a	50690
list identifying the total expenditures projected for any of the	50691
following:	50692

(1) Any membership dues of the members or employees of the	50693
county board, in any organization, association, or other entity;	50694

(2) Any professional services of the county board, its	50695
members or employees, or both;	50696

(3) Any training of the members or employees of the county	50697
board.	50698

Sec. 5126.04. (A) Each county board of mental retardation	50699
and developmental disabilities shall plan and set priorities based	50700
on available resources for the provision of facilities, programs,	50701
and other services to meet the needs of county residents who are	50702
individuals with mental retardation and other developmental	50703
disabilities, former residents of the county residing in state	50704
institutions or placed under purchase of service agreements under	50705
section 5123.18 of the Revised Code, and children subject to a	50706
determination made pursuant to section 121.38 of the Revised Code.	50707

Each county board shall assess the facility and service needs	50708
of the individuals with mental retardation and other developmental	50709
disabilities who are residents of the county or former residents	50710
of the county residing in state institutions or placed under	50711
purchase of service agreements under section 5123.18 of the	50712
Revised Code.	50713

Each county board shall require individual habilitation or	50714
service plans for individuals with mental retardation and other	50715
developmental disabilities who are being served or who have been	50716
determined eligible for services and are awaiting the provision of	50717
services. Each board shall ensure that methods of having their	50718
service needs evaluated are available.	50719

(B) The department of mental retardation and developmental	50720
disabilities may adopt rules in accordance with Chapter 119. of	50721
the Revised Code as necessary to implement this section. To the	50722
extent that rules adopted under this section apply to the	50723
identification and placement of ~~handicapped~~ children with	50724
disabilities under Chapter 3323. of the Revised Code, the rules	50725
shall be consistent with the standards and procedures established	50726
under sections 3323.03 to 3323.05 of the Revised Code.	50727

(C) The responsibility or authority of a county board to	50728
provide services under this chapter does not affect the	50729
responsibility of any other entity of state or local government to	50730
provide services to individuals with mental retardation and	50731
developmental disabilities.	50732

(D) On or before the first day of February prior to a school	50733
year, a county board of mental retardation and developmental	50734
disabilities may elect not to participate during that school year	50735
in the provision of or contracting for educational services for	50736
children ages six through twenty-one years of age, provided that	50737
on or before that date the board gives notice of this election to	50738
the superintendent of public instruction, each school district in	50739
the county, and the educational service center serving the county.	50740
If a board makes this election, it shall not have any	50741
responsibility for or authority to provide educational services	50742
that school year for children ages six through twenty-one years of	50743
age. If a board does not make an election for a school year in	50744
accordance with this division, the board shall be deemed to have	50745
elected to participate during that school year in the provision of	50746
or contracting for educational services for children ages six	50747
through twenty-one years of age.	50748

(E) If a county board of mental retardation and developmental	50749
disabilities elects to provide educational services during a	50750
school year to individuals six through twenty-one years of age who	50751
~~are multiply handicapped~~have multiple disabilities, the board may	50752
provide these services to individuals who are appropriately	50753
identified and determined eligible pursuant to Chapter 3323. of	50754
the Revised Code, and in accordance with applicable rules of the	50755
state board of education. The county board may also provide	50756
related services to individuals six through twenty-one years of	50757
age who have one or more disabling conditions, in accordance with	50758
section 3317.20 and Chapter 3323. of the Revised Code and	50759
applicable rules of the state board of education.	50760

Sec. 5126.041. (A) As used in this section:

50761

(1) "Biological risk" and "environmental risk" have the	50762
meanings established pursuant to section 5123.011 of the Revised	50763
Code.	50764

(2) "~~Handicapped preschool~~Preschool child with a disability"	50765
has the same meaning as in section 3323.01 of the Revised Code.	50766

(3) "State institution" means all or part of an institution	50767
under the control of the department of mental retardation and	50768
developmental disabilities pursuant to section 5123.03 of the	50769
Revised Code and maintained for the care, treatment, and training	50770
of the mentally retarded.	50771

(B) Except as provided in division (C) of this section, each	50772
county board of mental retardation and developmental disabilities	50773
shall make eligibility determinations in accordance with the	50774
definition of "developmental disability" in section 5126.01 of the	50775
Revised Code. Pursuant to rules the department of mental	50776
retardation and developmental disabilities shall adopt in	50777
accordance with Chapter 119. of the Revised Code, a county board	50778
may establish eligibility for programs and services for either of	50779
the following:	50780

(1) Individuals under age six who have a biological risk or	50781
environmental risk of a developmental delay;	50782

(2) Any ~~handicapped~~ preschool child with a disability	50783
eligible for services under section 3323.02 of the Revised Code	50784
whose ~~handicap~~disability is not attributable solely to mental	50785
illness as defined in section 5122.01 of the Revised Code.	50786

(C)(1) A county board shall make determinations of	50787
eligibility for service and support administration in accordance	50788
with rules adopted under section 5126.08 of the Revised Code.	50789

(2) All persons who were eligible for services and enrolled	50790
in programs offered by a county board of mental retardation and	50791
developmental disabilities pursuant to this chapter on July 1,	50792
1991, shall continue to be eligible for those services and to be	50793
enrolled in those programs as long as they are in need of	50794
services.	50795

(3) A person who resided in a state institution on or before	50796
October 29, 1993, is eligible for programs and services offered by	50797
a county board of mental retardation and developmental	50798
disabilities, unless the person is determined by the county board	50799
not to be in need of those programs and services.	50800

(D) A county board shall refer a person who requests but is	50801
not eligible for programs and services offered by the board to	50802
other entities of state and local government or appropriate	50803
private entities that provide services.	50804

(E) Membership of a person on, or employment of a person by,	50805
a county board of mental retardation and developmental	50806
disabilities does not affect the eligibility of any member of that	50807
person's family for services provided by the board or by any	50808
entity under contract with the board.	50809

Sec. 5126.042. (A) As used in this section, "emergency"	50810
means any situation that creates for an individual with mental	50811
retardation or developmental disabilities a risk of substantial	50812
self-harm or substantial harm to others if action is not taken	50813
within thirty days. An "emergency" may include one or more of the	50814
following situations:	50815

(1) Loss of present residence for any reason, including legal	50816
action;	50817

(2) Loss of present caretaker for any reason, including	50818
serious illness of the caretaker, change in the caretaker's	50819
status, or inability of the caretaker to perform effectively for	50820
the individual;	50821

(3) Abuse, neglect, or exploitation of the individual;

50822

(4) Health and safety conditions that pose a serious risk to	50823
the individual or others of immediate harm or death;	50824

(5) Change in the emotional or physical condition of the	50825
individual that necessitates substantial accommodation that cannot	50826
be reasonably provided by the individual's existing caretaker.	50827

(B) If a county board of mental retardation and developmental	50828
disabilities determines that available resources are not	50829
sufficient to meet the needs of all individuals who request	50830
programs and services and may be offered the programs and	50831
services, it shall establish waiting lists for services. The board	50832
may establish priorities for making placements on its waiting	50833
lists according to an individual's emergency status and shall	50834
establish priorities in accordance with divisions (D) and (E) of	50835
this section.	50836

The individuals who may be placed on a waiting list include	50837
individuals with a need for services on an emergency basis and	50838
individuals who have requested services for which resources are	50839
not available.	50840

Except for an individual who is to receive priority for	50841
services pursuant to division (D)(3) of this section, an	50842
individual who currently receives a service but would like to	50843
change to another service shall not be placed on a waiting list	50844
but shall be placed on a service substitution list. The board	50845
shall work with the individual, service providers, and all	50846
appropriate entities to facilitate the change in service as	50847
expeditiously as possible. The board may establish priorities for	50848
making placements on its service substitution lists according to	50849
an individual's emergency status.	50850

In addition to maintaining waiting lists and service	50851
substitution lists, a board shall maintain a long-term service	50852
planning registry for individuals who wish to record their	50853
intention to request in the future a service they are not	50854
currently receiving. The purpose of the registry is to enable the	50855
board to document requests and to plan appropriately. The board	50856
may not place an individual on the registry who meets the	50857
conditions for receipt of services on an emergency basis.	50858

(C) A county board shall establish a separate waiting list	50859
for each of the following categories of services, and may	50860
establish separate waiting lists within the waiting lists:	50861

(1) Early childhood services;

50862

(2) Educational programs for preschool and school age	50863
children;	50864

(3) Adult services;

50865

(4) Service and support administration;

50866

(5) Residential services and supported living;

50867

(6) Transportation services;

50868

(7) Other services determined necessary and appropriate for	50869
persons with mental retardation or a developmental disability	50870
according to their individual habilitation or service plans;	50871

(8) Family support services provided under section 5126.11 of	50872
the Revised Code.	50873

(D) Except as provided in division (G) of this section, a	50874
county board shall do, as priorities, all of the following in	50875
accordance with the assessment component, approved under section	50876
5123.046 of the Revised Code, of the county board's plan developed	50877
under section 5126.054 of the Revised Code:	50878

(1) For the purpose of obtaining additional federal medicaid	50879
funds for home and community-based services and medicaid case	50880
management services, do both of the following:	50881

(a) Give an individual who is eligible for home and	50882
community-based services and meets both of the following	50883
requirements priority over any other individual on a waiting list	50884
established under division (C) of this section for home and	50885
community-based services that include supported living,	50886
residential services, or family support services:	50887

(i) Is twenty-two years of age or older;

50888

(ii) Receives supported living or family support services.

50889

(b) Give an individual who is eligible for home and	50890
community-based services and meets both of the following	50891
requirements priority over any other individual on a waiting list	50892
established under division (C) of this section for home and	50893
community-based services that include adult services:	50894

(i) Resides in the individual's own home or the home of the	50895
individual's family and will continue to reside in that home after	50896
enrollment in home and community-based services;	50897

(ii) Receives adult services from the county board.

50898

(2) As federal medicaid funds become available pursuant to	50899
division (D)(1) of this section, give an individual who is	50900
eligible for home and community-based services and meets any of	50901
the following requirements priority for such services over any	50902
other individual on a waiting list established under division (C)	50903
of this section:	50904

(a) Does not receive residential services or supported	50905
living, either needs services in the individual's current living	50906
arrangement or will need services in a new living arrangement, and	50907
has a primary caregiver who is sixty years of age or older;	50908

(b) Is less than twenty-two years of age and has at least one	50909
of the following service needs that are unusual in scope or	50910
intensity:	50911

(i) Severe behavior problems for which a behavior support	50912
plan is needed;	50913

(ii) An emotional disorder for which anti-psychotic	50914
medication is needed;	50915

(iii) A medical condition that leaves the individual	50916
dependent on life-support medical technology;	50917

(iv) A condition affecting multiple body systems for which a	50918
combination of specialized medical, psychological, educational, or	50919
habilitation services are needed;	50920

(v) A condition the county board determines to be comparable	50921
in severity to any condition described in ~~division~~divisions	50922
(D)(2)(b)(i) to (iv) of this section and places the individual at	50923
significant risk of institutionalization.	50924

(c) Is twenty-two years of age or older, does not receive	50925
residential services or supported living, and is determined by the	50926
county board to have intensive needs for home and community-based	50927
services on an in-home or out-of-home basis.	50928

(3) In fiscal years 2002 and 2003, give an individual who is	50929
eligible for home and community-based services, resides in an	50930
intermediate care facility for the mentally retarded or nursing	50931
facility, chooses to move to another setting with the help of home	50932
and community-based services, and has been determined by the	50933
department of mental retardation and developmental disabilities to	50934
be capable of residing in the other setting, priority over any	50935
other individual on a waiting list established under division (C)	50936
of this section for home and community-based services who does not	50937
meet these criteria. The department of mental retardation and	50938
developmental disabilities shall identify the individuals to	50939
receive priority under division (D)(3) of this section, assess the	50940
needs of the individuals, and notify the county boards that are to	50941
provide the individuals priority under division (D)(3) of this	50942
section of the individuals identified by the department and the	50943
individuals' assessed needs.	50944

(E) Except as provided in division (G) of this section and	50945
for a number of years and beginning on a date specified in rules	50946
adopted under division (K) of this section, a county board shall	50947
give an individual who is eligible for home and community-based	50948
services, resides in a nursing facility, and chooses to move to	50949
another setting with the help of home and community-based	50950
services, priority over any other individual on a waiting list	50951
established under division (C) of this section for home and	50952
community-based services who does not meet these criteria.	50953

(F) If two or more individuals on a waiting list established	50954
under division (C) of this section for home and community-based	50955
services have priority for the services pursuant to division	50956
(D)(1) or (2) or (E) of this section, a county board may use,	50957
until December 31, ~~2007~~2009, criteria specified in rules adopted	50958
under division (K)(2) of this section in determining the order in	50959
which the individuals with priority will be offered the services.	50960
Otherwise, the county board shall offer the home and	50961
community-based services to such individuals in the order they are	50962
placed on the waiting list.	50963

(G)(1) No individual may receive priority for services	50964
pursuant to division (D) or (E) of this section over an individual	50965
placed on a waiting list established under division (C) of this	50966
section on an emergency status.	50967

(2) No more than four hundred individuals in the state may	50968
receive priority for services during the ~~2006~~2008 and ~~2007~~2009	50969
biennium pursuant to division (D)(2)(b) of this section.	50970

(3) No more than a total of seventy-five individuals in the	50971
state may receive priority for services during state fiscal years	50972
2002 and 2003 pursuant to division (D)(3) of this section.	50973

(4) No more than forty individuals in the state may receive	50974
priority for services pursuant to division (E) of this section for	50975
each year that priority category is in effect as specified in	50976
rules adopted under division (K) of this section.	50977

(H) Prior to establishing any waiting list under this	50978
section, a county board shall develop and implement a policy for	50979
waiting lists that complies with this section and rules adopted	50980
under division (K) of this section.	50981

Prior to placing an individual on a waiting list, the county	50982
board shall assess the service needs of the individual in	50983
accordance with all applicable state and federal laws. The county	50984
board shall place the individual on the appropriate waiting list	50985
and may place the individual on more than one waiting list. The	50986
county board shall notify the individual of the individual's	50987
placement and position on each waiting list on which the	50988
individual is placed.	50989

At least annually, the county board shall reassess the	50990
service needs of each individual on a waiting list. If it	50991
determines that an individual no longer needs a program or	50992
service, the county board shall remove the individual from the	50993
waiting list. If it determines that an individual needs a program	50994
or service other than the one for which the individual is on the	50995
waiting list, the county board shall provide the program or	50996
service to the individual or place the individual on a waiting	50997
list for the program or service in accordance with the board's	50998
policy for waiting lists.	50999

When a program or service for which there is a waiting list	51000
becomes available, the county board shall reassess the service	51001
needs of the individual next scheduled on the waiting list to	51002
receive that program or service. If the reassessment demonstrates	51003
that the individual continues to need the program or service, the	51004
board shall offer the program or service to the individual. If it	51005
determines that an individual no longer needs a program or	51006
service, the county board shall remove the individual from the	51007
waiting list. If it determines that an individual needs a program	51008
or service other than the one for which the individual is on the	51009
waiting list, the county board shall provide the program or	51010
service to the individual or place the individual on a waiting	51011
list for the program or service in accordance with the board's	51012
policy for waiting lists. The county board shall notify the	51013
individual of the individual's placement and position on the	51014
waiting list on which the individual is placed.	51015

(I) A child subject to a determination made pursuant to	51016
section 121.38 of the Revised Code who requires the home and	51017
community-based services provided through a medicaid component	51018
that the department of mental retardation and developmental	51019
disabilities administers under section 5111.871 of the Revised	51020
Code shall receive services through that medicaid component. For	51021
all other services, a child subject to a determination made	51022
pursuant to section 121.38 of the Revised Code shall be treated as	51023
an emergency by the county boards and shall not be subject to a	51024
waiting list.	51025

(J) Not later than the fifteenth day of March of each	51026
even-numbered year, each county board shall prepare and submit to	51027
the director of mental retardation and developmental disabilities	51028
its recommendations for the funding of services for individuals	51029
with mental retardation and developmental disabilities and its	51030
proposals for reducing the waiting lists for services.	51031

(K)(1) The department of mental retardation and developmental	51032
disabilities shall adopt rules in accordance with Chapter 119. of	51033
the Revised Code governing waiting lists established under this	51034
section. The rules shall include procedures to be followed to	51035
ensure that the due process rights of individuals placed on	51036
waiting lists are not violated.	51037

(2) As part of the rules adopted under this division, the	51038
department shall adopt rules establishing criteria a county board	51039
may use under division (F) of this section in determining the	51040
order in which individuals with priority for home and	51041
community-based services will be offered the services. The rules	51042
shall also specify conditions under which a county board, when	51043
there is no individual with priority for home and community-based	51044
services pursuant to division (D)(1) or (2) or (E) of this section	51045
available and appropriate for the services, may offer the services	51046
to an individual on a waiting list for the services but not given	51047
such priority for the services. The rules adopted under division	51048
(K)(2) of this section shall cease to have effect December 31,	51049
~~2007~~2009.	51050

(3) As part of the rules adopted under this division, the	51051
department shall adopt rules specifying both of the following for	51052
the priority category established under division (E) of this	51053
section:	51054

(a) The number of years, which shall not exceed five, that	51055
the priority category will be in effect;	51056

(b) The date that the priority category is to go into effect.

51057

(L) The following shall take precedence over the applicable	51058
provisions of this section:	51059

(1) Medicaid rules and regulations;

51060

(2) Any specific requirements that may be contained within a	51061
medicaid state plan amendment or waiver program that a county	51062
board has authority to administer or with respect to which it has	51063
authority to provide services, programs, or supports.	51064

Sec. 5126.046. (A) Each county board of mental retardation	51065
and developmental disabilities that has medicaid local	51066
administrative authority under division (A) of section 5126.055 of	51067
the Revised Code for habilitation, vocational, or community	51068
employment services provided as part of home and community-based	51069
services shall create a list of all persons and government	51070
entities eligible to provide such habilitation, vocational, or	51071
community employment services. If the county board chooses and is	51072
eligible to provide such habilitation, vocational, or community	51073
employment services, the county board shall include itself on the	51074
list. The county board shall make the list available to each	51075
individual with mental retardation or other developmental	51076
disability who resides in the county and is eligible for such	51077
habilitation, vocational, or community employment services. The	51078
county board shall also make the list available to such	51079
individuals' families.	51080

An individual with mental retardation or other developmental	51081
disability who is eligible for habilitation, vocational, or	51082
community employment services may choose the provider of the	51083
services.	51084

~~A county board that has medicaid local administrative~~	51085
~~authority under division (A) of section 5126.055 of the Revised~~	51086
~~Code for habilitation, vocational, and community employment~~	51087
~~services provided as part of home and community-based services~~	51088
~~shall pay the nonfederal share of the habilitation, vocational,~~	51089
~~and community employment services when required by section~~	51090
~~5126.057 of the Revised Code. The department of mental retardation~~	51091
~~and developmental disabilities shall pay the nonfederal share of~~	51092
~~such habilitation, vocational, and community employment services~~	51093
~~when required by section 5123.047 of the Revised Code.~~	51094

(B) Each month, the department of mental retardation and	51095
developmental disabilities shall create a list of all persons and	51096
government entities eligible to provide residential services and	51097
supported living. The department shall include on the list all	51098
residential facilities licensed under section 5123.19 of the	51099
Revised Code and all supported living providers certified under	51100
section ~~5126.431~~5123.161 of the Revised Code. The department	51101
shall distribute the monthly lists to county boards that have	51102
local administrative authority under division (A) of section	51103
5126.055 of the Revised Code for residential services and	51104
supported living provided as part of home and community-based	51105
services. A county board that receives a list shall make it	51106
available to each individual with mental retardation or other	51107
developmental disability who resides in the county and is eligible	51108
for such residential services or supported living. The county	51109
board shall also make the list available to the families of those	51110
individuals.	51111

An individual who is eligible for residential services or	51112
supported living may choose the provider of the residential	51113
services or supported living.	51114

~~A county board that has medicaid local administrative~~	51115
~~authority under division (A) of section 5126.055 of the Revised~~	51116
~~Code for residential services and supported living provided as~~	51117
~~part of home and community-based services shall pay the nonfederal~~	51118
~~share of the residential services and supported living when~~	51119
~~required by section 5126.057 of the Revised Code. The department~~	51120
~~shall pay the nonfederal share of the residential services and~~	51121
~~supported living when required by section 5123.047 of the Revised~~	51122
~~Code.~~	51123

(C) If a county board that has medicaid local administrative	51124
authority under division (A) of section 5126.055 of the Revised	51125
Code for home and community-based services violates the right	51126
established by this section of an individual to choose a provider	51127
that is qualified and willing to provide services to the	51128
individual, the individual shall receive timely notice that the	51129
individual may request a hearing under section 5101.35 of the	51130
Revised Code.	51131

(D) The departments of mental retardation and developmental	51132
disabilities and job and family services shall adopt rules in	51133
accordance with Chapter 119. of the Revised Code governing the	51134
implementation of this section. The rules shall include procedures	51135
for individuals to choose their service providers. The rules shall	51136
not be limited by a provider selection system established under	51137
section 5126.42 of the Revised Code, including any pool of	51138
providers created pursuant to a provider selection system.	51139

Sec. 5126.05. (A) Subject to the rules established by the	51140
director of mental retardation and developmental disabilities	51141
pursuant to Chapter 119. of the Revised Code for programs and	51142
services offered pursuant to this chapter, and subject to the	51143
rules established by the state board of education pursuant to	51144
Chapter 119. of the Revised Code for programs and services offered	51145
pursuant to Chapter 3323. of the Revised Code, the county board of	51146
mental retardation and developmental disabilities shall:	51147

(1) Administer and operate facilities, programs, and services	51148
as provided by this chapter and Chapter 3323. of the Revised Code	51149
and establish policies for their administration and operation;	51150

(2) Coordinate, monitor, and evaluate existing services and	51151
facilities available to individuals with mental retardation and	51152
developmental disabilities;	51153

(3) Provide early childhood services, supportive home	51154
services, and adult services, according to the plan and priorities	51155
developed under section 5126.04 of the Revised Code;	51156

(4) Provide or contract for special education services	51157
pursuant to Chapters 3317. and 3323. of the Revised Code and	51158
ensure that related services, as defined in section 3323.01 of the	51159
Revised Code, are available according to the plan and priorities	51160
developed under section 5126.04 of the Revised Code;	51161

(5) Adopt a budget, authorize expenditures for the purposes	51162
specified in this chapter and do so in accordance with section	51163
319.16 of the Revised Code, approve attendance of board members	51164
and employees at professional meetings and approve expenditures	51165
for attendance, and exercise such powers and duties as are	51166
prescribed by the director;	51167

(6) Submit annual reports of its work and expenditures,	51168
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	51169
the director, the superintendent of public instruction, and the	51170
board of county commissioners at the close of the fiscal year and	51171
at such other times as may reasonably be requested;	51172

(7) Authorize all positions of employment, establish	51173
compensation, including but not limited to salary schedules and	51174
fringe benefits for all board employees, approve contracts of	51175
employment for management employees that are for a term of more	51176
than one year, employ legal counsel under section 309.10 of the	51177
Revised Code, and contract for employee benefits;	51178

(8) Provide service and support administration in accordance	51179
with section 5126.15 of the Revised Code;	51180

(9) Certify respite care homes pursuant to rules adopted	51181
under section 5123.171 of the Revised Code by the director of	51182
mental retardation and developmental disabilities.	51183

(B) To the extent that rules adopted under this section apply	51184
to the identification and placement of ~~handicapped~~ children with	51185
disabilities under Chapter 3323. of the Revised Code, they shall	51186
be consistent with the standards and procedures established under	51187
sections 3323.03 to 3323.05 of the Revised Code.	51188

(C) Any county board may enter into contracts with other such	51189
boards and with public or private, nonprofit, or profit-making	51190
agencies or organizations of the same or another county, to	51191
provide the facilities, programs, and services authorized or	51192
required, upon such terms as may be agreeable, and in accordance	51193
with this chapter and Chapter 3323. of the Revised Code and rules	51194
adopted thereunder and in accordance with sections 307.86 and	51195
5126.071 of the Revised Code.	51196

(D) A county board may combine transportation for children	51197
and adults enrolled in programs and services offered under section	51198
5126.12 with transportation for children enrolled in classes	51199
funded under section 3317.20 or units approved under section	51200
3317.05 of the Revised Code.	51201

(E) A county board may purchase all necessary insurance	51202
policies, may purchase equipment and supplies through the	51203
department of administrative services or from other sources, and	51204
may enter into agreements with public agencies or nonprofit	51205
organizations for cooperative purchasing arrangements.	51206

(F) A county board may receive by gift, grant, devise, or	51207
bequest any moneys, lands, or property for the benefit of the	51208
purposes for which the board is established and hold, apply, and	51209
dispose of the moneys, lands, and property according to the terms	51210
of the gift, grant, devise, or bequest. All money received by	51211
gift, grant, bequest, or disposition of lands or property received	51212
by gift, grant, devise, or bequest shall be deposited in the	51213
county treasury to the credit of such board and shall be available	51214
for use by the board for purposes determined or stated by the	51215
donor or grantor, but may not be used for personal expenses of the	51216
board members. Any interest or earnings accruing from such gift,	51217
grant, devise, or bequest shall be treated in the same manner and	51218
subject to the same provisions as such gift, grant, devise, or	51219
bequest.	51220

(G) The board of county commissioners shall levy taxes and	51221
make appropriations sufficient to enable the county board of	51222
mental retardation and developmental disabilities to perform its	51223
functions and duties, and may utilize any available local, state,	51224
and federal funds for such purpose.	51225

Sec. 5126.054. (A) Each county board of mental retardation	51226
and developmental disabilities shall, by resolution, develop a	51227
three-calendar year plan that includes the following ~~four~~three	51228
components:	51229

(1) An assessment component that includes all of the	51230
following:	51231

(a) The number of individuals with mental retardation or	51232
other developmental disability residing in the county who need the	51233
level of care provided by an intermediate care facility for the	51234
mentally retarded, may seek home and community-based services, are	51235
given priority for the services pursuant to division (D) of	51236
section 5126.042 of the Revised Code; the service needs of those	51237
individuals; and the projected annualized cost for services;	51238

(b) The source of funds available to the county board to pay	51239
the nonfederal share of medicaid expenditures that the county	51240
board is required by ~~division (A) of section 5126.057~~sections	51241
5126.059 and 5126.0510 of the Revised Code to pay;	51242

(c) Any other applicable information or conditions that the	51243
department of mental retardation and developmental disabilities	51244
requires as a condition of approving the component under section	51245
5123.046 of the Revised Code.	51246

(2) ~~A component that provides for the recruitment, training,~~	51247
~~and retention of existing and new direct care staff necessary to~~	51248
~~implement services included in individualized service plans,~~	51249
~~including behavior management services and health management~~	51250
~~services such as delegated nursing and other habilitation~~	51251
~~services, and protect the health and welfare of individuals~~	51252
~~receiving services included in the individual's individualized~~	51253
~~service plan by complying with safeguards for unusual and major~~	51254
~~unusual incidents, day-to-day program management, and other~~	51255
~~requirements the department shall identify. A county board shall~~	51256
~~develop this component in collaboration with providers of~~	51257
~~medicaid-funded services with which the county board contracts. A~~	51258
~~county board shall include all of the following in the component:~~	51259

~~(a) The source and amount of funds available for the~~	51260
~~component;~~	51261

~~(b) A plan and timeline for implementing the component with~~	51262
~~the medicaid providers under contract with the county board;~~	51263

(~~c) The mechanisms the county board shall use to ensure the~~	51264
~~financial and program accountability of the medicaid provider's~~	51265
~~implementation of the component.~~	51266

~~(3)~~ A preliminary implementation component that specifies the	51267
number of individuals to be provided, during the first year that	51268
the plan is in effect, home and community-based services pursuant	51269
to the priority given to them under divisions (D)(1) and (2) of	51270
section 5126.042 of the Revised Code and the types of home and	51271
community-based services the individuals are to receive;	51272

~~(4)~~(3) A component that provides for the implementation of	51273
medicaid case management services and home and community-based	51274
services for individuals who begin to receive the services on or	51275
after the date the plan is approved under section 5123.046 of the	51276
Revised Code. A county board shall include all of the following in	51277
the component:	51278

(a) If the department of mental retardation and developmental	51279
disabilities or department of job and family services requires, an	51280
agreement to pay the nonfederal share of medicaid expenditures	51281
that the county board is required by ~~division (A) of section~~	51282
~~5126.057~~sections 5126.059 and 5126.0510 of the Revised Code to	51283
pay;	51284

(b) How the services are to be phased in over the period the	51285
plan covers, including how the county board will serve individuals	51286
on a waiting list established under division (C) of section	51287
5126.042 who are given priority status under division (D)(1) of	51288
that section;	51289

(c) Any agreement or commitment regarding the county board's	51290
funding of home and community-based services that the county board	51291
has with the department at the time the county board develops the	51292
component;	51293

(d) Assurances adequate to the department that the county	51294
board will comply with all of the following requirements:	51295

(i) To provide the types of home and community-based services	51296
specified in the preliminary implementation component required by	51297
division (A)~~(3)~~(2) of this section to at least the number of	51298
individuals specified in that component;	51299

(ii) To use any additional funds the county board receives	51300
for the services to improve the county board's resource	51301
capabilities for supporting such services available in the county	51302
at the time the component is developed and to expand the services	51303
to accommodate the unmet need for those services in the county;	51304

(iii) To employ a business manager who is either a new	51305
employee who has earned at least a bachelor's degree in business	51306
administration or a current employee who has the equivalent	51307
experience of a bachelor's degree in business administration. If	51308
the county board will employ a new employee, the county board	51309
shall include in the component a timeline for employing the	51310
employee.	51311

(iv) To employ or contract with a medicaid services manager	51312
who is either a new employee who has earned at least a bachelor's	51313
degree or a current employee who has the equivalent experience of	51314
a bachelor's degree. If the county board will employ a new	51315
employee, the county board shall include in the component a	51316
timeline for employing the employee. Two or three county boards	51317
that have a combined total enrollment in county board services not	51318
exceeding one thousand individuals as determined pursuant to	51319
certifications made under division (B) of section 5126.12 of the	51320
Revised Code may satisfy this requirement by sharing the services	51321
of a medicaid services manager or using the services of a medicaid	51322
services manager employed by or under contract with a regional	51323
council that the county boards establish under section 5126.13 of	51324
the Revised Code.	51325

(e) ~~An agreement to comply with the method, developed by~~	51326
~~rules adopted under section 5123.0413 of the Revised Code, of~~	51327
~~paying for extraordinary costs, including extraordinary costs for~~	51328
~~services to individuals with mental retardation or other~~	51329
~~developmental disability, and ensuring the availability of~~	51330
~~adequate funds in the event a county property tax levy for~~	51331
~~services for individuals with mental retardation or other~~	51332
~~developmental disability fails;~~	51333

~~(f)~~ Programmatic and financial accountability measures and	51334
projected outcomes expected from the implementation of the plan;	51335

~~(g)~~(f) Any other applicable information or conditions that	51336
the department requires as a condition of approving the component	51337
under section 5123.046 of the Revised Code.	51338

(B) ~~For the purpose of obtaining the department's approval~~	51339
~~under section 5123.046 of the Revised Code of the plan the county~~	51340
~~board develops under division (A) of this section, a county board~~	51341
~~shall do all of the following:~~	51342

~~(1) Submit the components required by divisions (A)(1) and~~	51343
~~(2) of this section to the department not later than August 1,~~	51344
~~2001;~~	51345

~~(2) Submit the component required by division (A)(3) of this~~	51346
~~section to the department not later than January 31, 2002;~~	51347

~~(3) Submit the component required by division (A)(4) of this~~	51348
~~section to the department not later than July 1, 2002.~~	51349

~~(C)~~ A county board whose plan developed under division (A) of	51350
this section is approved by the department under section 5123.046	51351
of the Revised Code shall update and renew the plan in accordance	51352
with a schedule the department shall develop.	51353

Sec. 5126.055. (A) Except as provided in section 5126.056	51354
of the Revised Code, a county board of mental retardation and	51355
developmental disabilities has medicaid local administrative	51356
authority to, and shall, do all of the following for an individual	51357
with mental retardation or other developmental disability who	51358
resides in the county that the county board serves and seeks or	51359
receives home and community-based services:	51360

(1) Perform assessments and evaluations of the individual. As	51361
part of the assessment and evaluation process, the county board	51362
shall do all of the following:	51363

(a) Make a recommendation to the department of mental	51364
retardation and developmental disabilities on whether the	51365
department should approve or deny the individual's application for	51366
the services, including on the basis of whether the individual	51367
needs the level of care an intermediate care facility for the	51368
mentally retarded provides;	51369

(b) If the individual's application is denied because of the	51370
county board's recommendation and the individual requests a	51371
hearing under section 5101.35 of the Revised Code, present, with	51372
the department of mental retardation and developmental	51373
disabilities or department of job and family services, whichever	51374
denies the application, the reasons for the recommendation and	51375
denial at the hearing;	51376

(c) If the individual's application is approved, recommend to	51377
the departments of mental retardation and developmental	51378
disabilities and job and family services the services that should	51379
be included in the individual's individualized service plan and,	51380
if either department approves, reduces, denies, or terminates a	51381
service included in the individual's individualized service plan	51382
under section 5111.871 of the Revised Code because of the county	51383
board's recommendation, present, with the department that made the	51384
approval, reduction, denial, or termination, the reasons for the	51385
recommendation and approval, reduction, denial, or termination at	51386
a hearing under section 5101.35 of the Revised Code.	51387

(2) If the individual has been identified by the department	51388
of mental retardation and developmental disabilities as an	51389
individual to receive priority for home and community-based	51390
services pursuant to division (D)(3) of section 5126.042 of the	51391
Revised Code, assist the department in expediting the transfer of	51392
the individual from an intermediate care facility for the mentally	51393
retarded or nursing facility to the home and community-based	51394
services;	51395

(3) In accordance with the rules adopted under section	51396
5126.046 of the Revised Code, perform the county board's duties	51397
under that section regarding assisting the individual's right to	51398
choose a qualified and willing provider of the services and, at a	51399
hearing under section 5101.35 of the Revised Code, present	51400
evidence of the process for appropriate assistance in choosing	51401
providers;	51402

(4) ~~Unless the county board provides the services under~~	51403
~~division (A)(5) of this section, contract with the person or~~	51404
~~government entity the individual chooses in accordance with~~	51405
~~section 5126.046 of the Revised Code to provide the services if~~	51406
~~the person or government entity is qualified and agrees to provide~~	51407
~~the services. The contract shall contain all the provisions~~	51408
~~required by section 5126.035 of the Revised Code and require the~~	51409
~~provider to agree to furnish, in accordance with the provider's~~	51410
~~medicaid provider agreement and for the authorized reimbursement~~	51411
~~rate, the services the individual requires.~~	51412

~~(5)~~ If the county board is certified under section ~~5123.16~~	51413
5123.161 of the Revised Code to provide the services and agrees to	51414
provide the services to the individual and the individual chooses	51415
the county board to provide the services, furnish, in accordance	51416
with the county board's medicaid provider agreement and for the	51417
authorized reimbursement rate, the services the individual	51418
requires;	51419

~~(6)~~(5) Monitor the services provided to the individual and	51420
ensure the individual's health, safety, and welfare. The	51421
monitoring shall include quality assurance activities. If the	51422
county board provides the services, the department of mental	51423
retardation and developmental disabilities shall also monitor the	51424
services.	51425

~~(7)~~(6) Develop, with the individual and the provider of the	51426
individual's services, an effective individualized service plan	51427
that includes coordination of services, recommend that the	51428
departments of mental retardation and developmental disabilities	51429
and job and family services approve the plan, and implement the	51430
plan unless either department disapproves it;	51431

~~(8)~~(7) Have an investigative agent conduct investigations	51432
under section 5126.313 of the Revised Code that concern the	51433
individual;	51434

~~(9)~~(8) Have a service and support administrator perform the	51435
duties under division (B)(9) of section 5126.15 of the Revised	51436
Code that concern the individual.	51437

(B) A county board shall perform its medicaid local	51438
administrative authority under this section in accordance with all	51439
of the following:	51440

(1) The county board's plan that the department of mental	51441
retardation and developmental disabilities approves under section	51442
5123.046 of the Revised Code;	51443

(2) All applicable federal and state laws;

51444

(3) All applicable policies of the departments of mental	51445
retardation and developmental disabilities and job and family	51446
services and the United States department of health and human	51447
services;	51448

(4) The department of job and family services' supervision	51449
under its authority under section 5111.01 of the Revised Code to	51450
act as the single state medicaid agency;	51451

(5) The department of mental retardation and developmental	51452
disabilities' oversight.	51453

(C) The departments of mental retardation and developmental	51454
disabilities and job and family services shall communicate with	51455
and provide training to county boards regarding medicaid local	51456
administrative authority granted by this section. The	51457
communication and training shall include issues regarding audit	51458
protocols and other standards established by the United States	51459
department of health and human services that the departments	51460
determine appropriate for communication and training. County	51461
boards shall participate in the training. The departments shall	51462
assess the county board's compliance against uniform standards	51463
that the departments shall establish.	51464

(D) A county board may not delegate its medicaid local	51465
administrative authority granted under this section but may	51466
contract with a person or government entity, including a council	51467
of governments, for assistance with its medicaid local	51468
administrative authority. A county board that enters into such a	51469
contract shall notify the director of mental retardation and	51470
developmental disabilities. The notice shall include the tasks and	51471
responsibilities that the contract gives to the person or	51472
government entity. The person or government entity shall comply in	51473
full with all requirements to which the county board is subject	51474
regarding the person or government entity's tasks and	51475
responsibilities under the contract. The county board remains	51476
ultimately responsible for the tasks and responsibilities.	51477

(E) A county board that has medicaid local administrative	51478
authority under this section shall, through the departments of	51479
mental retardation and developmental disabilities and job and	51480
family services, reply to, and cooperate in arranging compliance	51481
with, a program or fiscal audit or program violation exception	51482
that a state or federal audit or review discovers. The department	51483
of job and family services shall timely notify the department of	51484
mental retardation and developmental disabilities and the county	51485
board of any adverse findings. After receiving the notice, the	51486
county board, in conjunction with the department of mental	51487
retardation and developmental disabilities, shall cooperate fully	51488
with the department of job and family services and timely prepare	51489
and send to the department a written plan of correction or	51490
response to the adverse findings. The county board is liable for	51491
any adverse findings that result from an action it takes or fails	51492
to take in its implementation of medicaid local administrative	51493
authority.	51494

(F) If the department of mental retardation and developmental	51495
disabilities or department of job and family services determines	51496
that a county board's implementation of its medicaid local	51497
administrative authority under this section is deficient, the	51498
department that makes the determination shall require that county	51499
board do the following:	51500

(1) If the deficiency affects the health, safety, or welfare	51501
of an individual with mental retardation or other developmental	51502
disability, correct the deficiency within twenty-four hours;	51503

(2) If the deficiency does not affect the health, safety, or	51504
welfare of an individual with mental retardation or other	51505
developmental disability, receive technical assistance from the	51506
department or submit a plan of correction to the department that	51507
is acceptable to the department within sixty days and correct the	51508
deficiency within the time required by the plan of correction.	51509

Sec. 5126.056. (A) The department of mental retardation and	51510
developmental disabilities shall take action under division (B) of	51511
this section against a county board of mental retardation and	51512
developmental disabilities if any of the following are the case:	51513

(1) The county board fails to submit to the department all	51514
the components of its three-year plan required by section 5126.054	51515
of the Revised Code ~~within the time required by division (B) of~~	51516
~~that section~~.	51517

(2) The department disapproves the county board's three-year	51518
plan under section 5123.046 of the Revised Code.	51519

(3) The county board fails, as required by division ~~(C)~~(B) of	51520
section 5126.054 of the Revised Code, to update and renew its	51521
three-year plan in accordance with a schedule the department	51522
develops under that section.	51523

(4) The county board fails to implement its initial or	51524
renewed three-year plan approved by the department.	51525

(5) The county board fails to correct a deficiency within the	51526
time required by division (F) of section 5126.055 of the Revised	51527
Code to the satisfaction of the department.	51528

(6) The county board fails to submit an acceptable plan of	51529
correction to the department within the time required by division	51530
(F)(2) of section 5126.055 of the Revised Code.	51531

(B) If required by division (A) of this section to take	51532
action against a county board, the department shall issue an order	51533
terminating the county board's medicaid local administrative	51534
authority over all or part of home and community-based services,	51535
medicaid case management services, or all or part of both of those	51536
services. The department shall provide a copy of the order to the	51537
board of county commissioners, senior probate judge, county	51538
auditor, and president and superintendent of the county board. The	51539
department shall specify in the order the medicaid local	51540
administrative authority that the department is terminating, the	51541
reason for the termination, and the county board's option and	51542
responsibilities under this division.	51543

A county board whose medicaid local administrative authority	51544
is terminated may, not later than thirty days after the department	51545
issues the termination order, recommend to the department that	51546
another county board that has not had any of its medicaid local	51547
administrative authority terminated or another entity the	51548
department approves administer the services for which the county	51549
board's medicaid local administrative authority is terminated. The	51550
department may contract with the other county board or entity to	51551
administer the services. If the department enters into such a	51552
contract, the county board shall adopt a resolution giving the	51553
other county board or entity full medicaid local administrative	51554
authority over the services that the other county board or entity	51555
is to administer. The other county board or entity shall be known	51556
as the contracting authority.	51557

If the department rejects the county board's recommendation	51558
regarding a contracting authority, the county board may appeal the	51559
rejection under section 5123.043 of the Revised Code.	51560

If the county board does not submit a recommendation to the	51561
department regarding a contracting authority within the required	51562
time or the department rejects the county board's recommendation	51563
and the rejection is upheld pursuant to an appeal, if any, under	51564
section 5123.043 of the Revised Code, the department shall appoint	51565
an administrative receiver to administer the services for which	51566
the county board's medicaid local administrative authority is	51567
terminated. To the extent necessary for the department to appoint	51568
an administrative receiver, the department may utilize employees	51569
of the department, management personnel from another county board,	51570
or other individuals who are not employed by or affiliated with in	51571
any manner a person that provides home and community-based	51572
services or medicaid case management services pursuant to a	51573
contract with any county board. The administrative receiver shall	51574
assume full administrative responsibility for the county board's	51575
services for which the county board's medicaid local	51576
administrative authority is terminated.	51577

The contracting authority or administrative receiver shall	51578
develop and submit to the department a plan of correction to	51579
remediate the problems that caused the department to issue the	51580
termination order. If, after reviewing the plan, the department	51581
approves it, the contracting authority or administrative receiver	51582
shall implement the plan.	51583

The county board shall transfer control of state and federal	51584
funds it is otherwise eligible to receive for the services for	51585
which the county board's medicaid local administrative authority	51586
is terminated and funds the county board may use under division	51587
~~(B)~~(A) of section ~~5126.057~~5126.0511 of the Revised Code to pay	51588
the nonfederal share of the services that the county board is	51589
required by ~~division (A) of that section~~sections 5126.059 and	51590
5126.0510 of the Revised Code to pay. The county board shall	51591
transfer control of the funds to the contracting authority or	51592
administrative receiver administering the services. The amount the	51593
county board shall transfer shall be the amount necessary for the	51594
contracting authority or administrative receiver to fulfill its	51595
duties in administering the services, including its duties to pay	51596
its personnel for time worked, travel, and related matters. If the	51597
county board fails to make the transfer, the department may	51598
withhold the state and federal funds from the county board and	51599
bring a mandamus action against the county board in the court of	51600
common pleas of the county served by the county board or in the	51601
Franklin county court of common pleas. The mandamus action may not	51602
require that the county board transfer any funds other than the	51603
funds the county board is required by division (B) of this section	51604
to transfer.	51605

The contracting authority or administrative receiver has the	51606
right to authorize the payment of bills in the same manner that	51607
the county board may authorize payment of bills under this chapter	51608
and section 319.16 of the Revised Code.	51609

Sec. 5126.059. A county board of mental retardation and	51610
developmental disabilities shall pay the nonfederal share of	51611
medicaid expenditures for medicaid case management services the	51612
county board provides to an individual with mental retardation or	51613
other developmental disability who the county board determines	51614
under section 5126.041 of the Revised Code is eligible for county	51615
board services.	51616

Sec. 5126.0510. (A) Except as otherwise provided in an	51617
agreement entered into under section 5123.048 of the Revised Code	51618
and subject to divisions (B), (C), and (D) of this section, a	51619
county board of mental retardation and developmental disabilities	51620
shall pay the nonfederal share of medicaid expenditures for the	51621
following home and community-based services provided to an	51622
individual with mental retardation or other developmental	51623
disability who the county board determines under section 5126.041	51624
of the Revised Code is eligible for county board services:	51625

(1) Home and community-based services provided by the county	51626
board to such an individual;	51627

(2) Home and community-based services provided by a provider	51628
other than the county board to such an individual who is enrolled	51629
as of June 30, 2007, in the medicaid waiver component under which	51630
the services are provided;	51631

(3) Home and community-based services provided by a provider	51632
other than the county board to such an individual who, pursuant to	51633
a request the county board makes, enrolls in the medicaid waiver	51634
component under which the services are provided after June 30,	51635
2007;	51636

(4) Home and community-based services provided by a provider	51637
other than the county board to such an individual for whom there	51638
is in effect an agreement entered into under division (E) of this	51639
section between the county board and director of mental	51640
retardation and developmental disabilities.	51641

(B) In the case of medicaid expenditures for home and	51642
community-based services for which division (A)(2) of this section	51643
requires a county board to pay the nonfederal share, the following	51644
shall apply to such services provided during fiscal year 2008	51645
under the individual options medicaid waiver component:	51646

(1) The county board shall pay no less than the total amount	51647
the county board paid as the nonfederal share for home and	51648
community-based services provided in fiscal year 2007 under the	51649
individual options medicaid waiver component;	51650

(2) The county board shall pay no more than the sum of the	51651
following:	51652

(a) The total amount the county board paid as the nonfederal	51653
share for home and community-based services provided in fiscal	51654
year 2007 under the individual options medicaid waiver component;	51655

(b) An amount equal to one per cent of the total amount the	51656
department of mental retardation and developmental disabilities	51657
and county board paid as the nonfederal share for home and	51658
community-based services provided in fiscal year 2007 under the	51659
individual options medicaid waiver component to individuals the	51660
county board determined under section 5126.041 of the Revised Code	51661
are eligible for county board services.	51662

(C) A county board is not required to pay the nonfederal	51663
share of home and community-based services provided after June 30,	51664
2008, that the county board is otherwise required by division	51665
(A)(2) of this section to pay if the department of mental	51666
retardation and developmental disabilities fails to comply with	51667
division (A) of section 5123.0416 of the Revised Code.	51668

(D) A county board is not required to pay the nonfederal	51669
share of home and community-based services that the county board	51670
is otherwise required by division (A)(3) of this section to pay if	51671
both of the following apply:	51672

(1) The services are provided to an individual who enrolls in	51673
the medicaid waiver component under which the services are	51674
provided as the result of an order issued following a state	51675
hearing, administrative appeal, or appeal to a court of common	51676
pleas made under section 5101.35 of the Revised Code;	51677

(2) There are more individuals who are eligible for services	51678
from the county board enrolled in the medicaid waiver component	51679
than is required by section 5126.0512 of the Revised Code.	51680

(E) A county board may enter into an agreement with the	51681
director of mental retardation and developmental disabilities	51682
under which the county board agrees to pay the nonfederal share of	51683
medicaid expenditures for one or more home and community-based	51684
services that the county board is not otherwise required by	51685
division (A)(1), (2), or (3) of this section to pay and that are	51686
provided to an individual the county board determines under	51687
section 5126.041 of the Revised Code is eligible for county board	51688
services. The agreement shall specify which home and	51689
community-based services the agreement covers. The county board	51690
shall pay the nonfederal share of medicaid expenditures for the	51691
home and community-based services that the agreement covers as	51692
long as the agreement is in effect.	51693

~~Sec. 5126.057.~~ Sec. 5126.0511. (A) ~~A county board of mental~~	51694
~~retardation and developmental disabilities that has medicaid local~~	51695
~~administrative authority under division (A) of section 5126.055 of~~	51696
~~the Revised Code for home and community-based services shall pay~~	51697
~~the nonfederal share of medicaid expenditures for such services~~	51698
~~provided to an individual with mental retardation or other~~	51699
~~developmental disability who the county board determines under~~	51700
~~section 5126.041 of the Revised Code is eligible for county board~~	51701
~~services unless division (B)(2) or (3) of section 5123.047 of the~~	51702
~~Revised Code requires the department of mental retardation and~~	51703
~~developmental disabilities to pay the nonfederal share.~~	51704

~~A county board that provides medicaid case management~~	51705
~~services shall pay the nonfederal share of medicaid expenditures~~	51706
~~for such services provided to an individual with mental~~	51707
~~retardation or other developmental disability who the county board~~	51708
~~determines under section 5126.041 of the Revised Code is eligible~~	51709
~~for county board services.~~	51710

~~(B)~~ A county board of mental retardation and developmental	51711
disabilities may use the following funds to pay the nonfederal	51712
share of the ~~services~~medicaid expenditures that the county board	51713
is required by ~~division (A)~~sections 5126.059 and 5126.0510 of	51714
~~this section~~the Revised Code to pay:	51715

(1) To the extent consistent with the levy that generated the	51716
taxes, the following taxes:	51717

(a) Taxes levied pursuant to division (L) of section 5705.19	51718
of the Revised Code and section 5705.222 of the Revised Code;	51719

(b) Taxes levied under section 5705.191 of the Revised Code	51720
that the board of county commissioners allocates to the county	51721
board ~~to pay the nonfederal share of the services~~.	51722

(2) Funds that the department of mental retardation and	51723
developmental disabilities distributes to the county board under	51724
sections 5126.11~~, 5126.12, 5126.15,~~and 5126.18~~, and 5126.44~~ of	51725
the Revised Code;	51726

(3) Earned federal revenue funds the county board receives	51727
for medicaid services the county board provides pursuant to the	51728
county board's valid medicaid provider agreement;	51729

(4) Funds that the department of mental retardation and	51730
developmental disabilities distributes to the county board as	51731
subsidy payments;	51732

(5) In the case of medicaid expenditures for home and	51733
community-based services, funds allocated to or otherwise made	51734
available for the county board under section 5123.0416 of the	51735
Revised Code to pay the nonfederal share of such medicaid	51736
expenditures.	51737

~~(C) If by December 31, 2001, the United States secretary of~~	51738
~~health and human services approves at least five hundred more~~	51739
~~slots for home and community-based services for calendar year 2002~~	51740
~~than were available for calendar year 2001, each county board~~	51741
~~shall provide, by the last day of calendar year 2001, assurances~~	51742
~~to the department of mental retardation and developmental~~	51743
~~disabilities that the county board will have for calendar year~~	51744
~~2002 at least one-third of the value of one-half, effective mill~~	51745
~~levied in the county the preceding year available to pay the~~	51746
~~nonfederal share of the services that the county board is required~~	51747
~~by division (A) of this section to pay.~~	51748

~~If by December 31, 2002, the United States secretary approves~~	51749
~~at least five hundred more slots for home and community-based~~	51750
~~services for calendar year 2003 than were available for calendar~~	51751
~~year 2002, each county board shall provide, by the last day of~~	51752
~~calendar year 2002, assurances to the department that the county~~	51753
~~board will have for calendar year 2003 at least two-thirds of the~~	51754
~~value of one-half, effective mill levied in the county the~~	51755
~~preceding year available to pay the nonfederal share of the~~	51756
~~services that the county board is required by division (A) of this~~	51757
~~section to pay.~~	51758

~~If by December 31, 2003, the United States secretary approves~~	51759
~~at least five hundred more slots for home and community-based~~	51760
~~services for calendar year 2004 than were available for calendar~~	51761
~~year 2003, each county board shall provide, by the last day of~~	51762
~~calendar year 2003 and each calendar year thereafter, assurances~~	51763
~~to the department that the county board will have for calendar~~	51764
~~year 2004 and each calendar year thereafter at least the value of~~	51765
~~one-half, effective mill levied in the county the preceding year~~	51766
~~available to pay the nonfederal share of the services that the~~	51767
~~county board is required by division (A) of this section to pay.~~	51768

~~(D)~~ Each year, each county board shall adopt a resolution	51769
specifying the amount of funds it will use in the next year to pay	51770
the nonfederal share of the ~~services~~medicaid expenditures that	51771
the county board is required by ~~division (A) of this section~~	51772
sections 5126.059 and 5126.0510 of the Revised Code to pay. The	51773
amount specified shall be adequate to assure that the services for	51774
which the medicaid expenditures are made will be available in the	51775
county in a manner that conforms to all applicable state and	51776
federal laws. A county board shall state in its resolution that	51777
the payment of the nonfederal share represents an ongoing	51778
financial commitment of the county board. A county board shall	51779
adopt the resolution in time for the county auditor to make the	51780
determination required by division ~~(E)~~(C) of this section.	51781

~~(E)~~(C) Each year, a county auditor shall determine whether	51782
the amount of funds a county board specifies in the resolution it	51783
adopts under division ~~(D)~~(B) of this section will be available in	51784
the following year for the county board to pay the nonfederal	51785
share of the ~~services~~medicaid expenditures that the county board	51786
is required by ~~division (A) of this section~~sections 5126.059 and	51787
5126.0510 of the Revised Code to pay. The county auditor shall	51788
make the determination not later than the last day of the year	51789
before the year in which the funds are to be used.	51790

Sec. 5126.0512. (A) As used in this section, "medicaid	51791
waiver component" means a medicaid waiver component as defined in	51792
section 5111.85 of the Revised Code under which home and	51793
community-based services are provided.	51794

(B) Effective July 1, 2007, each county board of mental	51795
retardation and developmental disabilities shall ensure, for each	51796
medicaid waiver component, that the number of individuals eligible	51797
under section 5126.041 of the Revised Code for services from the	51798
county board who are enrolled in a medicaid waiver component is no	51799
less than the sum of the following:	51800

(1) The number of individuals eligible for services from the	51801
county board who are enrolled in the medicaid waiver component on	51802
June 30, 2007;	51803

(2) The number of medicaid waiver component slots the county	51804
board requested before July 1, 2007, that were assigned to the	51805
county board before that date but in which no individual was	51806
enrolled before that date.	51807

(C) An individual enrolled in a medicaid waiver component	51808
after March 1, 2007, due to an emergency reserve capacity waiver	51809
assignment shall not be counted in determining the number of	51810
individuals a county board must ensure under division (B) of this	51811
section are enrolled in a medicaid waiver component.	51812

(D) An individual who is enrolled in a medicaid waiver	51813
component to comply with the terms of the consent order filed	51814
March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in	51815
the United States district court for the southern district of	51816
Ohio, eastern division, shall be excluded in determining whether a	51817
county board has complied with division (B) of this section.	51818

(E) A county board shall make as many requests for	51819
individuals to be enrolled in a medicaid waiver component as	51820
necessary for the county board to comply with division (B) of this	51821
section.	51822

Sec. 5126.06. (A) Except as provided in division (B) of this	51823
section ~~and section 5126.036 of the Revised Code~~, any person who	51824
has a complaint involving any of the programs, services, policies,	51825
or administrative practices of a county board of mental	51826
retardation and developmental disabilities or any of the entities	51827
under contract with the county board, may file a complaint with	51828
the board. Prior to commencing a civil action regarding the	51829
complaint, a person shall attempt to have the complaint resolved	51830
through the administrative resolution process established in the	51831
rules adopted under section 5123.043 of the Revised Code. After	51832
exhausting the administrative resolution process, the person may	51833
commence a civil action if the complaint is not settled to the	51834
person's satisfaction.	51835

(B) An employee of a county board may not file under this	51836
section a complaint related to the terms and conditions of	51837
employment of the employee.	51838

Sec. 5126.12. (A) As used in this section:

51839

(1) "Approved school age class" means a class operated by a	51840
county board of mental retardation and developmental disabilities	51841
and funded by the department of education under section 3317.20 of	51842
the Revised Code.	51843

(2) "Approved preschool unit" means a class or unit operated	51844
by a county board of mental retardation and developmental	51845
disabilities and approved under division (B) of section 3317.05 of	51846
the Revised Code.	51847

(3) "Active treatment" means a continuous treatment program,	51848
which includes aggressive, consistent implementation of a program	51849
of specialized and generic training, treatment, health services,	51850
and related services, that is directed toward the acquisition of	51851
behaviors necessary for an individual with mental retardation or	51852
other developmental disability to function with as much	51853
self-determination and independence as possible and toward the	51854
prevention of deceleration, regression, or loss of current optimal	51855
functional status.	51856

(4) "Eligible for active treatment" means that an individual	51857
with mental retardation or other developmental disability resides	51858
in an intermediate care facility for the mentally retarded	51859
certified under Title XIX of the "Social Security Act," 79 Stat.	51860
286 (1965), 42 U.S.C. 1396, as amended; resides in a state	51861
institution operated by the department of mental retardation and	51862
developmental disabilities; or is enrolled in home and	51863
community-based services.	51864

(5) "Traditional adult services" means vocational and	51865
nonvocational activities conducted within a sheltered workshop or	51866
adult activity center or supportive home services.	51867

(B) Each county board of mental retardation and developmental	51868
disabilities shall certify to the director of mental retardation	51869
and developmental disabilities all of the following:	51870

(1) On or before the fifteenth day of October, the average	51871
daily membership for the first full week of programs and services	51872
during October receiving:	51873

(a) Early childhood services provided pursuant to section	51874
5126.05 of the Revised Code for children who are less than three	51875
years of age on the thirtieth day of September of the academic	51876
year;	51877

(b) Special education for ~~handicapped~~ children with	51878
disabilities in approved school age classes;	51879

(c) Adult services for persons sixteen years of age and older	51880
operated pursuant to section 5126.05 and division (B) of section	51881
5126.051 of the Revised Code. Separate counts shall be made for	51882
the following:	51883

(i) Persons enrolled in traditional adult services who are	51884
eligible for but not enrolled in active treatment;	51885

(ii) Persons enrolled in traditional adult services who are	51886
eligible for and enrolled in active treatment;	51887

(iii) Persons enrolled in traditional adult services but who	51888
are not eligible for active treatment;	51889

(iv) Persons participating in community employment services.	51890
To be counted as participating in community employment services, a	51891
person must have spent an average of no less than ten hours per	51892
week in that employment during the preceding six months.	51893

(d) Other programs in the county for individuals with mental	51894
retardation and developmental disabilities that have been approved	51895
for payment of subsidy by the department of mental retardation and	51896
developmental disabilities.	51897

The membership in each such program and service in the county	51898
shall be reported on forms prescribed by the department of mental	51899
retardation and developmental disabilities.	51900

The department of mental retardation and developmental	51901
disabilities shall adopt rules defining full-time equivalent	51902
enrollees and for determining the average daily membership	51903
therefrom, except that certification of average daily membership	51904
in approved school age classes shall be in accordance with rules	51905
adopted by the state board of education. The average daily	51906
membership figure shall be determined by dividing the amount	51907
representing the sum of the number of enrollees in each program or	51908
service in the week for which the certification is made by the	51909
number of days the program or service was offered in that week. No	51910
enrollee may be counted in average daily membership for more than	51911
one program or service.	51912

(2) By the fifteenth day of December, the number of children	51913
enrolled in approved preschool units on the first day of December;	51914

(3) On or before the thirtieth day of ~~March~~April, an	51915
itemized report of all income and operating expenditures for the	51916
immediately preceding calendar year, in the format specified by	51917
the department of mental retardation and developmental	51918
disabilities;	51919

(4) ~~By the fifteenth day of February, a report of the total~~	51920
~~annual cost per enrollee for operation of programs and services in~~	51921
~~the preceding calendar year. The report shall include a grand~~	51922
~~total of all programs operated, the cost of the individual~~	51923
~~programs, and the sources of funds applied to each program.~~	51924

~~(5)~~ That each required certification and report is in	51925
accordance with rules established by the department of mental	51926
retardation and developmental disabilities and the state board of	51927
education for the operation and subsidization of the programs and	51928
services.	51929

~~(C) To compute payments under this section to the board for~~	51930
~~the fiscal year, the department of mental retardation and~~	51931
~~developmental disabilities shall use the certification of average~~	51932
~~daily membership required by division (B)(1) of this section~~	51933
~~exclusive of the average daily membership in any approved school~~	51934
~~age class and the number in any approved preschool unit.~~	51935

~~(D) The department shall pay each county board for each~~	51936
~~fiscal year an amount equal to nine hundred fifty dollars times~~	51937
~~the certified number of persons who on the first day of December~~	51938
~~of the academic year are under three years of age and are not in~~	51939
~~an approved preschool unit. For persons who are at least age~~	51940
~~sixteen and are not in an approved school age class, the~~	51941
~~department shall pay each county board for each fiscal year the~~	51942
~~following amounts:~~	51943

~~(1) One thousand dollars times the certified average daily~~	51944
~~membership of persons enrolled in traditional adult services who~~	51945
~~are eligible for but not enrolled in active treatment;~~	51946

~~(2) One thousand two hundred dollars times the certified~~	51947
~~average daily membership of persons enrolled in traditional adult~~	51948
~~services who are eligible for and enrolled in active treatment;~~	51949

~~(3) No less than one thousand five hundred dollars times the~~	51950
~~certified average daily membership of persons enrolled in~~	51951
~~traditional adult services but who are not eligible for active~~	51952
~~treatment;~~	51953

~~(4) No less than one thousand five hundred dollars times the~~	51954
~~certified average daily membership of persons participating in~~	51955
~~community employment services.~~	51956

~~(E) The department shall distribute this subsidy to county~~	51957
~~boards in quarterly installments of equal amounts. The~~	51958
~~installments shall be made not later than the thirtieth day of~~	51959
~~September, the thirty-first day of December, the thirty-first day~~	51960
~~of March, and the thirtieth day of June.~~	51961

~~(F) The director of mental retardation and developmental~~	51962
~~disabilities shall make efforts to obtain increases in the~~	51963
~~subsidies for early childhood services and adult services so that~~	51964
~~the amount of the subsidies is equal to at least fifty per cent of~~	51965
~~the statewide average cost of those services minus any applicable~~	51966
~~federal reimbursements for those services. The director shall~~	51967
~~advise the director of budget and management of the need for any~~	51968
~~such increases when submitting the biennial appropriations request~~	51969
~~for the department.~~	51970

~~(G) In determining the reimbursement of a county board for~~	51971
~~the provision of service and support administration, family~~	51972
~~support services, and other services required or approved by the~~	51973
~~director for which children three through twenty-one years of age~~	51974
~~are eligible, the department shall include the average daily~~	51975
~~membership in approved school age or preschool units. The~~	51976
~~department, in accordance with this section and upon receipt and~~	51977
~~approval of the certification required by this section and any~~	51978
~~other information it requires to enable it to determine a board's~~	51979
~~payments, shall pay the agency providing the specialized training~~	51980
~~the amounts payable under this section.~~	51981

Sec. 5126.15. (A) A county board of mental retardation and	51983
developmental disabilities shall provide service and support	51984
administration to each individual three years of age or older who	51985
is eligible for service and support administration if the	51986
individual requests, or a person on the individual's behalf	51987
requests, service and support administration. A board shall	51988
provide service and support administration to each individual	51989
receiving home and community-based services. A board may provide,	51990
in accordance with the service coordination requirements of 34	51991
C.F.R. 303.23, service and support administration to an individual	51992
under three years of age eligible for early intervention services	51993
under 34 C.F.R. part 303. A board may provide service and support	51994
administration to an individual who is not eligible for other	51995
services of the board. Service and support administration shall be	51996
provided in accordance with rules adopted under section 5126.08 of	51997
the Revised Code.	51998

A board may provide service and support administration by	51999
directly employing service and support administrators or by	52000
contracting with entities for the performance of service and	52001
support administration. Individuals employed or under contract as	52002
service and support administrators shall not be in the same	52003
collective bargaining unit as employees who perform duties that	52004
are not administrative.	52005

Individuals employed by a board as service and support	52006
administrators shall not be assigned responsibilities for	52007
implementing other services for individuals and shall not be	52008
employed by or serve in a decision-making or policy-making	52009
capacity for any other entity that provides programs or services	52010
to individuals with mental retardation or developmental	52011
disabilities. An individual employed as a conditional status	52012
service and support administrator shall perform the duties of	52013
service and support administration only under the supervision of a	52014
management employee who is a service and support administration	52015
supervisor.	52016

(B) The individuals employed by or under contract with a	52017
board to provide service and support administration shall do all	52018
of the following:	52019

(1) Establish an individual's eligibility for the services of	52020
the county board of mental retardation and developmental	52021
disabilities;	52022

(2) Assess individual needs for services;

52023

(3) Develop individual service plans with the active	52024
participation of the individual to be served, other persons	52025
selected by the individual, and, when applicable, the provider	52026
selected by the individual, and recommend the plans for approval	52027
by the department of mental retardation and developmental	52028
disabilities when services included in the plans are funded	52029
through medicaid;	52030

(4) Establish budgets for services based on the individual's	52031
assessed needs and preferred ways of meeting those needs;	52032

(5) Assist individuals in making selections from among the	52033
providers they have chosen;	52034

(6) Ensure that services are effectively coordinated and	52035
provided by appropriate providers;	52036

(7) Establish and implement an ongoing system of monitoring	52037
the implementation of individual service plans to achieve	52038
consistent implementation and the desired outcomes for the	52039
individual;	52040

(8) Perform quality assurance reviews as a distinct function	52041
of service and support administration;	52042

(9) Incorporate the results of quality assurance reviews and	52043
identified trends and patterns of unusual incidents and major	52044
unusual incidents into amendments of an individual's service plan	52045
for the purpose of improving and enhancing the quality and	52046
appropriateness of services rendered to the individual;	52047

(10) Ensure that each individual receiving services has a	52048
designated person who is responsible on a continuing basis for	52049
providing the individual with representation, advocacy, advice,	52050
and assistance related to the day-to-day coordination of services	52051
in accordance with the individual's service plan. The service and	52052
support administrator shall give the individual receiving services	52053
an opportunity to designate the person to provide daily	52054
representation. If the individual declines to make a designation,	52055
the administrator shall make the designation. In either case, the	52056
individual receiving services may change at any time the person	52057
designated to provide daily representation.	52058

~~(C) Subject to available funds, the department of mental~~	52059
~~retardation and developmental disabilities shall pay a county~~	52060
~~board an annual subsidy for service and support administration.~~	52061
~~The amount of the subsidy shall be equal to the greater of twenty~~	52062
~~thousand dollars or two hundred dollars times the board's~~	52063
~~certified average daily membership. The payments shall be made in~~	52064
~~quarterly installments of equal amounts, which shall be made no~~	52065
~~later than the thirtieth day of September, the thirty-first day of~~	52066
~~December, the thirty-first day of March, and the thirtieth day of~~	52067
~~June. Funds received shall be used solely for service and support~~	52068
~~administration.~~	52069

Sec. 5126.18. (A) As used in this section:

52071

(1) "County board" means a county board of mental retardation	52072
and developmental disabilities.	52073

(2) Notwithstanding section 5126.01 of the Revised Code,	52074
"adult services" means the following services, as they are	52075
identified on individual information forms submitted by county	52076
boards to the department of mental retardation and developmental	52077
disabilities ~~for the purpose of subsidies paid to county boards~~	52078
~~under section 5126.12 of the Revised Code~~, provided to an	52079
individual with mental retardation or other developmental	52080
disability who is at least twenty-two years of age:	52081

(a) Assessment;

52082

(b) Home service;

52083

52084

(d) Community employment services;

52085

(e) Retirement.

52086

(3) "Adult services enrollment" means a county board's	52087
average daily membership in adult services, exclusive of such	52088
services provided to individuals served solely through service and	52089
support administration provided pursuant to section 5126.15 of the	52090
Revised Code or family support services provided pursuant to	52091
section 5126.11 of the Revised Code.	52092

(4) "Taxable value" means the taxable value of a county board	52093
certified under division (B)(1) of this section.	52094

(5) "Per-mill yield" of a county board means the quotient	52095
obtained by dividing (a) the taxable value of the county board by	52096
(b) one thousand.	52097

(6) "Local adult services cost" means a county board's	52098
expenditures for adult services, excluding all federal and state	52099
reimbursements and subsidy allocations received by such boards and	52100
expended for such services, as certified under section 5126.12 of	52101
the Revised Code.	52102

(7) "Statewide average millage" means one thousand multiplied	52103
by the quotient obtained by dividing (a) the total of the local	52104
adult services costs of all county boards by (b) the total of the	52105
taxable values of all county boards.	52106

(8) "County yield" of a county board means the product	52107
obtained by multiplying (a) the statewide average millage by (b)	52108
the per-mill yield of the county board.	52109

(9) "County yield per enrollee" of a county board means the	52110
quotient obtained by dividing (a) the county yield of the county	52111
board by (b) the adult enrollment of the county board.	52112

(10) "Statewide yield per enrollee" means the quotient	52113
obtained by dividing (a) the sum of the county yields of all	52114
county boards by (b) the sum of the adult enrollments of all	52115
county boards.	52116

(11) "Local tax effort for adult services" of a county board	52117
means one thousand multiplied by the quotient obtained by dividing	52118
(a) the local adult services cost of the county board by (b) the	52119
taxable value of the county board.	52120

(12) "Funding percentage" for a fiscal year means the	52121
percentage that the amount appropriated to the department for the	52122
purpose of making payments under this section in the fiscal year	52123
is of the amount computed under division (C)(3) of this section	52124
for the fiscal year.	52125

(13) "Funding-adjusted required millage" for a fiscal year	52126
means the statewide average millage multiplied by the funding	52127
percentage for that fiscal year.	52128

(B)(1) On the request of the director of mental retardation	52129
and developmental disabilities, the tax commissioner shall provide	52130
to the department of mental retardation and developmental	52131
disabilities information specifying the taxable value of property	52132
on each county's tax list of real and public utility property and	52133
tax list of personal property for the most recent tax year for	52134
which such information is available. The director may request any	52135
other tax information necessary for the purposes of this section.	52136

(2) On the request of the director, each county board shall	52137
report the county board's adult services enrollment and local	52138
adult services cost.	52139

(C) Each year, the department of mental retardation and	52140
developmental disabilities shall compute the following:	52141

(1) For each county board, the amount, if any, by which the	52142
statewide yield per enrollee exceeds the county yield per	52143
enrollee;	52144

(2) For each county board, the amount of any excess computed	52145
under division (C)(1) of this section multiplied by the adult	52146
services enrollment of the county board;	52147

(3) The sum of the amounts computed under division (C)(2) of	52148
this section for all county boards.	52149

(D) From money appropriated for the purpose, the department	52150
shall provide for payment to each county board of the amount	52151
computed for that county board under division (C)(2) of this	52152
section, subject to any reduction or adjustment under division	52153
(E), (F), or (G) of this section. The department shall make the	52154
payments in quarterly installments of equal amounts. The	52155
installments shall be made not later than the thirtieth day of	52156
September, thirty-first day of December, thirty-first day of	52157
March, and thirtieth day of June.	52158

(E) If a county board's local tax effort for adult services	52159
is less than the funding-adjusted required millage, the director	52160
shall reduce the amount of payment otherwise computed under	52161
division (C)(2) of this section so that the amount paid, after the	52162
reduction, is the same percentage of the amount computed under	52163
division (C)(2) of this section as the county board's local tax	52164
effort for adult services is of the funding-adjusted required	52165
millage.	52166

If the director reduces the amount of a county board's	52167
payment under this division, the department, not later than the	52168
fifteenth day of July, shall notify the county board of the	52169
reduction and the amount of the reduction. The notice shall	52170
include a statement that the county board may request to be	52171
exempted from the reduction by filing a request with the director,	52172
in the manner and form prescribed by the director, within	52173
twenty-one days after such notification is issued. The board may	52174
present evidence of its attempt to obtain passage of levies or any	52175
other extenuating circumstances the board considers relevant. If	52176
the county board requests a hearing before the director to present	52177
such evidence, the director shall conduct a hearing on the request	52178
unless the director exempts the board from the reduction on the	52179
basis of the evidence presented in the request filed by the board.	52180
Upon receiving a properly and timely filed request for exemption,	52181
but not later than the thirty-first day of August, the director	52182
shall determine whether the county board shall be exempted from	52183
all or a part of the reduction. The director may exempt the board	52184
from all or part of the reduction if the director finds that the	52185
board has made good faith efforts to obtain passage of tax levies	52186
or that there are extenuating circumstances.	52187

(F) If a payment is reduced under division (E) of this	52188
section and the director does not exempt the county board from the	52189
reduction, the amount of the reduction shall be apportioned among	52190
all county boards entitled to payments under this section for	52191
which payments were not so reduced. The amount apportioned to each	52192
county board shall be proportionate to the amount of the board's	52193
payment as computed under division (C)(2) of this section.	52194

(G) If, for any fiscal year, the amount appropriated to the	52195
department for the purpose of this section is less than the amount	52196
computed under division (C)(3) of this section for the fiscal	52197
year, the department shall adjust the amount of each payment as	52198
computed under divisions (C)(2), (E), and (F) of this section by	52199
multiplying that amount by the funding percentage.	52200

(H) The payments authorized by this section are supplemental	52201
to all other funds that may be received by a county board. A	52202
county board shall use the payments solely to pay the nonfederal	52203
share of medicaid expenditures that ~~division (A) of section~~	52204
~~5126.057~~sections 5126.059 and 5126.0510 of the Revised Code	52205
~~requires~~require the county board to pay.	52206

Sec. 5126.19. (A) The director of mental retardation and	52207
developmental disabilities may grant temporary funding from the	52208
community mental retardation and developmental disabilities trust	52209
fund based on allocations to county boards of mental retardation	52210
and developmental disabilities. The director may distribute all or	52211
part of the funding directly to a county board, the persons who	52212
provide the services for which the funding is granted, or persons	52213
with mental retardation or developmental disabilities who are to	52214
receive those services.	52215

(B) Funding granted under division (A) of this section shall	52216
be granted according to the availability of moneys in the fund and	52217
priorities established by the director. Funding may be granted for	52218
any of the following purposes:	52219

(1) Behavioral or short-term interventions for persons with	52220
mental retardation or developmental disabilities that assist them	52221
in remaining in the community by preventing institutionalization;	52222

(2) Emergency respite care services, as defined in section	52223
5126.11 of the Revised Code;	52224

(3) Family support services provided under section 5126.11 of	52225
the Revised Code;	52226

(4) Supported living, as defined in section 5126.01 of the	52227
Revised Code;	52228

(5) Staff training for county board employees, employees of	52229
providers of residential services as defined in section 5126.01 of	52230
the Revised Code, and other personnel under contract with a county	52231
board, to provide the staff with necessary training in serving	52232
mentally retarded or developmentally disabled persons in the	52233
community;	52234

(6) Short-term provision of early childhood services provided	52235
under section 5126.05, adult services provided under sections	52236
5126.05 and 5126.051, and service and support administration	52237
provided under section 5126.15 of the Revised Code, when local	52238
moneys are insufficient to meet the need for such services due to	52239
the successive failure within a two-year period of three or more	52240
proposed levies for the services;	52241

(7) Contracts with providers of residential services to	52242
maintain persons with mental retardation and developmental	52243
disabilities in their programs and avoid institutionalization.	52244

(C) If the trust fund contains more than ten million dollars	52245
on the first day of July the director shall use ~~one million~~	52246
~~dollars for payments under section 5126.12 of the Revised Code,~~	52247
one million dollars for payments under section 5126.18 of the	52248
Revised Code, ~~and~~ two million dollars for ~~payments under section~~	52249
~~5126.44 of the Revised Code~~subsidies to county boards for	52250
supported living, and one million dollars for subsidies to county	52251
boards for early childhood services and adult services provided	52252
under section 5126.05 of the Revised Code. Distributions of funds	52253
under this division shall be made prior to August 31 of the state	52254
fiscal year in which the funds are available. The funds shall be	52255
allocated to a county board in an amount equal to the same	52256
percentage of the total amount allocated to the county board the	52257
immediately preceding state fiscal year.	52258

(D) In addition to making grants under division (A) of this	52259
section, the director may use money available in the trust fund	52260
for the same purposes that rules adopted under section 5123.0413	52261
of the Revised Code provide for money in the state MR/DD risk fund	52262
and the state insurance against MR/DD risk fund, both created	52263
under that section, to be used.	52264

Sec. 5126.25. (A) The director of mental retardation and	52265
developmental disabilities shall adopt rules in accordance with	52266
Chapter 119. of the Revised Code establishing uniform standards	52267
and procedures for the certification of persons for employment by	52268
county boards of mental retardation and developmental disabilities	52269
as superintendents, management employees, and professional	52270
employees and uniform standards and procedures for the	52271
registration of persons for employment by county boards as	52272
registered service employees. As part of the rules, the director	52273
may establish continuing education and professional training	52274
requirements for renewal of certificates and evidence of	52275
registration and shall establish such requirements for renewal of	52276
an investigative agent certificate. In the rules, the director	52277
shall establish certification standards for employment in the	52278
position of investigative agent that require an individual to have	52279
or obtain no less than an associate degree from an accredited	52280
college or university or have or obtain comparable experience or	52281
training. The director shall not adopt rules that require any	52282
service employee to have or obtain a bachelor's or higher degree.	52283

The director shall adopt the rules in a manner that provides	52284
for the issuance of certificates and evidence of registration	52285
according to categories, levels, and grades. The rules shall	52286
describe each category, level, and grade.	52287

The rules adopted under this division shall apply to persons	52288
employed or seeking employment in a position that includes	52289
directly providing, or supervising persons who directly provide,	52290
services or instruction to or on behalf of individuals with mental	52291
retardation or developmental disabilities, except that the rules	52292
shall not apply to persons who hold a valid license issued under	52293
Chapter 3319. of the Revised Code and perform no duties other than	52294
teaching or supervision of a teaching program or persons who hold	52295
a valid license or certificate issued under Title XLVII of the	52296
Revised Code and perform only those duties governed by the license	52297
or certificate. The rules shall specify the positions that require	52298
certification or registration. The rules shall specify that the	52299
position of investigative agent requires certification.	52300

(B) The director shall adopt rules in accordance with Chapter	52301
119. of the Revised Code establishing standards for approval of	52302
courses of study to prepare persons to meet certification	52303
requirements. The director shall approve courses of study meeting	52304
the standards and provide for the inspection of the courses to	52305
ensure the maintenance of satisfactory training procedures. The	52306
director shall approve courses of study only if given by a state	52307
university or college as defined in section 3345.32 of the Revised	52308
Code, a state university or college of another state, or an	52309
institution that has received a certificate of authorization to	52310
confer degrees from the board of regents pursuant to Chapter 1713.	52311
of the Revised Code or from a comparable agency of another state.	52312

(C) Each applicant for a certificate for employment or	52313
evidence of registration for employment by a county board shall	52314
apply to the department of mental retardation and developmental	52315
disabilities on forms that the director of the department shall	52316
prescribe and provide. The application shall be accompanied by the	52317
application fee established in rules adopted under this section.	52318

(D) The director shall issue a certificate for employment to	52319
each applicant who meets the standards for certification	52320
established under this section and shall issue evidence of	52321
registration for employment to each applicant who meets the	52322
standards for registration established under this section. Each	52323
certificate or evidence of registration shall state the category,	52324
level, and grade for which it is issued.	52325

The director shall issue, renew, deny, suspend, or revoke	52326
certificates and evidence of registration in accordance with rules	52327
adopted under this section. The director shall deny, suspend, or	52328
revoke a certificate or evidence of registration if the director	52329
finds, pursuant to an adjudication conducted in accordance with	52330
Chapter 119. of the Revised Code, that the applicant for or holder	52331
of the certificate or evidence of registration is guilty of	52332
intemperate, immoral, or other conduct unbecoming to the	52333
applicant's or holder's position, or is guilty of incompetence or	52334
negligence within the scope of the applicant's or holder's duties.	52335
The director shall deny or revoke a certificate or evidence of	52336
registration if the director finds, pursuant to an adjudication	52337
conducted in accordance with Chapter 119. of the Revised Code,	52338
that the applicant for or holder of the certificate or evidence of	52339
registration has been convicted of or pleaded guilty to any of the	52340
offenses described in division (E) of section 5126.28 of the	52341
Revised Code, unless the individual meets standards for	52342
rehabilitation that the director establishes in the rules adopted	52343
under that section. Evidence supporting such allegations shall be	52344
presented to the director in writing and the director shall	52345
provide prompt notice of the allegations to the person who is the	52346
subject of the allegations. A denial, suspension, or revocation	52347
may be appealed in accordance with procedures the director shall	52348
establish in the rules adopted under this section.	52349

(E)(1) A person holding a valid certificate under this	52350
section on the effective date of any rules adopted under this	52351
section that increase certification standards shall have such	52352
period as the rules prescribe, but not less than one year after	52353
the effective date of the rules, to meet the new certification	52354
standards.	52355

A person who is registered under this section on the	52356
effective date of any rule that changes the standards adopted	52357
under this section shall have such period as the rules prescribe,	52358
but not less than one year, to meet the new registration	52359
standards.	52360

(2) If an applicant for a certificate for employment has not	52361
completed the courses of instruction necessary to meet the	52362
department's standards for certification, the department shall	52363
inform the applicant of the courses the applicant must	52364
successfully complete to meet the standards and shall specify the	52365
time within which the applicant must complete the courses. The	52366
department shall grant the applicant at least one year to complete	52367
the courses and shall not require the applicant to complete more	52368
than four courses in any one year. The applicant is not subject to	52369
any changes regarding the courses required for certification that	52370
are made after the department informs the applicant of the courses	52371
the applicant must complete, unless the applicant does not	52372
successfully complete the courses within the time specified by the	52373
department.	52374

(F) A person who holds a certificate or evidence of	52375
registration, other than one designated as temporary, is qualified	52376
to be employed according to that certificate or evidence of	52377
registration by any county board.	52378

(G) The director shall monitor county boards to ensure that	52379
their employees who must be certified or registered are	52380
appropriately certified or registered and performing those	52381
functions they are authorized to perform under their certificate	52382
or evidence of registration.	52383

(H) A county board superintendent or the superintendent's	52384
designee may certify to the director that county board employees	52385
who are required to meet continuing education or professional	52386
training requirements as a condition of renewal of certificates or	52387
evidence of registration have met the requirements. The	52388
superintendent or the superintendent's designee shall maintain in	52389
appropriate personnel files evidence acceptable to the director	52390
that the employees have met the requirements and permit	52391
representatives of the department access to the evidence on	52392
request.	52393

(I) All fees collected pursuant to this section shall be	52394
deposited in the state treasury to the credit of the ~~employee~~	52395
~~certification and registration~~program fee fund~~, which is hereby~~	52396
created under section 5123.033 of the Revised Code. ~~Money credited~~	52397
~~to the fund shall be used solely for the operation of the~~	52398
~~certification and registration program established under this~~	52399
~~section and for providing continuing training to county board~~	52400
~~employees.~~	52401

(J) Employees of entities that contract with county boards of	52402
mental retardation and developmental disabilities to operate	52403
programs and services for individuals with mental retardation and	52404
developmental disabilities are subject to the certification and	52405
registration requirements established under section 5123.082 of	52406
the Revised Code.	52407

Sec. 5126.40. (A) Sections 5126.40 to 5126.47 of the Revised	52408
Code do not apply to medicaid-funded supported living.	52409

(B) As used in ~~this section and~~ sections ~~5126.41~~5126.40 to	52410
5126.47 of the Revised Code, "provider" means a person or	52411
government entity certified by the ~~department~~director of mental	52412
retardation and developmental disabilities to provide supported	52413
living for individuals with mental retardation and developmental	52414
disabilities.	52415

~~(B) This division is in effect until July 1, 1995. By~~	52416
~~adoption of a resolution by affirmative vote of a majority of its~~	52417
~~members, a county board of mental retardation and developmental~~	52418
~~disabilities shall have authority to plan and develop supported~~	52419
~~living for individuals with mental retardation and developmental~~	52420
~~disabilities who are residents of the county and, as provided in~~	52421
~~sections 5126.41 to 5126.47 of the Revised Code, contract with~~	52422
~~providers and enter into shared funding arrangements. The board's~~	52423
~~authority under this division is effective on the department's~~	52424
~~receipt of the resolution.~~	52425

(C) On and after July 1, 1995, each county board shall plan	52426
and develop supported living for individuals with mental	52427
retardation and developmental disabilities who are residents of	52428
the county in accordance with sections 5126.41 to 5126.47 of the	52429
Revised Code.	52430

Sec. 5126.42. (A) A county board of mental retardation and	52431
developmental disabilities shall establish an advisory council	52432
composed of board members or employees of the board, providers,	52433
individuals receiving supported living, and advocates for	52434
individuals receiving supported living to provide on-going	52435
communication among all persons concerned with supported living.	52436

(B) The board shall develop procedures for the resolution of	52437
grievances between the board and providers or between the board	52438
and an entity with which it has a shared funding agreement.	52439

(C) The board shall develop and implement a provider	52440
selection system. Each system shall enable an individual to choose	52441
to continue receiving supported living from the same providers, to	52442
select additional providers, or to choose alternative providers.	52443
Annually, the board shall review its provider selection system to	52444
determine whether it has been implemented in a manner that allows	52445
individuals fair and equitable access to providers.	52446

In developing a provider selection system, the county board	52447
shall create a pool of providers for individuals to use in	52448
choosing their providers of supported living. The pool shall be	52449
created by placing in the pool all providers on record with the	52450
board or by placing in the pool all providers approved by the	52451
board through soliciting requests for proposals for supported	52452
living contracts. In either case, only providers that are	52453
certified by the ~~department~~director of mental retardation and	52454
developmental disabilities ~~and in compliance with the quality~~	52455
~~assurance standards established in rules adopted by the department~~	52456
may be placed in the pool.	52457

If the board places all providers on record in the pool, the	52458
board shall review the pool at least annually to determine whether	52459
each provider has continued interest in being a provider and has	52460
maintained its certification by the department. At any time, an	52461
interested and certified provider may make a request to the board	52462
that it be added to the pool, and the board shall add the provider	52463
to the pool not later than seven days after receiving the request.	52464

If the board solicits requests for proposals for inclusion of	52465
providers in the pool, the board shall develop standards for	52466
selecting the providers to be included. Requests for proposals	52467
shall be solicited at least annually. When requests are solicited,	52468
the board shall cause legal notices to be published at least once	52469
each week for two consecutive weeks in a newspaper with general	52470
circulation within the county. The board's formal request for	52471
proposals shall include a description of any applicable contract	52472
terms, the standards that are used to select providers for	52473
inclusion in the pool, and the process the board uses to resolve	52474
disputes arising from the selection process. The board shall	52475
accept requests from any entity interested in being a provider of	52476
supported living for individuals served by the board. Requests	52477
shall be approved or denied according to the standards developed	52478
by the board. Providers that previously have been placed in the	52479
pool are not required to resubmit a request for proposal to be	52480
included in the pool, unless the board's standards have been	52481
changed.	52482

In assisting an individual in choosing a provider, the county	52483
board shall provide the individual with uniform and consistent	52484
information pertaining to each provider in the pool~~, including the~~	52485
~~provider evaluations conducted under section 5126.431 of the~~	52486
~~Revised Code on and after July 1, 1995~~. An individual may choose	52487
to receive supported living from a provider that is not included	52488
in the pool, if the provider is certified by the ~~department~~	52489
director of mental retardation and developmental disabilities ~~and~~	52490
~~in compliance with the quality assurance standards established in~~	52491
~~rules adopted by the department~~.	52492

Sec. 5126.43. (A) After receiving notice from the department	52493
of mental retardation and developmental disabilities of the amount	52494
of state funds to be distributed to it ~~under section 5126.44 of~~	52495
~~the Revised Code~~for planning, developing, contracting for, and	52496
providing supported living, the county board of mental retardation	52497
and developmental disabilities shall arrange for supported living	52498
on behalf of and with the consent of individuals based on their	52499
individual service plans developed under section 5126.41 of the	52500
Revised Code. With the state distribution and any other money	52501
designated by the board for supported living, the board shall	52502
arrange for supported living in one or more of the following ways:	52503

(1) By contracting under section 5126.45 of the Revised Code	52504
with providers selected by the individual to be served;	52505

(2) By entering into shared funding agreements with state	52506
agencies, local public agencies, or political subdivisions at	52507
rates negotiated by the board;	52508

(3) By providing direct payment or vouchers to be used to	52509
purchase supported living, pursuant to a written contract in an	52510
amount determined by the board, to the individual or a person	52511
providing the individual with protective services as defined in	52512
section 5123.55 of the Revised Code.	52513

(B) ~~When the board contracts for supported living on behalf~~	52514
~~of an individual, the~~The board may ~~contract~~arrange for supported	52515
living only with providers that are certified by the ~~department~~	52516
director of mental retardation and developmental disabilities ~~and~~	52517
~~are in compliance with the quality assurance standards established~~	52518
~~in rules adopted by the department. The contract terms shall be as~~	52519
~~provided in section 5126.45 of the Revised Code~~.	52520

When no certified provider is willing and able to provide	52521
supported living for an individual in accordance with the terms of	52522
the individual service plan for that individual, a county board	52523
may provide supported living directly, if it ~~complies with~~	52524
~~certification and quality assurance standards established by the~~	52525
~~department~~is certified by the director of mental retardation and	52526
developmental disabilities to provide supported living.	52527

A county board may, for a period not to exceed ninety days,	52528
contract for or provide supported living without meeting the	52529
requirements of this section for an individual it determines to be	52530
in emergency need of supported living. Thereafter, the individual	52531
shall choose providers in accordance with sections 5126.41 and	52532
5126.42 of the Revised Code.	52533

Sec. 5126.45. (A) A contract between a county board of	52534
mental retardation and developmental disabilities and a provider	52535
of supported living shall be in writing and shall be based on the	52536
individual service plan developed by the individual under section	52537
5126.41 of the Revised Code. The plan may be submitted as an	52538
addendum to the contract. An individual receiving services	52539
pursuant to a contract shall be considered a third-party	52540
beneficiary to the contract.	52541

~~The board shall not contract with a provider to provide a~~	52542
~~residence to a person to whom the provider is providing other~~	52543
~~supported living services, unless one of the following applies:~~	52544

~~(1) The provider is under contract with the board for both~~	52545
~~residence and services on July 17, 1990, and the contract is being~~	52546
~~renewed.~~	52547

~~(2) The provider has a contract being transferred from the~~	52548
~~state to the county board under section 5126.451 of the Revised~~	52549
~~Code and the contract is being renewed.~~	52550

~~(3) The provider lives in the residence and provides services~~	52551
~~to not more than three persons who reside in the residence at any~~	52552
~~one time.~~	52553

~~(4) The provider is an association of family members related~~	52554
~~to two or more of the persons who reside in the residence and~~	52555
~~provides services to not more than four persons who reside in the~~	52556
~~residence at any one time.~~	52557

(B) The contract shall be negotiated between the provider and	52558
the county board. The terms of the contract shall include at least	52559
the following:	52560

(1) The contract period and conditions for renewal;

52561

(2) The services to be provided pursuant to the individual	52562
service plan;	52563

(3) The rights and responsibilities of all parties to the	52564
contract;	52565

(4) The methods that will be used to evaluate the services	52566
delivered by the provider;	52567

(5) Procedures for contract modification that ensure all	52568
parties affected by the modification are involved and agree;	52569

(6) A process for resolving conflicts between individuals	52570
receiving services, the county board, and the provider, as	52571
applicable;	52572

(7) Procedures for the retention of applicable records;

52573

(8) Provisions for contract termination by any party involved	52574
that include requirements for an appropriate notice of intent to	52575
terminate the contract;	52576

(9) Methods to be used to document services provided;

52577

(10) Procedures for submitting reports required by the county	52578
board as a condition of receiving payment under the contract;	52579

(11) The method and schedule the board will use to make	52580
payments to the provider and whether periodic payment adjustments	52581
will be made to the provider;	52582

(12) Provisions for conducting fiscal reconciliations for	52583
payments made through methods other than a fee-for-service	52584
arrangement.	52585

(C) Payments to the provider under a supported living	52586
contract must be determined by the board to be reasonable in	52587
accordance with policies and procedures developed by the board.	52588
Goods or services provided without charge to the provider shall	52589
not be included as expenditures of the provider.	52590

(D) The board shall establish procedures for reconciling	52591
expenditures and payments, other than those made under a	52592
fee-for-service arrangement, for the prior contract year when a	52593
contract is not renewed and shall reconcile expenditures and	52594
payments in accordance with these procedures.	52595

(E) A provider or an entity with which the board has entered	52596
into a shared funding agreement may appeal a negotiated contract	52597
or proposed shared funding rate to the county board using the	52598
procedures established by the board under section 5126.42 of the	52599
Revised Code.	52600

Sec. 5126.47. A county board of mental retardation and	52601
developmental disabilities ~~that has adopted a resolution under~~	52602
~~section 5126.40 of the Revised Code~~ may, pursuant to a resolution	52603
adopted by an affirmative vote of the majority of its members,	52604
establish, by agreement with one or more other county boards of	52605
mental retardation and developmental disabilities, a residential	52606
services consortium to jointly provide residential services and	52607
supported living. The agreement shall designate one board to	52608
assume the fiscal responsibilities for the consortium. The county	52609
auditor of the designated county shall establish a community	52610
mental retardation and developmental disabilities residential	52611
services fund for the consortium. Each board that is a member of	52612
the consortium shall cause to be deposited in the fund ~~all moneys~~	52613
~~distributed to it by the department of mental retardation and~~	52614
~~developmental disabilities under section 5126.44 of the Revised~~	52615
~~Code and~~ any ~~other~~ state or federal money received for community	52616
residential services the county board has agreed to contribute to	52617
the consortium.	52618

Sec. 5139.43. (A) The department of youth services shall	52619
operate a felony delinquent care and custody program that shall be	52620
operated in accordance with the formula developed pursuant to	52621
section 5139.41 of the Revised Code, subject to the conditions	52622
specified in this section.	52623

(B)(1) Each juvenile court shall use the moneys disbursed to	52624
it by the department of youth services pursuant to division (B) of	52625
section 5139.41 of the Revised Code in accordance with the	52626
applicable provisions of division (B)(2) of this section and shall	52627
transmit the moneys to the county treasurer for deposit in	52628
accordance with this division. The county treasurer shall create	52629
in the county treasury a fund that shall be known as the felony	52630
delinquent care and custody fund and shall deposit in that fund	52631
the moneys disbursed to the juvenile court pursuant to division	52632
(B) of section 5139.41 of the Revised Code. The county treasurer	52633
also shall deposit into that fund the state subsidy funds granted	52634
to the county pursuant to section 5139.34 of the Revised Code. The	52635
moneys disbursed to the juvenile court pursuant to division (B) of	52636
section 5139.41 of the Revised Code and deposited pursuant to this	52637
division in the felony delinquent care and custody fund shall not	52638
be commingled with any other county funds except state subsidy	52639
funds granted to the county pursuant to section 5139.34 of the	52640
Revised Code; shall not be used for any capital construction	52641
projects; upon an order of the juvenile court and subject to	52642
appropriation by the board of county commissioners, shall be	52643
disbursed to the juvenile court for use in accordance with the	52644
applicable provisions of division (B)(2) of this section; shall	52645
not revert to the county general fund at the end of any fiscal	52646
year; and shall carry over in the felony delinquent care and	52647
custody fund from the end of any fiscal year to the next fiscal	52648
year. At the end of each fiscal year, beginning June 30, 2008, the	52649
balance in the felony delinquent care and custody fund in any	52650
county shall not exceed the total moneys allocated to the county	52651
pursuant to sections 5139.34 and 5139.41 of the Revised Code	52652
during the previous fiscal year, unless that county has applied	52653
for and been granted an exemption by the director of youth	52654
services. The department shall withhold from future payments to a	52655
county an amount equal to any moneys in the felony delinquent care	52656
and custody fund of the county that exceed the total moneys	52657
allocated pursuant to those sections to the county during the	52658
preceding fiscal year and shall reallocate the withheld amount.	52659
The department shall adopt rules for the withholding and	52660
reallocation of moneys disbursed under sections 5139.34 and	52661
5139.41 of the Revised Code and for the criteria and process for a	52662
county to obtain an exemption from the withholding requirement.	52663
The moneys disbursed to the juvenile court pursuant to division	52664
(B) of section 5139.41 of the Revised Code and deposited pursuant	52665
to this division in the felony delinquent care and custody fund	52666
shall be in addition to, and shall not be used to reduce, any	52667
usual annual increase in county funding that the juvenile court is	52668
eligible to receive or the current level of county funding of the	52669
juvenile court and of any programs or services for delinquent	52670
children, unruly children, or juvenile traffic offenders.	52671

(2)(a) A county and the juvenile court that serves the county	52672
shall use the moneys in its felony delinquent care and custody	52673
fund in accordance with rules that the department of youth	52674
services adopts pursuant to division (D) of section 5139.04 of the	52675
Revised Code and as follows:	52676

(i) The moneys in the fund that represent state subsidy funds	52677
granted to the county pursuant to section 5139.34 of the Revised	52678
Code shall be used to aid in the support of prevention, early	52679
intervention, diversion, treatment, and rehabilitation programs	52680
that are provided for alleged or adjudicated unruly children or	52681
delinquent children or for children who are at risk of becoming	52682
unruly children or delinquent children. The county shall not use	52683
for capital improvements more than fifteen per cent of the moneys	52684
in the fund that represent the applicable annual grant of those	52685
state subsidy funds.	52686

(ii) The moneys in the fund that were disbursed to the	52687
juvenile court pursuant to division (B) of section 5139.41 of the	52688
Revised Code and deposited pursuant to division (B)(1) of this	52689
section in the fund shall be used to provide programs and services	52690
for the training, treatment, or rehabilitation of felony	52691
delinquents that are alternatives to their commitment to the	52692
department, including, but not limited to, community residential	52693
programs, day treatment centers, services within the home, and	52694
electronic monitoring, and shall be used in connection with	52695
training, treatment, rehabilitation, early intervention, or other	52696
programs or services for any delinquent child, unruly child, or	52697
juvenile traffic offender who is under the jurisdiction of the	52698
juvenile court.	52699

The fund also may be used for prevention, early intervention,	52700
diversion, treatment, and rehabilitation programs that are	52701
provided for alleged or adjudicated unruly children, delinquent	52702
children, or juvenile traffic offenders or for children who are at	52703
risk of becoming unruly children, delinquent children, or juvenile	52704
traffic offenders. Consistent with division (B)(1) of this	52705
section, a county and the juvenile court of a county shall not use	52706
any of those moneys for capital construction projects.	52707

(iii) The county and the juvenile court that serves the	52708
county may not use moneys in the fund for the provision of care	52709
and services for children, including, but not limited to, care and	52710
services in a detention facility, in another facility, or in	52711
out-of-home placement, unless the minimum standards that apply to	52712
the care and services and that the department prescribes in rules	52713
adopted pursuant to division (D) of section 5139.04 of the Revised	52714
Code have been satisfied.	52715

(b) Each juvenile court shall comply with division (B)(3)(d)	52716
of this section as implemented by the department.	52717

(3) In accordance with rules adopted by the department	52718
pursuant to division (D) of section 5139.04 of the Revised Code,	52719
each juvenile court and the county served by that juvenile court	52720
shall do all of the following that apply:	52721

(a) The juvenile court shall prepare an annual grant	52722
agreement and application for funding that satisfies the	52723
requirements of this section and section 5139.34 of the Revised	52724
Code and that pertains to the use, upon an order of the juvenile	52725
court and subject to appropriation by the board of county	52726
commissioners, of the moneys in its felony delinquent care and	52727
custody fund for specified programs, care, and services as	52728
described in division (B)(2)(a) of this section, shall submit that	52729
agreement and application to the county family and children first	52730
council, the regional family and children first council, or the	52731
local intersystem services to children cluster as described in	52732
sections 121.37 and 121.38 of the Revised Code, whichever is	52733
applicable, and shall file that agreement and application with the	52734
department for its approval. The annual grant agreement and	52735
application for funding shall include a method of ensuring equal	52736
access for minority youth to the programs, care, and services	52737
specified in it.	52738

The department may approve an annual grant agreement and	52739
application for funding only if the juvenile court involved has	52740
complied with the preparation, submission, and filing requirements	52741
described in division (B)(3)(a) of this section. If the juvenile	52742
court complies with those requirements and the department approves	52743
that agreement and application, the juvenile court and the county	52744
served by the juvenile court may expend the state subsidy funds	52745
granted to the county pursuant to section 5139.34 of the Revised	52746
Code only in accordance with division (B)(2)(a) of this section,	52747
the rules pertaining to state subsidy funds that the department	52748
adopts pursuant to division (D) of section 5139.04 of the Revised	52749
Code, and the approved agreement and application.	52750

(b) By the thirty-first day of August of each year, the	52751
juvenile court shall file with the department a report that	52752
contains all of the statistical and other information for each	52753
month of the prior state fiscal year. If the juvenile court fails	52754
to file the report required by division (B)(3)(b) of this section	52755
by the thirty-first day of August of any year, the department	52756
shall not disburse any payment of state subsidy funds to which the	52757
county otherwise is entitled pursuant to section 5139.34 of the	52758
Revised Code and shall not disburse pursuant to division (B) of	52759
section 5139.41 of the Revised Code the applicable allocation	52760
until the juvenile court fully complies with division (B)(3)(b) of	52761
this section.	52762

(c) If the department requires the juvenile court to prepare	52763
monthly statistical reports and to submit the reports on forms	52764
provided by the department, the juvenile court shall file those	52765
reports with the department on the forms so provided. If the	52766
juvenile court fails to prepare and submit those monthly	52767
statistical reports within the department's timelines, the	52768
department shall not disburse any payment of state subsidy funds	52769
to which the county otherwise is entitled pursuant to section	52770
5139.34 of the Revised Code and shall not disburse pursuant to	52771
division (B) of section 5139.41 of the Revised Code the applicable	52772
allocation until the juvenile court fully complies with division	52773
(B)(3)(c) of this section. If the juvenile court fails to prepare	52774
and submit those monthly statistical reports within one hundred	52775
eighty days of the date the department establishes for their	52776
submission, the department shall not disburse any payment of state	52777
subsidy funds to which the county otherwise is entitled pursuant	52778
to section 5139.34 of the Revised Code and shall not disburse	52779
pursuant to division (B) of section 5139.41 of the Revised Code	52780
the applicable allocation, and the state subsidy funds and the	52781
remainder of the applicable allocation shall revert to the	52782
department. If a juvenile court states in a monthly statistical	52783
report that the juvenile court adjudicated within a state fiscal	52784
year five hundred or more children to be delinquent children for	52785
committing acts that would be felonies if committed by adults and	52786
if the department determines that the data in the report may be	52787
inaccurate, the juvenile court shall have an independent auditor	52788
or other qualified entity certify the accuracy of the data on a	52789
date determined by the department.	52790

(d) If the department requires the juvenile court and the	52791
county to participate in a fiscal monitoring program or another	52792
monitoring program that is conducted by the department to ensure	52793
compliance by the juvenile court and the county with division (B)	52794
of this section, the juvenile court and the county shall	52795
participate in the program and fully comply with any guidelines	52796
for the performance of audits adopted by the department pursuant	52797
to that program and all requests made by the department pursuant	52798
to that program for information necessary to reconcile fiscal	52799
accounting. If an audit that is performed pursuant to a fiscal	52800
monitoring program or another monitoring program described in this	52801
division determines that the juvenile court or the county used	52802
moneys in the county's felony delinquent care and custody fund for	52803
expenses that are not authorized under division (B) of this	52804
section, within forty-five days after the department notifies the	52805
county of the unauthorized expenditures, the county either shall	52806
repay the amount of the unauthorized expenditures from the county	52807
general revenue fund to the state's general revenue fund or shall	52808
file a written appeal with the department. If an appeal is timely	52809
filed, the director of the department shall render a decision on	52810
the appeal and shall notify the appellant county or its juvenile	52811
court of that decision within forty-five days after the date that	52812
the appeal is filed. If the director denies an appeal, the	52813
county's fiscal agent shall repay the amount of the unauthorized	52814
expenditures from the county general revenue fund to the state's	52815
general revenue fund within thirty days after receiving the	52816
director's notification of the appeal decision. If the county	52817
fails to make the repayment within that thirty-day period and if	52818
the unauthorized expenditures pertain to moneys allocated under	52819
sections 5139.41 to 5139.43 of the Revised Code, the department	52820
shall deduct the amount of the unauthorized expenditures from the	52821
next allocation of those moneys to the county in accordance with	52822
this section or from the allocations that otherwise would be made	52823
under those sections to the county during the next state fiscal	52824
year in accordance with this section and shall return that	52825
deducted amount to the state's general revenue fund. If the county	52826
fails to make the repayment within that thirty-day period and if	52827
the unauthorized expenditures pertain to moneys granted pursuant	52828
to section 5139.34 of the Revised Code, the department shall	52829
deduct the amount of the unauthorized expenditures from the next	52830
annual grant to the county pursuant to that section and shall	52831
return that deducted amount to the state's general revenue fund.	52832

(C) The determination of which county a reduction of the	52833
care and custody allocation will be charged against for a	52834
particular youth shall be made as outlined below for all youths	52835
who do not qualify as public safety beds. The determination of	52836
which county a reduction of the care and custody allocation will	52837
be charged against shall be made as follows until each youth is	52838
released:	52839

(1) In the event of a commitment, the reduction shall be	52840
charged against the committing county.	52841

(2) In the event of a recommitment, the reduction shall be	52842
charged against the original committing county until the	52843
expiration of the minimum period of institutionalization under the	52844
original order of commitment or until the date on which the youth	52845
is admitted to the department of youth services pursuant to the	52846
order of recommitment, whichever is later. Reductions of the	52847
allocation shall be charged against the county that recommitted	52848
the youth after the minimum expiration date of the original	52849
commitment.	52850

(3) In the event of a revocation of a release on parole, the	52851
reduction shall be charged against the county that revokes the	52852
youth's parole.	52853

(D) A juvenile court is not precluded by its allocation	52854
amount for the care and custody of felony delinquents from	52855
committing a felony delinquent to the department of youth services	52856
for care and custody in an institution or a community corrections	52857
facility when the juvenile court determines that the commitment is	52858
appropriate.	52859

Sec. 5302.221. (A) As used in this section:

52860

"Estate" has the same meaning as in section 5111.11 of the	52861
Revised Code.	52862

"Medicaid estate recovery program" means the program	52863
instituted under section 5111.11 of the Revised Code.	52864

(B) The administrator of the medicaid estate recovery program	52865
shall prescribe a form on which a beneficiary of a transfer on	52866
death deed as provided in section 5302.22 of the Revised Code, who	52867
survives the deceased owner of the real property or an interest in	52868
the real property or that is in existence on the date of death of	52869
the deceased owner, or such a beneficiary's representative is to	52870
indicate both of the following:	52871

(1) Whether the deceased owner was either of the following:

52872

(a) A decedent subject to the medicaid estate recovery	52873
program;	52874

(b) The spouse of a decedent subject to the medicaid estate	52875
recovery program.	52876

(2) Whether the real property or interest in the real	52877
property was part of the estate of a decedent subject to the	52878
medicaid estate recovery program.	52879

(C) A county recorder shall obtain a properly completed form	52880
prescribed under division (B) of this section from the beneficiary	52881
of a transfer on death deed or the beneficiary's representative	52882
and send a copy of the form to the administrator of the medicaid	52883
estate recovery program before recording the transfer of the real	52884
property or interest in the real property under division (C) of	52885
section 5302.22 of the Revised Code.	52886

Sec. 5309.082. (A) As used in this section:

52887

"Estate" has the same meaning as in section 5111.11 of the	52888
Revised Code.	52889

"Medicaid estate recovery program" means the program	52890
instituted under section 5111.11 of the Revised Code.	52891

(B) The administrator of the medicaid estate recovery program	52892
shall prescribe a form on which a surviving tenant under a	52893
survivorship tenancy or such a surviving tenant's representative	52894
is to indicate both of the following:	52895

(1) Whether the deceased survivorship tenant was either of	52896
the following:	52897

(a) A decedent subject to the medicaid estate recovery	52898
program;	52899

(b) The spouse of a decedent subject to the medicaid estate	52900
recovery program.	52901

(2) Whether the registered land under a survivorship tenancy	52902
was part of the estate of a decedent subject to the medicaid	52903
estate recovery program.	52904

(C) A county recorder shall obtain a properly completed form	52905
prescribed under division (B) of this section from the surviving	52906
tenant under a survivorship tenancy or the surviving tenant's	52907
representative and send a copy of the form to the administrator of	52908
the medicaid estate recovery program before registering the title	52909
in the surviving tenants under section 5309.081 of the Revised	52910
Code.	52911

Sec. 5323.01. As used in this chapter:

52912

(A) "Hotel" has the same meaning as in section 3731.01 of the	52913
Revised Code.	52914

(B) "Manufactured home" has the same meaning as in section	52915
3781.06 of the Revised Code.	52916

(C) "Mobile home" and "recreational vehicle" have the same	52917
meanings as in section 4501.01 of the Revised Code.	52918

(D) "Political subdivision" means a county,that has a	52919
population of more than two hundred thousand according to the most	52920
recent decennial census or a township, municipal corporation, or	52921
other body corporate and politic that is located in a county that	52922
has a population of more than two hundred thousand according to	52923
the most recent decennial census and is responsible for government	52924
activities in a geographic area smaller than that of the state.	52925

(E) "Residential rental property" means real property that is	52926
located in a county that has a population of more than two hundred	52927
thousand according to the most recent decennial census and on	52928
which is located one or more dwelling units leased or otherwise	52929
rented to tenants solely for residential purposes, or a mobile	52930
home park or other permanent or semipermanent site at which lots	52931
are leased or otherwise rented to tenants for the parking of a	52932
manufactured home, mobile home, or recreational vehicle that is	52933
used solely for residential purposes. "Residential rental	52934
property" does not include a hotel or a college or university	52935
dormitory.	52936

Sec. 5323.02. (A) An owner of residential rental property	52937
shall file with the county auditor of the county in which the	52938
property is located the following information:	52939

(1) The name, address, and telephone number of the owner;

52940

(2) If the residential rental property is owned by a trust,	52941
business trust, estate, partnership, limited partnership, limited	52942
liability company, association, corporation, or any other business	52943
entity, the name, address, and telephone number of the following:	52944

(a) A trustee, in the case of a trust or business trust;

52945

(b) The executor or administrator, in the case of an estate;

52946

(c) A general partner, in the case of a partnership or a	52947
limited partnership;	52948

(d) A member, manager, or officer, in the case of a limited	52949
liability company;	52950

(e) An associate, in the case of an association;

52951

(f) An officer, in the case of a corporation;

52952

(g) A member, manager, or officer, in the case of any other	52953
business entity.	52954

(3) The street address and permanent parcel number of the	52955
residential rental property;	52956

~~(4) If the residential rental property has dwelling units~~	52957
~~that are leased or otherwise rented to tenants, the year the units~~	52958
~~were built~~.	52959

(B) The information required under division (A) of this	52960
section shall be filed and maintained ~~in a manner to be determined~~	52961
~~by the county auditor~~on the tax list or the real property record.	52962

(C) An owner of residential rental property shall update the	52963
information required under division (A) of this section within ~~ten~~	52964
sixty days after any change in the information occurs.	52965

(D) The county auditor shall provide an owner of residential	52966
rental property located in a county that has a population of more	52967
than two hundred thousand according to the most recent decennial	52968
census with notice pursuant to division (B) of section 323.131 of	52969
the Revised Code of the requirement to file the information	52970
required under division (A) of this section and the requirement to	52971
update that information under division (C) of this section.	52972

(E) The owner of residential real property shall comply with	52973
the requirements under divisions (A) and (C) of this section	52974
within sixty days after receiving the notice provided under	52975
division (D) of this section, division (D) of section 319.202, or	52976
division (B) of section 323.131 of the Revised Code.	52977

Sec. 5323.99. No owner of residential rental property shall	52978
fail to comply with the filing or updating of information	52979
requirements of section 5323.02 of the Revised Code or shall fail	52980
to satisfy the designation of agent requirement or the filing of	52981
the appropriate designation of agent document requirement of	52982
section 5323.03 of the Revised Code. ~~Whoever violates this section~~	52983
~~is guilty of a minor misdemeanor~~The county auditor may impose	52984
upon any person who violates this section a special assessment on	52985
the residential rental property that is the subject of the	52986
violation in the amount of one hundred fifty dollars. Such special	52987
assessment may be appealed to the county board of revision.	52988

Sec. 5528.54. (A) The commissioners of the sinking fund are	52989
authorized to issue and sell, as provided in this section and in	52990
amounts from time to time authorized by the general assembly,	52991
general obligations of this state for the purpose of financing or	52992
assisting in the financing of the costs of projects. The full	52993
faith and credit, revenues, and taxing power of the state are and	52994
shall be pledged to the timely payment of bond service charges on	52995
outstanding obligations, all in accordance with Section 2m of	52996
Article VIII, Ohio Constitution, and sections 5528.51 to 5528.53	52997
of the Revised Code, and so long as such obligations are	52998
outstanding there shall be levied and collected excises, taxes,	52999
and other revenues in amounts sufficient to pay the bond service	53000
charges on such obligations and costs relating to credit	53001
enhancement facilities.	53002

(B) Not more than two hundred twenty million dollars	53003
principal amount of obligations, plus the principal amount of	53004
obligations that in any prior fiscal years could have been, but	53005
were not issued within that two-hundred-twenty-million-dollar	53006
fiscal year limit, may be issued in any fiscal year, and not more	53007
~~that~~than one billion two hundred million dollars principal amount	53008
of obligations may be outstanding at any one time, all determined	53009
as provided in sections 5528.51 to 5528.53 of the Revised Code.	53010

(C) The state may participate in financing projects by	53011
grants, loans, or contributions to local government entities.	53012

(D) Each issue of obligations shall be authorized by	53013
resolution of the commissioners. The bond proceedings shall	53014
provide for the principal amount or maximum principal amount of	53015
obligations of an issue, and shall provide for or authorize the	53016
manner for determining the principal maturity or maturities, not	53017
exceeding the earlier of thirty years from the date of issuance of	53018
the particular obligations or thirty years from the date the debt	53019
represented by the particular obligations was originally	53020
contracted, the interest rate or rates, the date of and the dates	53021
of payment of interest on the obligations, their denominations,	53022
and the establishment within or outside the state of a place or	53023
places of payment of bond service charges. Sections 9.96, 9.98,	53024
9.981, 9.982, and 9.983 of the Revised Code are applicable to the	53025
obligations. The purpose of the obligations may be stated in the	53026
bond proceedings as "financing or assisting in the financing of	53027
highway capital improvement projects as provided in Section 2m of	53028
Article VIII, Ohio Constitution."	53029

(E) The proceeds of the obligations, except for any portion	53030
to be deposited into special funds, or into escrow funds for the	53031
purpose of refunding outstanding obligations, all as may be	53032
provided in the bond proceedings, shall be deposited into the	53033
highway capital improvement fund established by section 5528.53 of	53034
the Revised Code.	53035

(F) The commissioners may appoint or provide for the	53036
appointment of paying agents, bond registrars, securities	53037
depositories, and transfer agents, and may retain the services of	53038
financial advisers and accounting experts, and retain or contract	53039
for the services of marketing, remarketing, indexing, and	53040
administrative agents, other consultants, and independent	53041
contractors, including printing services, as are necessary in the	53042
judgment of the commissioners to carry out sections 5528.51 to	53043
5528.53 of the Revised Code. Financing costs are payable, as	53044
provided in the bond proceedings, from the proceeds of the	53045
obligations, from special funds, or from other moneys available	53046
for the purpose.	53047

(G) The bond proceedings, including any trust agreement, may	53048
contain additional provisions customary or appropriate to the	53049
financing or to the obligations or to particular obligations	53050
including, but not limited to:	53051

(1) The redemption of obligations prior to maturity at the	53052
option of the state or of the holder or upon the occurrence of	53053
certain conditions at such price or prices and under such terms	53054
and conditions as are provided in the bond proceedings;	53055

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

53056

(3) The establishment, deposit, investment, and application	53057
of special funds, and the safeguarding of moneys on hand or on	53058
deposit, in lieu of otherwise applicable provisions of Chapter	53059
131. or 135. of the Revised Code, but subject to any special	53060
provisions of this section with respect to particular funds or	53061
moneys, and provided that any bank or trust company that acts as a	53062
depository of any moneys in special funds may furnish such	53063
indemnifying bonds or may pledge such securities as required by	53064
the commissioners;	53065

(4) Any or every provision of the bond proceedings binding	53066
upon the commissioners and such state agency or local government	53067
entities, officer, board, commission, authority, agency,	53068
department, or other person or body as may from time to time have	53069
the authority under law to take such actions as may be necessary	53070
to perform all or any part of the duty required by such provision;	53071

(5) The maintenance of each pledge, any trust agreement, or	53072
other instrument composing part of the bond proceedings until the	53073
state has fully paid or provided for the payment of the bond	53074
service charges on the obligations or met other stated conditions;	53075

(6) In the event of default in any payments required to be	53076
made by the bond proceedings, or any other agreement of the	53077
commissioners made as part of a contract under which the	53078
obligations were issued or secured, the enforcement of such	53079
payments or agreements by mandamus, suit in equity, action at law,	53080
or any combination of the foregoing;	53081

(7) The rights and remedies of the holders of obligations and	53082
of the trustee under any trust agreement, and provisions for	53083
protecting and enforcing them, including limitations on rights of	53084
individual holders of obligations;	53085

(8) The replacement of any obligations that become mutilated	53086
or are destroyed, lost, or stolen;	53087

(9) Provision for the funding, refunding, or advance	53088
refunding or other provision for payment of obligations that will	53089
then no longer be outstanding for purposes of sections 5528.51 to	53090
5528.56 of the Revised Code or of the bond proceedings;	53091

(10) Any provision that may be made in bond proceedings or a	53092
trust agreement, including provision for amendment of the bond	53093
proceedings;	53094

(11) Any other or additional agreements with the holders of	53095
the obligations relating to any of the foregoing;	53096

(12) Such other provisions as the commissioners determine,	53097
including limitations, conditions, or qualifications relating to	53098
any of the foregoing.	53099

(H) The great seal of the state or a facsimile of that seal	53100
may be affixed to or printed on the obligations. The obligations	53101
requiring signatures by the commissioners shall be signed by or	53102
bear the facsimile signatures of two or more of the commissioners	53103
as provided in the bond proceedings. Any obligations may be signed	53104
by the person who, on the date of execution, is the authorized	53105
signer although on the date of such obligations such person was	53106
not a commissioner. In case the individual whose signature or a	53107
facsimile of whose signature appears on any obligation ceases to	53108
be a commissioner before delivery of the obligation, such	53109
signature or facsimile is nevertheless valid and sufficient for	53110
all purposes as if that individual had remained the member until	53111
such delivery, and in case the seal to be affixed to or printed on	53112
obligations has been changed after the seal has been affixed to or	53113
a facsimile of the seal has been printed on the obligations, that	53114
seal or facsimile seal shall continue to be sufficient as to those	53115
obligations and obligations issued in substitution or exchange	53116
therefor.	53117

(I) The obligations are negotiable instruments and securities	53118
under Chapter 1308. of the Revised Code, subject to the provisions	53119
of the bond proceedings as to registration. Obligations may be	53120
issued in coupon or in fully registered form, or both, as the	53121
commissioners determine. Provision may be made for the	53122
registration of any obligations with coupons attached as to	53123
principal alone or as to both principal and interest, their	53124
exchange for obligations so registered, and for the conversion or	53125
reconversion into obligations with coupons attached of any	53126
obligations registered as to both principal and interest, and for	53127
reasonable charges for such registration, exchange, conversion,	53128
and reconversion. Pending preparation of definitive obligations,	53129
the commissioners may issue interim receipts or certificates which	53130
shall be exchanged for such definitive obligations.	53131

(J) Obligations may be sold at public sale or at private	53132
sale, and at such price at, above, or below par, as determined by	53133
the commissioners in the bond proceedings.	53134

(K) In the discretion of the commissioners, obligations may	53135
be secured additionally by a trust agreement between the state and	53136
a corporate trustee which may be any trust company or bank having	53137
~~its principal~~a place of business within the state. Any trust	53138
agreement may contain the resolution authorizing the issuance of	53139
the obligations, any provisions that may be contained in the bond	53140
proceedings, and other provisions that are customary or	53141
appropriate in an agreement of the type.	53142

(L) Except to the extent that their rights are restricted by	53143
the bond proceedings, any holder of obligations, or a trustee	53144
under the bond proceedings may by any suitable form of legal	53145
proceedings protect and enforce any rights under the laws of this	53146
state or granted by the bond proceedings. Such rights include the	53147
right to compel the performance of all duties of the commissioners	53148
and the state. Each duty of the commissioners and its employees,	53149
and of each state agency and local government entity and its	53150
officers, members, or employees, undertaken pursuant to the bond	53151
proceedings, is hereby established as a duty of the commissioners,	53152
and of each such agency, local government entity, officer, member,	53153
or employee having authority to perform such duty, specifically	53154
enjoined by the law and resulting from an office, trust, or	53155
station within the meaning of section 2731.01 of the Revised Code.	53156
The persons who are at the time the commissioners of the sinking	53157
fund, or its employees, are not liable in their personal	53158
capacities on any obligations or any agreements of or with the	53159
commissioners relating to obligations or under the bond	53160
proceedings.	53161

(M) Obligations are lawful investments for banks, societies	53162
for savings, savings and loan associations, deposit guarantee	53163
associations, trust companies, trustees, fiduciaries, insurance	53164
companies, including domestic for life and domestic not for life,	53165
trustees or other officers having charge of sinking and bond	53166
retirement or other special funds of political subdivisions and	53167
taxing districts of this state, the commissioners of the sinking	53168
fund, the administrator of workers' compensation, subject to the	53169
approval of the workers' compensation board and the industrial	53170
commission, the state teachers retirement system, the public	53171
employees retirement system, the school employees retirement	53172
system, and the Ohio police and fire pension fund, notwithstanding	53173
any other provisions of the Revised Code or rules adopted pursuant	53174
thereto by any state agency with respect to investments by them,	53175
and are also acceptable as security for the deposit of public	53176
moneys.	53177

(N) Unless otherwise provided in any applicable bond	53178
proceedings, moneys to the credit of or in the special funds	53179
established by or pursuant to this section may be invested by or	53180
on behalf of the commissioners only in notes, bonds, or other	53181
direct obligations of the United States or of any agency or	53182
instrumentality thereof, in obligations of this state or any	53183
political subdivision of this state, in certificates of deposit of	53184
any national bank located in this state and any bank, as defined	53185
in section 1101.01 of the Revised Code, subject to inspection by	53186
the superintendent of financial institutions, in the Ohio	53187
subdivision's fund established pursuant to section 135.45 of the	53188
Revised Code, in no-front-end-load money market mutual funds	53189
consisting exclusively of direct obligations of the United States	53190
or of an agency or instrumentality thereof, and in repurchase	53191
agreements, including those issued by any fiduciary, secured by	53192
direct obligations of the United States or an agency or	53193
instrumentality thereof, and in common trust funds established in	53194
accordance with section 1109.20 of the Revised Code and consisting	53195
exclusively of direct obligations of the United States or of an	53196
agency or instrumentality thereof, notwithstanding division (A)(4)	53197
of that section. The income from investments shall be credited to	53198
such special funds or otherwise as the commissioners determine in	53199
the bond proceedings, and the investments may be sold or exchanged	53200
at such times as the commissioners determine or authorize.	53201

(O) Unless otherwise provided in any applicable bond	53202
proceedings, moneys to the credit of or in a special fund shall be	53203
disbursed on the order of the commissioners, provided that no such	53204
order is required for the payment from the bond service fund or	53205
other special fund when due of bond service charges or required	53206
payments under credit enhancement facilities.	53207

(P) The commissioners may covenant in the bond proceedings,	53208
and any such covenants shall be controlling notwithstanding any	53209
other provision of law, that the state and the applicable officers	53210
and agencies of the state, including the general assembly, shall,	53211
so long as any obligations are outstanding in accordance with	53212
their terms, maintain statutory authority for and cause to be	53213
charged and collected taxes, excises, and other receipts of the	53214
state so that the receipts to the bond service fund shall be	53215
sufficient in amounts to meet bond service charges and for the	53216
establishment and maintenance of any reserves and other	53217
requirements, including payment of financing costs, provided for	53218
in the bond proceedings.	53219

(Q) The obligations, and the transfer of, and the interest,	53220
interest equivalent, and other income and accreted amounts from,	53221
including any profit made on the sale, exchange, or other	53222
disposition of, the obligations shall at all times be free from	53223
taxation, direct or indirect, within the state.	53224

(R) This section applies only with respect to obligations	53225
issued and delivered prior to September 30, 2000.	53226

Sec. 5531.10. (A) As used in this chapter:

53227

(1) "Bond proceedings" means the resolution, order, trust	53228
agreement, indenture, lease, lease-purchase agreements, and other	53229
agreements, amendments and supplements to the foregoing, or any	53230
one or more or combination thereof, authorizing or providing for	53231
the terms and conditions applicable to, or providing for the	53232
security or liquidity of, obligations issued pursuant to this	53233
section, and the provisions contained in such obligations.	53234

(2) "Bond service charges" means principal, including	53235
mandatory sinking fund requirements for retirement of obligations,	53236
and interest, and redemption premium, if any, required to be paid	53237
by the state on obligations.	53238

(3) "Bond service fund" means the applicable fund and	53239
accounts therein created for and pledged to the payment of bond	53240
service charges, which may be, or may be part of, the state	53241
infrastructure bank revenue bond service fund created by division	53242
(R) of this section including all moneys and investments, and	53243
earnings from investments, credited and to be credited thereto.	53244

(4) "Issuing authority" means the treasurer of state, or the	53245
officer who by law performs the functions of the treasurer of	53246
state.	53247

(5) "Obligations" means bonds, notes, or other evidence of	53248
obligation including interest coupons pertaining thereto, issued	53249
pursuant to this section.	53250

(6) "Pledged receipts" means moneys accruing to the state	53251
from the lease, lease-purchase, sale, or other disposition, or	53252
use, of qualified projects, and from the repayment, including	53253
interest, of loans made from proceeds received from the sale of	53254
obligations; accrued interest received from the sale of	53255
obligations; income from the investment of the special funds; any	53256
gifts, grants, donations, and pledges, and receipts therefrom,	53257
available for the payment of bond service charges; and any amounts	53258
in the state infrastructure bank pledged to the payment of such	53259
charges. If the amounts in the state infrastructure bank are	53260
insufficient for the payment of such charges, "pledged receipts"	53261
also means moneys that are apportioned by the United States	53262
secretary of transportation under United States Code, Title XXIII,	53263
as amended, or any successor legislation, or under any other	53264
federal law relating to aid for highways, and that are to be	53265
received as a grant by the state, to the extent the state is not	53266
prohibited by state or federal law from using such moneys and the	53267
moneys are pledged to the payment of such bond service charges.	53268

(7) "Special funds" or "funds" means, except where the	53269
context does not permit, the bond service fund, and any other	53270
funds, including reserve funds, created under the bond	53271
proceedings, and the state infrastructure bank revenue bond	53272
service fund created by division (R) of this section to the extent	53273
provided in the bond proceedings, including all moneys and	53274
investments, and earnings from investment, credited and to be	53275
credited thereto.	53276

(8) "State infrastructure project" means any public	53277
transportation project undertaken by the state, including, but not	53278
limited to, all components of any such project, as described in	53279
division (D) of section 5531.09 of the Revised Code.	53280

(9) "District obligations" means bonds, notes, or other	53281
evidence of obligation including interest coupons pertaining	53282
thereto, issued to finance a qualified project by a transportation	53283
improvement district created pursuant to section 5540.02 of the	53284
Revised Code, of which the principal, including mandatory sinking	53285
fund requirements for retirement of such obligations, and interest	53286
and redemption premium, if any, are payable by the department of	53287
transportation.	53288

(B) The issuing authority, after giving written notice to the	53289
director of budget and management and upon the certification by	53290
the director of transportation to the issuing authority of the	53291
amount of moneys or additional moneys needed either for state	53292
infrastructure projects or to provide financial assistance for any	53293
of the purposes for which the state infrastructure bank may be	53294
used under section 5531.09 of the Revised Code, or needed for	53295
capitalized interest, funding reserves, and paying costs and	53296
expenses incurred in connection with the issuance, carrying,	53297
securing, paying, redeeming, or retirement of the obligations or	53298
any obligations refunded thereby, including payment of costs and	53299
expenses relating to letters of credit, lines of credit,	53300
insurance, put agreements, standby purchase agreements, indexing,	53301
marketing, remarketing and administrative arrangements, interest	53302
swap or hedging agreements, and any other credit enhancement,	53303
liquidity, remarketing, renewal, or refunding arrangements, all of	53304
which are authorized by this section, shall issue obligations of	53305
the state under this section in the required amount. The proceeds	53306
of such obligations, except for the portion to be deposited in	53307
special funds, including reserve funds, as may be provided in the	53308
bond proceedings, shall as provided in the bond proceedings be	53309
credited to the infrastructure bank obligations fund of the state	53310
infrastructure bank created by section 5531.09 of the Revised Code	53311
and disbursed as provided in the bond proceedings for such	53312
obligations. The issuing authority may appoint trustees, paying	53313
agents, transfer agents, and authenticating agents, and may retain	53314
the services of financial advisors, accounting experts, and	53315
attorneys, and retain or contract for the services of marketing,	53316
remarketing, indexing, and administrative agents, other	53317
consultants, and independent contractors, including printing	53318
services, as are necessary in the issuing authority's judgment to	53319
carry out this section. The costs of such services are payable	53320
from funds of the state infrastructure bank.	53321

(C) The holders or owners of such obligations shall have no	53322
right to have moneys raised by taxation by the state of Ohio	53323
obligated or pledged, and moneys so raised shall not be obligated	53324
or pledged, for the payment of bond service charges. The right of	53325
such holders and owners to the payment of bond service charges is	53326
limited to all or that portion of the pledged receipts and those	53327
special funds pledged thereto pursuant to the bond proceedings for	53328
such obligations in accordance with this section, and each such	53329
obligation shall bear on its face a statement to that effect.	53330
Moneys received as repayment of loans made by the state	53331
infrastructure bank pursuant to section 5531.09 of the Revised	53332
Code shall not be considered moneys raised by taxation by the	53333
state of Ohio regardless of the source of the moneys.	53334

(D) Obligations shall be authorized by order of the issuing	53335
authority and the bond proceedings shall provide for the purpose	53336
thereof and the principal amount or amounts, and shall provide for	53337
or authorize the manner or agency for determining the principal	53338
maturity or maturities, not exceeding twenty-five years from the	53339
date of issuance, the interest rate or rates or the maximum	53340
interest rate, the date of the obligations and the dates of	53341
payment of interest thereon, their denomination, and the	53342
establishment within or without the state of a place or places of	53343
payment of bond service charges. Sections 9.98 to 9.983 of the	53344
Revised Code are applicable to obligations issued under this	53345
section. The purpose of such obligations may be stated in the bond	53346
proceedings in terms describing the general purpose or purposes to	53347
be served. The bond proceedings also shall provide, subject to the	53348
provisions of any other applicable bond proceedings, for the	53349
pledge of all, or such part as the issuing authority may	53350
determine, of the pledged receipts and the applicable special fund	53351
or funds to the payment of bond service charges, which pledges may	53352
be made either prior or subordinate to other expenses, claims, or	53353
payments, and may be made to secure the obligations on a parity	53354
with obligations theretofore or thereafter issued, if and to the	53355
extent provided in the bond proceedings. The pledged receipts and	53356
special funds so pledged and thereafter received by the state	53357
immediately are subject to the lien of such pledge without any	53358
physical delivery thereof or further act, and the lien of any such	53359
pledges is valid and binding against all parties having claims of	53360
any kind against the state or any governmental agency of the	53361
state, irrespective of whether such parties have notice thereof,	53362
and shall create a perfected security interest for all purposes of	53363
Chapter 1309. of the Revised Code, without the necessity for	53364
separation or delivery of funds or for the filing or recording of	53365
the bond proceedings by which such pledge is created or any	53366
certificate, statement, or other document with respect thereto;	53367
and the pledge of such pledged receipts and special funds is	53368
effective and the money therefrom and thereof may be applied to	53369
the purposes for which pledged without necessity for any act of	53370
appropriation. Every pledge, and every covenant and agreement	53371
made with respect thereto, made in the bond proceedings may	53372
therein be extended to the benefit of the owners and holders of	53373
obligations authorized by this section, and to any trustee	53374
therefor, for the further security of the payment of the bond	53375
service charges.	53376

(E) The bond proceedings may contain additional provisions as	53377
to:	53378

(1) The redemption of obligations prior to maturity at the	53379
option of the issuing authority at such price or prices and under	53380
such terms and conditions as are provided in the bond proceedings;	53381

(2) Other terms of the obligations;

53382

(3) Limitations on the issuance of additional obligations;

53383

(4) The terms of any trust agreement or indenture securing	53384
the obligations or under which the same may be issued;	53385

(5) The deposit, investment, and application of special	53386
funds, and the safeguarding of moneys on hand or on deposit,	53387
without regard to Chapter 131. or 135. of the Revised Code, but	53388
subject to any special provisions of this section with respect to	53389
particular funds or moneys, provided that any bank or trust	53390
company which acts as depository of any moneys in the special	53391
funds may furnish such indemnifying bonds or may pledge such	53392
securities as required by the issuing authority;	53393

(6) Any or every provision of the bond proceedings being	53394
binding upon such officer, board, commission, authority, agency,	53395
department, or other person or body as may from time to time have	53396
the authority under law to take such actions as may be necessary	53397
to perform all or any part of the duty required by such provision;	53398

(7) Any provision that may be made in a trust agreement or	53399
indenture;	53400

(8) Any other or additional agreements with the holders of	53401
the obligations, or the trustee therefor, relating to the	53402
obligations or the security therefor, including the assignment of	53403
mortgages or other security relating to financial assistance for	53404
qualified projects under section 5531.09 of the Revised Code.	53405

(F) The obligations may have the great seal of the state or a	53406
facsimile thereof affixed thereto or printed thereon. The	53407
obligations and any coupons pertaining to obligations shall be	53408
signed or bear the facsimile signature of the issuing authority.	53409
Any obligations or coupons may be executed by the person who, on	53410
the date of execution, is the proper issuing authority although on	53411
the date of such bonds or coupons such person was not the issuing	53412
authority. In case the issuing authority whose signature or a	53413
facsimile of whose signature appears on any such obligation or	53414
coupon ceases to be the issuing authority before delivery thereof,	53415
such signature or facsimile nevertheless is valid and sufficient	53416
for all purposes as if the former issuing authority had remained	53417
the issuing authority until such delivery; and in case the seal to	53418
be affixed to obligations has been changed after a facsimile of	53419
the seal has been imprinted on such obligations, such facsimile	53420
seal shall continue to be sufficient as to such obligations and	53421
obligations issued in substitution or exchange therefor.	53422

(G) All obligations are negotiable instruments and securities	53423
under Chapter 1308. of the Revised Code, subject to the provisions	53424
of the bond proceedings as to registration. The obligations may be	53425
issued in coupon or in registered form, or both, as the issuing	53426
authority determines. Provision may be made for the registration	53427
of any obligations with coupons attached thereto as to principal	53428
alone or as to both principal and interest, their exchange for	53429
obligations so registered, and for the conversion or reconversion	53430
into obligations with coupons attached thereto of any obligations	53431
registered as to both principal and interest, and for reasonable	53432
charges for such registration, exchange, conversion, and	53433
reconversion.	53434

(H) Obligations may be sold at public sale or at private	53435
sale, as determined in the bond proceedings.	53436

(I) Pending preparation of definitive obligations, the	53437
issuing authority may issue interim receipts or certificates which	53438
shall be exchanged for such definitive obligations.	53439

(J) In the discretion of the issuing authority, obligations	53440
may be secured additionally by a trust agreement or indenture	53441
between the issuing authority and a corporate trustee which may be	53442
any trust company or bank having ~~its principal~~a place of business	53443
within the state. Any such agreement or indenture may contain the	53444
order authorizing the issuance of the obligations, any provisions	53445
that may be contained in any bond proceedings, and other	53446
provisions which are customary or appropriate in an agreement or	53447
indenture of such type, including, but not limited to:	53448

(1) Maintenance of each pledge, trust agreement, indenture,	53449
or other instrument comprising part of the bond proceedings until	53450
the state has fully paid the bond service charges on the	53451
obligations secured thereby, or provision therefor has been made;	53452

(2) In the event of default in any payments required to be	53453
made by the bond proceedings, or any other agreement of the	53454
issuing authority made as a part of the contract under which the	53455
obligations were issued, enforcement of such payments or agreement	53456
by mandamus, the appointment of a receiver, suit in equity, action	53457
at law, or any combination of the foregoing;	53458

(3) The rights and remedies of the holders of obligations and	53459
of the trustee, and provisions for protecting and enforcing them,	53460
including limitations on the rights of individual holders of	53461
obligations;	53462

(4) The replacement of any obligations that become mutilated	53463
or are destroyed, lost, or stolen;	53464

(5) Such other provisions as the trustee and the issuing	53465
authority agree upon, including limitations, conditions, or	53466
qualifications relating to any of the foregoing.	53467

(K) Any holder of obligations or a trustee under the bond	53468
proceedings, except to the extent that the holder's or trustee's	53469
rights are restricted by the bond proceedings, may by any suitable	53470
form of legal proceedings, protect and enforce any rights under	53471
the laws of this state or granted by such bond proceedings. Such	53472
rights include the right to compel the performance of all duties	53473
of the issuing authority and the director of transportation	53474
required by the bond proceedings or sections 5531.09 and 5531.10	53475
of the Revised Code; to enjoin unlawful activities; and in the	53476
event of default with respect to the payment of any bond service	53477
charges on any obligations or in the performance of any covenant	53478
or agreement on the part of the issuing authority or the director	53479
of transportation in the bond proceedings, to apply to a court	53480
having jurisdiction of the cause to appoint a receiver to receive	53481
and administer the pledged receipts and special funds, other than	53482
those in the custody of the treasurer of state, which are pledged	53483
to the payment of the bond service charges on such obligations or	53484
which are the subject of the covenant or agreement, with full	53485
power to pay, and to provide for payment of bond service charges	53486
on, such obligations, and with such powers, subject to the	53487
direction of the court, as are accorded receivers in general	53488
equity cases, excluding any power to pledge additional revenues or	53489
receipts or other income or moneys of the state or local	53490
governmental entities, or agencies thereof, to the payment of such	53491
principal and interest and excluding the power to take possession	53492
of, mortgage, or cause the sale or otherwise dispose of any	53493
project facilities.	53494

Each duty of the issuing authority and the issuing	53495
authority's officers and employees, and of each state or local	53496
governmental agency and its officers, members, or employees,	53497
undertaken pursuant to the bond proceedings or any loan, loan	53498
guarantee, lease, lease-purchase agreement, or other agreement	53499
made under authority of section 5531.09 of the Revised Code, and	53500
in every agreement by or with the issuing authority, is hereby	53501
established as a duty of the issuing authority, and of each such	53502
officer, member, or employee having authority to perform such	53503
duty, specifically enjoined by the law resulting from an office,	53504
trust, or station within the meaning of section 2731.01 of the	53505
Revised Code.	53506

The person who is at the time the issuing authority, or the	53507
issuing authority's officers or employees, are not liable in their	53508
personal capacities on any obligations issued by the issuing	53509
authority or any agreements of or with the issuing authority.	53510

(L) The issuing authority may authorize and issue obligations	53511
for the refunding, including funding and retirement, and advance	53512
refunding with or without payment or redemption prior to maturity,	53513
of any obligations previously issued by the issuing authority or	53514
district obligations. Such refunding obligations may be issued in	53515
amounts sufficient for payment of the principal amount of the	53516
prior obligations or district obligations, any redemption premiums	53517
thereon, principal maturities of any such obligations or district	53518
obligations maturing prior to the redemption of the remaining	53519
obligations or district obligations on a parity therewith,	53520
interest accrued or to accrue to the maturity dates or dates of	53521
redemption of such obligations or district obligations, and any	53522
expenses incurred or to be incurred in connection with such	53523
issuance and such refunding, funding, and retirement. Subject to	53524
the bond proceedings therefor, the portion of proceeds of the sale	53525
of refunding obligations issued under this division to be applied	53526
to bond service charges on the prior obligations or district	53527
obligations shall be credited to an appropriate account held by	53528
the trustee for such prior or new obligations or to the	53529
appropriate account in the bond service fund for such obligations	53530
or district obligations. Obligations authorized under this	53531
division shall be deemed to be issued for those purposes for which	53532
such prior obligations or district obligations were issued and are	53533
subject to the provisions of this section pertaining to other	53534
obligations, except as otherwise provided in this section. The	53535
last maturity of obligations authorized under this division shall	53536
not be later than twenty-five years from the date of issuance of	53537
the original securities issued for the original purpose.	53538

(M) The authority to issue obligations under this section	53539
includes authority to issue obligations in the form of bond	53540
anticipation notes and to renew the same from time to time by the	53541
issuance of new notes. The holders of such notes or interest	53542
coupons pertaining thereto shall have a right to be paid solely	53543
from the pledged receipts and special funds that may be pledged to	53544
the payment of the bonds anticipated, or from the proceeds of such	53545
bonds or renewal notes, or both, as the issuing authority provides	53546
in the order authorizing such notes. Such notes may be	53547
additionally secured by covenants of the issuing authority to the	53548
effect that the issuing authority and the state will do such or	53549
all things necessary for the issuance of such bonds or renewal	53550
notes in the appropriate amount, and apply the proceeds thereof to	53551
the extent necessary, to make full payment of the principal of and	53552
interest on such notes at the time or times contemplated, as	53553
provided in such order. For such purpose, the issuing authority	53554
may issue bonds or renewal notes in such principal amount and upon	53555
such terms as may be necessary to provide funds to pay when	53556
required the principal of and interest on such notes,	53557
notwithstanding any limitations prescribed by or for purposes of	53558
this section. Subject to this division, all provisions for and	53559
references to obligations in this section are applicable to notes	53560
authorized under this division.	53561

The issuing authority in the bond proceedings authorizing the	53562
issuance of bond anticipation notes shall set forth for such bonds	53563
an estimated interest rate and a schedule of principal payments	53564
for such bonds and the annual maturity dates thereof.	53565

(N) Obligations issued under this section are lawful	53566
investments for banks, societies for savings, savings and loan	53567
associations, deposit guarantee associations, trust companies,	53568
trustees, fiduciaries, insurance companies, including domestic for	53569
life and domestic not for life, trustees or other officers having	53570
charge of sinking and bond retirement or other special funds of	53571
political subdivisions and taxing districts of this state, the	53572
commissioners of the sinking fund of the state, the administrator	53573
of workers' compensation, the state teachers retirement system,	53574
the public employees retirement system, the school employees	53575
retirement system, and the Ohio police and fire pension fund,	53576
notwithstanding any other provisions of the Revised Code or rules	53577
adopted pursuant thereto by any agency of the state with respect	53578
to investments by them, and are also acceptable as security for	53579
the deposit of public moneys.	53580

(O) Unless otherwise provided in any applicable bond	53581
proceedings, moneys to the credit of or in the special funds	53582
established by or pursuant to this section may be invested by or	53583
on behalf of the issuing authority only in notes, bonds, or other	53584
obligations of the United States, or of any agency or	53585
instrumentality of the United States, obligations guaranteed as to	53586
principal and interest by the United States, obligations of this	53587
state or any political subdivision of this state, and certificates	53588
of deposit of any national bank located in this state and any	53589
bank, as defined in section 1101.01 of the Revised Code, subject	53590
to inspection by the superintendent of financial institutions. If	53591
the law or the instrument creating a trust pursuant to division	53592
(J) of this section expressly permits investment in direct	53593
obligations of the United States or an agency of the United	53594
States, unless expressly prohibited by the instrument, such moneys	53595
also may be invested in no-front-end-load money market mutual	53596
funds consisting exclusively of obligations of the United States	53597
or an agency of the United States and in repurchase agreements,	53598
including those issued by the fiduciary itself, secured by	53599
obligations of the United States or an agency of the United	53600
States; and in collective investment funds as defined in division	53601
(A) of section 1111.01 of the Revised Code and consisting	53602
exclusively of any such securities. The income from such	53603
investments shall be credited to such funds as the issuing	53604
authority determines, and such investments may be sold at such	53605
times as the issuing authority determines or authorizes.	53606

(P) Provision may be made in the applicable bond proceedings	53607
for the establishment of separate accounts in the bond service	53608
fund and for the application of such accounts only to the	53609
specified bond service charges on obligations pertinent to such	53610
accounts and bond service fund and for other accounts therein	53611
within the general purposes of such fund. Unless otherwise	53612
provided in any applicable bond proceedings, moneys to the credit	53613
of or in the several special funds established pursuant to this	53614
section shall be disbursed on the order of the treasurer of state,	53615
provided that no such order is required for the payment from the	53616
bond service fund when due of bond service charges on obligations.	53617

(Q)(1) The issuing authority may pledge all, or such portion	53618
as the issuing authority determines, of the pledged receipts to	53619
the payment of bond service charges on obligations issued under	53620
this section, and for the establishment and maintenance of any	53621
reserves, as provided in the bond proceedings, and make other	53622
provisions therein with respect to pledged receipts as authorized	53623
by this chapter, which provisions are controlling notwithstanding	53624
any other provisions of law pertaining thereto.	53625

(2) An action taken under division (Q)(2) of this section	53626
does not limit the generality of division (Q)(1) of this section,	53627
and is subject to division (C) of this section and, if and to the	53628
extent otherwise applicable, Section 13 of Article VIII, Ohio	53629
Constitution. The bond proceedings may contain a covenant that, in	53630
the event the pledged receipts primarily pledged and required to	53631
be used for the payment of bond service charges on obligations	53632
issued under this section, and for the establishment and	53633
maintenance of any reserves, as provided in the bond proceedings,	53634
are insufficient to make any such payment in full when due, or to	53635
maintain any such reserve, the director of transportation shall so	53636
notify the governor, and shall determine to what extent, if any,	53637
the payment may be made or moneys may be restored to the reserves	53638
from lawfully available moneys previously appropriated for that	53639
purpose to the department of transportation. The covenant also	53640
may provide that if the payments are not made or the moneys are	53641
not immediately and fully restored to the reserves from such	53642
moneys, the director shall promptly submit to the governor and to	53643
the director of budget and management a written request for either	53644
or both of the following:	53645

(a) That the next biennial budget submitted by the governor	53646
to the general assembly include an amount to be appropriated from	53647
lawfully available moneys to the department for the purpose of and	53648
sufficient for the payment in full of bond service charges	53649
previously due and for the full replenishment of the reserves;	53650

(b) That the general assembly be requested to increase	53651
appropriations from lawfully available moneys for the department	53652
in the current biennium sufficient for the purpose of and for the	53653
payment in full of bond service charges previously due and to come	53654
due in the biennium and for the full replenishment of the	53655
reserves.	53656

The director of transportation shall include with such	53657
requests a recommendation that the payment of the bond service	53658
charges and the replenishment of the reserves be made in the	53659
interest of maximizing the benefits of the state infrastructure	53660
bank. Any such covenant shall not obligate or purport to obligate	53661
the state to pay the bond service charges on such bonds or notes	53662
or to deposit moneys in a reserve established for such payments	53663
other than from moneys that may be lawfully available and	53664
appropriated for that purpose during the then-current biennium.	53665

(R) There is hereby created the state infrastructure bank	53666
revenue bond service fund, which shall be in the custody of the	53667
treasurer of state but shall not be a part of the state treasury.	53668
All moneys received by or on account of the issuing authority or	53669
state agencies and required by the applicable bond proceedings,	53670
consistent with this section, to be deposited, transferred, or	53671
credited to the bond service fund, and all other moneys	53672
transferred or allocated to or received for the purposes of the	53673
fund, shall be deposited and credited to such fund and to any	53674
separate accounts therein, subject to applicable provisions of the	53675
bond proceedings, but without necessity for any act of	53676
appropriation. The state infrastructure bank revenue bond service	53677
fund is a trust fund and is hereby pledged to the payment of bond	53678
service charges to the extent provided in the applicable bond	53679
proceedings, and payment thereof from such fund shall be made or	53680
provided for by the treasurer of state in accordance with such	53681
bond proceedings without necessity for any act of appropriation.	53682

(S) The obligations issued pursuant to this section, the	53683
transfer thereof, and the income therefrom, including any profit	53684
made on the sale thereof, shall at all times be free from taxation	53685
within this state.	53686

Sec. 5533.531. The road known as state route one hundred	53687
eighteen, commencing at the southernmost boundary of the municipal	53688
corporation of St. Henry and extending southward to the	53689
intersection of that state route and state route forty-seven,	53690
shall be known as "Earl Baltes Highway."	53691

The director of transportation may erect suitable markers	53692
along the highway indicating its name.	53693

Sec. 5533.632. The road known as state route number two,	53694
running in an easterly and westerly direction, within the	53695
municipal corporation of Willoughby only, shall be known as the	53696
"Brian Montgomery Memorial Highway."	53697

The director of transportation may erect suitable markers	53698
along the highway indicating its name.	53699

Sec. 5533.91. That part of the road known as state route	53700
number forty-four, located within Lake county and commencing at	53701
the intersection of that state route and state route number two	53702
and extending in a northerly direction and ending at headlands	53703
beach state park, shall be known as the "LCpl Andy Nowacki	53704
Memorial Highway."	53705

The director of transportation may erect suitable markers	53706
along the highway indicating its name.	53707

Sec. 5537.04. (A) The Ohio turnpike commission may do any of	53708
the following:	53709

(1) Adopt bylaws for the regulation of its affairs and the	53710
conduct of its business;	53711

(2) Adopt an official seal, which shall not be the great seal	53712
of the state and which need not be in compliance with section 5.10	53713
of the Revised Code;	53714

(3) Maintain a principal office and suboffices at such places	53715
within the state as it designates;	53716

(4) Sue and be sued in its own name, plead and be impleaded,	53717
provided any actions against the commission shall be brought in	53718
the court of common pleas of the county in which the principal	53719
office of the commission is located, or in the court of common	53720
pleas of the county in which the cause of action arose if that	53721
county is located within this state, and all summonses,	53722
exceptions, and notices of every kind shall be served on the	53723
commission by leaving a copy thereof at its principal office with	53724
the secretary-treasurer or executive director of the commission;	53725

(5) Construct, maintain, repair, police, and operate the	53726
turnpike system, and establish rules for the use of any turnpike	53727
project;	53728

(6) Issue revenue bonds of the state, payable solely from	53729
pledged revenues, as provided in this chapter, for the purpose of	53730
paying any part of the cost of constructing any one or more	53731
turnpike projects;	53732

(7) Fix, and revise from time to time, and charge and collect	53733
tolls;	53734

(8) Acquire, hold, and dispose of property in the exercise of	53735
its powers and the performance of its duties under this chapter;	53736

(9) Designate the locations and establish, limit, and control	53737
such points of ingress to and egress from each turnpike project as	53738
are necessary or desirable in the judgment of the commission and	53739
of the director of transportation to ensure the proper operation	53740
and maintenance of that project, and prohibit entrance to such a	53741
project from any point not so designated;	53742

(10) Make and enter into all contracts and agreements	53743
necessary or incidental to the performance of its duties and the	53744
execution of its powers under this chapter, including	53745
participation in a multi-jurisdiction electronic toll collection	53746
agreement and collection or remittance of tolls, fees, or other	53747
charges to or from entities or agencies that participate in such	53748
an agreement;	53749

(11) Employ or retain or contract for the services of	53750
consulting engineers, superintendents, managers, and any other	53751
engineers, construction and accounting experts, financial	53752
advisers, trustees, marketing, remarketing, and administrative	53753
agents, attorneys, and other employees, independent contractors,	53754
or agents that are necessary in its judgment and fix their	53755
compensation, provided all such expenses shall be payable solely	53756
from the proceeds of bonds or from revenues of the Ohio turnpike	53757
system;	53758

(12) Receive and accept from any federal agency, subject to	53759
the approval of the governor, and from any other governmental	53760
agency grants for or in aid of the construction, reconstruction,	53761
repair, renovation, maintenance, or operation of any turnpike	53762
project, and receive and accept aid or contributions from any	53763
source or person of money, property, labor, or other things of	53764
value, to be held, used, and applied only for the purposes for	53765
which such grants and contributions are made;	53766

(13) Provide coverage for its employees under Chapters 4123.	53767
and 4141. of the Revised Code;	53768

(14) Fix and revise by rule, from time to time, such permit	53769
fees, processing fees, or administrative charges for the	53770
prepayment, deferred payment, or nonpayment of tolls and use of	53771
electronic tolling equipment or other commission property.	53772

(B) The commission may do all acts necessary or proper to	53773
carry out the powers expressly granted in this chapter.	53774

Sec. 5537.16. (A) The Ohio turnpike commission may adopt	53775
such bylaws and rules as it considers advisable for the control	53776
and regulation of traffic on any turnpike project, for the	53777
protection and preservation of property under its jurisdiction and	53778
control, ~~and~~ for the maintenance and preservation of good order	53779
within the property under its control, and for the purpose of	53780
establishing owner or operator liability for failure to comply	53781
with toll collection rules. The rules of the commission with	53782
respect to the speed, use of special engine brakes, axle loads,	53783
vehicle loads, and vehicle dimensions of vehicles on turnpike	53784
projects, including the issuance of a special permit by the	53785
commission to allow the operation on any turnpike project of a	53786
motor vehicle transporting two or fewer steel coils, shall apply	53787
notwithstanding sections 4511.21 to 4511.24, 4513.34, and Chapter	53788
5577. of the Revised Code. Such bylaws and rules shall be	53789
published in a newspaper of general circulation in Franklin	53790
county, and in such other manner as the commission prescribes.	53791

(B) Such rules shall provide that public police officers	53792
shall be afforded ready access, while in the performance of their	53793
official duty, to all property under the jurisdiction of the	53794
commission and without the payment of tolls.	53795

(C) No person shall violate any such bylaws or rules of the	53796
commission. ~~All~~	53797

(D)(1) All fines collected for the violation of applicable	53798
laws of the state and the bylaws and rules of the commission or	53799
moneys arising from bonds forfeited for such violation shall be	53800
disposed of in accordance with section 5503.04 of the Revised	53801
Code.	53802

(2) All fees or charges assessed by the commission against an	53803
owner or operator of a vehicle as a civil violation for failure to	53804
comply with toll collection rules shall be revenues of the	53805
commission.	53806

Sec. 5537.99. ~~Whoever~~(A) Except as provided in division (B)	53807
of this section, whoever violates division (C) of section 5537.16	53808
of the Revised Code is guilty of a minor misdemeanor on a first	53809
offense; on each subsequent offense such person is guilty of a	53810
misdemeanor of the fourth degree.	53811

(B) Whoever violates division (C) of section 5537.16 of the	53812
Revised Code when the violation is a civil violation for failure	53813
to comply with toll collection rules is subject to a fee or charge	53814
established by the commission by rule.	53815

Sec. 5703.57. (A) As used in this section, "Ohio business	53816
gateway" has the same meaning as in section 718.051 of the Revised	53817
Code.	53818

(B) There is hereby created the Ohio business gateway	53819
steering committee to direct the continuing development of the	53820
Ohio business gateway and to oversee its operations. The committee	53821
shall provide general oversight regarding operation of the Ohio	53822
business gateway and shall recommend to the ~~department of~~	53823
~~administrative services~~office of information technology	53824
enhancements that will improve the Ohio business gateway. The	53825
committee shall consider all banking, technological,	53826
administrative, and other issues associated with the Ohio business	53827
gateway and shall make recommendations regarding the type of	53828
reporting forms or other tax documents to be filed through the	53829
Ohio business gateway.	53830

53831

(1) The following members, appointed by the governor with the	53832
advice and consent of the senate:	53833

(a) Not more than two representatives of the business	53834
community;	53835

(b) Not more than three representatives of municipal tax	53836
administrators; and	53837

53838

(2) The following ex officio members:

53839

(a) The director or other highest officer of each state	53840
agency that has tax reporting forms or other tax documents filed	53841
with it through the Ohio business gateway or the director's	53842
designee;	53843

(b) The secretary of state or the secretary of state's	53844
designee;	53845

(c) The treasurer of state or the treasurer of state's	53846
designee;	53847

(d) ~~The director of budget and management or the director's~~	53848
~~designee;~~	53849

~~(e)~~ The ~~director of the office of information technology~~	53850
state chief information officer or the ~~director's~~officer's	53851
designee; and	53852

~~(f)~~(e) The tax commissioner or the tax commissioner's	53853
designee.	53854

An appointed member shall serve until the member resigns or	53855
is removed by the governor. Vacancies shall be filled in the same	53856
manner as original appointments.	53857

(D) A vacancy on the committee does not impair the right of	53858
the other members to exercise all the functions of the committee.	53859
The presence of a majority of the members of the committee	53860
constitutes a quorum for the conduct of business of the committee.	53861
The concurrence of at least a majority of the members of the	53862
committee is necessary for any action to be taken by the	53863
committee. On request, each member of the committee shall be	53864
reimbursed for the actual and necessary expenses incurred in the	53865
discharge of the member's duties.	53866

(E) The committee is a part of the department of taxation for	53867
administrative purposes.	53868

(F) Each year, the governor shall select a member of the	53869
committee to serve as chairperson. The chairperson shall appoint	53870
an official or employee of the department of taxation to act as	53871
the committee's secretary. The secretary shall keep minutes of the	53872
committee's meetings and a journal of all meetings, proceedings,	53873
findings, and determinations of the committee.	53874

(G) The committee shall hire professional, technical, and	53875
clerical staff needed to support its activities.	53876

(H) The committee shall meet as often as necessary to perform	53877
its duties.	53878

Sec. 5703.80. There is hereby created in the state treasury	53879
the property tax administration fund. All money to the credit of	53880
the fund shall be used to defray the costs incurred by the	53881
department of taxation in administering the taxation of property	53882
and the equalization of real property valuation.	53883

Each fiscal year between the first and fifteenth days of	53884
July, the tax commissioner shall compute the following amounts for	53885
the property in each taxing district in each county, and certify	53886
to the director of budget and management the sum of those amounts	53887
for all taxing districts in all counties:	53888

(A) For fiscal year 2006, thirty-three hundredths of one per	53889
cent of the total amount by which taxes charged against real	53890
property on the general tax list of real and public utility	53891
property were reduced under section 319.302 of the Revised Code	53892
for the preceding tax year;	53893

(B) For fiscal year 2007 and thereafter, thirty-five	53894
hundredths of one per cent of the total amount by which taxes	53895
charged against real property on the general tax list of real and	53896
public utility property were reduced under section 319.302 of the	53897
Revised Code for the preceding tax year;	53898

(C) For fiscal year 2006, one-half of one per cent of the	53899
total amount of taxes charged and payable against public utility	53900
personal property on the general tax list of real and public	53901
utility property for the preceding tax year and of the total	53902
amount of taxes charged and payable against tangible personal	53903
property on the general tax list of personal property of the	53904
preceding tax year and for which returns were filed with the tax	53905
commissioner under section 5711.13 of the Revised Code;	53906

(D) For fiscal year 2007, fifty-six hundredths of one per	53907
cent of the total amount of taxes charged and payable against	53908
public utility personal property on the general tax list of real	53909
and public utility property for the preceding tax year and of the	53910
total amount of taxes charged and payable against tangible	53911
personal property on the general tax list of personal property of	53912
the preceding tax year and for which returns were filed with the	53913
tax commissioner under section 5711.13 of the Revised Code;	53914

(E) For fiscal year 2008 ~~and thereafter~~, six-tenths of one	53915
per cent of the total amount of taxes charged and payable against	53916
public utility personal property on the general tax list of real	53917
and public utility property for the preceding tax year and of the	53918
total amount of taxes charged and payable against tangible	53919
personal property on the general tax list of personal property of	53920
the preceding tax year and for which returns were filed with the	53921
tax commissioner under section 5711.13 of the Revised Code;	53922

(F) For fiscal year 2009 and thereafter, seven hundred	53923
twenty-five one-thousandths of one per cent of the total amount of	53924
taxes charged and payable against public utility personal property	53925
on the general tax list of real and public utility property for	53926
the preceding tax year and of the total amount of taxes charged	53927
and payable against tangible personal property on the general tax	53928
list of personal property of the preceding tax year and for which	53929
returns were filed with the tax commissioner under section 5711.13	53930
of the Revised Code.	53931

After receiving the tax commissioner's certification, the	53932
director of budget and management shall transfer from the general	53933
revenue fund to the property tax administration fund one-fourth of	53934
the amount certified on or before each of the following days: the	53935
first days of August, November, February, and May.	53936

On or before the thirtieth day of June of the fiscal year,	53937
the tax commissioner shall certify to the director of budget and	53938
management the sum of the amounts by which the amounts computed	53939
for a taxing district under this section exceeded the	53940
distributions to the taxing district under division (F) of section	53941
321.24 of the Revised Code, and the director shall transfer that	53942
sum from the property tax administration fund to the general	53943
revenue fund.	53944

Sec. 5705.01. As used in this chapter:

53945

(A) "Subdivision" means any county; municipal corporation;	53946
township; township police district; township fire district; joint	53947
fire district; joint ambulance district; joint emergency medical	53948
services district; fire and ambulance district; joint recreation	53949
district; township waste disposal district; township road	53950
district; community college district; technical college district;	53951
detention facility district; a district organized under section	53952
2151.65 of the Revised Code; a combined district organized under	53953
sections 2152.41 and 2151.65 of the Revised Code; a joint-county	53954
alcohol, drug addiction, and mental health service district; a	53955
drainage improvement district created under section 6131.52 of the	53956
Revised Code; a union cemetery district; a county school financing	53957
district; or a city, local, exempted village, cooperative	53958
education, or joint vocational school district; or a student	53959
special services district created under section 3313.82 of the	53960
Revised Code.	53961

(B) "Municipal corporation" means all municipal corporations,	53962
including those that have adopted a charter under Article XVIII,	53963
Ohio Constitution.	53964

(C) "Taxing authority" or "bond issuing authority" means, in	53965
the case of any county, the board of county commissioners; in the	53966
case of a municipal corporation, the council or other legislative	53967
authority of the municipal corporation; in the case of a city,	53968
local, exempted village, cooperative education, or joint	53969
vocational school district, the board of education; in the case of	53970
a community college district, the board of trustees of the	53971
district; in the case of a technical college district, the board	53972
of trustees of the district; in the case of a detention facility	53973
district, a district organized under section 2151.65 of the	53974
Revised Code, or a combined district organized under sections	53975
2152.41 and 2151.65 of the Revised Code, the joint board of county	53976
commissioners of the district; in the case of a township, the	53977
board of township trustees; in the case of a joint fire district,	53978
the board of fire district trustees; in the case of a joint	53979
recreation district, the joint recreation district board of	53980
trustees; in the case of a joint-county alcohol, drug addiction,	53981
and mental health service district, the district's board of	53982
alcohol, drug addiction, and mental health services; in the case	53983
of a joint ambulance district or a fire and ambulance district,	53984
the board of trustees of the district; in the case of a union	53985
cemetery district, the legislative authority of the municipal	53986
corporation and the board of township trustees, acting jointly as	53987
described in section 759.341 of the Revised Code; in the case of a	53988
drainage improvement district, the board of county commissioners	53989
of the county in which the drainage district is located; in the	53990
case of a joint emergency medical services district, the joint	53991
board of county commissioners of all counties in which all or any	53992
part of the district lies; and in the case of a township police	53993
district, a township fire district, a township road district, or a	53994
township waste disposal district, the board of township trustees	53995
of the township in which the district is located. "Taxing	53996
authority" also means the educational service center governing	53997
board that serves as the taxing authority of a county school	53998
financing district as provided in section 3311.50 of the Revised	53999
Code, and the board of directors of a student special services	54000
district created under section 3313.82 of the Revised Code.	54001

(D) "Fiscal officer" in the case of a county, means the	54002
county auditor; in the case of a municipal corporation, the city	54003
auditor or village clerk, or an officer who, by virtue of the	54004
charter, has the duties and functions of the city auditor or	54005
village clerk, except that in the case of a municipal university	54006
the board of directors of which have assumed, in the manner	54007
provided by law, the custody and control of the funds of the	54008
university, the chief accounting officer of the university shall	54009
perform, with respect to the funds, the duties vested in the	54010
fiscal officer of the subdivision by sections 5705.41 and 5705.44	54011
of the Revised Code; in the case of a school district, the	54012
treasurer of the board of education; in the case of a county	54013
school financing district, the treasurer of the educational	54014
service center governing board that serves as the taxing	54015
authority; in the case of a township, the township fiscal officer;	54016
in the case of a joint fire district, the clerk of the board of	54017
fire district trustees; in the case of a joint ambulance district,	54018
the clerk of the board of trustees of the district; in the case of	54019
a joint emergency medical services district, the person appointed	54020
as fiscal officer pursuant to division (D) of section 307.053 of	54021
the Revised Code; in the case of a fire and ambulance district,	54022
the person appointed as fiscal officer pursuant to division (B) of	54023
section 505.375 of the Revised Code; in the case of a joint	54024
recreation district, the person designated pursuant to section	54025
755.15 of the Revised Code; in the case of a union cemetery	54026
district, the clerk of the municipal corporation designated in	54027
section 759.34 of the Revised Code; in the case of a children's	54028
home district, educational service center, general health	54029
district, joint-county alcohol, drug addiction, and mental health	54030
service district, county library district, detention facility	54031
district, district organized under section 2151.65 of the Revised	54032
Code, a combined district organized under sections 2152.41 and	54033
2151.65 of the Revised Code, or a metropolitan park district for	54034
which no treasurer has been appointed pursuant to section 1545.07	54035
of the Revised Code, the county auditor of the county designated	54036
by law to act as the auditor of the district; in the case of a	54037
metropolitan park district which has appointed a treasurer	54038
pursuant to section 1545.07 of the Revised Code, that treasurer;	54039
in the case of a drainage improvement district, the auditor of the	54040
county in which the drainage improvement district is located; in	54041
the case of a student special services district, the fiscal	54042
officer appointed pursuant to section 3313.82 of the Revised Code;	54043
and in all other cases, the officer responsible for keeping the	54044
appropriation accounts and drawing warrants for the expenditure of	54045
the moneys of the district or taxing unit.	54046

(E) "Permanent improvement" or "improvement" means any	54047
property, asset, or improvement with an estimated life or	54048
usefulness of five years or more, including land and interests	54049
therein, and reconstructions, enlargements, and extensions thereof	54050
having an estimated life or usefulness of five years or more.	54051

(F) "Current operating expenses" and "current expenses" mean	54052
the lawful expenditures of a subdivision, except those for	54053
permanent improvements, and except payments for interest, sinking	54054
fund, and retirement of bonds, notes, and certificates of	54055
indebtedness of the subdivision.	54056

(G) "Debt charges" means interest, sinking fund, and	54057
retirement charges on bonds, notes, or certificates of	54058
indebtedness.	54059

(H) "Taxing unit" means any subdivision or other governmental	54060
district having authority to levy taxes on the property in the	54061
district or issue bonds that constitute a charge against the	54062
property of the district, including conservancy districts,	54063
metropolitan park districts, sanitary districts, road districts,	54064
and other districts.	54065

(I) "District authority" means any board of directors,	54066
trustees, commissioners, or other officers controlling a district	54067
institution or activity that derives its income or funds from two	54068
or more subdivisions, such as the educational service center, the	54069
trustees of district children's homes, the district board of	54070
health, a joint-county alcohol, drug addiction, and mental health	54071
service district's board of alcohol, drug addiction, and mental	54072
health services, detention facility districts, a joint recreation	54073
district board of trustees, districts organized under section	54074
2151.65 of the Revised Code, combined districts organized under	54075
sections 2152.41 and 2151.65 of the Revised Code, and other such	54076
boards.	54077

(J) "Tax list" and "tax duplicate" mean the general tax lists	54078
and duplicates prescribed by sections 319.28 and 319.29 of the	54079
Revised Code.	54080

(K) "Property" as applied to a tax levy means taxable	54081
property listed on general tax lists and duplicates.	54082

(L) "School library district" means a school district in	54083
which a free public library has been established that is under the	54084
control and management of a board of library trustees as provided	54085
in section 3375.15 of the Revised Code.	54086

Sec. 5705.214. Not more than three elections during any	54087
calendar year shall include the questions by a school district of	54088
tax levies proposed under any one or any combination of the	54089
following sections: sections 5705.194, 5705.21, 5705.212,	54090
5705.213, 5705.217, ~~and~~ 5705.218, 5748.02, 5748.021, and 5748.08	54091
of the Revised Code.	54092

Sec. 5705.219. (A) If the board of directors of a student	54093
special services district created under section 3313.82 of the	54094
Revised Code desires to levy a tax in excess of the ten-mill	54095
limitation throughout the district for the purpose of funding the	54096
services to be provided by the district to students enrolled in	54097
the school districts of which the district is composed and their	54098
immediate family members, the board shall propose the levy to each	54099
of the boards of education of those school districts. The proposal	54100
shall specify the rate or amount of the tax, the number of years	54101
the tax will be levied or that it will be levied for a continuing	54102
period of time, and that the aggregate rate of the tax shall not	54103
exceed three mills per dollar of taxable value in the student	54104
special services district.	54105

(B)(1) If a majority of the boards of education of the school	54106
districts of which the student special services district is	54107
composed approves the proposal for the tax levy, the board of	54108
directors of the student special services district may adopt a	54109
resolution approved by a majority of the board's full membership	54110
declaring the necessity of levying the proposed tax in excess of	54111
the ten-mill limitation throughout the district for the purpose of	54112
funding the services to be provided by the district to students	54113
enrolled in the school districts of which the district is composed	54114
and their immediate family members. The resolution shall provide	54115
for the question of the tax to be submitted to the electors of the	54116
district at a general, primary, or special election on a day to be	54117
specified in the resolution that is consistent with the	54118
requirements of section 3501.01 of the Revised Code and that	54119
occurs at least seventy-five days after the resolution is	54120
certified to the board of elections. The resolution shall specify	54121
the rate or amount of the tax and the number of years the tax will	54122
be levied or that the tax will be levied for a continuing period	54123
of time. The aggregate rate of tax levied by a student special	54124
services district under this section at any time shall not exceed	54125
three mills per dollar of taxable value in the district. A tax	54126
levied under this section may be renewed, subject to section	54127
5705.25 of the Revised Code, or replaced as provided in section	54128
5705.192 of the Revised Code.	54129

(2) The resolution shall take effect immediately upon	54130
passage, and no publication of the resolution is necessary other	54131
than that provided in the notice of election. The resolution shall	54132
be certified and submitted in the manner provided under section	54133
5705.25 of the Revised Code, and that section governs the	54134
arrangements governing submission of the question and other	54135
matters concerning the election.	54136

Sec. 5705.25. (A) A copy of any resolution adopted as	54137
provided in section 5705.19 or 5705.219 of the Revised Code shall	54138
be certified by the taxing authority to the board of elections of	54139
the proper county not less than seventy-five days before the	54140
general election in any year, and the board shall submit the	54141
proposal to the electors of the subdivision at the succeeding	54142
November election. Except as otherwise provided in this division,	54143
a resolution to renew an existing levy, regardless of the section	54144
of the Revised Code under which the tax was imposed, shall not be	54145
placed on the ballot unless the question is submitted at the	54146
general election held during the last year the tax to be renewed	54147
or replaced may be extended on the real and public utility	54148
property tax list and duplicate, or at any election held in the	54149
ensuing year. The limitation of the foregoing sentence does not	54150
apply to a resolution to renew and increase or to renew part of an	54151
existing levy that was imposed under section 5705.191 of the	54152
Revised Code to supplement the general fund for the purpose of	54153
making appropriations for one or more of the following purposes:	54154
for public assistance, human or social services, relief, welfare,	54155
hospitalization, health, and support of general hospitals. The	54156
limitation of the second preceding sentence also does not apply to	54157
a resolution that proposes to renew two or more existing levies	54158
imposed under section 5705.21 of the Revised Code, in which case	54159
the question shall be submitted on the date of the general or	54160
primary election held during the last year at least one of the	54161
levies to be renewed may be extended on the real and public	54162
utility property tax list and duplicate, or at any election held	54163
during the ensuing year. For purposes of this section, a levy	54164
shall be considered to be an "existing levy" through the year	54165
following the last year it can be placed on that tax list and	54166
duplicate.	54167

The board shall make the necessary arrangements for the	54168
submission of such questions to the electors of such subdivision,	54169
and the election shall be conducted, canvassed, and certified in	54170
the same manner as regular elections in such subdivision for the	54171
election of county officers. Notice of the election shall be	54172
published in a newspaper of general circulation in the subdivision	54173
once a week for two consecutive weeks prior to the election, and,	54174
if the board of elections operates and maintains a web site, the	54175
board of elections shall post notice of the election on its web	54176
site for thirty days prior to the election. The notice shall state	54177
the purpose, the proposed increase in rate expressed in dollars	54178
and cents for each one hundred dollars of valuation as well as in	54179
mills for each one dollar of valuation, the number of years during	54180
which the increase will be in effect, the first month and year in	54181
which the tax will be levied, and the time and place of the	54182
election.	54183

(B) The form of the ballots cast at an election held pursuant	54184
to division (A) of this section shall be as follows:	54185

"An additional tax for the benefit of (name of subdivision or	54186
public library) .......... for the purpose of (purpose stated in	54187
the resolution) .......... at a rate not exceeding ...... mills	54188
for each one dollar of valuation, which amounts to (rate expressed	54189
in dollars and cents) ............ for each one hundred dollars of	54190
valuation, for ...... (life of indebtedness or number of years the	54191
levy is to run).	54192

54193

		For the Tax Levy			54194
		Against the Tax Levy	"		54195

54196

(C) If the levy is to be in effect for a continuing period of	54197
time, the notice of election and the form of ballot shall so state	54198
instead of setting forth a specified number of years for the levy.	54199

If the tax is to be placed on the current tax list, the form	54200
of the ballot shall be modified by adding, after the statement of	54201
the number of years the levy is to run, the phrase ", commencing	54202
in .......... (first year the tax is to be levied), first due in	54203
calendar year .......... (first calendar year in which the tax	54204
shall be due)."	54205

If the levy submitted is a proposal to renew, increase, or	54206
decrease an existing levy, the form of the ballot specified in	54207
division (B) of this section may be changed by substituting for	54208
the words "An additional" at the beginning of the form, the words	54209
"A renewal of a" in case of a proposal to renew an existing levy	54210
in the same amount; the words "A renewal of ........ mills and an	54211
increase of ...... mills to constitute a" in the case of an	54212
increase; or the words "A renewal of part of an existing levy,	54213
being a reduction of ...... mills, to constitute a" in the case of	54214
a decrease in the proposed levy.	54215

If the levy submitted is a proposal to renew two or more	54216
existing levies imposed under section 5705.21 of the Revised Code,	54217
the form of the ballot specified in division (B) of this section	54218
shall be modified by substituting for the words "an additional	54219
tax" the words "a renewal of ....(insert the number of levies to	54220
be renewed) existing taxes."	54221

The question covered by such resolution shall be submitted as	54222
a separate proposition but may be printed on the same ballot with	54223
any other proposition submitted at the same election, other than	54224
the election of officers. More than one such question may be	54225
submitted at the same election.	54226

(D) A levy voted in excess of the ten-mill limitation under	54227
this section shall be certified to the tax commissioner. In the	54228
first year of the levy, it shall be extended on the tax lists	54229
after the February settlement succeeding the election. If the	54230
additional tax is to be placed upon the tax list of the current	54231
year, as specified in the resolution providing for its submission,	54232
the result of the election shall be certified immediately after	54233
the canvass by the board of elections to the taxing authority, who	54234
shall make the necessary levy and certify it to the county	54235
auditor, who shall extend it on the tax lists for collection.	54236
After the first year, the tax levy shall be included in the annual	54237
tax budget that is certified to the county budget commission.	54238

Sec. 5705.29. This section does not apply to a subdivision or	54239
taxing unit for which the county budget commission has waived the	54240
requirement to adopt a tax budget pursuant to section 5705.281 of	54241
the Revised Code. The tax budget shall present the following	54242
information in such detail as is prescribed by the auditor of	54243
state:	54244

(A)(1) A statement of the necessary current operating	54245
expenses for the ensuing fiscal year for each department and	54246
division of the subdivision, classified as to personal services	54247
and other expenses, and the fund from which such expenditures are	54248
to be made. Except in the case of a school district, this estimate	54249
may include a contingent expense not designated for any particular	54250
purpose, and not to exceed three per cent of the total amount of	54251
appropriations for current expenses. In the case of a school	54252
district, this estimate may include a contingent expense not	54253
designated for any particular purpose and not to exceed thirteen	54254
per cent of the total amount of appropriations for current	54255
expenses.	54256

(2) A statement of the expenditures for the ensuing fiscal	54257
year necessary for permanent improvements, exclusive of any	54258
expense to be paid from bond issues, classified as to the	54259
improvements contemplated by the subdivision and the fund from	54260
which such expenditures are to be made;	54261

(3) The amounts required for the payment of final judgments;

54262

(4) A statement of expenditures for the ensuing fiscal year	54263
necessary for any purpose for which a special levy is authorized,	54264
and the fund from which such expenditures are to be made;	54265

(5) Comparative statements, so far as possible, in parallel	54266
columns of corresponding items of expenditures for the current	54267
fiscal year and the two preceding fiscal years.	54268

(B)(1) An estimate of receipts from other sources than the	54269
general property tax during the ensuing fiscal year, which shall	54270
include an estimate of unencumbered balances at the end of the	54271
current fiscal year, and the funds to which such estimated	54272
receipts are credited;	54273

(2) The amount each fund requires from the general property	54274
tax, which shall be the difference between the contemplated	54275
expenditure from the fund and the estimated receipts, as provided	54276
in this section. The section of the Revised Code under which the	54277
tax is authorized shall be set forth.	54278

(3) Comparative statements, so far as possible, in parallel	54279
columns of taxes and other revenues for the current fiscal year	54280
and the two preceding fiscal years.	54281

(C)(1) The amount required for debt charges;

54282

(2) The estimated receipts from sources other than the tax	54283
levy for payment of such debt charges, including the proceeds of	54284
refunding bonds to be issued to refund bonds maturing in the next	54285
succeeding fiscal year;	54286

(3) The net amount for which a tax levy shall be made,	54287
classified as to bonds authorized and issued prior to January 1,	54288
1922, and those authorized and issued subsequent to such date, and	54289
as to what portion of the levy will be within and what in excess	54290
of the ten-mill limitation.	54291

(D) An estimate of amounts from taxes authorized to be levied	54292
in excess of the ten-mill limitation on the tax rate, and the fund	54293
to which such amounts will be credited, together with the sections	54294
of the Revised Code under which each such tax is exempted from all	54295
limitations on the tax rate.	54296

(E)(1) A board of education may include in its budget for the	54297
fiscal year in which a levy proposed under section 5705.194,	54298
5705.21, or 5705.213, or the original levy under section 5705.212	54299
of the Revised Code is first extended on the tax list and	54300
duplicate an estimate of expenditures to be known as a voluntary	54301
contingency reserve balance, which shall not be greater than	54302
twenty-five per cent of the total amount of the levy estimated to	54303
be available for appropriation in such year.	54304

(2) A board of education may include in its budget for the	54305
fiscal year following the year in which a levy proposed under	54306
section 5705.194, 5705.21, or 5705.213, or the original levy under	54307
section 5705.212 of the Revised Code is first extended on the tax	54308
list and duplicate an estimate of expenditures to be known as a	54309
voluntary contingency reserve balance, which shall not be greater	54310
than twenty per cent of the amount of the levy estimated to be	54311
available for appropriation in such year.	54312

(3) Except as provided in division (E)(4) of this section,	54313
the full amount of any reserve balance the board includes in its	54314
budget shall be retained by the county auditor and county	54315
treasurer out of the first semiannual settlement of taxes until	54316
the beginning of the next succeeding fiscal year, and thereupon,	54317
with the depository interest apportioned thereto, it shall be	54318
turned over to the board of education, to be used for the purposes	54319
of such fiscal year.	54320

(4) A board of education, by a two-thirds vote of all members	54321
of the board, may appropriate any amount withheld as a voluntary	54322
contingency reserve balance during the fiscal year for any lawful	54323
purpose, provided that prior to such appropriation the board of	54324
education has authorized the expenditure of all amounts	54325
appropriated for contingencies under section 5705.40 of the	54326
Revised Code. Upon request by the board of education, the county	54327
auditor shall draw a warrant on the district's account in the	54328
county treasury payable to the district in the amount requested.	54329

(F)(1) A board of education may include a spending reserve in	54330
its budget for fiscal years ending on or before June 30, 2002. The	54331
spending reserve shall consist of an estimate of expenditures not	54332
to exceed the district's spending reserve balance. A district's	54333
spending reserve balance is the amount by which the designated	54334
percentage of the district's estimated personal property taxes to	54335
be settled during the calendar year in which the fiscal year ends	54336
exceeds the estimated amount of personal property taxes to be so	54337
settled and received by the district during that fiscal year.	54338
Moneys from a spending reserve shall be appropriated in accordance	54339
with section 133.301 of the Revised Code.	54340

(2) For the purposes of computing a school district's	54341
spending reserve balance for a fiscal year, the designated	54342
percentage shall be as follows:	54343

Fiscal year ending in:	Designated percentage	54344
1998	50%	54345
1999	40%	54346
2000	30%	54347
2001	20%	54348
2002	10%	54349

(G) Except as otherwise provided in this division, the county	54350
budget commission shall not reduce the taxing authority of a	54351
subdivision as a result of the creation of a reserve balance	54352
account. Except as otherwise provided in this division, the county	54353
budget commission shall not consider the amount in a reserve	54354
balance account of a township, county, or municipal corporation as	54355
an unencumbered balance or as revenue for the purposes of division	54356
(E)(3) or (4) of section 5747.51 ~~or division (E)(3) or (4) of~~	54357
~~section 5747.62~~ of the Revised Code. The county budget commission	54358
may require documentation of the reasonableness of the reserve	54359
balance held in any reserve balance account. The commission shall	54360
consider any amount in a reserve balance account that it	54361
determines to be unreasonable as unencumbered and as revenue for	54362
the purposes of sections 5747.51 ~~and 5747.62~~ of the Revised Code	54363
and may take such amounts into consideration when determining	54364
whether to reduce the taxing authority of a subdivision.	54365

Sec. 5705.44. When contracts or leases run beyond the	54366
termination of the fiscal year in which they are made, the fiscal	54367
officer of the taxing authority shall make a certification for the	54368
amount required to meet the obligation of such contract or lease	54369
maturing in such fiscal year. The amount of the obligation under	54370
such contract or lease remaining unfulfilled at the end of a	54371
fiscal year, and which will become payable during the next fiscal	54372
year, shall be included in the annual appropriation measure for	54373
the next year as a fixed charge.	54374

The certificate required by section 5705.41 of the Revised	54375
Code as to money in the treasury shall not be required for	54376
contracts on which payments are to be made from the earnings of a	54377
publicly operated water works or public utility, but in the case	54378
of any such contract made without such certification, no payment	54379
shall be made on account thereof, and no claim or demand thereon	54380
shall be recoverable, except out of such earnings. That	54381
certificate also shall not be required if requiring the	54382
certificate makes it impossible for a county board of mental	54383
retardation and developmental disabilities to pay the nonfederal	54384
share of medicaid expenditures that the county board is required	54385
by ~~division (A) of section 5126.057~~sections 5126.059 and	54386
5126.0510 of the Revised Code to pay.	54387

Sec. 5709.68. (A) On or before the thirty-first day of March	54388
each year, a municipal corporation or county that has entered into	54389
an agreement with an enterprise under section 5709.62, 5709.63, or	54390
5709.632 of the Revised Code shall submit to the director of	54391
development and the board of education of each school district of	54392
which a municipal corporation or township to which such an	54393
agreement applies is a part a report on all of those agreements in	54394
effect during the preceding calendar year. The report shall	54395
include all of the following information:	54396

(1) The designation, assigned by the director of development,	54397
of each urban jobs and enterprise zone within the municipal	54398
corporation or county, the date each zone was certified, the name	54399
of each municipal corporation or township within each zone, and	54400
the total population of each zone according to the most recent	54401
data available;	54402

(2) The number of enterprises that are subject to those	54403
agreements and the number of full-time employees subject to those	54404
agreements within each zone, each according to the most recent	54405
data available and identified and categorized by the appropriate	54406
standard industrial code, and the rate of unemployment in the	54407
municipal corporation or county in which the zone is located for	54408
each year since each zone was certified;	54409

(3) The number of agreements approved and executed during the	54410
calendar year for which the report is submitted, the total number	54411
of agreements in effect on the thirty-first day of December of the	54412
preceding calendar year, the number of agreements that expired	54413
during the calendar year for which the report is submitted, and	54414
the number of agreements scheduled to expire during the calendar	54415
year in which the report is submitted. For each agreement that	54416
expired during the calendar year for which the report is	54417
submitted, the municipal corporation or county shall include the	54418
amount of taxes exempted and the estimated dollar value of any	54419
other incentives provided under the agreement.	54420

(4) The number of agreements receiving compliance reviews by	54421
the tax incentive review council in the municipal corporation or	54422
county during the calendar year for which the report is submitted,	54423
including all of the following information:	54424

(a) The number of agreements the terms of which an enterprise	54425
has complied with, indicating separately for each agreement the	54426
value of the real and personal property exempted pursuant to the	54427
agreement and a comparison of the stipulated and actual schedules	54428
for hiring new employees, for retaining existing employees, for	54429
the amount of payroll of the enterprise attributable to these	54430
employees, and for investing in establishing, expanding,	54431
renovating, or occupying a facility;	54432

(b) The number of agreements the terms of which an enterprise	54433
has failed to comply with, indicating separately for each	54434
agreement the value of the real and personal property exempted	54435
pursuant to the agreement and a comparison of the stipulated and	54436
actual schedules for hiring new employees, for retaining existing	54437
employees, for the amount of payroll of the enterprise	54438
attributable to these employees, and for investing in	54439
establishing, expanding, renovating, or occupying a facility;	54440

(c) The number of agreements about which the tax incentive	54441
review council made recommendations to the legislative authority	54442
of the municipal corporation or county, and the number of those	54443
recommendations that have not been followed;	54444

(d) The number of agreements rescinded during the calendar	54445
year for which the report is submitted.	54446

(5) The number of enterprises that are subject to agreements	54447
that expanded within each zone, including the number of new	54448
employees hired and existing employees retained by each	54449
enterprise, and the number of new enterprises that are subject to	54450
agreements and that established within each zone, including the	54451
number of new employees hired by each enterprise;	54452

(6)(a) The number of enterprises that are subject to	54453
agreements and that closed or reduced employment at any place of	54454
business within the state for the primary purpose of establishing,	54455
expanding, renovating, or occupying a facility, indicating	54456
separately for each enterprise the political subdivision in which	54457
the enterprise closed or reduced employment at a place of business	54458
and the number of full-time employees transferred and retained by	54459
each such place of business;	54460

(b) The number of enterprises that are subject to agreements	54461
and that closed or reduced employment at any place of business	54462
outside the state for the primary purpose of establishing,	54463
expanding, renovating, or occupying a facility.	54464

(7) For each agreement in effect during any part of the	54465
preceding year, the number of employees employed by the enterprise	54466
at the project site immediately prior to formal approval of the	54467
agreement, the number of employees employed by the enterprise at	54468
the project site on the thirty-first day of December of the	54469
preceding year, the payroll of the enterprise for the preceding	54470
year, the amount of taxes paid on tangible personal property	54471
situated at the project site and the amount of those taxes that	54472
were not paid because of the exemption granted under the	54473
agreement, and the amount of taxes paid on real property	54474
constituting the project site and the amount of those taxes that	54475
were not paid because of the exemption granted under the	54476
agreement. If an agreement was entered into under section 5709.632	54477
of the Revised Code with an enterprise described in division	54478
(B)(2) of that section, the report shall include the number of	54479
employee positions at all of the enterprise's locations in this	54480
state. If an agreement is conditioned on a waiver issued under	54481
division (B) of section 5709.633 of the Revised Code on the basis	54482
of the circumstance described in division (B)(3)(a) or (b) of that	54483
section, the report shall include the number of employees at the	54484
facilities referred to in division (B)(3)(a)(i) or (b)(i) of that	54485
section, respectively.	54486

(B) Upon the failure of a municipal corporation or county to	54487
comply with division (A) of this section:	54488

(1) Beginning on the first day of April of the calendar year	54489
in which the municipal corporation or county fails to comply with	54490
that division, the municipal corporation or county shall not enter	54491
into any agreements with an enterprise under section 5709.62,	54492
5709.63, or 5709.632 of the Revised Code until the municipal	54493
corporation or county has complied with division (A) of this	54494
section.	54495

(2) On the first day of each ensuing calendar month until the	54496
municipal corporation or county complies with division (A) of this	54497
section, the director of development shall either order the proper	54498
county auditor to deduct from the next succeeding payment of taxes	54499
to the municipal corporation or county under section 321.31,	54500
321.32, 321.33, or 321.34 of the Revised Code an amount equal to	54501
one thousand dollars for each calendar month the municipal	54502
corporation or county fails to comply with that division, or order	54503
the county auditor to deduct that amount from the next succeeding	54504
payment to the municipal corporation or county from the undivided	54505
local government fund under section 5747.51 of the Revised Code.	54506
At the time such a payment is made, the county auditor shall	54507
comply with the director's order by issuing a warrant, drawn on	54508
the fund from which the money would have been paid, to the	54509
director of development, who shall deposit the warrant into the	54510
state enterprise zone program administration fund created in	54511
division (C) of this section.	54512

(C) The director, by rule, shall establish the state's	54513
application fee for applications submitted to a municipal	54514
corporation or county to enter into an agreement under section	54515
5709.62, 5709.63, or 5709.632 of the Revised Code. In establishing	54516
the amount of the fee, the director shall consider the state's	54517
cost of administering the enterprise zone program, including the	54518
cost of reviewing the reports required under division (A) of this	54519
section. The director may change the amount of the fee at the	54520
times and in the increments the director considers necessary. Any	54521
municipal corporation or county that receives an application shall	54522
collect the application fee and remit the fee for deposit in the	54523
state treasury to the credit of the ~~state enterprise zone program~~	54524
~~administration fund, which is hereby created. Money credited to~~	54525
~~the fund shall be used by the department of development to pay the~~	54526
~~costs of administering the enterprise zone program, including the~~	54527
~~cost of reviewing the reports required under division (A) of this~~	54528
~~section~~tax incentive programs operating fund created in section	54529
122.174 of the Revised Code.	54530

(D) On or before the thirtieth day of June each year, the	54531
director of development shall certify to the tax commissioner the	54532
information described under division (A)(7) of this section,	54533
derived from the reports submitted to the director under this	54534
section.	54535

On the basis of the information certified under this	54536
division, the tax commissioner annually shall submit a report to	54537
the governor, the speaker of the house of representatives, the	54538
president of the senate, and the chairpersons of the ways and	54539
means committees of the respective houses of the general assembly,	54540
indicating for each enterprise zone the amount of state and local	54541
taxes that were not required to be paid because of exemptions	54542
granted under agreements entered into under section 5709.62,	54543
5709.63, or 5709.632 of the Revised Code and the amount of	54544
additional taxes paid from the payroll of new employees.	54545

Sec. 5711.01. As used in this chapter:

54546

(A)(1) "Taxable property" includes all the kinds of property	54547
mentioned in division (B) of section 5709.01 and section 5709.02	54548
of the Revised Code, and also the amount or value as of the date	54549
of conversion of all taxable property converted into bonds or	54550
other securities not taxed on or after the first day of November	54551
in the year preceding the date of listing, and of all other	54552
taxable property converted into deposits after the date as of	54553
which deposits are required to be listed in such year, except in	54554
the usual course of the taxpayer's business, to the extent the	54555
taxpayer may hold or control such bonds, securities, or deposits	54556
on such day, without deduction for indebtedness created in the	54557
purchase of such bonds or securities from the taxpayer's credits.	54558
"Taxable property" does not include such investments and deposits	54559
as are taxable at the source as provided in sections 5725.01 to	54560
5725.26 of the Revised Code, surrender values under policies of	54561
insurance, or any tangible personal property acquired from a	54562
public utility or interexchange telecommunications company as	54563
defined in section 5727.01 of the Revised Code and leased back to	54564
the public utility or interexchange telecommunications company	54565
pursuant to a sale and leaseback transaction as defined in	54566
division (I) of section 5727.01 of the Revised Code. For tax year	54567
2007 and thereafter, "taxable property" of a telephone, telegraph,	54568
or interexchange telecommunications company, as defined in section	54569
5727.01 of the Revised Code, includes property subject to such a	54570
sale and leaseback transaction.	54571

(2) For tax year 2007 and thereafter, taxable property leased	54572
to a telephone, telegraph, or interexchange telecommunications	54573
company, as defined in section 5727.01 of the Revised Code, other	54574
than pursuant to a sale and leaseback transaction, shall be listed	54575
and assessed by the owner of the property as follows:	54576

(a) If the property leased to such a company is not governed	54577
by division (C) of section 5711.22 of the Revised Code in tax	54578
years 2007 and 2008, it shall be listed and assessed at the	54579
percentage of true value in money required under division ~~(H)~~(G)	54580
of section 5711.22 of the Revised Code.	54581

(b) All property leased to such a company in tax years 2009	54582
and 2010 shall be listed and assessed at the percentage of true	54583
value in money required under division (H) of section 5711.22 of	54584
the Revised Code.	54585

(3) For tax years 2009 and 2010, the lessor of property	54586
subject to division (A)(2) of this section shall have the true	54587
value of the property the lessor leases to a telephone, telegraph,	54588
or interexchange telecommunications company determined under	54589
divisions (A)(5) and (E) of section 5727.06 of the Revised Code.	54590

(B) "Taxpayer" means any owner of taxable property, including	54591
property exempt under division (C) of section 5709.01 of the	54592
Revised Code, and includes every person residing in, or	54593
incorporated or organized by or under the laws of this state, or	54594
doing business in this state, or owning or having a beneficial	54595
interest in taxable personal property in this state and every	54596
fiduciary required by sections 5711.01 to 5711.36 of the Revised	54597
Code, to make a return for or on behalf of another. For tax year	54598
2007 and thereafter, "taxpayer" includes telephone companies,	54599
telegraph companies, and interexchange telecommunications company	54600
as defined in section 5727.01 of the Revised Code. The tax	54601
commissioner may by rule define and designate the taxpayer, as to	54602
any taxable property which would not otherwise be required by this	54603
section to be returned; and any such rule shall be considered	54604
supplementary to the enumeration of kinds of taxpayers following:	54605

(1) Individuals of full age and sound mind residing in this	54606
state;	54607

(2) Partnerships, corporations, associations, and joint-stock	54608
companies, under whatever laws organized or existing, doing	54609
business or having taxable property in this state; and	54610
corporations incorporated by or organized under the laws of this	54611
state, wherever their actual business is conducted;	54612

(3) Fiduciaries appointed by any court in this state or	54613
having title, possession, or custody of taxable personal property	54614
in this state or engaged in business in this state;	54615

(4) Unincorporated mutual funds.

54616

"Taxpayer" excludes all individuals, partnerships,	54617
corporations, associations, and joint-stock companies, their	54618
executors, administrators, and receivers who are defined in Title	54619
LVII of the Revised Code as financial institutions, dealers in	54620
intangibles, domestic insurance companies, or public utilities,	54621
except to the extent they may be required by sections 5711.01 to	54622
5711.36 of the Revised Code, to make returns as fiduciaries, or by	54623
section 5725.26 of the Revised Code, to make returns of property	54624
leased, or held for the purpose of leasing, to others if the owner	54625
or lessor of the property acquired it for the sole purpose of	54626
leasing it to others or to the extent that property is taxable	54627
under section 5725.25 of the Revised Code.	54628

(C) "Return" means the taxpayer's annual report of taxable	54629
property.	54630

(D) "List" means the designation, in a return, of the	54631
description of taxable property, the valuation or amount thereof,	54632
the name of the owner, and the taxing district where assessable.	54633

(E) "Taxing district" means, in the case of property	54634
assessable on the classified tax list and duplicate, a municipal	54635
corporation or the territory in a county outside the limits of all	54636
municipal corporations therein; in the case of property assessable	54637
on the general tax list and duplicate, a municipal corporation or	54638
township, or part thereof, in which the aggregate rate of taxation	54639
is uniform.	54640

(F) "Assessor" includes the tax commissioner and the county	54641
auditor as deputy of the commissioner.	54642

(G) "Fiduciary" includes executors, administrators, parents,	54643
guardians, receivers, assignees, official custodians, factors,	54644
bailees, lessees, agents, attorneys, and employees, but does not	54645
include trustees unless the sense so requires.	54646

(H) "General tax list and duplicate" means the books or	54647
records containing the assessments of property subject to local	54648
tax levies.	54649

(I) "Classified tax list and duplicate" means the books or	54650
records containing the assessments of property not subject to	54651
local tax levies.	54652

(J) "Investment company" means any corporation, the shares of	54653
which are regularly offered for sale to the public, engaged solely	54654
in the business of investing and reinvesting funds in real	54655
property or investments, or holding or selling real property or	54656
investments for the purpose of realizing income or profit which is	54657
distributed to its shareholders. Investment company does not	54658
include any dealer in intangibles, as defined in section 5725.01	54659
of the Revised Code.	54660

(K) "Unincorporated mutual fund" means any partnership, each	54661
partner of which is a corporation, engaged solely in the business	54662
of investing and reinvesting funds in investments, or holding or	54663
selling investments for the purpose of realizing income or profit	54664
which is distributed to its partners and which is subject to	54665
Chapter 1707. of the Revised Code. An unincorporated mutual fund	54666
does not include any dealer in intangibles as defined in section	54667
5725.01 of the Revised Code.	54668

Sec. 5713.011. If the county auditor determines under	54669
section 5713.01 of the Revised Code that the construction of a	54670
dwelling on a previously vacant parcel of land is now available	54671
for use or that an additional dwelling is constructed on a parcel	54672
of land and is now available for use, the county auditor, by	54673
ordinary mail, shall send to the owner of the dwelling a notice	54674
that the applicant may apply for a reduction in taxes under	54675
division (A)(2) of section 323.153 of the Revised Code. The notice	54676
shall be substantially in the form of the notice prescribed under	54677
division ~~(C)(2)~~(A)(3)(b) of section 323.131 of the Revised Code.	54678

Sec. 5725.24. (A) As used in this section, "qualifying	54679
dealer" means a dealer in intangibles that is a qualifying dealer	54680
in intangibles as defined in section 5733.45 of the Revised Code	54681
or a member of a qualifying controlled group, as defined in	54682
section 5733.04 of the Revised Code, of which an insurance company	54683
also is a member on the first day of January of the year in and	54684
for which the tax imposed by section 5707.03 of the Revised Code	54685
is required to be paid by the dealer.	54686

(B) The taxes levied by section 5725.18 of the Revised Code	54687
and collected pursuant to this chapter shall be paid into the	54688
state treasury to the credit of the general revenue fund.	54689

(C) The taxes levied by section 5707.03 of the Revised Code	54690
on the value of shares in and capital employed by dealers in	54691
intangibles other than those that are qualifying dealers shall be	54692
for the use of the general revenue fund of the state and the local	54693
government funds of the several counties in which the taxes	54694
originate as provided in this division.	54695

~~On or before the first day of~~During each month onfor which	54696
there is money in the state treasury for disbursement under this	54697
division, the tax commissioner shall provide for payment to the	54698
county treasurer of each county of five-eighths of the amount of	54699
the taxes collected on account of shares in and capital employed	54700
by dealers in intangibles other than those that are qualifying	54701
dealers, representing capital employed in the county. The balance	54702
of the money received and credited on account of taxes assessed on	54703
shares in and capital employed by such dealers in intangibles	54704
shall be credited to the general revenue fund.	54705

Reductions in the amount of taxes collected on account of	54706
credits allowed under section 5725.151 of the Revised Code shall	54707
be applied to reduce the amount credited to the general revenue	54708
fund and shall not be applied to reduce the amount to be credited	54709
to the undivided local government funds of the counties in which	54710
such taxes originate.	54711

For the purpose of this division, such taxes are deemed to	54712
originate in the counties in which such dealers in intangibles	54713
have their offices.	54714

Money received into the treasury of a county pursuant to this	54715
section shall be credited to the undivided local government fund	54716
of the county and shall be distributed by the budget commission as	54717
provided by law.	54718

(D) All of the taxes levied under section 5707.03 of the	54719
Revised Code on the value of the shares in and capital employed by	54720
dealers in intangibles that are qualifying dealers shall be paid	54721
into the state treasury to the credit of the general revenue fund.	54722

Sec. 5727.06. (A) Except as otherwise provided by law, the	54723
following constitutes the taxable property of a public utility,	54724
interexchange telecommunications company, or public utility	54725
property lessor that shall be assessed by the tax commissioner:	54726

(1) For tax years before tax year 2006:

54727

(a) In the case of a railroad company, all real property and	54728
tangible personal property owned or operated by the railroad	54729
company in this state on the thirty-first day of December of the	54730
preceding year;	54731

(b) In the case of a water transportation company, all	54732
tangible personal property, except watercraft, owned or operated	54733
by the water transportation company in this state on the	54734
thirty-first day of December of the preceding year and all	54735
watercraft owned or operated by the water transportation company	54736
in this state during the preceding calendar year;	54737

(c) In the case of all other public utilities and	54738
interexchange telecommunications companies, all tangible personal	54739
property that on the thirty-first day of December of the preceding	54740
year was both located in this state and:	54741

(i) Owned by the public utility or interexchange	54742
telecommunications company; or	54743

(ii) Leased by the public utility or interexchange	54744
telecommunications company under a sale and leaseback transaction.	54745

(2) For tax years 2006, 2007, and 2008:

54746

(a) In the case of a railroad company, all real property used	54747
in railroad operations and tangible personal property owned or	54748
operated by the railroad company in this state on the thirty-first	54749
day of December of the preceding year;	54750

(b) In the case of a water transportation company, all	54751
tangible personal property, except watercraft, owned or operated	54752
by the water transportation company in this state on the	54753
thirty-first day of December of the preceding year and all	54754
watercraft owned or operated by the water transportation company	54755
in this state during the preceding calendar year;	54756

(c) In the case of all other public utilities except	54757
telephone and telegraph companies, all tangible personal property	54758
that on the thirty-first day of December of the preceding year was	54759
both located in this state and either owned by the public utility	54760
or leased by the public utility under a sale and leaseback	54761
transaction.	54762

(3) For tax year 2009 and each tax year thereafter:

54763

(a) In the case of a railroad company, all real property used	54764
in railroad operations and tangible personal property owned or	54765
operated by the railroad company in this state on the thirty-first	54766
day of December of the preceding year;	54767

(b) In the case of a water transportation company, all	54768
tangible personal property, except watercraft, owned or operated	54769
by the water transportation company in this state on the	54770
thirty-first day of December of the preceding year and all	54771
watercraft owned or operated by the water transportation company	54772
in this state during the preceding calendar year;	54773

(c) In the case of all other public utilities except	54774
telephone and telegraph companies, all tangible personal property	54775
that on the thirty-first day of December of the preceding year was	54776
both located in this state and either owned by the public utility	54777
or leased by the public utility under a sale and leaseback	54778
transaction;	54779

(d) In the case of a public utility property lessor, all	54780
personal property that on the thirty-first day of December of the	54781
preceding year was both located in this state and leased, in other	54782
than a sale and leaseback transaction, to a public utility other	54783
than a railroad, telephone, telegraph, or water transportation	54784
company. The assessment rate used under section 5727.111 of the	54785
Revised Code shall be based on the assessment rate that would	54786
apply if the public utility owned the property.	54787

(4) For tax years 2005 and 2006, in the case of telephone,	54788
telegraph, or interexchange telecommunications companies, all	54789
tangible personal property that on the thirty-first day of	54790
December of the preceding year was both located in this state and	54791
either owned by the telephone, telegraph, or interexchange	54792
telecommunications company or leased by the telephone, telegraph,	54793
or interexchange telecommunications company under a sale and	54794
leaseback transaction.	54795

(5)(a) For tax year 2007 and thereafter, in the case of	54796
telephone, telegraph, or interexchange telecommunications	54797
companies, all tangible personal property shall be listed and	54798
assessed for taxation under Chapter 5711. of the Revised Code, but	54799
the tangible personal property shall be valued in accordance with	54800
this chapter using the composite annual allowances and other	54801
valuation procedures prescribed under section 5727.11 of the	54802
Revised Code by the tax commissioner for such property for tax	54803
year 2006, notwithstanding any section of Chapter 5711. of the	54804
Revised Code to the contrary.	54805

(b) A telephone, telegraph, or interexchange	54806
telecommunications company subject to division (A)(5)(a) of this	54807
section shall file a combined return with the tax commissioner in	54808
accordance with section 5711.13 of the Revised Code even if the	54809
company has tangible personal property in only one county. Such a	54810
company also is subject to the issuance of a preliminary	54811
assessment certificate by the tax commissioner under section	54812
5711.25 of the Revised Code. Such a company is not required to	54813
file a county supplemental return under section 5711.131 of the	54814
Revised Code.	54815

(B) This division applies to tax years before tax year 2007.

54816

In the case of an interexchange telecommunications company,	54817
all taxable property shall be subject to the provisions of this	54818
chapter and shall be valued by the commissioner in accordance with	54819
division (A) of section 5727.11 of the Revised Code. A person	54820
described by this division shall file the report required by	54821
section 5727.08 of the Revised Code. Persons described in this	54822
division shall not be considered taxpayers, as defined in division	54823
(B) of section 5711.01 of the Revised Code, and shall not be	54824
required to file a return and list their taxable property under	54825
any provision of Chapter 5711. of the Revised Code.	54826

(C) The lien of the state for taxes levied each year on the	54827
real and personal property of public utilities and interexchange	54828
telecommunications companies and on the personal property of	54829
public utility property lessors shall attach thereto on the	54830
thirty-first day of December of the preceding year.	54831

(D) Property that is required by division (A)(3)(b) of this	54832
section to be assessed by the tax commissioner under this chapter	54833
shall not be listed by the owner of the property under Chapter	54834
5711. of the Revised Code.	54835

(E) The ten-thousand-dollar exemption provided for in	54836
division (C)(3) of section 5709.01 of the Revised Code does not	54837
apply to any personal property that is valued under this chapter.	54838

(F) The tax commissioner may adopt rules governing the	54839
listing of the taxable property of public utilities and	54840
interexchange telecommunications companies and the determination	54841
of true value.	54842

Sec. 5727.45. ~~Four and two-tenths~~One hundred per cent of	54843
all excise taxes and penalties collected under sections 5727.01 to	54844
5727.62 of the Revised Code shall be credited to ~~the local~~	54845
~~government fund for distribution in accordance with section~~	54846
~~5747.50 of the Revised Code, six-tenths of one per cent shall be~~	54847
~~credited to the local government revenue assistance fund for~~	54848
~~distribution in accordance with section 5747.61 of the Revised~~	54849
~~Code, and ninety-five and two-tenths per cent shall be credited to~~	54850
the general revenue fund.	54851

Sec. 5727.81. (A) For the purpose of raising revenue for	54852
public education and state and local government operations, an	54853
excise tax is hereby levied and imposed on an electric	54854
distribution company for all electricity distributed by such	54855
company ~~beginning with the measurement period that includes May 1,~~	54856
~~2001,~~ at the following rates per kilowatt hour of electricity	54857
distributed in a thirty-day period by the company through a meter	54858
of an end user in this state:	54859

KILOWATT HOURS DISTRIBUTED	RATE PER	54860
TO AN END USER	KILOWATT HOUR	54861
For the first 2,000	$.00465	54862
For the next 2,001 to 15,000	$.00419	54863
For 15,001 and above	$.00363	54864

If no meter is used to measure the kilowatt hours of	54865
electricity distributed by the company, the rates shall apply to	54866
the estimated kilowatt hours of electricity distributed to an	54867
unmetered location in this state.	54868

The electric distribution company shall base the monthly tax	54869
on the kilowatt hours of electricity distributed to an end user	54870
through the meter of the end user that is not measured for a	54871
thirty-day period by dividing the days in the measurement period	54872
into the total kilowatt hours measured during the measurement	54873
period to obtain a daily average usage. The tax shall be	54874
determined by obtaining the sum of divisions (A)(1), (2), and (3)	54875
of this section and multiplying that amount by the number of days	54876
in the measurement period:	54877

(1) Multiplying $0.00465 per kilowatt hour for the first	54878
sixty-seven kilowatt hours distributed using a daily average;	54879

(2) Multiplying $0.00419 for the next sixty-eight to five	54880
hundred kilowatt hours distributed using a daily average;	54881

(3) Multiplying $0.00363 for the remaining kilowatt hours	54882
distributed using a daily average.	54883

~~Until January 1, 2003, except as provided in division (C) of~~	54884
~~this section, the electric distribution company shall pay the tax~~	54885
~~to the treasurer of state in accordance with section 5727.82 of~~	54886
~~the Revised Code. Beginning January 1, 2003, except~~Except as	54887
provided in division (C) of this section, the electric	54888
distribution company shall pay the tax to the tax commissioner in	54889
accordance with section 5727.82 of the Revised Code, unless	54890
required to remit each tax payment by electronic funds transfer to	54891
the treasurer of state in accordance with section 5727.83 of the	54892
Revised Code.	54893

Only the distribution of electricity through a meter of an	54894
end user in this state shall be used by the electric distribution	54895
company to compute the amount or estimated amount of tax due. In	54896
the event a meter is not actually read for a measurement period,	54897
the estimated kilowatt hours distributed by an electric	54898
distribution company to bill for its distribution charges shall be	54899
used.	54900

(B) Except as provided in division (C) of this section, each	54901
electric distribution company shall pay the tax imposed by this	54902
section in all of the following circumstances:	54903

(1) The electricity is distributed by the company through a	54904
meter of an end user in this state;	54905

(2) The company is distributing electricity through a meter	54906
located in another state, but the electricity is consumed in this	54907
state in the manner prescribed by the tax commissioner;	54908

(3) The company is distributing electricity in this state	54909
without the use of a meter, but the electricity is consumed in	54910
this state as estimated and in the manner prescribed by the tax	54911
commissioner.	54912

(C)(1) As used in division (C) of this section:

54913

(a) "Total price of electricity" means the aggregate value in	54914
money of anything paid or transferred, or promised to be paid or	54915
transferred, to obtain electricity or electric service, including	54916
but not limited to the value paid or promised to be paid for the	54917
transmission or distribution of electricity and for transition	54918
costs as described in Chapter 4928. of the Revised Code.	54919

(b) "Package" means the provision or the acquisition, at a	54920
combined price, of electricity with other services or products, or	54921
any combination thereof, such as natural gas or other fuels;	54922
energy management products, software, and services; machinery and	54923
equipment acquisition; and financing agreements.	54924

(c) "Single location" means a facility located on contiguous	54925
property separated only by a roadway, railway, or waterway.	54926

(2) Division (C) of this section applies to any commercial or	54927
industrial purchaser's receipt of electricity through a meter of	54928
an end user in this state or through more than one meter at a	54929
single location in this state in a quantity that exceeds	54930
forty-five million kilowatt hours of electricity over the course	54931
of the preceding calendar year, or any commercial or industrial	54932
purchaser that will consume more than forty-five million kilowatt	54933
hours of electricity over the course of the succeeding twelve	54934
months as estimated by the tax commissioner. The tax commissioner	54935
shall make such an estimate upon the written request by an	54936
applicant for registration as a self-assessing purchaser under	54937
this division. Such a purchaser may elect to self-assess the	54938
excise tax imposed by this section at the rate of $.00075 per	54939
kilowatt hour on the first five hundred four million kilowatt	54940
hours distributed to that meter or location during the	54941
registration year, and ~~four per cent~~a percentage of the total	54942
price of all electricity distributed to that meter or location	54943
equal to four per cent through the meter reading period that	54944
includes June 30, 2008, and three and one-half per cent beginning	54945
for the meter reading period including July 1, 2008, and	54946
thereafter. A qualified end user that receives electricity through	54947
a meter of an end user in this state or through more than one	54948
meter at a single location in this state and that consumes, over	54949
the course of the previous calendar year, more than forty-five	54950
million kilowatt hours in other than its qualifying manufacturing	54951
process, may elect to self-assess the tax as allowed by this	54952
division with respect to the electricity used in other than its	54953
qualifying manufacturing process. ~~Until January 1, 2003, payment~~	54954
~~of the tax shall be made directly to the treasurer of state in~~	54955
~~accordance with divisions (A)(4) and (5) of section 5727.82 of the~~	54956
~~Revised Code. Beginning January 1, 2003, payment~~	54957

Payment of the tax shall be made directly to the tax	54958
commissioner in accordance with divisions (A)(4) and (5) of	54959
section 5727.82 of the Revised Code, or the treasurer of state in	54960
accordance with section 5727.83 of the Revised Code. If the	54961
electric distribution company serving the self-assessing purchaser	54962
is a municipal electric utility and the purchaser is within the	54963
municipal corporation's corporate limits, payment shall be made to	54964
such municipal corporation's general fund and reports shall be	54965
filed in accordance with divisions (A)(4) and (5) of section	54966
5727.82 of the Revised Code, except that "municipal corporation"	54967
shall be substituted for "treasurer of state" and "tax	54968
commissioner." A self-assessing purchaser that pays the excise tax	54969
as provided in this division shall not be required to pay the tax	54970
to the electric distribution company from which its electricity is	54971
distributed. If a self-assessing purchaser's receipt of	54972
electricity is not subject to the tax as measured under this	54973
division, the tax on the receipt of such electricity shall be	54974
measured and paid as provided in division (A) of this section.	54975

(3) In the case of the acquisition of a package, unless the	54976
elements of the package are separately stated isolating the total	54977
price of electricity from the price of the remaining elements of	54978
the package, the tax imposed under this section applies to the	54979
entire price of the package. If the elements of the package are	54980
separately stated, the tax imposed under this section applies to	54981
the total price of the electricity.	54982

(4) Any electric supplier that sells electricity as part of a	54983
package shall separately state to the purchaser the total price of	54984
the electricity and, upon request by the tax commissioner, the	54985
total price of each of the other elements of the package.	54986

(5) The tax commissioner may adopt rules relating to the	54987
computation of the total price of electricity with respect to	54988
self-assessing purchasers, which may include rules to establish	54989
the total price of electricity purchased as part of a package.	54990

(6) An annual application for registration as a	54991
self-assessing purchaser shall be made for each qualifying meter	54992
or location on a form prescribed by the tax commissioner. The	54993
registration year begins on the first day of May and ends on the	54994
following thirtieth day of April. Persons may apply after the	54995
first day of May for the remainder of the registration year. In	54996
the case of an applicant applying on the basis of an estimated	54997
consumption of forty-five million kilowatt hours over the course	54998
of the succeeding twelve months, the applicant shall provide such	54999
information as the tax commissioner considers to be necessary to	55000
estimate such consumption. At the time of making the application	55001
and by the first day of May of each year, ~~excluding May 1, 2000,~~ a	55002
self-assessing purchaser shall pay a fee of five hundred dollars	55003
to the tax commissioner, or to the treasurer of state as provided	55004
in section 5727.83 of the Revised Code, for each qualifying meter	55005
or location. The tax commissioner shall immediately pay to the	55006
treasurer of state all amounts that the tax commissioner receives	55007
under this section. The treasurer of state shall deposit such	55008
amounts into the kilowatt hour excise tax administration fund,	55009
which is hereby created in the state treasury. Money in the fund	55010
shall be used to defray the tax commissioner's cost in	55011
administering the tax owed under section 5727.81 of the Revised	55012
Code by self-assessing purchasers. After the application is	55013
approved by the tax commissioner, the registration shall remain in	55014
effect for the current registration year, or until canceled by the	55015
registrant upon written notification to the commissioner of the	55016
election to pay the tax in accordance with division (A) of this	55017
section, or until canceled by the tax commissioner for not paying	55018
the tax or fee under division (C) of this section or for not	55019
meeting the qualifications in division (C)(2) of this section. The	55020
tax commissioner shall give written notice to the electric	55021
distribution company from which electricity is delivered to a	55022
self-assessing purchaser of the purchaser's self-assessing status,	55023
and the electric distribution company is relieved of the	55024
obligation to pay the tax imposed by division (A) of this section	55025
for electricity distributed to that self-assessing purchaser until	55026
it is notified by the tax commissioner that the self-assessing	55027
purchaser's registration is canceled. Within fifteen days of	55028
notification of the canceled registration, the electric	55029
distribution company shall be responsible for payment of the tax	55030
imposed by division (A) of this section on electricity distributed	55031
to a purchaser that is no longer registered as a self-assessing	55032
purchaser. A self-assessing purchaser with a canceled registration	55033
must file a report and remit the tax imposed by division (A) of	55034
this section on all electricity it receives for any measurement	55035
period prior to the tax being reported and paid by the electric	55036
distribution company. A self-assessing purchaser whose	55037
registration is canceled by the tax commissioner is not eligible	55038
to register as a self-assessing purchaser for two years after the	55039
registration is canceled.	55040

(7) If the tax commissioner cancels the self-assessing	55041
registration of a purchaser registered on the basis of its	55042
estimated consumption because the purchaser does not consume at	55043
least forty-five million kilowatt hours of electricity over the	55044
course of the twelve-month period for which the estimate was made,	55045
the tax commissioner shall assess and collect from the purchaser	55046
the difference between (a) the amount of tax that would have been	55047
payable under division (A) of this section on the electricity	55048
distributed to the purchaser during that period and (b) the amount	55049
of tax paid by the purchaser on such electricity pursuant to	55050
division (C)(2)(a) of this section. The assessment shall be paid	55051
within sixty days after the tax commissioner issues it, regardless	55052
of whether the purchaser files a petition for reassessment under	55053
section 5727.89 of the Revised Code covering that period. If the	55054
purchaser does not pay the assessment within the time prescribed,	55055
the amount assessed is subject to the additional charge and the	55056
interest prescribed by divisions (B) and (C) of section 5727.82 of	55057
the Revised Code, and is subject to assessment under section	55058
5727.89 of the Revised Code. If the purchaser is a qualified end	55059
user, division (C)(7) of this section applies only to electricity	55060
it consumes in other than its qualifying manufacturing process.	55061

(D) The tax imposed by this section does not apply to the	55062
distribution of any kilowatt hours of electricity to the federal	55063
government, to an end user located at a federal facility that uses	55064
electricity for the enrichment of uranium, to a qualified	55065
regeneration meter, or to an end user for any day the end user is	55066
a qualified end user. The exemption under this division for a	55067
qualified end user only applies to the manufacturing location	55068
where the qualified end user uses more than three million kilowatt	55069
hours per day in a qualifying manufacturing process.	55070

Sec. 5727.84. (A) As used in this section and sections	55071
5727.85, 5727.86, and 5727.87 of the Revised Code:	55072

(1) "School district" means a city, local, or exempted	55073
village school district.	55074

(2) "Joint vocational school district" means a joint	55075
vocational school district created under section 3311.16 of the	55076
Revised Code, and includes a cooperative education school district	55077
created under section 3311.52 or 3311.521 of the Revised Code and	55078
a county school financing district created under section 3311.50	55079
of the Revised Code.	55080

(3) "Local taxing unit" means a subdivision or taxing unit,	55081
as defined in section 5705.01 of the Revised Code, a park district	55082
created under Chapter 1545. of the Revised Code, or a township	55083
park district established under section 511.23 of the Revised	55084
Code, but excludes school districts and joint vocational school	55085
districts.	55086

(4) "State education aid," for a school district, means the	55087
sum of state aid amounts computed for the district under	55088
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	55089
3317.022; divisions (B), (C), and (D) of section 3317.023;	55090
divisions (G), (L), and (N) of section 3317.024; and sections	55091
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	55092
3317.053 of the Revised Code; and the adjustments required by:	55093
division (C) of section 3310.08; division (C)(2) of section	55094
3310.41; section 3310.55; division (C) of section 3314.08;	55095
division (D) of section 3314.13; divisions (E), (K), (L), (M),	55096
(N), and (O) of section 3317.023; division (C) of section 3317.20;	55097
and sections 3313.979 and 3313.981 of the Revised Code. However,	55098
when calculating state education aid for a school district for	55099
fiscal years ~~2006~~2008 and ~~2007~~2009, include the amount computed	55100
for the district under Section ~~206.09.21~~269.20.80 of ~~Am. Sub.~~	55101
H.B. 66119 of the ~~126th~~127th general assembly, as subsequently	55102
amended, instead of division (D) of section 3317.022 of the	55103
Revised Code; and include amounts calculated under Section	55104
~~206.09.39~~269.30.80 of ~~that~~this act, as subsequently amended~~; and~~	55105
~~account for adjustments under division (C)(2) of section 3310.41~~	55106
~~of the Revised Code~~.	55107

(5) "State education aid," for a joint vocational school	55108
district, means the sum of the state aid amounts computed for the	55109
district under division (N) of section 3317.024 and section	55110
3317.16 of the Revised Code. However, when calculating state	55111
education aid for a joint vocational school district for fiscal	55112
years ~~2006~~2008 and ~~2007~~2009, include the amount computed for the	55113
district under Section ~~206.09.42~~269.30.90 of ~~Am. Sub.~~ H.B. 66119	55114
of the ~~126th~~127th general assembly, as subsequently amended.	55115

(6) "State education aid offset" means the amount determined	55116
for each school district or joint vocational school district under	55117
division (A)(1) of section 5727.85 of the Revised Code.	55118

(7) "Recognized valuation" has the same meaning as in section	55119
3317.02 of the Revised Code.	55120

(8) "Electric company tax value loss" means the amount	55121
determined under division (D) of this section.	55122

(9) "Natural gas company tax value loss" means the amount	55123
determined under division (E) of this section.	55124

(10) "Tax value loss" means the sum of the electric company	55125
tax value loss and the natural gas company tax value loss.	55126

(11) "Fixed-rate levy" means any tax levied on property other	55127
than a fixed-sum levy.	55128

(12) "Fixed-rate levy loss" means the amount determined under	55129
division (G) of this section.	55130

(13) "Fixed-sum levy" means a tax levied on property at	55131
whatever rate is required to produce a specified amount of tax	55132
money or levied in excess of the ten-mill limitation to pay debt	55133
charges, and includes school district emergency levies imposed	55134
pursuant to section 5705.194 of the Revised Code.	55135

(14) "Fixed-sum levy loss" means the amount determined under	55136
division (H) of this section.	55137

(15) "Consumer price index" means the consumer price index	55138
(all items, all urban consumers) prepared by the bureau of labor	55139
statistics of the United States department of labor.	55140

(B) The kilowatt-hour tax receipts fund is hereby created in	55141
the state treasury and shall consist of money arising from the tax	55142
imposed by section 5727.81 of the Revised Code. All money in the	55143
kilowatt-hour tax receipts fund shall be credited as follows:	55144

(1) ~~Fifty-nine and nine hundred seventy-six one-thousandths~~	55145
Sixty-three per cent, shall be credited to the general revenue	55146
fund.	55147

(2) ~~Two and six hundred forty-six one-thousandths per cent~~	55148
~~shall be credited to the local government fund, for distribution~~	55149
~~in accordance with section 5747.50 of the Revised Code.~~	55150

~~(3) Three hundred seventy-eight one-thousandths per cent~~	55151
~~shall be credited to the local government revenue assistance fund,~~	55152
~~for distribution in accordance with section 5747.61 of the Revised~~	55153
~~Code.~~	55154

~~(4)~~ Twenty-five and four-tenths per cent shall be credited to	55155
the school district property tax replacement fund, which is hereby	55156
created in the state treasury for the purpose of making the	55157
payments described in section 5727.85 of the Revised Code.	55158

~~(5)~~(3) Eleven and six-tenths per cent shall be credited to	55159
the local government property tax replacement fund, which is	55160
hereby created in the state treasury for the purpose of making the	55161
payments described in section 5727.86 of the Revised Code.	55162

(C) The natural gas tax receipts fund is hereby created in	55163
the state treasury and shall consist of money arising from the tax	55164
imposed by section 5727.811 of the Revised Code. All money in the	55165
fund shall be credited as follows:	55166

(1) Sixty-eight and seven-tenths per cent shall be credited	55167
to the school district property tax replacement fund for the	55168
purpose of making the payments described in section 5727.85 of the	55169
Revised Code.	55170

(2) Thirty-one and three-tenths per cent shall be credited to	55171
the local government property tax replacement fund for the purpose	55172
of making the payments described in section 5727.86 of the Revised	55173
Code.	55174

(D) Not later than January 1, 2002, the tax commissioner	55175
shall determine for each taxing district its electric company tax	55176
value loss, which is the sum of the applicable amounts described	55177
in divisions (D)(1) to ~~(3)~~(4) of this section:	55178

(1) The difference obtained by subtracting the amount	55179
described in division (D)(1)(b) from the amount described in	55180
division (D)(1)(a) of this section.	55181

(a) The value of electric company and rural electric company	55182
tangible personal property as assessed by the tax commissioner for	55183
tax year 1998 on a preliminary assessment, or an amended	55184
preliminary assessment if issued prior to March 1, 1999, and as	55185
apportioned to the taxing district for tax year 1998;	55186

(b) The value of electric company and rural electric company	55187
tangible personal property as assessed by the tax commissioner for	55188
tax year 1998 had the property been apportioned to the taxing	55189
district for tax year 2001, and assessed at the rates in effect	55190
for tax year 2001.	55191

(2) The difference obtained by subtracting the amount	55192
described in division (D)(2)(b) from the amount described in	55193
division (D)(2)(a) of this section.	55194

(a) The three-year average for tax years 1996, 1997, and 1998	55195
of the assessed value from nuclear fuel materials and assemblies	55196
assessed against a person under Chapter 5711. of the Revised Code	55197
from the leasing of them to an electric company for those	55198
respective tax years, as reflected in the preliminary assessments;	55199

(b) The three-year average assessed value from nuclear fuel	55200
materials and assemblies assessed under division (D)(2)(a) of this	55201
section for tax years 1996, 1997, and 1998, as reflected in the	55202
preliminary assessments, using an assessment rate of twenty-five	55203
per cent.	55204

(3) In the case of a taxing district having a nuclear power	55205
plant within its territory, any amount, resulting in an electric	55206
company tax value loss, obtained by subtracting the amount	55207
described in division (D)(1) of this section from the difference	55208
obtained by subtracting the amount described in division (D)(3)(b)	55209
of this section from the amount described in division (D)(3)(a) of	55210
this section.	55211

(a) The value of electric company tangible personal property	55212
as assessed by the tax commissioner for tax year 2000 on a	55213
preliminary assessment, or an amended preliminary assessment if	55214
issued prior to March 1, 2001, and as apportioned to the taxing	55215
district for tax year 2000;	55216

(b) The value of electric company tangible personal property	55217
as assessed by the tax commissioner for tax year 2001 on a	55218
preliminary assessment, or an amended preliminary assessment if	55219
issued prior to March 1, 2002, and as apportioned to the taxing	55220
district for tax year 2001.	55221

(4) In the case of a taxing district having a nuclear power	55222
plant within its territory, the difference obtained by subtracting	55223
the amount described in division (D)(4)(b) of this section from	55224
the amount described in division (D)(4)(a) of this section,	55225
provided that such difference is greater than ten per cent of the	55226
amount described in division (D)(4)(a) of this section.	55227

(a) The value of electric company tangible personal property	55228
as assessed by the tax commissioner for tax year 2005 on a	55229
preliminary assessment, or an amended preliminary assessment if	55230
issued prior to March 1, 2006, and as apportioned to the taxing	55231
district for tax year 2005;	55232

(b) The value of electric company tangible personal property	55233
as assessed by the tax commissioner for tax year 2006 on a	55234
preliminary assessment, or an amended preliminary assessment if	55235
issued prior to March 1, 2007, and as apportioned to the taxing	55236
district for tax year 2006.	55237

(E) Not later than January 1, 2002, the tax commissioner	55238
shall determine for each taxing district its natural gas company	55239
tax value loss, which is the sum of the amounts described in	55240
divisions (E)(1) and (2) of this section:	55241

(1) The difference obtained by subtracting the amount	55242
described in division (E)(1)(b) from the amount described in	55243
division (E)(1)(a) of this section.	55244

(a) The value of all natural gas company tangible personal	55245
property, other than property described in division (E)(2) of this	55246
section, as assessed by the tax commissioner for tax year 1999 on	55247
a preliminary assessment, or an amended preliminary assessment if	55248
issued prior to March 1, 2000, and apportioned to the taxing	55249
district for tax year 1999;	55250

(b) The value of all natural gas company tangible personal	55251
property, other than property described in division (E)(2) of this	55252
section, as assessed by the tax commissioner for tax year 1999 had	55253
the property been apportioned to the taxing district for tax year	55254
2001, and assessed at the rates in effect for tax year 2001.	55255

(2) The difference in the value of current gas obtained by	55256
subtracting the amount described in division (E)(2)(b) from the	55257
amount described in division (E)(2)(a) of this section.	55258

(a) The three-year average assessed value of current gas as	55259
assessed by the tax commissioner for tax years 1997, 1998, and	55260
1999 on a preliminary assessment, or an amended preliminary	55261
assessment if issued prior to March 1, 2001, and as apportioned in	55262
the taxing district for those respective years;	55263

(b) The three-year average assessed value from current gas	55264
under division (E)(2)(a) of this section for tax years 1997, 1998,	55265
and 1999, as reflected in the preliminary assessment, using an	55266
assessment rate of twenty-five per cent.	55267

(F) The tax commissioner may request that natural gas	55268
companies, electric companies, and rural electric companies file a	55269
report to help determine the tax value loss under divisions (D)	55270
and (E) of this section. The report shall be filed within thirty	55271
days of the commissioner's request. A company that fails to file	55272
the report or does not timely file the report is subject to the	55273
penalty in section 5727.60 of the Revised Code.	55274

(G) Not later than January 1, 2002, the tax commissioner	55275
shall determine for each school district, joint vocational school	55276
district, and local taxing unit its fixed-rate levy loss, which is	55277
the sum of its electric company tax value loss multiplied by the	55278
tax rate in effect in tax year 1998 for fixed-rate levies and its	55279
natural gas company tax value loss multiplied by the tax rate in	55280
effect in tax year 1999 for fixed-rate levies.	55281

(H) Not later than January 1, 2002, the tax commissioner	55282
shall determine for each school district, joint vocational school	55283
district, and local taxing unit its fixed-sum levy loss, which is	55284
the amount obtained by subtracting the amount described in	55285
division (H)(2) of this section from the amount described in	55286
division (H)(1) of this section:	55287

(1) The sum of the electric company tax value loss multiplied	55288
by the tax rate in effect in tax year 1998, and the natural gas	55289
company tax value loss multiplied by the tax rate in effect in tax	55290
year 1999, for fixed-sum levies for all taxing districts within	55291
each school district, joint vocational school district, and local	55292
taxing unit. For the years 2002 through 2006, this computation	55293
shall include school district emergency levies that existed in	55294
1998 in the case of the electric company tax value loss, and 1999	55295
in the case of the natural gas company tax value loss, and all	55296
other fixed-sum levies that existed in 1998 in the case of the	55297
electric company tax value loss and 1999 in the case of the	55298
natural gas company tax value loss and continue to be charged in	55299
the tax year preceding the distribution year. For the years 2007	55300
through 2016 in the case of school district emergency levies, and	55301
for all years after 2006 in the case of all other fixed-sum	55302
levies, this computation shall exclude all fixed-sum levies that	55303
existed in 1998 in the case of the electric company tax value loss	55304
and 1999 in the case of the natural gas company tax value loss,	55305
but are no longer in effect in the tax year preceding the	55306
distribution year. For the purposes of this section, an emergency	55307
levy that existed in 1998 in the case of the electric company tax	55308
value loss, and 1999 in the case of the natural gas company tax	55309
value loss, continues to exist in a year beginning on or after	55310
January 1, 2007, but before January 1, 2017, if, in that year, the	55311
board of education levies a school district emergency levy for an	55312
annual sum at least equal to the annual sum levied by the board in	55313
tax year 1998 or 1999, respectively, less the amount of the	55314
payment certified under this division for 2002.	55315

(2) The total taxable value in tax year 1999 less the tax	55316
value loss in each school district, joint vocational school	55317
district, and local taxing unit multiplied by one-fourth of one	55318
mill.	55319

If the amount computed under division (H) of this section for	55320
any school district, joint vocational school district, or local	55321
taxing unit is greater than zero, that amount shall equal the	55322
fixed-sum levy loss reimbursed pursuant to division (E) of section	55323
5727.85 of the Revised Code or division (A)(2) of section 5727.86	55324
of the Revised Code, and the one-fourth of one mill that is	55325
subtracted under division (H)(2) of this section shall be	55326
apportioned among all contributing fixed-sum levies in the	55327
proportion of each levy to the sum of all fixed-sum levies within	55328
each school district, joint vocational school district, or local	55329
taxing unit.	55330

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	55331
section, in computing the tax value loss, fixed-rate levy loss,	55332
and fixed-sum levy loss, the tax commissioner shall use the	55333
greater of the 1998 tax rate or the 1999 tax rate in the case of	55334
levy losses associated with the electric company tax value loss,	55335
but the 1999 tax rate shall not include for this purpose any tax	55336
levy approved by the voters after June 30, 1999, and the tax	55337
commissioner shall use the greater of the 1999 or the 2000 tax	55338
rate in the case of levy losses associated with the natural gas	55339
company tax value loss.	55340

(J) Not later than January 1, 2002, the tax commissioner	55341
shall certify to the department of education the tax value loss	55342
determined under divisions (D) and (E) of this section for each	55343
taxing district, the fixed-rate levy loss calculated under	55344
division (G) of this section, and the fixed-sum levy loss	55345
calculated under division (H) of this section. The calculations	55346
under divisions (G) and (H) of this section shall separately	55347
display the levy loss for each levy eligible for reimbursement.	55348

(K) Not later than September 1, 2001, the tax commissioner	55349
shall certify the amount of the fixed-sum levy loss to the county	55350
auditor of each county in which a school district with a fixed-sum	55351
levy loss has territory.	55352

Sec. 5727.85. (A) By the thirty-first day of July of each	55353
year, beginning in 2002 and ending in 2016, the department of	55354
education shall determine the following for each school district	55355
and each joint vocational school district eligible for payment	55356
under division (C) or (D) of this section:	55357

(1) The state education aid offset, which is the difference	55358
obtained by subtracting the amount described in division (A)(1)(b)	55359
of this section from the amount described in division (A)(1)(a) of	55360
this section:	55361

(a) The state education aid computed for the school district	55362
or joint vocational school district for the current fiscal year as	55363
of the thirty-first day of July;	55364

(b) The state education aid that would be computed for the	55365
school district or joint vocational school district for the	55366
current fiscal year as of the thirty-first day of July if the	55367
recognized valuation included the tax value loss for the school	55368
district or joint vocational school district.	55369

(2) The greater of zero or the difference obtained by	55370
subtracting the state education aid offset determined under	55371
division (A)(1) of this section from the fixed-rate levy loss	55372
certified under division (J) of section 5727.84 of the Revised	55373
Code for all taxing districts in each school district and joint	55374
vocational school district.	55375

By the fifth day of August of each such year, the department	55376
of education shall certify the amount so determined under division	55377
(A)(1) of this section to the director of budget and management.	55378

(B) Not later than the thirty-first day of October of the	55379
years 2006 through 2016, the department of education shall	55380
determine all of the following for each school district:	55381

(1) The amount obtained by subtracting the district's state	55382
education aid computed for fiscal year 2002 from the district's	55383
state education aid computed for the current fiscal year;	55384

(2) The inflation-adjusted property tax loss. The	55385
inflation-adjusted property tax loss equals the fixed-rate levy	55386
loss, excluding the tax loss from levies within the ten-mill	55387
limitation to pay debt charges, determined under division (G) of	55388
section 5727.84 of the Revised Code for all taxing districts in	55389
each school district, plus the product obtained by multiplying	55390
that loss by the cumulative percentage increase in the consumer	55391
price index from January 1, 2002, to the thirtieth day of June of	55392
the current year.	55393

(3) The difference obtained by subtracting the amount	55394
computed under division (B)(1) from the amount of the	55395
inflation-adjusted property tax loss. If this difference is zero	55396
or a negative number, no further payments shall be made under	55397
division (C) of this section to the school district from the	55398
school district property tax replacement fund.	55399

(C) The department of education shall pay from the school	55400
district property tax replacement fund to each school district all	55401
of the following:	55402

(1) In February 2002, one-half of the fixed-rate levy loss	55403
certified under division (J) of section 5727.84 of the Revised	55404
Code between the twenty-first and twenty-eighth days of February.	55405

(2) From August 2002 through August 2017, one-half of the	55406
amount calculated for that fiscal year under division (A)(2) of	55407
this section between the twenty-first and twenty-eighth days of	55408
August and of February, provided the difference computed under	55409
division (B)(3) of this section is not less than or equal to zero.	55410

For taxes levied within the ten-mill limitation for debt	55411
purposes in tax year 1998 in the case of electric company tax	55412
value losses, and in tax year 1999 in the case of natural gas	55413
company tax value losses, payments shall be made equal to one	55414
hundred per cent of the loss computed as if the tax were a	55415
fixed-rate levy, but those payments shall extend from fiscal year	55416
2006 through fiscal year 2016.	55417

The department of education shall report to each school	55418
district the apportionment of the payments among the school	55419
district's funds based on the certifications under division (J) of	55420
section 5727.84 of the Revised Code.	55421

(D) Not later than January 1, 2002, for all taxing districts	55422
in each joint vocational school district, the tax commissioner	55423
shall certify to the department of education the fixed-rate levy	55424
loss determined under division (G) of section 5727.84 of the	55425
Revised Code. From February 2002 to August 2016, the department	55426
shall pay from the school district property tax replacement fund	55427
to the joint vocational school district one-half of the amount	55428
calculated for that fiscal year under division (A)(2) of this	55429
section between the twenty-first and twenty-eighth days of August	55430
and of February.	55431

(E)(1) Not later than January 1, 2002, for each fixed-sum	55432
levy levied by each school district or joint vocational school	55433
district and for each year for which a determination is made under	55434
division (H) of section 5727.84 of the Revised Code that a	55435
fixed-sum levy loss is to be reimbursed, the tax commissioner	55436
shall certify to the department of education the fixed-sum levy	55437
loss determined under that division. The certification shall cover	55438
a time period sufficient to include all fixed-sum levies for which	55439
the tax commissioner made such a determination. The department	55440
shall pay from the school district property tax replacement fund	55441
to the school district or joint vocational school district	55442
one-half of the fixed-sum levy loss so certified for each year	55443
between the twenty-first and twenty-eighth days of August and of	55444
February.	55445

(2) Beginning in 2003, by the thirty-first day of January of	55446
each year, the tax commissioner shall review the certification	55447
originally made under division (E)(1) of this section. If the	55448
commissioner determines that a debt levy that had been scheduled	55449
to be reimbursed in the current year has expired, a revised	55450
certification for that and all subsequent years shall be made to	55451
the department of education.	55452

(F) If the balance of the half-mill equalization fund created	55453
under section 3318.18 of the Revised Code is insufficient to make	55454
the full amount of payments required under division (D) of that	55455
section, the department of education, at the end of the third	55456
quarter of the fiscal year, shall certify to the director of	55457
budget and management the amount of the deficiency, and the	55458
director shall transfer an amount equal to the deficiency from the	55459
school district property tax replacement fund to the half-mill	55460
equalization fund.	55461

(G) Beginning in August 2002, and ending in May 2017, the	55462
director of budget and management shall transfer from the school	55463
district property tax replacement fund to the general revenue fund	55464
each of the following:	55465

(1) Between the twenty-eighth day of August and the fifth day	55466
of September, the lesser of one-half of the amount certified for	55467
that fiscal year under division (A)(2) of this section or the	55468
balance in the school district property tax replacement fund;	55469

(2) Between the first and fifth days of May, the lesser of	55470
one-half of the amount certified for that fiscal year under	55471
division (A)(2) of this section or the balance in the school	55472
district property tax replacement fund.	55473

(H) On the first day of June each year, the director of	55474
budget and management shall transfer any balance remaining in the	55475
school district property tax replacement fund after the payments	55476
have been made under divisions (C), (D), (E), (F), and (G) of this	55477
section to the half-mill equalization fund created under section	55478
3318.18 of the Revised Code to the extent required to make any	55479
payments in the current fiscal year under that section, and shall	55480
transfer the remaining balance to the general revenue fund.	55481

(I) From fiscal year 2002 through fiscal year 2016, if the	55482
total amount in the school district property tax replacement fund	55483
is insufficient to make all payments under divisions (C), (D),	55484
(E), and (F) of this section at the time the payments are to be	55485
made, the director of budget and management shall transfer from	55486
the general revenue fund to the school district property tax	55487
replacement fund the difference between the total amount to be	55488
paid and the total amount in the school district property tax	55489
replacement fund, except that no transfer shall be made by reason	55490
of a deficiency to the extent that it results from the amendment	55491
of section 5727.84 of the Revised Code by Amended Substitute House	55492
Bill No. 95 of the 125th general assembly.	55493

(J) If all of the territory of a school district or joint	55494
vocational school district is merged with an existing district, or	55495
if a part of the territory of a school district or joint	55496
vocational school district is transferred to an existing or new	55497
district, the department of education, in consultation with the	55498
tax commissioner, shall adjust the payments made under this	55499
section as follows:	55500

(1) For the merger of all of the territory of two or more	55501
districts, the fixed-rate levy loss and the fixed-sum levy loss of	55502
the successor district shall be equal to the sum of the fixed-rate	55503
levy losses and the fixed-sum levy losses for each of the	55504
districts involved in the merger.	55505

(2) For the transfer of a part of one district's territory to	55506
an existing district, the amount of the fixed-rate levy loss that	55507
is transferred to the recipient district shall be an amount equal	55508
to the transferring district's total fixed-rate levy loss times a	55509
fraction, the numerator of which is the value of electric company	55510
tangible personal property located in the part of the territory	55511
that was transferred, and the denominator of which is the total	55512
value of electric company tangible personal property located in	55513
the entire district from which the territory was transferred. The	55514
value of electric company tangible personal property under this	55515
division shall be determined for the most recent year for which	55516
data is available. Fixed-sum levy losses for both districts shall	55517
be determined under division (J)(4) of this section.	55518

(3) For the transfer of a part of the territory of one or	55519
more districts to create a new district:	55520

(a) If the new district is created on or after January 1,	55521
2000, but before January 1, 2005, the new district shall be paid	55522
its current fixed-rate levy loss through August ~~2008~~2009. From	55523
February ~~2009~~2010 to August 2016, the new district shall be paid	55524
the lesser of: (i) the amount calculated under division (C)(2) of	55525
this section or (ii) an amount equal to the new district's	55526
fixed-rate levy loss multiplied by the percentage prescribed by	55527
the following schedule:	55528

YEAR	PERCENTAGE	55529
~~2009~~	~~75%~~	55530
2010	70%	55531
2011	70%	55532
2012	60%	55533
2013	50%	55534
2014	40%	55535
2015	24%	55536
2016	11.5%	55537
2017 and thereafter	0%	55538

Fixed-sum levy losses for the districts shall be determined	55539
under division (J)(4) of this section.	55540

(b) If the new district is created on or after January 1,	55541
2005, the new district shall be deemed not to have any fixed-rate	55542
levy loss or, except as provided in division (J)(4) of this	55543
section, fixed-sum levy loss. The district or districts from which	55544
the territory was transferred shall have no reduction in their	55545
fixed-rate levy loss, or, except as provided in division (J)(4) of	55546
this section, their fixed-sum levy loss.	55547

(4) If a recipient district under division (J)(2) of this	55548
section or a new district under division (J)(3)(a) or (b) of this	55549
section takes on debt from one or more of the districts from which	55550
territory was transferred, and any of the districts transferring	55551
the territory had fixed-sum levy losses, the department of	55552
education, in consultation with the tax commissioner, shall make	55553
an equitable division of the fixed-sum levy losses.	55554

(K) There is hereby created the public utility property tax	55555
study committee, effective January 1, 2011. The committee shall	55556
consist of the following seven members: the tax commissioner,	55557
three members of the senate appointed by the president of the	55558
senate, and three members of the house of representatives	55559
appointed by the speaker of the house of representatives. The	55560
appointments shall be made not later than January 31, 2011. The	55561
tax commissioner shall be the chairperson of the committee.	55562

The committee shall study the extent to which each school	55563
district or joint vocational school district has been compensated,	55564
under sections 5727.84 and 5727.85 of the Revised Code as enacted	55565
by Substitute Senate Bill No. 3 of the 123rd general assembly and	55566
any subsequent acts, for the property tax loss caused by the	55567
reduction in the assessment rates for natural gas, electric, and	55568
rural electric company tangible personal property. Not later than	55569
June 30, 2011, the committee shall issue a report of its findings,	55570
including any recommendations for providing additional	55571
compensation for the property tax loss or regarding remedial	55572
legislation, to the president of the senate and the speaker of the	55573
house of representatives, at which time the committee shall cease	55574
to exist.	55575

The department of taxation and department of education shall	55576
provide such information and assistance as is required for the	55577
committee to carry out its duties.	55578

Sec. 5727.86. (A) Not later than January 1, 2002, the tax	55579
commissioner shall compute the payments to be made to each local	55580
taxing unit for each year according to divisions (A)(1), (2), (3),	55581
and (4) and division (E) of this section, and shall distribute the	55582
payments in the manner prescribed by division (C) of this section.	55583
The calculation of the fixed-sum levy loss shall cover a time	55584
period sufficient to include all fixed-sum levies for which the	55585
tax commissioner determined, pursuant to division (H) of section	55586
5727.84 of the Revised Code, that a fixed-sum levy loss is to be	55587
reimbursed.	55588

(1) Except as provided in divisions (A)(3) and (4) of this	55589
section, for fixed-rate levy losses determined under division (G)	55590
of section 5727.84 of the Revised Code, payments shall be made in	55591
each of the following years at the following percentage of the	55592
fixed-rate levy loss certified under division (A) of this section:	55593

YEAR	PERCENTAGE	55594
2002	100%	55595
2003	100%	55596
2004	100%	55597
2005	100%	55598
2006	100%	55599
2007	80%	55600
2008	80%	55601
2009	80%	55602
2010	80%	55603
2011	80%	55604
2012	66.7%	55605
2013	53.4%	55606
2014	40.1%	55607
2015	26.8%	55608
2016	13.5%	55609
2017 and thereafter	0%	55610

(2) For fixed-sum levy losses determined under division (H)	55611
of section 5727.84 of the Revised Code, payments shall be made in	55612
the amount of one hundred per cent of the fixed-sum levy loss for	55613
payments required to be made in 2002 and thereafter.	55614

(3) A local taxing unit in a county of less than two hundred	55615
fifty square miles that receives eighty per cent or more of its	55616
combined general fund and bond retirement fund revenues from	55617
property taxes and rollbacks based on 1997 actual revenues as	55618
presented in its 1999 tax budget, and in which electric companies	55619
and rural electric companies comprise over twenty per cent of its	55620
property valuation, shall receive one hundred per cent of its	55621
fixed-rate levy losses from electric company tax value losses	55622
certified under division (A) of this section in years 2002 to	55623
2016.	55624

(4) For taxes levied within the ten-mill limitation for debt	55625
purposes in tax year 1998 in the case of electric company tax	55626
value losses, and in tax year 1999 in the case of natural gas	55627
company tax value losses, payments shall be made equal to one	55628
hundred per cent of the loss computed as if the tax were a	55629
fixed-rate levy, but those payments shall extend from fiscal year	55630
2006 through fiscal year 2016.	55631

(B) Beginning in 2003, by the thirty-first day of January of	55632
each year, the tax commissioner shall review the calculation	55633
originally made under division (A) of this section of the	55634
fixed-sum levy loss determined under division (H) of section	55635
5727.84 of the Revised Code. If the commissioner determines that a	55636
fixed-sum levy that had been scheduled to be reimbursed in the	55637
current year has expired, a revised calculation for that and all	55638
subsequent years shall be made.	55639

(C) Payments to local taxing units required to be made under	55640
divisions (A) and (E) of this section shall be paid from the local	55641
government property tax replacement fund to the county undivided	55642
income tax fund in the proper county treasury. One-half of the	55643
amount certified under those divisions shall be paid between the	55644
twenty-first and twenty-eighth days of August and of February. The	55645
county treasurer shall distribute amounts paid under division (A)	55646
of this section to the proper local taxing unit as if they had	55647
been levied and collected as taxes, and the local taxing unit	55648
shall apportion the amounts so received among its funds in the	55649
same proportions as if those amounts had been levied and collected	55650
as taxes. ~~Amounts~~Except in the case of amounts distributed to the	55651
county as a local taxing unit, amounts distributed under division	55652
(E)(2) of this section shall be credited to the general fund of	55653
the local taxing unit that receives them. Amounts distributed to	55654
each county as a local taxing unit under division (E)(2) of this	55655
section shall be credited in the proportion that the current taxes	55656
charged and payable from each levy of or by the county bears to	55657
the total current taxes charged and payable from all levies of or	55658
by the county.	55659

(D) By February 5, 2002, the tax commissioner shall estimate	55660
the amount of money in the local government property tax	55661
replacement fund in excess of the amount necessary to make	55662
payments in that month under division (C) of this section.	55663
Notwithstanding division (A) of this section, the tax commissioner	55664
may pay any local taxing unit, from those excess funds, nine and	55665
four-tenths times the amount computed for 2002 under division	55666
(A)(1) of this section. A payment made under this division shall	55667
be in lieu of the payment to be made in February 2002 under	55668
division (A)(1) of this section. A local taxing unit receiving a	55669
payment under this division will no longer be entitled to any	55670
further payments under division (A)(1) of this section. A payment	55671
made under this division shall be paid from the local government	55672
property tax replacement fund to the county undivided income tax	55673
fund in the proper county treasury. The county treasurer shall	55674
distribute the payment to the proper local taxing unit as if it	55675
had been levied and collected as taxes, and the local taxing unit	55676
shall apportion the amounts so received among its funds in the	55677
same proportions as if those amounts had been levied and collected	55678
as taxes.	55679

(E)(1) On the thirty-first day of July of 2002, 2003, 2004,	55680
2005, and 2006, and on the thirty-first day of January and July of	55681
2007 and each year thereafter, if the amount credited to the local	55682
government property tax replacement fund exceeds the amount needed	55683
to be distributed from the fund under division (A) of this section	55684
in the following month, the tax commissioner shall distribute the	55685
excess to each county as follows:	55686

~~(1)~~(a) One-half shall be distributed to each county in	55687
proportion to each county's population.	55688

~~(2)~~(b) One-half shall be distributed to each county in the	55689
proportion that the amounts determined under divisions (G) and (H)	55690
of section 5727.84 of the Revised Code for all local taxing units	55691
in the county is of the total amounts so determined for all local	55692
taxing units in the state.	55693

(2) The amounts distributed to each county under ~~this~~	55694
division (E) of this section shall be distributed by the county	55695
~~treasurer~~auditor to each local taxing unit in the county in the	55696
proportion that the unit's current taxes charged and payable are	55697
of the total current taxes charged and payable of all the local	55698
taxing units in the county. If the amount that the county auditor	55699
determines to be distributed to a local taxing unit is less than	55700
five dollars, that amount shall not be distributed, and the amount	55701
not distributed shall remain credited to the county undivided	55702
income tax fund. At the time of the next distribution under	55703
division (E)(2) of this section, any amount that had not been	55704
distributed in the prior distribution shall be added to the amount	55705
available for the next distribution prior to calculation of the	55706
amount to be distributed. As used in this division, "current taxes	55707
charged and payable" means the taxes charged and payable as most	55708
recently determined for local taxing units in the county.	55709

(3) If, in the opinion of the tax commissioner, the excess	55710
remaining in the local government property tax replacement fund in	55711
any year is not sufficient to warrant distribution under ~~this~~	55712
division (E) of this section, the excess shall remain to the	55713
credit of the fund.	55714

(F) From fiscal year 2002 through fiscal year 2016, if the	55715
total amount in the local government property tax replacement fund	55716
is insufficient to make all payments under division (C) of this	55717
section at the times the payments are to be made, the director of	55718
budget and management shall transfer from the general revenue fund	55719
to the local government property tax replacement fund the	55720
difference between the total amount to be paid and the amount in	55721
the local government property tax replacement fund, except that no	55722
transfer shall be made by reason of a deficiency to the extent	55723
that it results from the amendment of section 5727.84 of the	55724
Revised Code by Amended Substitute House Bill 95 of the 125th	55725
general assembly.	55726

(G) If all or a part of the territories of two or more local	55727
taxing units are merged, or unincorporated territory of a township	55728
is annexed by a municipal corporation, the tax commissioner shall	55729
adjust the payments made under this section to each of the local	55730
taxing units in proportion to the tax value loss apportioned to	55731
the merged or annexed territory, or as otherwise provided by a	55732
written agreement between the legislative authorities of the local	55733
taxing units certified to the tax commissioner not later than the	55734
first day of June of the calendar year in which the payment is to	55735
be made.	55736

Sec. 5727.87. (A) As used in this section:

55737

(1) "Administrative fees" means the dollar percentages	55738
allowed by the county auditor for services or by the county	55739
treasurer as fees, or paid to the credit of the real estate	55740
assessment fund, under divisions (A) and ~~(B)~~(C) of section 319.54	55741
and division (A) of section 321.26 of the Revised Code.	55742

(2) "Administrative fee loss" means a county's loss of	55743
administrative fees due to its tax value loss, determined as	55744
follows:	55745

(a) For purposes of the determination made under division (B)	55746
of this section in the years 2002 through 2006, the administrative	55747
fee loss shall be computed by multiplying the amounts determined	55748
for all taxing districts in the county under divisions (G) and (H)	55749
of section 5727.84 of the Revised Code by nine thousand six	55750
hundred fifty-nine ten-thousandths of one per cent if total taxes	55751
collected in the county in 1999 exceeded one hundred fifty million	55752
dollars, or one and one thousand one hundred fifty-nine	55753
ten-thousandths of one per cent if total taxes collected in the	55754
county in 1999 were one hundred fifty million dollars or less;	55755

(b) For purposes of the determination under division (B) of	55756
this section in the years 2007 through 2011, the administrative	55757
fee loss shall be the lesser of the amount computed under division	55758
(A)(2)(a) of this section or the amount determined by subtracting	55759
from the dollar amount of administrative fees collected in the	55760
county in 1999, the dollar amount of administrative fees collected	55761
in the county in the current calendar year.	55762

(3) "Total taxes collected" means all money collected on any	55763
tax duplicate of the county, other than the estate tax duplicates.	55764
"Total taxes collected" does not include amounts received pursuant	55765
to divisions (F) and (G) of section 321.24 or section 323.156 of	55766
the Revised Code.	55767

(B) Not later than the thirty-first day of December of 2001	55768
through 2005, the tax commissioner shall certify to each county	55769
auditor the tax levy losses calculated under divisions (G) and (H)	55770
of section 5727.84 of the Revised Code for each school district,	55771
joint vocational school district, and local taxing unit in the	55772
county. Not later than the thirty-first day of January of 2002	55773
through 2011, the county auditor shall determine the	55774
administrative fee loss for the county and apportion that loss	55775
ratably among the school districts, joint vocational school	55776
districts, and local taxing units on the basis of the tax levy	55777
losses certified under this division.	55778

(C) On or before each of the days prescribed for the	55779
settlements under divisions (A) and (C) of section 321.24 of the	55780
Revised Code in the years 2002 through 2011, the county treasurer	55781
shall deduct one-half of the amount apportioned to each school	55782
district, joint vocational school district, and local taxing unit	55783
from the portions of revenue payable to them.	55784

(D) On or before each of the days prescribed for settlements	55785
under divisions (A) and (C) of section 321.24 of the Revised Code	55786
in the years 2002 through 2011, the county auditor shall cause to	55787
be deposited an amount equal to one-half of the amount of the	55788
administrative fee loss in the same funds as if allowed as	55789
administrative fees.	55790

After payment of the administrative fee loss on or before	55791
August 10, 2011, all payments under this section shall cease.	55792

Sec. 5733.12. (A) ~~Four and two-tenths per cent of all~~All	55793
payments received from the taxes imposed under sections 5733.06	55794
and 5733.41 of the Revised Code shall be credited to ~~the local~~	55795
~~government fund for distribution in accordance with section~~	55796
~~5747.50 of the Revised Code, six-tenths of one per cent shall be~~	55797
~~credited to the local government revenue assistance fund for~~	55798
~~distribution in accordance with section 5747.61 of the Revised~~	55799
~~Code, and ninety-five and two-tenths per cent shall be credited to~~	55800
the general revenue fund.	55801

(B) Except as otherwise provided under divisions (C) and (D)	55802
of this section, an application to refund to the corporation the	55803
amount of taxes imposed under section 5733.06 of the Revised Code	55804
that are overpaid, paid illegally or erroneously, or paid on any	55805
illegal, erroneous, or excessive assessment, with interest thereon	55806
as provided by section 5733.26 of the Revised Code, shall be filed	55807
with the tax commissioner, on the form prescribed by the	55808
commissioner, within three years from the date of the illegal,	55809
erroneous, or excessive payment of the tax, or within any	55810
additional period allowed by division (C)(2) of section 5733.031,	55811
division (D)(2) of section 5733.067, or division (A) of section	55812
5733.11 of the Revised Code. For purposes of division (B) of this	55813
section, any payment that the applicant made before the due date	55814
or extended due date for filing the report to which the payment	55815
relates shall be deemed to have been made on the due date or	55816
extended due date.	55817

On the filing of the refund application, the commissioner	55818
shall determine the amount of refund to which the applicant is	55819
entitled. If the amount is not less than that claimed the	55820
commissioner shall certify the amount to the director of budget	55821
and management and treasurer of state for payment from the tax	55822
refund fund created by section 5703.052 of the Revised Code. If	55823
the amount is less than that claimed, the commissioner shall	55824
proceed in accordance with section 5703.70 of the Revised Code.	55825

(C) "Ninety days" shall be substituted for "three years" in	55826
division (B) of this section if the taxpayer satisfies both of the	55827
following:	55828

(1) The taxpayer has applied for a refund based in whole or	55829
in part upon section 5733.0611 of the Revised Code;	55830

(2) The taxpayer asserts that the imposition or collection of	55831
the tax imposed or charged by section 5733.06 of the Revised Code	55832
or any portion of such tax violates the Constitution of the United	55833
States or the Constitution of this state.	55834

(D)(1) Division (D)(2) of this section applies only if all of	55835
the following conditions are satisfied:	55836

(a) A qualifying pass-through entity pays an amount of the	55837
tax imposed by section 5733.41 of the Revised Code;	55838

(b) The taxpayer is a qualifying investor as to that	55839
qualifying pass-through entity;	55840

(c) The taxpayer did not claim the credit provided for in	55841
section 5733.0611 of the Revised Code as to the tax described in	55842
division (D)(1)(a) of this section;	55843

(d) The three-year period described in division (B) of this	55844
section has ended as to the taxable year for which the taxpayer	55845
otherwise would have claimed that credit.	55846

(2) A taxpayer shall file an application for refund pursuant	55847
to this division within one year after the date the payment	55848
described in division (D)(1)(a) of this section is made. An	55849
application filed under this division shall only claim refund of	55850
overpayments resulting from the taxpayer's failure to claim the	55851
credit described in division (D)(1)(c) of this section. Nothing in	55852
this division shall be construed to relieve a taxpayer from	55853
complying with the provisions of division (I)(14) of section	55854
5733.04 of the Revised Code.	55855

Sec. 5733.39. (A) As used in this section:

55856

(1) "Compliance facility" means property that is designed,	55857
constructed, or installed, and used, at a coal-fired electric	55858
generating facility for the primary purpose of complying with acid	55859
rain control requirements under Title IV of the "Clean Air Act	55860
Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651, and that	55861
controls or limits emissions of sulfur or nitrogen compounds	55862
resulting from the combustion of coal through the removal or	55863
reduction of those compounds before, during, or after the	55864
combustion of the coal, but before the combustion products are	55865
emitted into the atmosphere. "Compliance facility" also includes	55866
any of the following:	55867

(a) A facility that removes sulfur compounds from coal before	55868
the combustion of the coal and that is located off the premises of	55869
the electric generating facility where the coal processed by the	55870
compliance facility is burned;	55871

(b) Modifications to the electric generating facility where	55872
the compliance facility is constructed or installed that are	55873
necessary to accommodate the construction or installation, and	55874
operation, of the compliance facility;	55875

(c) A byproduct disposal facility, as defined in section	55876
3734.051 of the Revised Code, that exclusively disposes of wastes	55877
produced by the compliance facility and other coal combustion	55878
byproducts produced by the generating unit in or to which the	55879
compliance facility is incorporated or connected regardless of	55880
whether the byproduct disposal facility is located on the same	55881
premises as the compliance facility or generating unit that	55882
produces the wastes disposed of at the facility;	55883

(d) Facilities or equipment that is acquired, constructed, or	55884
installed, and used, at a coal-fired electric generating facility	55885
exclusively for the purpose of handling the byproducts produced by	55886
the compliance facility or other coal combustion byproducts	55887
produced by the generating unit in or to which the compliance	55888
facility is incorporated or connected;	55889

(e) A flue gas desulfurization system that is connected to a	55890
coal-fired electric generating unit;	55891

(f) Facilities or equipment acquired, constructed, or	55892
installed, and used, at a coal-fired electric generating unit	55893
primarily for the purpose of handling the byproducts produced by a	55894
compliance facility or other coal combustion byproducts produced	55895
by the generating unit in or to which the compliance facility is	55896
incorporated or connected.	55897

(2) "Ohio coal" means coal mined from coal deposits in the	55898
ground that are located within this state, regardless of the	55899
location of the mine's tipple.	55900

(3) "Sale and leaseback transaction" has the same meaning as	55901
in section 5727.01 of the Revised Code.	55902

(B) An electric company shall be allowed a nonrefundable	55903
credit against the tax imposed by section 5733.06 of the Revised	55904
Code for Ohio coal used in any of its coal-fired electric	55905
generating units after April 30, 2001, but before January 1, ~~2008~~	55906
2010. Section 5733.057 of the Revised Code shall apply when	55907
calculating the credit allowed by this section. The credit shall	55908
be claimed at the following rates per ton of Ohio coal burned in a	55909
coal-fired electric generating unit during the taxable year ending	55910
immediately preceding the tax year: for tax years before tax year	55911
2006, three dollars per ton; and for tax years 2006, 2007, ~~and~~	55912
2008, and 2009, one dollar per ton. The credit is allowed only if	55913
both of the following conditions are met during such taxable year:	55914

(1) The coal-fired electric generating unit is owned and used	55915
by the company claiming the credit or leased and used by that	55916
company under a sale and leaseback transaction.	55917

(2) A compliance facility is attached to, incorporated in, or	55918
used in conjunction with the coal-fired generating unit.	55919

(C) The credit shall be claimed in the order required under	55920
section 5733.98 of the Revised Code. The taxpayer may carry	55921
forward any credit amount in excess of its tax due after allowing	55922
for any other credits that precede the credit allowed under this	55923
section in the order required under section 5733.98 of the Revised	55924
Code. The excess credit may be carried forward for three years	55925
following the tax year for which it is claimed under this section.	55926

(D) The director of environmental protection, upon the	55927
request of the tax commissioner, shall certify whether a facility	55928
is a compliance facility. In the case of a compliance facility	55929
owned by an electric company, the public utilities commission	55930
shall certify to the tax commissioner the cost of the facility as	55931
of the date it was placed in service. In the case of a compliance	55932
facility owned by a person other than an electric company, the tax	55933
commissioner shall determine the cost of the facility as of the	55934
date it was placed in service. If the owner of such a facility	55935
fails to furnish the information necessary to make that	55936
determination, no credit shall be allowed.	55937

Sec. 5733.48. (A) As used in this section, "alternative	55938
fuel," "retail dealer," and "retail service station" have the same	55939
meanings as in section 5747.77 of the Revised Code.	55940

(B) There is hereby allowed a nonrefundable credit against	55941
the tax imposed by section 5733.06 of the Revised Code for a	55942
retail dealer that sells alternative fuel. The credit may be	55943
claimed for tax years 2008 and 2009. The credit for tax year 2008	55944
shall equal fifteen cents per gallon of alternative fuel sold and	55945
dispensed through a metered pump at the retail dealer's retail	55946
service station during any part of calendar year 2007 that is	55947
included in the dealer's taxable year ending in 2007. The credit	55948
for tax year 2009 shall equal fifteen cents per gallon of	55949
alternative fuel sold and dispensed through a metered pump at the	55950
retail dealer's retail service station during any part of calendar	55951
year 2007 that is included in the dealer's taxable year ending in	55952
2008, plus thirteen cents per gallon of alternative fuel sold and	55953
dispensed in that manner during any part of calendar year 2008	55954
that is included in that taxable year. The credit shall be	55955
calculated separately for each retail service station owned or	55956
operated by the retail dealer.	55957

(C) The retail dealer shall claim the credit under this	55958
section in the order prescribed in section 5733.98 of the Revised	55959
Code. The credit shall not exceed the amount of tax otherwise due	55960
under section 5733.06 of the Revised Code after deducting any	55961
other credits that precede the credit claimed under this section	55962
in that order.	55963

Sec. 5733.98. (A) To provide a uniform procedure for	55964
calculating the amount of tax imposed by section 5733.06 of the	55965
Revised Code that is due under this chapter, a taxpayer shall	55966
claim any credits to which it is entitled in the following order,	55967
except as otherwise provided in section 5733.058 of the Revised	55968
Code:	55969

(1) For tax year 2005, the credit for taxes paid by a	55970
qualifying pass-through entity allowed under section 5733.0611 of	55971
the Revised Code;	55972

(2) The credit allowed for financial institutions under	55973
section 5733.45 of the Revised Code;	55974

(3) The credit for qualifying affiliated groups under section	55975
5733.068 of the Revised Code;	55976

(4) The subsidiary corporation credit under section 5733.067	55977
of the Revised Code;	55978

(5) The savings and loan assessment credit under section	55979
5733.063 of the Revised Code;	55980

(6) The credit for recycling and litter prevention donations	55981
under section 5733.064 of the Revised Code;	55982

(7) The credit for employers that enter into agreements with	55983
child day-care centers under section 5733.36 of the Revised Code;	55984

(8) The credit for employers that reimburse employee child	55985
care expenses under section 5733.38 of the Revised Code;	55986

(9) The credit for maintaining railroad active grade crossing	55987
warning devices under section 5733.43 of the Revised Code;	55988

(10) The credit for purchases of lights and reflectors under	55989
section 5733.44 of the Revised Code;	55990

(11) The job retention credit under division (B) of section	55991
5733.0610 of the Revised Code;	55992

(12) The credit for ~~purchases of new manufacturing machinery~~	55993
~~and equipment under section 5733.31 or section 5733.311~~tax years	55994
2008 and 2009 for selling alternative fuel under section 5733.48	55995
of the Revised Code;	55996

(13) The second credit for purchases of new manufacturing	55997
machinery and equipment under section 5733.33 of the Revised Code;	55998

(14) The job training credit under section 5733.42 of the	55999
Revised Code;	56000

(15) The credit for qualified research expenses under section	56001
5733.351 of the Revised Code;	56002

(16) The enterprise zone credit under section 5709.66 of the	56003
Revised Code;	56004

(17) The credit for the eligible costs associated with a	56005
voluntary action under section 5733.34 of the Revised Code;	56006

(18) The credit for employers that establish on-site child	56007
day-care centers under section 5733.37 of the Revised Code;	56008

(19) The ethanol plant investment credit under section	56009
5733.46 of the Revised Code;	56010

(20) The credit for purchases of qualifying grape production	56011
property under section 5733.32 of the Revised Code;	56012

(21) The export sales credit under section 5733.069 of the	56013
Revised Code;	56014

(22) The credit for research and development and technology	56015
transfer investors under section 5733.35 of the Revised Code;	56016

(23) The enterprise zone credits under section 5709.65 of the	56017
Revised Code;	56018

(24) The credit for using Ohio coal under section 5733.39 of	56019
the Revised Code;	56020

(25) The credit for small telephone companies under section	56021
5733.57 of the Revised Code;	56022

(26) The credit for eligible nonrecurring 9-1-1 charges under	56023
section 5733.55 of the Revised Code;	56024

(27) For tax year 2005, the credit for providing programs to	56025
aid the communicatively impaired under division (A) of section	56026
5733.56 of the Revised Code;	56027

(28) The research and development credit under section	56028
5733.352 of the Revised Code;	56029

(29) For tax years 2006 and subsequent tax years, the credit	56030
for taxes paid by a qualifying pass-through entity allowed under	56031
section 5733.0611 of the Revised Code;	56032

(30) The refundable credit for rehabilitating a historic	56033
building under section 5733.47 of the Revised Code;	56034

(31) The refundable jobs creation credit under division (A)	56035
of section 5733.0610 of the Revised Code;	56036

(32) The refundable credit for tax withheld under division	56037
(B)(2) of section 5747.062 of the Revised Code;	56038

(33) The refundable credit under section 5733.49 of the	56039
Revised Code for losses on loans made to the Ohio venture capital	56040
program under sections 150.01 to 150.10 of the Revised Code;	56041

(34) For tax years 2006, 2007, and 2008, the refundable	56042
credit allowable under division (B) of section 5733.56 of the	56043
Revised Code.	56044

(B) For any credit except the credits enumerated in divisions	56045
(A)(30) to (34) of this section, the amount of the credit for a	56046
tax year shall not exceed the tax due after allowing for any other	56047
credit that precedes it in the order required under this section.	56048
Any excess amount of a particular credit may be carried forward if	56049
authorized under the section creating that credit.	56050

Sec. 5739.02. For the purpose of providing revenue with	56051
which to meet the needs of the state, for the use of the general	56052
revenue fund of the state, for the purpose of securing a thorough	56053
and efficient system of common schools throughout the state, for	56054
the purpose of affording revenues, in addition to those from	56055
general property taxes, permitted under constitutional	56056
limitations, and from other sources, for the support of local	56057
governmental functions, and for the purpose of reimbursing the	56058
state for the expense of administering this chapter, an excise tax	56059
is hereby levied on each retail sale made in this state.	56060

(A)(1) The tax shall be collected as provided in section	56061
5739.025 of the Revised Code, provided that on and after July 1,	56062
2003, and on or before June 30, 2005, the rate of tax shall be six	56063
per cent. On and after July 1, 2005, the rate of the tax shall be	56064
five and one-half per cent. The tax applies and is collectible	56065
when the sale is made, regardless of the time when the price is	56066
paid or delivered.	56067

(2) In the case of the lease or rental, with a fixed term of	56068
more than thirty days or an indefinite term with a minimum period	56069
of more than thirty days, of any motor vehicles designed by the	56070
manufacturer to carry a load of not more than one ton, watercraft,	56071
outboard motor, or aircraft, or of any tangible personal property,	56072
other than motor vehicles designed by the manufacturer to carry a	56073
load of more than one ton, to be used by the lessee or renter	56074
primarily for business purposes, the tax shall be collected by the	56075
vendor at the time the lease or rental is consummated and shall be	56076
calculated by the vendor on the basis of the total amount to be	56077
paid by the lessee or renter under the lease agreement. If the	56078
total amount of the consideration for the lease or rental includes	56079
amounts that are not calculated at the time the lease or rental is	56080
executed, the tax shall be calculated and collected by the vendor	56081
at the time such amounts are billed to the lessee or renter. In	56082
the case of an open-end lease or rental, the tax shall be	56083
calculated by the vendor on the basis of the total amount to be	56084
paid during the initial fixed term of the lease or rental, and for	56085
each subsequent renewal period as it comes due. As used in this	56086
division, "motor vehicle" has the same meaning as in section	56087
4501.01 of the Revised Code, and "watercraft" includes an outdrive	56088
unit attached to the watercraft.	56089

A lease with a renewal clause and a termination penalty or	56090
similar provision that applies if the renewal clause is not	56091
exercised is presumed to be a sham transaction. In such a case,	56092
the tax shall be calculated and paid on the basis of the entire	56093
length of the lease period, including any renewal periods, until	56094
the termination penalty or similar provision no longer applies.	56095
The taxpayer shall bear the burden, by a preponderance of the	56096
evidence, that the transaction or series of transactions is not a	56097
sham transaction.	56098

(3) Except as provided in division (A)(2) of this section, in	56099
the case of a sale, the price of which consists in whole or in	56100
part of the lease or rental of tangible personal property, the tax	56101
shall be measured by the installments of that lease or rental.	56102

(4) In the case of a sale of a physical fitness facility	56103
service or recreation and sports club service, the price of which	56104
consists in whole or in part of a membership for the receipt of	56105
the benefit of the service, the tax applicable to the sale shall	56106
be measured by the installments thereof.	56107

(B) The tax does not apply to the following:

56108

(1) Sales to the state or any of its political subdivisions,	56109
or to any other state or its political subdivisions if the laws of	56110
that state exempt from taxation sales made to this state and its	56111
political subdivisions;	56112

(2) Sales of food for human consumption off the premises	56113
where sold;	56114

(3) Sales of food sold to students only in a cafeteria,	56115
dormitory, fraternity, or sorority maintained in a private,	56116
public, or parochial school, college, or university;	56117

(4) Sales of newspapers and of magazine subscriptions and	56118
sales or transfers of magazines distributed as controlled	56119
circulation publications;	56120

(5) The furnishing, preparing, or serving of meals without	56121
charge by an employer to an employee provided the employer records	56122
the meals as part compensation for services performed or work	56123
done;	56124

(6) Sales of motor fuel upon receipt, use, distribution, or	56125
sale of which in this state a tax is imposed by the law of this	56126
state, but this exemption shall not apply to the sale of motor	56127
fuel on which a refund of the tax is allowable under division (A)	56128
of section 5735.14 of the Revised Code; and the tax commissioner	56129
may deduct the amount of tax levied by this section applicable to	56130
the price of motor fuel when granting a refund of motor fuel tax	56131
pursuant to division (A) of section 5735.14 of the Revised Code	56132
and shall cause the amount deducted to be paid into the general	56133
revenue fund of this state;	56134

(7) Sales of natural gas by a natural gas company, of water	56135
by a water-works company, or of steam by a heating company, if in	56136
each case the thing sold is delivered to consumers through pipes	56137
or conduits, and all sales of communications services by a	56138
telegraph company, all terms as defined in section 5727.01 of the	56139
Revised Code, and sales of electricity delivered through wires;	56140

(8) Casual sales by a person, or auctioneer employed directly	56141
by the person to conduct such sales, except as to such sales of	56142
motor vehicles, watercraft or outboard motors required to be	56143
titled under section 1548.06 of the Revised Code, watercraft	56144
documented with the United States coast guard, snowmobiles, and	56145
all-purpose vehicles as defined in section 4519.01 of the Revised	56146
Code;	56147

(9)(a) Sales of services or tangible personal property, other	56148
than motor vehicles, mobile homes, and manufactured homes, by	56149
churches, organizations exempt from taxation under section	56150
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	56151
organizations operated exclusively for charitable purposes as	56152
defined in division (B)(12) of this section, provided that the	56153
number of days on which such tangible personal property or	56154
services, other than items never subject to the tax, are sold does	56155
not exceed six in any calendar year, except as otherwise provided	56156
in division (B)(9)(b) of this section. If the number of days on	56157
which such sales are made exceeds six in any calendar year, the	56158
church or organization shall be considered to be engaged in	56159
business and all subsequent sales by it shall be subject to the	56160
tax. In counting the number of days, all sales by groups within a	56161
church or within an organization shall be considered to be sales	56162
of that church or organization~~, except that~~.	56163

(b) The limitation on the number of days on which tax-exempt	56164
sales may be made by a church or organization under division	56165
(B)(9)(a) of this section does not apply to sales made by ~~separate~~	56166
student clubs and other groups of students of a primary or	56167
secondary school, ~~and sales made by~~or a parent-teacher	56168
association, booster group, or similar organization that raises	56169
money to support or fund curricular or extracurricular activities	56170
of a primary or secondary school~~, shall not be considered to be~~	56171
~~sales of such school, and sales by each such club, group,~~	56172
~~association, or organization shall be counted separately for~~	56173
~~purposes of the six-day limitation. This division does~~.	56174

(c) Divisions (B)(9)(a) and (b) of this section do not apply	56175
to sales by a noncommercial educational radio or television	56176
broadcasting station.	56177

(10) Sales not within the taxing power of this state under	56178
the Constitution of the United States;	56179

(11) Except for transactions that are sales under division	56180
(B)(3)(r) of section 5739.01 of the Revised Code, the	56181
transportation of persons or property, unless the transportation	56182
is by a private investigation and security service;	56183

(12) Sales of tangible personal property or services to	56184
churches, to organizations exempt from taxation under section	56185
501(c)(3) of the Internal Revenue Code of 1986, and to any other	56186
nonprofit organizations operated exclusively for charitable	56187
purposes in this state, no part of the net income of which inures	56188
to the benefit of any private shareholder or individual, and no	56189
substantial part of the activities of which consists of carrying	56190
on propaganda or otherwise attempting to influence legislation;	56191
sales to offices administering one or more homes for the aged or	56192
one or more hospital facilities exempt under section 140.08 of the	56193
Revised Code; and sales to organizations described in division (D)	56194
of section 5709.12 of the Revised Code.	56195

"Charitable purposes" means the relief of poverty; the	56196
improvement of health through the alleviation of illness, disease,	56197
or injury; the operation of an organization exclusively for the	56198
provision of professional, laundry, printing, and purchasing	56199
services to hospitals or charitable institutions; the operation of	56200
a home for the aged, as defined in section 5701.13 of the Revised	56201
Code; the operation of a radio or television broadcasting station	56202
that is licensed by the federal communications commission as a	56203
noncommercial educational radio or television station; the	56204
operation of a nonprofit animal adoption service or a county	56205
humane society; the promotion of education by an institution of	56206
learning that maintains a faculty of qualified instructors,	56207
teaches regular continuous courses of study, and confers a	56208
recognized diploma upon completion of a specific curriculum; the	56209
operation of a parent-teacher association, booster group, or	56210
similar organization primarily engaged in the promotion and	56211
support of the curricular or extracurricular activities of a	56212
primary or secondary school; the operation of a community or area	56213
center in which presentations in music, dramatics, the arts, and	56214
related fields are made in order to foster public interest and	56215
education therein; the production of performances in music,	56216
dramatics, and the arts; or the promotion of education by an	56217
organization engaged in carrying on research in, or the	56218
dissemination of, scientific and technological knowledge and	56219
information primarily for the public.	56220

Nothing in this division shall be deemed to exempt sales to	56221
any organization for use in the operation or carrying on of a	56222
trade or business, or sales to a home for the aged for use in the	56223
operation of independent living facilities as defined in division	56224
(A) of section 5709.12 of the Revised Code.	56225

(13) Building and construction materials and services sold to	56226
construction contractors for incorporation into a structure or	56227
improvement to real property under a construction contract with	56228
this state or a political subdivision of this state, or with the	56229
United States government or any of its agencies; building and	56230
construction materials and services sold to construction	56231
contractors for incorporation into a structure or improvement to	56232
real property that are accepted for ownership by this state or any	56233
of its political subdivisions, or by the United States government	56234
or any of its agencies at the time of completion of the structures	56235
or improvements; building and construction materials sold to	56236
construction contractors for incorporation into a horticulture	56237
structure or livestock structure for a person engaged in the	56238
business of horticulture or producing livestock; building	56239
materials and services sold to a construction contractor for	56240
incorporation into a house of public worship or religious	56241
education, or a building used exclusively for charitable purposes	56242
under a construction contract with an organization whose purpose	56243
is as described in division (B)(12) of this section; building	56244
materials and services sold to a construction contractor for	56245
incorporation into a building under a construction contract with	56246
an organization exempt from taxation under section 501(c)(3) of	56247
the Internal Revenue Code of 1986 when the building is to be used	56248
exclusively for the organization's exempt purposes; building and	56249
construction materials sold for incorporation into the original	56250
construction of a sports facility under section 307.696 of the	56251
Revised Code; and building and construction materials and services	56252
sold to a construction contractor for incorporation into real	56253
property outside this state if such materials and services, when	56254
sold to a construction contractor in the state in which the real	56255
property is located for incorporation into real property in that	56256
state, would be exempt from a tax on sales levied by that state;	56257

(14) Sales of ships or vessels or rail rolling stock used or	56258
to be used principally in interstate or foreign commerce, and	56259
repairs, alterations, fuel, and lubricants for such ships or	56260
vessels or rail rolling stock;	56261

(15) Sales to persons primarily engaged in any of the	56262
activities mentioned in division (B)(42)(a) or (g) of this	56263
section, to persons engaged in making retail sales, or to persons	56264
who purchase for sale from a manufacturer tangible personal	56265
property that was produced by the manufacturer in accordance with	56266
specific designs provided by the purchaser, of packages, including	56267
material, labels, and parts for packages, and of machinery,	56268
equipment, and material for use primarily in packaging tangible	56269
personal property produced for sale, including any machinery,	56270
equipment, and supplies used to make labels or packages, to	56271
prepare packages or products for labeling, or to label packages or	56272
products, by or on the order of the person doing the packaging, or	56273
sold at retail. "Packages" includes bags, baskets, cartons,	56274
crates, boxes, cans, bottles, bindings, wrappings, and other	56275
similar devices and containers, but does not include motor	56276
vehicles or bulk tanks, trailers, or similar devices attached to	56277
motor vehicles. "Packaging" means placing in a package. Division	56278
(B)(15) of this section does not apply to persons engaged in	56279
highway transportation for hire.	56280

(16) Sales of food to persons using food stamp benefits to	56281
purchase the food. As used in this division, "food" has the same	56282
meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.	56283
2012, as amended, and federal regulations adopted pursuant to that	56284
act.	56285

(17) Sales to persons engaged in farming, agriculture,	56286
horticulture, or floriculture, of tangible personal property for	56287
use or consumption directly in the production by farming,	56288
agriculture, horticulture, or floriculture of other tangible	56289
personal property for use or consumption directly in the	56290
production of tangible personal property for sale by farming,	56291
agriculture, horticulture, or floriculture; or material and parts	56292
for incorporation into any such tangible personal property for use	56293
or consumption in production; and of tangible personal property	56294
for such use or consumption in the conditioning or holding of	56295
products produced by and for such use, consumption, or sale by	56296
persons engaged in farming, agriculture, horticulture, or	56297
floriculture, except where such property is incorporated into real	56298
property;	56299

(18) Sales of drugs for a human being that may be dispensed	56300
only pursuant to a prescription; insulin as recognized in the	56301
official United States pharmacopoeia; urine and blood testing	56302
materials when used by diabetics or persons with hypoglycemia to	56303
test for glucose or acetone; hypodermic syringes and needles when	56304
used by diabetics for insulin injections; epoetin alfa when	56305
purchased for use in the treatment of persons with medical	56306
disease; hospital beds when purchased by hospitals, nursing homes,	56307
or other medical facilities; and medical oxygen and medical	56308
oxygen-dispensing equipment when purchased by hospitals, nursing	56309
homes, or other medical facilities;	56310

(19) Sales of prosthetic devices, durable medical equipment	56311
for home use, or mobility enhancing equipment, when made pursuant	56312
to a prescription and when such devices or equipment are for use	56313
by a human being.	56314

(20) Sales of emergency and fire protection vehicles and	56315
equipment to nonprofit organizations for use solely in providing	56316
fire protection and emergency services, including trauma care and	56317
emergency medical services, for political subdivisions of the	56318
state;	56319

(21) Sales of tangible personal property manufactured in this	56320
state, if sold by the manufacturer in this state to a retailer for	56321
use in the retail business of the retailer outside of this state	56322
and if possession is taken from the manufacturer by the purchaser	56323
within this state for the sole purpose of immediately removing the	56324
same from this state in a vehicle owned by the purchaser;	56325

(22) Sales of services provided by the state or any of its	56326
political subdivisions, agencies, instrumentalities, institutions,	56327
or authorities, or by governmental entities of the state or any of	56328
its political subdivisions, agencies, instrumentalities,	56329
institutions, or authorities;	56330

(23) Sales of motor vehicles to nonresidents of this state	56331
~~upon the presentation of an affidavit executed in this state by~~	56332
~~the nonresident purchaser affirming that the purchaser is a~~	56333
~~nonresident of this state, that possession of the motor vehicle is~~	56334
~~taken in this state for the sole purpose of immediately removing~~	56335
~~it from this state, that the motor vehicle will be permanently~~	56336
~~titled and registered in another state, and that the motor vehicle~~	56337
~~will not be used in this state~~under the circumstances described	56338
in division (B) of section 5739.029 of the Revised Code;	56339

(24) Sales to persons engaged in the preparation of eggs for	56340
sale of tangible personal property used or consumed directly in	56341
such preparation, including such tangible personal property used	56342
for cleaning, sanitizing, preserving, grading, sorting, and	56343
classifying by size; packages, including material and parts for	56344
packages, and machinery, equipment, and material for use in	56345
packaging eggs for sale; and handling and transportation equipment	56346
and parts therefor, except motor vehicles licensed to operate on	56347
public highways, used in intraplant or interplant transfers or	56348
shipment of eggs in the process of preparation for sale, when the	56349
plant or plants within or between which such transfers or	56350
shipments occur are operated by the same person. "Packages"	56351
includes containers, cases, baskets, flats, fillers, filler flats,	56352
cartons, closure materials, labels, and labeling materials, and	56353
"packaging" means placing therein.	56354

(25)(a) Sales of water to a consumer for residential use,	56355
except the sale of bottled water, distilled water, mineral water,	56356
carbonated water, or ice;	56357

(b) Sales of water by a nonprofit corporation engaged	56358
exclusively in the treatment, distribution, and sale of water to	56359
consumers, if such water is delivered to consumers through pipes	56360
or tubing.	56361

(26) Fees charged for inspection or reinspection of motor	56362
vehicles under section 3704.14 of the Revised Code;	56363

(27) Sales to persons licensed to conduct a food service	56364
operation pursuant to section 3717.43 of the Revised Code, of	56365
tangible personal property primarily used directly for the	56366
following:	56367

(a) To prepare food for human consumption for sale;

56368

(b) To preserve food that has been or will be prepared for	56369
human consumption for sale by the food service operator, not	56370
including tangible personal property used to display food for	56371
selection by the consumer;	56372

(c) To clean tangible personal property used to prepare or	56373
serve food for human consumption for sale.	56374

(28) Sales of animals by nonprofit animal adoption services	56375
or county humane societies;	56376

(29) Sales of services to a corporation described in division	56377
(A) of section 5709.72 of the Revised Code, and sales of tangible	56378
personal property that qualifies for exemption from taxation under	56379
section 5709.72 of the Revised Code;	56380

(30) Sales and installation of agricultural land tile, as	56381
defined in division (B)(5)(a) of section 5739.01 of the Revised	56382
Code;	56383

(31) Sales and erection or installation of portable grain	56384
bins, as defined in division (B)(5)(b) of section 5739.01 of the	56385
Revised Code;	56386

(32) The sale, lease, repair, and maintenance of, parts for,	56387
or items attached to or incorporated in, motor vehicles that are	56388
primarily used for transporting tangible personal property	56389
belonging to others by a person engaged in highway transportation	56390
for hire, except for packages and packaging used for the	56391
transportation of tangible personal property;	56392

(33) Sales to the state headquarters of any veterans'	56393
organization in this state that is either incorporated and issued	56394
a charter by the congress of the United States or is recognized by	56395
the United States veterans administration, for use by the	56396
headquarters;	56397

(34) Sales to a telecommunications service vendor, mobile	56398
telecommunications service vendor, or satellite broadcasting	56399
service vendor of tangible personal property and services used	56400
directly and primarily in transmitting, receiving, switching, or	56401
recording any interactive, one- or two-way electromagnetic	56402
communications, including voice, image, data, and information,	56403
through the use of any medium, including, but not limited to,	56404
poles, wires, cables, switching equipment, computers, and record	56405
storage devices and media, and component parts for the tangible	56406
personal property. The exemption provided in this division shall	56407
be in lieu of all other exemptions under division (B)(42)(a) of	56408
this section to which the vendor may otherwise be entitled, based	56409
upon the use of the thing purchased in providing the	56410
telecommunications, mobile telecommunications, or satellite	56411
broadcasting service.	56412

(35)(a) Sales where the purpose of the consumer is to use or	56413
consume the things transferred in making retail sales and	56414
consisting of newspaper inserts, catalogues, coupons, flyers, gift	56415
certificates, or other advertising material that prices and	56416
describes tangible personal property offered for retail sale.	56417

(b) Sales to direct marketing vendors of preliminary	56418
materials such as photographs, artwork, and typesetting that will	56419
be used in printing advertising material; of printed matter that	56420
offers free merchandise or chances to win sweepstake prizes and	56421
that is mailed to potential customers with advertising material	56422
described in division (B)(35)(a) of this section; and of equipment	56423
such as telephones, computers, facsimile machines, and similar	56424
tangible personal property primarily used to accept orders for	56425
direct marketing retail sales.	56426

(c) Sales of automatic food vending machines that preserve	56427
food with a shelf life of forty-five days or less by refrigeration	56428
and dispense it to the consumer.	56429

For purposes of division (B)(35) of this section, "direct	56430
marketing" means the method of selling where consumers order	56431
tangible personal property by United States mail, delivery	56432
service, or telecommunication and the vendor delivers or ships the	56433
tangible personal property sold to the consumer from a warehouse,	56434
catalogue distribution center, or similar fulfillment facility by	56435
means of the United States mail, delivery service, or common	56436
carrier.	56437

(36) Sales to a person engaged in the business of	56438
horticulture or producing livestock of materials to be	56439
incorporated into a horticulture structure or livestock structure;	56440

(37) Sales of personal computers, computer monitors, computer	56441
keyboards, modems, and other peripheral computer equipment to an	56442
individual who is licensed or certified to teach in an elementary	56443
or a secondary school in this state for use by that individual in	56444
preparation for teaching elementary or secondary school students;	56445

(38) Sales to a professional racing team of any of the	56446
following:	56447

(a) Motor racing vehicles;

56448

(b) Repair services for motor racing vehicles;

56449

(c) Items of property that are attached to or incorporated in	56450
motor racing vehicles, including engines, chassis, and all other	56451
components of the vehicles, and all spare, replacement, and	56452
rebuilt parts or components of the vehicles; except not including	56453
tires, consumable fluids, paint, and accessories consisting of	56454
instrumentation sensors and related items added to the vehicle to	56455
collect and transmit data by means of telemetry and other forms of	56456
communication.	56457

(39) Sales of used manufactured homes and used mobile homes,	56458
as defined in section 5739.0210 of the Revised Code, made on or	56459
after January 1, 2000;	56460

(40) Sales of tangible personal property and services to a	56461
provider of electricity used or consumed directly and primarily in	56462
generating, transmitting, or distributing electricity for use by	56463
others, including property that is or is to be incorporated into	56464
and will become a part of the consumer's production, transmission,	56465
or distribution system and that retains its classification as	56466
tangible personal property after incorporation; fuel or power used	56467
in the production, transmission, or distribution of electricity;	56468
and tangible personal property and services used in the repair and	56469
maintenance of the production, transmission, or distribution	56470
system, including only those motor vehicles as are specially	56471
designed and equipped for such use. The exemption provided in this	56472
division shall be in lieu of all other exemptions in division	56473
(B)(42)(a) of this section to which a provider of electricity may	56474
otherwise be entitled based on the use of the tangible personal	56475
property or service purchased in generating, transmitting, or	56476
distributing electricity.	56477

(41) Sales to a person providing services under division	56478
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	56479
personal property and services used directly and primarily in	56480
providing taxable services under that section.	56481

(42) Sales where the purpose of the purchaser is to do any of	56482
the following:	56483

(a) To incorporate the thing transferred as a material or a	56484
part into tangible personal property to be produced for sale by	56485
manufacturing, assembling, processing, or refining; or to use or	56486
consume the thing transferred directly in producing tangible	56487
personal property for sale by mining, including, without	56488
limitation, the extraction from the earth of all substances that	56489
are classed geologically as minerals, production of crude oil and	56490
natural gas, farming, agriculture, horticulture, or floriculture,	56491
or directly in the rendition of a public utility service, except	56492
that the sales tax levied by this section shall be collected upon	56493
all meals, drinks, and food for human consumption sold when	56494
transporting persons. Persons engaged in rendering farming,	56495
agricultural, horticultural, or floricultural services, and	56496
services in the exploration for, and production of, crude oil and	56497
natural gas, for others are deemed engaged directly in farming,	56498
agriculture, horticulture, and floriculture, or exploration for,	56499
and production of, crude oil and natural gas. This paragraph does	56500
not exempt from "retail sale" or "sales at retail" the sale of	56501
tangible personal property that is to be incorporated into a	56502
structure or improvement to real property.	56503

(b) To hold the thing transferred as security for the	56504
performance of an obligation of the vendor;	56505

(c) To resell, hold, use, or consume the thing transferred as	56506
evidence of a contract of insurance;	56507

(d) To use or consume the thing directly in commercial	56508
fishing;	56509

(e) To incorporate the thing transferred as a material or a	56510
part into, or to use or consume the thing transferred directly in	56511
the production of, magazines distributed as controlled circulation	56512
publications;	56513

(f) To use or consume the thing transferred in the production	56514
and preparation in suitable condition for market and sale of	56515
printed, imprinted, overprinted, lithographic, multilithic,	56516
blueprinted, photostatic, or other productions or reproductions of	56517
written or graphic matter;	56518

(g) To use the thing transferred, as described in section	56519
5739.011 of the Revised Code, primarily in a manufacturing	56520
operation to produce tangible personal property for sale;	56521

(h) To use the benefit of a warranty, maintenance or service	56522
contract, or similar agreement, as described in division (B)(7) of	56523
section 5739.01 of the Revised Code, to repair or maintain	56524
tangible personal property, if all of the property that is the	56525
subject of the warranty, contract, or agreement would not be	56526
subject to the tax imposed by this section;	56527

(i) To use the thing transferred as qualified research and	56528
development equipment;	56529

(j) To use or consume the thing transferred primarily in	56530
storing, transporting, mailing, or otherwise handling purchased	56531
sales inventory in a warehouse, distribution center, or similar	56532
facility when the inventory is primarily distributed outside this	56533
state to retail stores of the person who owns or controls the	56534
warehouse, distribution center, or similar facility, to retail	56535
stores of an affiliated group of which that person is a member, or	56536
by means of direct marketing. This division does not apply to	56537
motor vehicles registered for operation on the public highways. As	56538
used in this division, "affiliated group" has the same meaning as	56539
in division (B)(3)(e) of section 5739.01 of the Revised Code and	56540
"direct marketing" has the same meaning as in division (B)(35) of	56541
this section.	56542

(k) To use or consume the thing transferred to fulfill a	56543
contractual obligation incurred by a warrantor pursuant to a	56544
warranty provided as a part of the price of the tangible personal	56545
property sold or by a vendor of a warranty, maintenance or service	56546
contract, or similar agreement the provision of which is defined	56547
as a sale under division (B)(7) of section 5739.01 of the Revised	56548
Code;	56549

(l) To use or consume the thing transferred in the production	56550
of a newspaper for distribution to the public;	56551

(m) To use tangible personal property to perform a service	56552
listed in division (B)(3) of section 5739.01 of the Revised Code,	56553
if the property is or is to be permanently transferred to the	56554
consumer of the service as an integral part of the performance of	56555
the service.	56556

As used in division (B)(42) of this section, "thing" includes	56557
all transactions included in divisions (B)(3)(a), (b), and (e) of	56558
section 5739.01 of the Revised Code.	56559

(43) Sales conducted through a coin operated device that	56560
activates vacuum equipment or equipment that dispenses water,	56561
whether or not in combination with soap or other cleaning agents	56562
or wax, to the consumer for the consumer's use on the premises in	56563
washing, cleaning, or waxing a motor vehicle, provided no other	56564
personal property or personal service is provided as part of the	56565
transaction.	56566

(44) Sales of replacement and modification parts for engines,	56567
airframes, instruments, and interiors in, and paint for, aircraft	56568
used primarily in a fractional aircraft ownership program, and	56569
sales of services for the repair, modification, and maintenance of	56570
such aircraft, and machinery, equipment, and supplies primarily	56571
used to provide those services.	56572

(45) Sales of telecommunications service that is used	56573
directly and primarily to perform the functions of a call center.	56574
As used in this division, "call center" means any physical	56575
location where telephone calls are placed or received in high	56576
volume for the purpose of making sales, marketing, customer	56577
service, technical support, or other specialized business	56578
activity, and that employs at least fifty individuals that engage	56579
in call center activities on a full-time basis, or sufficient	56580
individuals to fill fifty full-time equivalent positions.	56581

(46) Sales by a telecommunications service vendor of 900	56582
service to a subscriber. This division does not apply to	56583
information services, as defined in division (FF) of section	56584
5739.01 of the Revised Code.	56585

(47) Sales of value-added non-voice data service. This	56586
division does not apply to any similar service that is not	56587
otherwise a telecommunications service.	56588

(C) For the purpose of the proper administration of this	56589
chapter, and to prevent the evasion of the tax, it is presumed	56590
that all sales made in this state are subject to the tax until the	56591
contrary is established.	56592

(D) The levy of this tax on retail sales of recreation and	56593
sports club service shall not prevent a municipal corporation from	56594
levying any tax on recreation and sports club dues or on any	56595
income generated by recreation and sports club dues.	56596

(E) The tax collected by the vendor from the consumer under	56597
this chapter is not part of the price, but is a tax collection for	56598
the benefit of the state, and of counties levying an additional	56599
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	56600
Code and of transit authorities levying an additional sales tax	56601
pursuant to section 5739.023 of the Revised Code. Except for the	56602
discount authorized under section 5739.12 of the Revised Code and	56603
the effects of any rounding pursuant to section 5703.055 of the	56604
Revised Code, no person other than the state or such a county or	56605
transit authority shall derive any benefit from the collection or	56606
payment of the tax levied by this section or section 5739.021,	56607
5739.023, or 5739.026 of the Revised Code.	56608

Sec. 5739.029. (A) Notwithstanding sections 5739.02,	56609
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	56610
5741.023 of the Revised Code, and except as otherwise provided in	56611
division (B) of this section, the tax due under this chapter on	56612
the sale of a motor vehicle required to be titled under Chapter	56613
4505. of the Revised Code by a motor vehicle dealer to a consumer	56614
that is a nonresident of this state shall be the lesser of the	56615
amount of tax that would be due under this chapter and Chapter	56616
5741. of the Revised Code if the total combined rate were six per	56617
cent, or the amount of tax that would be due, taking into	56618
consideration all applicable credits and exemptions, to the state	56619
in which the consumer titles or registers the motor vehicle or to	56620
which the consumer removes the vehicle for use.	56621

(B) No tax is due under this section, any other section of	56622
this chapter, or Chapter 5741. of the Revised Code under any of	56623
the following circumstances:	56624

(1)(a) The consumer intends to immediately remove the motor	56625
vehicle from this state for use outside this state;	56626

(b) Upon removal of the motor vehicle from this state, the	56627
consumer intends to title or register the vehicle in another state	56628
if such titling or registration is required;	56629

(c) The consumer executes an affidavit as required under	56630
division (C) of this section affirming the consumer's intentions	56631
under divisions (B)(1)(a) and (b) of this section; and	56632

(d) The state in which the consumer titles or registers the	56633
motor vehicle or to which the consumer removes the vehicle for use	56634
provides an exemption under circumstances substantially similar to	56635
those described in division (B)(1) of this section.	56636

(2) The state in which the consumer titles or registers the	56637
motor vehicle or to which the consumer removes the vehicle for use	56638
does not provide a credit against its sales or use tax or similar	56639
excise tax for sales or use tax paid to this state.	56640

(3) The state in which the consumer titles or registers the	56641
motor vehicle or to which the consumer removes the vehicle for use	56642
does not impose a sales or use tax or similar excise tax on the	56643
ownership or use of motor vehicles.	56644

(C) Any nonresident consumer that purchases a motor vehicle	56645
from a motor vehicle dealer in this state under the circumstances	56646
described in divisions (B)(1)(a) and (b) of this section shall	56647
execute an affidavit affirming the intentions described in those	56648
divisions. The affidavit shall be executed in triplicate and in	56649
the form specified by the tax commissioner. The affidavit shall be	56650
given to the motor vehicle dealer.	56651

A motor vehicle dealer that accepts in good faith an	56652
affidavit presented under this division by a nonresident consumer	56653
may rely upon the representations made in the affidavit.	56654

(D) A motor vehicle dealer making a sale subject to the tax	56655
under division (A) of this section shall collect the tax due	56656
unless the sale is subject to the exception under division (B) of	56657
this section or unless the sale is not otherwise subject to taxes	56658
levied under sections 5739.02, 5739.021, 5739.023, 5739.026,	56659
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code. In	56660
the case of a sale under the circumstances described in division	56661
(B)(1) of this section, the dealer shall retain one copy of the	56662
affidavit and file the original and the other copy with the clerk	56663
of the court of common pleas. If tax is due under division (A) of	56664
this section, the dealer shall remit the tax collected to the	56665
clerk at the time the dealer obtains the Ohio certificate of title	56666
in the name of the consumer as required under section 4505.06 of	56667
the Revised Code. The clerk shall forward the original affidavit	56668
to the tax commissioner in the manner prescribed by the	56669
commissioner.	56670

Unless a sale is excepted from taxation under division (B) of	56671
this section, upon receipt of an application for certificate of	56672
title a clerk of the court of common pleas shall collect the sales	56673
tax due under division (A) of this section. The clerk shall remit	56674
the tax collected to the tax commissioner in the manner prescribed	56675
by the commissioner.	56676

(E) If a motor vehicle is purchased by a corporation	56677
described in division (B)(6) of section 5739.01 of the Revised	56678
Code, the state of residence of the consumer for the purposes of	56679
this section is the state of residence of the corporation's	56680
principal shareholder.	56681

(F) Any provision of this chapter or of Chapter 5741. of the	56682
Revised Code that is not inconsistent with this section applies to	56683
sales described in division (A) of this section.	56684

(G) As used in this section:

56685

(1) For the purposes of this section only, the sale or	56686
purchase of a motor vehicle does not include a lease or rental of	56687
a motor vehicle subject to division (A)(2) or (3) of section	56688
5739.02 or division (A)(2) or (3) of section 5741.02 of the	56689
Revised Code;	56690

(2) "State," except in reference to "this state," means any	56691
state, district, commonwealth, or territory of the United States.	56692

Sec. 5739.032. (A) If the total amount of tax required to be	56693
paid by a permit holder under section 5739.031 of the Revised Code	56694
for any calendar year equals or exceeds seventy-five thousand	56695
dollars, the permit holder shall remit each monthly tax payment in	56696
the second ensuing and each succeeding year by electronic funds	56697
transfer as prescribed by division (B) of this section.	56698

If a permit holder's tax payment for each of two consecutive	56699
years is less than seventy-five thousand dollars, the permit	56700
holder is relieved of the requirement to remit taxes by electronic	56701
funds transfer for the year that next follows the second of the	56702
consecutive years in which the tax payment is less than that	56703
amount, and is relieved of that requirement for each succeeding	56704
year, unless the tax payment in a subsequent year equals or	56705
exceeds seventy-five thousand dollars.	56706

The tax commissioner shall notify each permit holder required	56707
to remit taxes by electronic funds transfer of the permit holder's	56708
obligation to do so, shall maintain an updated list of those	56709
permit holders, and shall timely certify the list and any	56710
additions thereto or deletions therefrom to the treasurer of	56711
state. Failure by the tax commissioner to notify a permit holder	56712
subject to this section to remit taxes by electronic funds	56713
transfer does not relieve the permit holder of its obligation to	56714
remit taxes by electronic funds transfer.	56715

(B) Permit holders required by division (A) of this section	56716
to remit payments by electronic funds transfer shall remit such	56717
payments to the treasurer of state in the manner prescribed by	56718
this section and rules adopted by the treasurer of state under	56719
section 113.061 of the Revised Code, and ~~on or before the~~	56720
~~following dates~~as follows:	56721

(1) ~~On or before each of the fifteenth and twenty-fifth days~~	56722
~~of each month, a permit holder shall remit an amount equal to~~	56723
~~thirty-seven and one-half per cent of the permit holder's total~~	56724
~~tax liability for the same month in the preceding calendar year~~On	56725
or before the twenty-third day of each month, a permit holder	56726
shall remit an amount equal to seventy-five per cent of the	56727
anticipated tax liability for that month.	56728

(2) On or before the twenty-third day of each month, a permit	56729
holder shall report the taxes due for the previous month and shall	56730
remit that amount, less any amounts paid for that month as	56731
required by division (B)(1) of this section.	56732

The payment of taxes by electronic funds transfer does not	56733
affect a permit holder's obligation to file the monthly return as	56734
required under section 5739.031 of the Revised Code.	56735

(C) A permit holder required by this section to remit taxes	56736
by electronic funds transfer may apply to the treasurer of state	56737
in the manner prescribed by the treasurer of state to be excused	56738
from that requirement. The treasurer of state may excuse the	56739
permit holder from remittance by electronic funds transfer for	56740
good cause shown for the period of time requested by the permit	56741
holder or for a portion of that period. The treasurer of state	56742
shall notify the tax commissioner and the permit holder of the	56743
treasurer of state's decision as soon as is practicable.	56744

(D)(1)(a) If a permit holder that is required to remit	56745
payments under division (B) of this section fails to make a	56746
payment, or makes a payment under division (B)(1) of this section	56747
that is less than seventy-five per cent of the actual liability	56748
for that month, the commissioner may impose an additional charge	56749
not to exceed five per cent of that unpaid amount.	56750

(b) Division (D)(1)(a) of this section does not apply if the	56751
permit holder's payment under division (B)(1) of this section is	56752
equal to or greater than seventy-five per cent of the permit	56753
holder's reported liability for the same month in the immediately	56754
preceding calendar year.	56755

(2) If a permit holder required by this section to remit	56756
taxes by electronic funds transfer remits those taxes by some	56757
means other than by electronic funds transfer as prescribed by	56758
this section and the rules adopted by the treasurer of state, and	56759
the tax commissioner determines that such failure was not due to	56760
reasonable cause or was due to willful neglect, the commissioner	56761
may impose an additional charge not to exceed the lesser of five	56762
per cent of the amount of the taxes required to be paid by	56763
electronic funds transfer or five thousand dollars.	56764

(3) Any additional charge imposed under division (D)(1) or	56765
(2) of this section is in addition to any other penalty or charge	56766
imposed under this chapter, and shall be considered as revenue	56767
arising from taxes imposed under this chapter. An additional	56768
charge may be collected by assessment in the manner prescribed by	56769
section 5739.13 of the Revised Code. The tax commissioner may	56770
waive all or a portion of such a charge and may adopt rules	56771
governing such waiver.	56772

No additional charge shall be imposed under division (D)(2)	56773
of this section against a permit holder that has been notified of	56774
its obligation to remit taxes under this section and that remits	56775
its first two tax payments after such notification by some means	56776
other than electronic funds transfer. The additional charge may be	56777
imposed upon the remittance of any subsequent tax payment that the	56778
permit holder remits by some means other than electronic funds	56779
transfer.	56780

Sec. 5739.033. (A) Except as provided in division (B) of	56781
this section, divisions (C) to (I) of this section apply to sales	56782
made on and after May 1, 2006. Sales made before May 1, 2006, are	56783
subject to section 5739.035 of the Revised Code. On and after	56784
January 1, 2005, any vendor may irrevocably elect to comply with	56785
divisions (C) to (I) of this section for all of the vendor's sales	56786
and places of business in this state.	56787

The amount of tax due pursuant to sections 5739.02, 5739.021,	56788
5739.023, and 5739.026 of the Revised Code is the sum of the taxes	56789
imposed pursuant to those sections at the sourcing location of the	56790
sale as determined under this section or, if applicable, under	56791
division (C) of section 5739.031 or section 5739.034 of the	56792
Revised Code, or at the situs of the sale as determined under	56793
section 5739.035 of the Revised Code. This section applies only to	56794
a vendor's or seller's obligation to collect and remit sales taxes	56795
under section 5739.02, 5739.021, 5739.023, or 5739.026 of the	56796
Revised Code or use taxes under section 5741.02, 5741.021,	56797
5741.022, or 5741.023 of the Revised Code. Division (A) of this	56798
section does not apply in determining the jurisdiction for which	56799
sellers are required to collect the use tax under section 5741.05	56800
of the Revised Code. This section does not affect the obligation	56801
of a consumer to remit use taxes on the storage, use, or other	56802
consumption of tangible personal property or on the benefit	56803
realized of any service provided, to the jurisdiction of that	56804
storage, use, or consumption, or benefit realized.	56805

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

56806

(a) "Delivery sale" means the taxable sale of tangible	56807
personal property or a service that is received by a consumer, or	56808
a donee designated by the consumer, in a taxing jurisdiction that	56809
is not the taxing jurisdiction in which the vendor has a fixed	56810
place of business.	56811

(b) "Agreement" has the same meaning as in section 5740.01 of	56812
the Revised Code.	56813

(c) "Governing board" has the same meaning as in section	56814
5740.02 of the Revised Code.	56815

(2)(a) A vendor with total delivery sales in calendar year	56816
2005 that are less than thirty million dollars may continue to	56817
situs its sales under section 5739.035 of the Revised Code from	56818
May 1, 2006, through April 30, 2007, except that, if the tax	56819
commissioner does not enter a determination in the commissioner's	56820
journal under division (B)(2)(b) of this section, those dates	56821
shall be May 1, 2006, through December 31, 2007.	56822

(b) On or before February 1, 2007, the tax commissioner shall	56823
determine whether certified service provider services are being	56824
provided by the governing board of the streamlined sales and use	56825
tax agreement for all delivery sales. If the commissioner	56826
determines that such services are being so provided, the	56827
commissioner shall enter the determination in the commissioner's	56828
journal and shall provide notice of the determination on the	56829
department of taxation's official internet web site. If the	56830
commissioner makes such an entry in the journal, then a vendor	56831
with total delivery sales in calendar year 2006 that are less than	56832
five million dollars may continue to situs its sales under section	56833
5739.035 of the Revised Code from May 1, 2007, through December	56834
31, 2007.	56835

(3) Beginning January 1, 2008, all vendors shall source their	56836
sales under divisions (C) to (I) of this section.	56837

(4) Once a vendor has total delivery sales that exceed the	56838
dollar amount in division (B)(2)(a) or (b) of this section, the	56839
vendor shall source its sales under divisions (C) to (I) of this	56840
section and shall continue to source its sales under those	56841
divisions, regardless of the amount of the vendor's total delivery	56842
sales in future years.	56843

(C) Except for sales, other than leases, of titled motor	56844
vehicles, titled watercraft, or titled outboard motors as provided	56845
in ~~section~~sections 5739.029 and 5741.05 of the Revised Code, or	56846
as otherwise provided in this section and section 5739.034 of the	56847
Revised Code, all sales shall be sourced as follows:	56848

(1) If the consumer or a donee designated by the consumer	56849
receives tangible personal property or a service at a vendor's	56850
place of business, the sale shall be sourced to that place of	56851
business.	56852

(2) When the tangible personal property or service is not	56853
received at a vendor's place of business, the sale shall be	56854
sourced to the location known to the vendor where the consumer or	56855
the donee designated by the consumer receives the tangible	56856
personal property or service, including the location indicated by	56857
instructions for delivery to the consumer or the consumer's donee.	56858

(3) If divisions (C)(1) and (2) of this section do not apply,	56859
the sale shall be sourced to the location indicated by an address	56860
for the consumer that is available from the vendor's business	56861
records that are maintained in the ordinary course of the	56862
vendor's business, when use of that address does not constitute	56863
bad faith.	56864

(4) If divisions (C)(1), (2), and (3) of this section do not	56865
apply, the sale shall be sourced to the location indicated by an	56866
address for the consumer obtained during the consummation of the	56867
sale, including the address associated with the consumer's payment	56868
instrument, if no other address is available, when use of that	56869
address does not constitute bad faith.	56870

(5) If divisions (C)(1), (2), (3), and (4) of this section do	56871
not apply, including in the circumstance where the vendor is	56872
without sufficient information to apply any of those divisions,	56873
the sale shall be sourced to the address from which tangible	56874
personal property was shipped, or from which the service was	56875
provided, disregarding any location that merely provided the	56876
electronic transfer of the property sold or service provided.	56877

(6) As used in division (C) of this section, "receive" means	56878
taking possession of tangible personal property or making first	56879
use of a service. "Receive" does not include possession by a	56880
shipping company on behalf of a consumer.	56881

(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this	56882
section, a business consumer that is not a holder of a direct	56883
payment permit granted under section 5739.031 of the Revised Code,	56884
that purchases a digital good, computer software, except computer	56885
software received in person by a business consumer at a vendor's	56886
place of business, or a service, and that knows at the time of	56887
purchase that such digital good, software, or service will be	56888
concurrently available for use in more than one taxing	56889
jurisdiction shall deliver to the vendor in conjunction with its	56890
purchase an exemption certificate claiming multiple points of use,	56891
or shall meet the requirements of division (D)(2) of this section.	56892
On receipt of the exemption certificate claiming multiple points	56893
of use, the vendor is relieved of its obligation to collect, pay,	56894
or remit the tax due, and the business consumer must pay the tax	56895
directly to the state.	56896

(b) A business consumer that delivers the exemption	56897
certificate claiming multiple points of use to a vendor may use	56898
any reasonable, consistent, and uniform method of apportioning the	56899
tax due on the digital good, computer software, or service that is	56900
supported by the consumer's business records as they existed at	56901
the time of the sale. The business consumer shall report and pay	56902
the appropriate tax to each jurisdiction where concurrent use	56903
occurs. The tax due shall be calculated as if the apportioned	56904
amount of the digital good, computer software, or service had been	56905
delivered to each jurisdiction to which the sale is apportioned	56906
under this division.	56907

(c) The exemption certificate claiming multiple points of use	56908
shall remain in effect for all future sales by the vendor to the	56909
business consumer until it is revoked in writing by the business	56910
consumer, except as to the business consumer's specific	56911
apportionment of a subsequent sale under division (D)(1)(b) of	56912
this section and the facts existing at the time of the sale.	56913

(2) When the vendor knows that a digital good, computer	56914
software, or service sold will be concurrently available for use	56915
by the business consumer in more than one jurisdiction, but the	56916
business consumer does not provide an exemption certificate	56917
claiming multiple points of use as required by division (D)(1) of	56918
this section, the vendor may work with the business consumer to	56919
produce the correct apportionment. Governed by the principles of	56920
division (D)(1)(b) of this section, the vendor and business	56921
consumer may use any reasonable, but consistent and uniform,	56922
method of apportionment that is supported by the vendor's and	56923
business consumer's books and records as they exist at the time	56924
the sale is reported for purposes of the taxes levied under this	56925
chapter. If the business consumer certifies to the accuracy of the	56926
apportionment and the vendor accepts the certification, the vendor	56927
shall collect and remit the tax accordingly. In the absence of bad	56928
faith, the vendor is relieved of any further obligation to collect	56929
tax on any transaction where the vendor has collected tax pursuant	56930
to the information certified by the business consumer.	56931

(3) When the vendor knows that the digital good, computer	56932
software, or service will be concurrently available for use in	56933
more than one jurisdiction, and the business consumer does not	56934
have a direct pay permit and does not provide to the vendor an	56935
exemption certificate claiming multiple points of use as required	56936
in division (D)(1) of this section, or certification pursuant to	56937
division (D)(2) of this section, the vendor shall collect and	56938
remit the tax based on division (C) of this section.	56939

(4) Nothing in this section shall limit a person's obligation	56940
for sales or use tax to any state in which a digital good,	56941
computer software, or service is concurrently available for use,	56942
nor limit a person's ability under local, state, or federal law,	56943
to claim a credit for sales or use taxes legally due and paid to	56944
other jurisdictions.	56945

(E) A person who holds a direct payment permit issued under	56946
section 5739.031 of the Revised Code is not required to deliver an	56947
exemption certificate claiming multiple points of use to a vendor.	56948
But such permit holder shall comply with division (D)(2) of this	56949
section in apportioning the tax due on a digital good, computer	56950
software, or a service for use in business that will be	56951
concurrently available for use in more than one taxing	56952
jurisdiction.	56953

(F)(1) Notwithstanding divisions (C)(1) to (5) of this	56954
section, the consumer of direct mail that is not a holder of a	56955
direct payment permit shall provide to the vendor in conjunction	56956
with the sale either an exemption certificate claiming direct mail	56957
prescribed by the tax commissioner, or information to show the	56958
jurisdictions to which the direct mail is delivered to recipients.	56959

(2) Upon receipt of such exemption certificate, the vendor is	56960
relieved of all obligations to collect, pay, or remit the	56961
applicable tax and the consumer is obligated to pay that tax on a	56962
direct pay basis. An exemption certificate claiming direct mail	56963
shall remain in effect for all future sales of direct mail by the	56964
vendor to the consumer until it is revoked in writing.	56965

(3) Upon receipt of information from the consumer showing the	56966
jurisdictions to which the direct mail is delivered to recipients,	56967
the vendor shall collect the tax according to the delivery	56968
information provided by the consumer. In the absence of bad faith,	56969
the vendor is relieved of any further obligation to collect tax on	56970
any transaction where the vendor has collected tax pursuant to the	56971
delivery information provided by the consumer.	56972

(4) If the consumer of direct mail does not have a direct	56973
payment permit and does not provide the vendor with either an	56974
exemption certificate claiming direct mail or delivery information	56975
as required by division (F)(1) of this section, the vendor shall	56976
collect the tax according to division (C)(5) of this section.	56977
Nothing in division (F)(4) of this section shall limit a	56978
consumer's obligation to pay sales or use tax to any state to	56979
which the direct mail is delivered.	56980

(5) If a consumer of direct mail provides the vendor with	56981
documentation of direct payment authority, the consumer shall not	56982
be required to provide an exemption certificate claiming direct	56983
mail or delivery information to the vendor.	56984

(G) If the vendor provides lodging to transient guests as	56985
specified in division (B)(2) of section 5739.01 of the Revised	56986
Code, the sale shall be sourced to the location where the lodging	56987
is located.	56988

(H)(1) As used in this division and division (I) of this	56989
section, "transportation equipment" means any of the following:	56990

(a) Locomotives and railcars that are utilized for the	56991
carriage of persons or property in interstate commerce.	56992

(b) Trucks and truck-tractors with a gross vehicle weight	56993
rating of greater than ten thousand pounds, trailers,	56994
semi-trailers, or passenger buses that are registered through the	56995
international registration plan and are operated under authority	56996
of a carrier authorized and certificated by the United States	56997
department of transportation or another federal authority to	56998
engage in the carriage of persons or property in interstate	56999
commerce.	57000

(c) Aircraft that are operated by air carriers authorized and	57001
certificated by the United States department of transportation or	57002
another federal authority to engage in the carriage of persons or	57003
property in interstate or foreign commerce.	57004

(d) Containers designed for use on and component parts	57005
attached to or secured on the items set forth in division	57006
(H)(1)(a), (b), or (c) of this section.	57007

(2) A sale, lease, or rental of transportation equipment	57008
shall be sourced pursuant to division (C) of this section.	57009

(I)(1) A lease or rental of tangible personal property that	57010
does not require recurring periodic payments shall be sourced	57011
pursuant to division (C) of this section.	57012

(2) A lease or rental of tangible personal property that	57013
requires recurring periodic payments shall be sourced as follows:	57014

(a) In the case of a motor vehicle, other than a motor	57015
vehicle that is transportation equipment, or an aircraft, other	57016
than an aircraft that is transportation equipment, such lease or	57017
rental shall be sourced as follows:	57018

(i) An accelerated tax payment on a lease or rental taxed	57019
pursuant to division (A)(2) of section 5739.02 of the Revised Code	57020
shall be sourced to the primary property location at the time the	57021
lease or rental is consummated. Any subsequent taxable charges on	57022
the lease or rental shall be sourced to the primary property	57023
location for the period in which the charges are incurred.	57024

(ii) For a lease or rental taxed pursuant to division (A)(3)	57025
of section 5739.02 of the Revised Code, each lease or rental	57026
installment shall be sourced to the primary property location for	57027
the period covered by the installment.	57028

(b) In the case of a lease or rental of all other tangible	57029
personal property, other than transportation equipment, such lease	57030
or rental shall be sourced as follows:	57031

(i) An accelerated tax payment on a lease or rental that is	57032
taxed pursuant to division (A)(2) of section 5739.02 of the	57033
Revised Code shall be sourced pursuant to division (C) of this	57034
section at the time the lease or rental is consummated. Any	57035
subsequent taxable charges on the lease or rental shall be sourced	57036
to the primary property location for the period in which the	57037
charges are incurred.	57038

(ii) For a lease or rental that is taxed pursuant to division	57039
(A)(3) of section 5739.02 of the Revised Code, the initial lease	57040
or rental installment shall be sourced pursuant to division (C) of	57041
this section. Each subsequent installment shall be sourced to the	57042
primary property location for the period covered by the	57043
installment.	57044

(3) As used in division (I) of this section, "primary	57045
property location" means an address for tangible personal property	57046
provided by the lessee or renter that is available to the lessor	57047
or owner from its records maintained in the ordinary course of	57048
business, when use of that address does not constitute bad faith.	57049

Sec. 5739.09. (A)(1) A board of county commissioners may, by	57050
resolution adopted by a majority of the members of the board, levy	57051
an excise tax not to exceed three per cent on transactions by	57052
which lodging by a hotel is or is to be furnished to transient	57053
guests. The board shall establish all regulations necessary to	57054
provide for the administration and allocation of the tax. The	57055
regulations may prescribe the time for payment of the tax, and may	57056
provide for the imposition of a penalty or interest, or both, for	57057
late payments, provided that the penalty does not exceed ten per	57058
cent of the amount of tax due, and the rate at which interest	57059
accrues does not exceed the rate per annum prescribed pursuant to	57060
section 5703.47 of the Revised Code. Except as provided in	57061
divisions (A)(2), (3), (4), ~~and~~ (5), (6), and (7) of this section,	57062
the regulations shall provide, after deducting the real and actual	57063
costs of administering the tax, for the return to each municipal	57064
corporation or township that does not levy an excise tax on the	57065
transactions, a uniform percentage of the tax collected in the	57066
municipal corporation or in the unincorporated portion of the	57067
township from each transaction, not to exceed thirty-three and	57068
one-third per cent. The remainder of the revenue arising from the	57069
tax shall be deposited in a separate fund and shall be spent	57070
solely to make contributions to the convention and visitors'	57071
bureau operating within the county, including a pledge and	57072
contribution of any portion of the remainder pursuant to an	57073
agreement authorized by section 307.695 of the Revised Code,	57074
provided that if the board of county commissioners of an eligible	57075
county as defined in section 307.695 of the Revised Code adopts a	57076
resolution amending a resolution levying a tax under this division	57077
to provide that the revenue from the tax shall be used by the	57078
board as described in division (H) of section 307.695 of the	57079
Revised Code, the remainder of the revenue shall be used as	57080
described in the resolution making that amendment. Except as	57081
provided in division (A)(2), (3), (4), or (5), (6), or (7) or (H)	57082
of this section, on and after May 10, 1994, a board of county	57083
commissioners may not levy an excise tax pursuant to this division	57084
in any municipal corporation or township located wholly or partly	57085
within the county that has in effect an ordinance or resolution	57086
levying an excise tax pursuant to division (B) of this section.	57087
The board of a county that has levied a tax under division (C) of	57088
this section may, by resolution adopted within ninety days after	57089
July 15, 1985, by a majority of the members of the board, amend	57090
the resolution levying a tax under this division to provide for a	57091
portion of that tax to be pledged and contributed in accordance	57092
with an agreement entered into under section 307.695 of the	57093
Revised Code. A tax, any revenue from which is pledged pursuant to	57094
such an agreement, shall remain in effect at the rate at which it	57095
is imposed for the duration of the period for which the revenue	57096
from the tax has been so pledged.	57097

The board of county commissioners of an eligible county as	57098
defined in section 307.695 of the Revised Code may, by resolution	57099
adopted by a majority of the members of the board, amend a	57100
resolution levying a tax under this division to provide that the	57101
revenue from the tax shall be used by the board as described in	57102
division (H) of section 307.695 of the Revised Code, in which case	57103
the tax shall remain in effect at the rate at which it was imposed	57104
for the duration of any agreement entered into by the board under	57105
section 307.695 of the Revised Code, the duration during which any	57106
securities issued by the board under that section are outstanding,	57107
or the duration of the period during which the board owns a	57108
project as defined in section 307.695 of the Revised Code,	57109
whichever duration is longest.	57110

(2) A board of county commissioners that levies an excise tax	57111
under division (A)(1) of this section on June 30, 1997, at a rate	57112
of three per cent, and that has pledged revenue from the tax to an	57113
agreement entered into under section 307.695 of the Revised Code	57114
or, in the case of the board of county commissioners of an	57115
eligible county as defined in section 307.695 of the Revised Code,	57116
has amended a resolution levying a tax under division (C) of this	57117
section to provide that proceeds from the tax shall be used by the	57118
board as described in division (H) of section 307.695 of the	57119
Revised Code, may, at any time by a resolution adopted by a	57120
majority of the members of the board, amend the resolution levying	57121
a tax under division (A)(1) of this section to provide for an	57122
increase in the rate of that tax up to seven per cent on each	57123
transaction; to provide that revenue from the increase in the rate	57124
shall be used as described in division (H) of section 307.695 of	57125
the Revised Code or be spent solely to make contributions to the	57126
convention and visitors' bureau operating within the county to be	57127
used specifically for promotion, advertising, and marketing of the	57128
region in which the county is located; and to provide that the	57129
rate in excess of the three per cent levied under division (A)(1)	57130
of this section shall remain in effect at the rate at which it is	57131
imposed for the duration of the period during which any agreement	57132
is in effect that was entered into under section 307.695 of the	57133
Revised Code by the board of county commissioners levying a tax	57134
under division (A)(1) of this section, the duration of the period	57135
during which any securities issued by the board under division (I)	57136
of section 307.695 of the Revised Code are outstanding, or the	57137
duration of the period during which the board owns a project as	57138
defined in section 307.695 of the Revised Code, whichever duration	57139
is longest. The amendment also shall provide that no portion of	57140
that revenue need be returned to townships or municipal	57141
corporations as would otherwise be required under division (A)(1)	57142
of this section.	57143

(3) A board of county commissioners that levies a tax under	57144
division (A)(1) of this section on March 18, 1999, at a rate of	57145
three per cent may, by resolution adopted not later than	57146
forty-five days after March 18, 1999, amend the resolution levying	57147
the tax to provide for all of the following:	57148

(a) That the rate of the tax shall be increased by not more	57149
than an additional four per cent on each transaction;	57150

(b) That all of the revenue from the increase in the rate	57151
shall be pledged and contributed to a convention facilities	57152
authority established by the board of county commissioners under	57153
Chapter 351. of the Revised Code on or before November 15, 1998,	57154
and used to pay costs of constructing, maintaining, operating, and	57155
promoting a facility in the county, including paying bonds, or	57156
notes issued in anticipation of bonds, as provided by that	57157
chapter;	57158

(c) That no portion of the revenue arising from the increase	57159
in rate need be returned to municipal corporations or townships as	57160
otherwise required under division (A)(1) of this section;	57161

(d) That the increase in rate shall not be subject to	57162
diminution by initiative or referendum or by law while any bonds,	57163
or notes in anticipation of bonds, issued by the authority under	57164
Chapter 351. of the Revised Code to which the revenue is pledged,	57165
remain outstanding in accordance with their terms, unless	57166
provision is made by law or by the board of county commissioners	57167
for an adequate substitute therefor that is satisfactory to the	57168
trustee if a trust agreement secures the bonds.	57169

Division (A)(3) of this section does not apply to the board	57170
of county commissioners of any county in which a convention center	57171
or facility exists or is being constructed on November 15, 1998,	57172
or of any county in which a convention facilities authority levies	57173
a tax pursuant to section 351.021 of the Revised Code on that	57174
date.	57175

As used in division (A)(3) of this section, "cost" and	57176
"facility" have the same meanings as in section 351.01 of the	57177
Revised Code, and "convention center" has the same meaning as in	57178
section 307.695 of the Revised Code.	57179

(4) A board of county commissioners that levies a tax under	57180
division (A)(1) of this section on June 30, 2002, at a rate of	57181
three per cent may, by resolution adopted not later than September	57182
30, 2002, amend the resolution levying the tax to provide for all	57183
of the following:	57184

(a) That the rate of the tax shall be increased by not more	57185
than an additional three and one-half per cent on each	57186
transaction;	57187

(b) That all of the revenue from the increase in rate shall	57188
be pledged and contributed to a convention facilities authority	57189
established by the board of county commissioners under Chapter	57190
351. of the Revised Code on or before May 15, 2002, and be used to	57191
pay costs of constructing, expanding, maintaining, operating, or	57192
promoting a convention center in the county, including paying	57193
bonds, or notes issued in anticipation of bonds, as provided by	57194
that chapter;	57195

(c) That no portion of the revenue arising from the increase	57196
in rate need be returned to municipal corporations or townships as	57197
otherwise required under division (A)(1) of this section;	57198

(d) That the increase in rate shall not be subject to	57199
diminution by initiative or referendum or by law while any bonds,	57200
or notes in anticipation of bonds, issued by the authority under	57201
Chapter 351. of the Revised Code to which the revenue is pledged,	57202
remain outstanding in accordance with their terms, unless	57203
provision is made by law or by the board of county commissioners	57204
for an adequate substitute therefor that is satisfactory to the	57205
trustee if a trust agreement secures the bonds.	57206

As used in division (A)(4) of this section, "cost" has the	57207
same meaning as in section 351.01 of the Revised Code, and	57208
"convention center" has the same meaning as in section 307.695 of	57209
the Revised Code.	57210

(5)(a) As used in division (A)(5) of this section:

57211

(i) "Port authority" means a port authority created under	57212
Chapter 4582. of the Revised Code.	57213

(ii) "Port authority military-use facility" means port	57214
authority facilities on which or adjacent to which is located an	57215
installation of the armed forces of the United States, a reserve	57216
component thereof, or the national guard and at least part of	57217
which is made available for use, for consideration, by the armed	57218
forces of the United States, a reserve component thereof, or the	57219
national guard.	57220

(b) For the purpose of contributing revenue to pay operating	57221
expenses of a port authority that operates a port authority	57222
military-use facility, the board of county commissioners of a	57223
county that created, participated in the creation of, or has	57224
joined such a port authority may do one or both of the following:	57225

(i) Amend a resolution previously adopted under division	57226
(A)(1) of this section to designate some or all of the revenue	57227
from the tax levied under the resolution to be used for that	57228
purpose, notwithstanding that division;	57229

(ii) Amend a resolution previously adopted under division	57230
(A)(1) of this section to increase the rate of the tax by not more	57231
than an additional two per cent and use the revenue from the	57232
increase exclusively for that purpose.	57233

(c) If a board of county commissioners amends a resolution to	57234
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	57235
of this section, the board also may amend the resolution to	57236
specify that the increase in rate of the tax does not apply to	57237
"hotels," as otherwise defined in section 5739.01 of the Revised	57238
Code, having fewer rooms used for the accommodation of guests than	57239
a number of rooms specified by the board.	57240

(6) A board of county commissioners of a county organized	57241
under a county charter adopted pursuant to Article X, Section 3,	57242
Ohio Constitution, and that levies an excise tax under division	57243
(A)(1) of this section at a rate of three per cent and levies an	57244
additional excise tax under division (E) of this section at a rate	57245
of one and one-half per cent may, by resolution adopted not later	57246
than January 1, 2008, by a majority of the members of the board,	57247
amend the resolution levying a tax under division (A)(1) of this	57248
section to provide for an increase in the rate of that tax by not	57249
more than an additional one per cent on transactions by which	57250
lodging by a hotel is or is to be furnished to transient guests.	57251
Notwithstanding divisions (A)(1) and (E) of this section, the	57252
resolution shall provide that all of the revenue from the increase	57253
in rate, after deducting the real and actual costs of	57254
administering the tax, shall be used to pay the costs of	57255
improving, expanding, equipping, financing, or operating a	57256
convention center by a convention and visitors' bureau in the	57257
county. The increase in rate shall remain in effect for the period	57258
specified in the resolution, not to exceed ten years. The increase	57259
in rate shall be subject to the regulations adopted under division	57260
(A)(1) of this section, except that the resolution may provide	57261
that no portion of the revenue from the increase in the rate shall	57262
be returned to townships or municipal corporations as would	57263
otherwise be required under that division.	57264

(7) Division (A)(7) of this section applies only to a county	57265
with a population greater than sixty-five thousand and less than	57266
seventy thousand according to the most recent federal decennial	57267
census and in which, on December 31, 2006, an excise tax is levied	57268
under division (A)(1) of this section at a rate not less than and	57269
not greater than three per cent, and in which the most recent	57270
increase in the rate of that tax was enacted or took effect in	57271
November 1984.	57272

The board of county commissioners of a county to which this	57273
division applies, by resolution adopted by a majority of the	57274
members of the board, may increase the rate of the tax by not more	57275
than one per cent on transactions by which lodging by a hotel is	57276
or is to be furnished to transient guests. The increase in rate	57277
shall be for the purpose of paying expenses deemed necessary by	57278
the convention and visitors' bureau operating in the county to	57279
promote travel and tourism. The increase in rate shall remain in	57280
effect for the period specified in the resolution, not to exceed	57281
twenty years, provided that the increase in rate may not continue	57282
beyond the time when the purpose for which the increase is levied	57283
ceases to exist. If revenue from the increase in rate is pledged	57284
to the payment of debt charges on securities, the increase in rate	57285
is not subject to diminution by initiative or referendum or by law	57286
for so long as the securities are outstanding, unless provision is	57287
made by law or by the board of county commissioners for an	57288
adequate substitute for that revenue that is satisfactory to the	57289
trustee if a trust agreement secures payment of the debt charges.	57290
The increase in rate shall be subject to the regulations adopted	57291
under division (A)(1) of this section, except that the resolution	57292
may provide that no portion of the revenue from the increase in	57293
the rate shall be returned to townships or municipal corporations	57294
as would otherwise be required under division (A)(1) of this	57295
section. A resolution adopted under division (A)(7) of this	57296
section is subject to referendum under sections 305.31 to 305.99	57297
of the Revised Code.	57298

(B)(1) The legislative authority of a municipal corporation	57299
or the board of trustees of a township that is not wholly or	57300
partly located in a county that has in effect a resolution levying	57301
an excise tax pursuant to division (A)(1) of this section may, by	57302
ordinance or resolution, levy an excise tax not to exceed three	57303
per cent on transactions by which lodging by a hotel is or is to	57304
be furnished to transient guests. The legislative authority of the	57305
municipal corporation or the board of trustees of the township	57306
shall deposit at least fifty per cent of the revenue from the tax	57307
levied pursuant to this division into a separate fund, which shall	57308
be spent solely to make contributions to convention and visitors'	57309
bureaus operating within the county in which the municipal	57310
corporation or township is wholly or partly located, and the	57311
balance of that revenue shall be deposited in the general fund.	57312
The municipal corporation or township shall establish all	57313
regulations necessary to provide for the administration and	57314
allocation of the tax. The regulations may prescribe the time for	57315
payment of the tax, and may provide for the imposition of a	57316
penalty or interest, or both, for late payments, provided that the	57317
penalty does not exceed ten per cent of the amount of tax due, and	57318
the rate at which interest accrues does not exceed the rate per	57319
annum prescribed pursuant to section 5703.47 of the Revised Code.	57320
The levy of a tax under this division is in addition to any tax	57321
imposed on the same transaction by a municipal corporation or a	57322
township as authorized by division (A) of section 5739.08 of the	57323
Revised Code.	57324

(2) The legislative authority of the most populous municipal	57325
corporation located wholly or partly in a county in which the	57326
board of county commissioners has levied a tax under division	57327
(A)(4) of this section may amend, on or before September 30, 2002,	57328
that municipal corporation's ordinance or resolution that levies	57329
an excise tax on transactions by which lodging by a hotel is or is	57330
to be furnished to transient guests, to provide for all of the	57331
following:	57332

(a) That the rate of the tax shall be increased by not more	57333
than an additional one per cent on each transaction;	57334

(b) That all of the revenue from the increase in rate shall	57335
be pledged and contributed to a convention facilities authority	57336
established by the board of county commissioners under Chapter	57337
351. of the Revised Code on or before May 15, 2002, and be used to	57338
pay costs of constructing, expanding, maintaining, operating, or	57339
promoting a convention center in the county, including paying	57340
bonds, or notes issued in anticipation of bonds, as provided by	57341
that chapter;	57342

(c) That the increase in rate shall not be subject to	57343
diminution by initiative or referendum or by law while any bonds,	57344
or notes in anticipation of bonds, issued by the authority under	57345
Chapter 351. of the Revised Code to which the revenue is pledged,	57346
remain outstanding in accordance with their terms, unless	57347
provision is made by law, by the board of county commissioners, or	57348
by the legislative authority, for an adequate substitute therefor	57349
that is satisfactory to the trustee if a trust agreement secures	57350
the bonds.	57351

As used in division (B)(2) of this section, "cost" has the	57352
same meaning as in section 351.01 of the Revised Code, and	57353
"convention center" has the same meaning as in section 307.695 of	57354
the Revised Code.	57355

(C) For the purposes described in section 307.695 of the	57356
Revised Code and to cover the costs of administering the tax, a	57357
board of county commissioners of a county where a tax imposed	57358
under division (A)(1) of this section is in effect may, by	57359
resolution adopted within ninety days after July 15, 1985, by a	57360
majority of the members of the board, levy an additional excise	57361
tax not to exceed three per cent on transactions by which lodging	57362
by a hotel is or is to be furnished to transient guests. The tax	57363
authorized by this division shall be in addition to any tax that	57364
is levied pursuant to division (A) of this section, but it shall	57365
not apply to transactions subject to a tax levied by a municipal	57366
corporation or township pursuant to the authorization granted by	57367
division (A) of section 5739.08 of the Revised Code. The board	57368
shall establish all regulations necessary to provide for the	57369
administration and allocation of the tax. The regulations may	57370
prescribe the time for payment of the tax, and may provide for the	57371
imposition of a penalty or interest, or both, for late payments,	57372
provided that the penalty does not exceed ten per cent of the	57373
amount of tax due, and the rate at which interest accrues does not	57374
exceed the rate per annum prescribed pursuant to section 5703.47	57375
of the Revised Code. All revenues arising from the tax shall be	57376
expended in accordance with section 307.695 of the Revised Code.	57377
The board of county commissioners of an eligible county as defined	57378
in section 307.695 of the Revised Code may, by resolution adopted	57379
by a majority of the members of the board, amend the resolution	57380
levying a tax under this division to provide that the revenue from	57381
the tax shall be used by the board as described in division (H) of	57382
section 307.695 of the Revised Code. A tax imposed under this	57383
division shall remain in effect at the rate at which it is imposed	57384
for the duration of the period during which any agreement entered	57385
into by the board under section 307.695 of the Revised Code is in	57386
effect, the duration of the period during which any securities	57387
issued by the board under division (I) of section 307.695 of the	57388
Revised Code are outstanding, or the duration of the period during	57389
which the board owns a project as defined in section 307.695 of	57390
the Revised Code, whichever duration is longest.	57391

(D) For the purpose of providing contributions under division	57392
(B)(1) of section 307.671 of the Revised Code to enable the	57393
acquisition, construction, and equipping of a port authority	57394
educational and cultural facility in the county and, to the extent	57395
provided for in the cooperative agreement authorized by that	57396
section, for the purpose of paying debt service charges on bonds,	57397
or notes in anticipation of bonds, described in division (B)(1)(b)	57398
of that section, a board of county commissioners, by resolution	57399
adopted within ninety days after December 22, 1992, by a majority	57400
of the members of the board, may levy an additional excise tax not	57401
to exceed one and one-half per cent on transactions by which	57402
lodging by a hotel is or is to be furnished to transient guests.	57403
The excise tax authorized by this division shall be in addition to	57404
any tax that is levied pursuant to divisions (A), (B), and (C) of	57405
this section, to any excise tax levied pursuant to section 5739.08	57406
of the Revised Code, and to any excise tax levied pursuant to	57407
section 351.021 of the Revised Code. The board of county	57408
commissioners shall establish all regulations necessary to provide	57409
for the administration and allocation of the tax that are not	57410
inconsistent with this section or section 307.671 of the Revised	57411
Code. The regulations may prescribe the time for payment of the	57412
tax, and may provide for the imposition of a penalty or interest,	57413
or both, for late payments, provided that the penalty does not	57414
exceed ten per cent of the amount of tax due, and the rate at	57415
which interest accrues does not exceed the rate per annum	57416
prescribed pursuant to section 5703.47 of the Revised Code. All	57417
revenues arising from the tax shall be expended in accordance with	57418
section 307.671 of the Revised Code and division (D) of this	57419
section. The levy of a tax imposed under this division may not	57420
commence prior to the first day of the month next following the	57421
execution of the cooperative agreement authorized by section	57422
307.671 of the Revised Code by all parties to that agreement. The	57423
tax shall remain in effect at the rate at which it is imposed for	57424
the period of time described in division (C) of section 307.671 of	57425
the Revised Code for which the revenue from the tax has been	57426
pledged by the county to the corporation pursuant to that section,	57427
but, to any extent provided for in the cooperative agreement, for	57428
no lesser period than the period of time required for payment of	57429
the debt service charges on bonds, or notes in anticipation of	57430
bonds, described in division (B)(1)(b) of that section.	57431

(E) For the purpose of paying the costs of acquiring,	57432
constructing, equipping, and improving a municipal educational and	57433
cultural facility, including debt service charges on bonds	57434
provided for in division (B) of section 307.672 of the Revised	57435
Code, and for any additional purposes determined by the county in	57436
the resolution levying the tax or amendments to the resolution,	57437
including subsequent amendments providing for paying costs of	57438
acquiring, constructing, renovating, rehabilitating, equipping,	57439
and improving a port authority educational and cultural performing	57440
arts facility, as defined in section 307.674 of the Revised Code,	57441
and including debt service charges on bonds provided for in	57442
division (B) of section 307.674 of the Revised Code, the	57443
legislative authority of a county, by resolution adopted within	57444
ninety days after June 30, 1993, by a majority of the members of	57445
the legislative authority, may levy an additional excise tax not	57446
to exceed one and one-half per cent on transactions by which	57447
lodging by a hotel is or is to be furnished to transient guests.	57448
The excise tax authorized by this division shall be in addition to	57449
any tax that is levied pursuant to divisions (A), (B), (C), and	57450
(D) of this section, to any excise tax levied pursuant to section	57451
5739.08 of the Revised Code, and to any excise tax levied pursuant	57452
to section 351.021 of the Revised Code. The legislative authority	57453
of the county shall establish all regulations necessary to provide	57454
for the administration and allocation of the tax. The regulations	57455
may prescribe the time for payment of the tax, and may provide for	57456
the imposition of a penalty or interest, or both, for late	57457
payments, provided that the penalty does not exceed ten per cent	57458
of the amount of tax due, and the rate at which interest accrues	57459
does not exceed the rate per annum prescribed pursuant to section	57460
5703.47 of the Revised Code. All revenues arising from the tax	57461
shall be expended in accordance with section 307.672 of the	57462
Revised Code and this division. The levy of a tax imposed under	57463
this division shall not commence prior to the first day of the	57464
month next following the execution of the cooperative agreement	57465
authorized by section 307.672 of the Revised Code by all parties	57466
to that agreement. The tax shall remain in effect at the rate at	57467
which it is imposed for the period of time determined by the	57468
legislative authority of the county~~, but~~. That period of time	57469
shall not to exceed fifteen years, except that the legislative	57470
authority of a county with a population of less than two hundred	57471
fifty thousand according to the most recent federal decennial	57472
census, by resolution adopted by a majority of its members before	57473
the original tax expires, may extend the duration of the tax for	57474
an additional period of time. The additional period of time by	57475
which a legislative authority extends a tax levied under this	57476
division shall not exceed fifteen years.	57477

(F) The legislative authority of a county that has levied a	57478
tax under division (E) of this section may, by resolution adopted	57479
within one hundred eighty days after January 4, 2001, by a	57480
majority of the members of the legislative authority, amend the	57481
resolution levying a tax under that division to provide for the	57482
use of the proceeds of that tax, to the extent that it is no	57483
longer needed for its original purpose as determined by the	57484
parties to a cooperative agreement amendment pursuant to division	57485
(D) of section 307.672 of the Revised Code, to pay costs of	57486
acquiring, constructing, renovating, rehabilitating, equipping,	57487
and improving a port authority educational and cultural performing	57488
arts facility, including debt service charges on bonds provided	57489
for in division (B) of section 307.674 of the Revised Code, and to	57490
pay all obligations under any guaranty agreements, reimbursement	57491
agreements, or other credit enhancement agreements described in	57492
division (C) of section 307.674 of the Revised Code. The	57493
resolution may also provide for the extension of the tax at the	57494
same rate for the longer of the period of time determined by the	57495
legislative authority of the county, but not to exceed an	57496
additional twenty-five years, or the period of time required to	57497
pay all debt service charges on bonds provided for in division (B)	57498
of section 307.672 of the Revised Code and on port authority	57499
revenue bonds provided for in division (B) of section 307.674 of	57500
the Revised Code. All revenues arising from the amendment and	57501
extension of the tax shall be expended in accordance with section	57502
307.674 of the Revised Code, this division, and division (E) of	57503
this section.	57504

(G) For purposes of a tax levied by a county, township, or	57505
municipal corporation under this section or section 5739.08 of the	57506
Revised Code, a board of county commissioners, board of township	57507
trustees, or the legislative authority of a municipal corporation	57508
may adopt a resolution or ordinance at any time specifying that	57509
"hotel," as otherwise defined in section 5739.01 of the Revised	57510
Code, includes establishments in which fewer than five rooms are	57511
used for the accommodation of guests. The resolution or ordinance	57512
may apply to a tax imposed pursuant to this section prior to the	57513
adoption of the resolution or ordinance if the resolution or	57514
ordinance so states, but the tax shall not apply to transactions	57515
by which lodging by such an establishment is provided to transient	57516
guests prior to the adoption of the resolution or ordinance.	57517

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

57518

(a) "Convention facilities authority" has the same meaning as	57519
in section 351.01 of the Revised Code.	57520

(b) "Convention center" has the same meaning as in section	57521
307.695 of the Revised Code.	57522

(2) Notwithstanding any contrary provision of division (D) of	57523
this section, the legislative authority of a county with a	57524
population of one million or more according to the most recent	57525
federal decennial census that has levied a tax under division (D)	57526
of this section may, by resolution adopted by a majority of the	57527
members of the legislative authority, provide for the extension of	57528
such levy and may provide that the proceeds of that tax, to the	57529
extent that they are no longer needed for their original purpose	57530
as defined by a cooperative agreement entered into under section	57531
307.671 of the Revised Code, shall be deposited into the county	57532
general revenue fund. The resolution shall provide for the	57533
extension of the tax at a rate not to exceed the rate specified in	57534
division (D) of this section for a period of time determined by	57535
the legislative authority of the county, but not to exceed an	57536
additional forty years.	57537

(3) The legislative authority of a county with a population	57538
of one million or more that has levied a tax under division (A)(1)	57539
of this section may, by resolution adopted by a majority of the	57540
members of the legislative authority, increase the rate of the tax	57541
levied by such county under division (A)(1) of this section to a	57542
rate not to exceed five per cent on transactions by which lodging	57543
by a hotel is or is to be furnished to transient guests.	57544
Notwithstanding any contrary provision of division (A)(1) of this	57545
section, the resolution may provide that all collections resulting	57546
from the rate levied in excess of three per cent, after deducting	57547
the real and actual costs of administering the tax, shall be	57548
deposited in the county general fund.	57549

(4) The legislative authority of a county with a population	57550
of one million or more that has levied a tax under division (A)(1)	57551
of this section may, by resolution adopted on or before August 30,	57552
2004, by a majority of the members of the legislative authority,	57553
provide that all or a portion of the proceeds of the tax levied	57554
under division (A)(1) of this section, after deducting the real	57555
and actual costs of administering the tax and the amounts required	57556
to be returned to townships and municipal corporations with	57557
respect to the first three per cent levied under division (A)(1)	57558
of this section, shall be deposited in the county general fund,	57559
provided that such proceeds shall be used to satisfy any pledges	57560
made in connection with an agreement entered into under section	57561
307.695 of the Revised Code.	57562

(5) No amount collected from a tax levied, extended, or	57563
required to be deposited in the county general fund under division	57564
(H) of this section shall be contributed to a convention	57565
facilities authority, corporation, or other entity created after	57566
July 1, 2003, for the principal purpose of constructing,	57567
improving, expanding, equipping, financing, or operating a	57568
convention center unless the mayor of the municipal corporation in	57569
which the convention center is to be operated by that convention	57570
facilities authority, corporation, or other entity has consented	57571
to the creation of that convention facilities authority,	57572
corporation, or entity. Notwithstanding any contrary provision of	57573
section 351.04 of the Revised Code, if a tax is levied by a county	57574
under division (H) of this section, the board of county	57575
commissioners of that county may determine the manner of	57576
selection, the qualifications, the number, and terms of office of	57577
the members of the board of directors of any convention facilities	57578
authority, corporation, or other entity described in division	57579
(H)(5) of this section.	57580

(6)(a) No amount collected from a tax levied, extended, or	57581
required to be deposited in the county general fund under division	57582
(H) of this section may be used for any purpose other than paying	57583
the direct and indirect costs of constructing, improving,	57584
expanding, equipping, financing, or operating a convention center	57585
and for the real and actual costs of administering the tax,	57586
unless, prior to the adoption of the resolution of the legislative	57587
authority of the county authorizing the levy, extension, increase,	57588
or deposit, the county and the mayor of the most populous	57589
municipal corporation in that county have entered into an	57590
agreement as to the use of such amounts, provided that such	57591
agreement has been approved by a majority of the mayors of the	57592
other municipal corporations in that county. The agreement shall	57593
provide that the amounts to be used for purposes other than paying	57594
the convention center or administrative costs described in	57595
division (H)(6)(a) of this section be used only for the direct and	57596
indirect costs of capital improvements, including the financing of	57597
capital improvements.	57598

(b) If the county in which the tax is levied has an	57599
association of mayors and city managers, the approval of that	57600
association of an agreement described in division (H)(6)(a) of	57601
this section shall be considered to be the approval of the	57602
majority of the mayors of the other municipal corporations for	57603
purposes of that division.	57604

(7) Each year, the auditor of state shall conduct an audit of	57605
the uses of any amounts collected from taxes levied, extended, or	57606
deposited under division (H) of this section and shall prepare a	57607
report of the auditor of state's findings. The auditor of state	57608
shall submit the report to the legislative authority of the county	57609
that has levied, extended, or deposited the tax, the speaker of	57610
the house of representatives, the president of the senate, and the	57611
leaders of the minority parties of the house of representatives	57612
and the senate.	57613

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

57614

(a) "Convention facilities authority" has the same meaning as	57615
in section 351.01 of the Revised Code.	57616

(b) "Convention center" has the same meaning as in section	57617
307.695 of the Revised Code.	57618

(2) Notwithstanding any contrary provision of division (D) of	57619
this section, the legislative authority of a county with a	57620
population of one million two hundred thousand or more according	57621
to the most recent federal decennial census or the most recent	57622
annual population estimate published or released by the United	57623
States census bureau at the time the resolution is adopted placing	57624
the levy on the ballot, that has levied a tax under division (D)	57625
of this section may, by resolution adopted by a majority of the	57626
members of the legislative authority, provide for the extension of	57627
such levy and may provide that the proceeds of that tax, to the	57628
extent that the proceeds are no longer needed for their original	57629
purpose as defined by a cooperative agreement entered into under	57630
section 307.671 of the Revised Code and after deducting the real	57631
and actual costs of administering the tax, shall be used for	57632
paying the direct and indirect costs of constructing, improving,	57633
expanding, equipping, financing, or operating a convention center.	57634
The resolution shall provide for the extension of the tax at a	57635
rate not to exceed the rate specified in division (D) of this	57636
section for a period of time determined by the legislative	57637
authority of the county, but not to exceed an additional forty	57638
years.	57639

(3) The legislative authority of a county with a population	57640
of one million two hundred thousand or more that has levied a tax	57641
under division (A)(1) of this section may, by resolution adopted	57642
by a majority of the members of the legislative authority,	57643
increase the rate of the tax levied by such county under division	57644
(A)(1) of this section to a rate not to exceed five per cent on	57645
transactions by which lodging by a hotel is or is to be furnished	57646
to transient guests. Notwithstanding any contrary provision of	57647
division (A)(1) of this section, the resolution shall provide that	57648
all collections resulting from the rate levied in excess of three	57649
per cent, after deducting the real and actual costs of	57650
administering the tax, shall be used for paying the direct and	57651
indirect costs of constructing, improving, expanding, equipping,	57652
financing, or operating a convention center.	57653

(4) The legislative authority of a county with a population	57654
of one million two hundred thousand or more that has levied a tax	57655
under division (A)(1) of this section may, by resolution adopted	57656
on or before July 1, 2008, by a majority of the members of the	57657
legislative authority, provide that all or a portion of the	57658
proceeds of the tax levied under division (A)(1) of this section,	57659
after deducting the real and actual costs of administering the tax	57660
and the amounts required to be returned to townships and municipal	57661
corporations with respect to the first three per cent levied under	57662
division (A)(1) of this section, shall be used to satisfy any	57663
pledges made in connection with an agreement entered into under	57664
section 307.695 of the Revised Code or shall otherwise be used for	57665
paying the direct and indirect costs of constructing, improving,	57666
expanding, equipping, financing, or operating a convention center.	57667

(5) Any amount collected from a tax levied or extended under	57668
division (I) of this section may be contributed to a convention	57669
facilities authority created before July 1, 2005, but no amount	57670
collected from a tax levied or extended under division (I) of this	57671
section may be contributed to a convention facilities authority,	57672
corporation, or other entity created after July 1, 2005, unless	57673
the mayor of the municipal corporation in which the convention	57674
center is to be operated by that convention facilities authority,	57675
corporation, or other entity has consented to the creation of that	57676
convention facilities authority, corporation, or entity.	57677

Sec. 5739.12. (A) Each person who has or is required to have	57678
a vendor's license, on or before the twenty-third day of each	57679
month, shall make and file a return for the preceding month, on	57680
forms prescribed by the tax commissioner, and shall pay the tax	57681
shown on the return to be due. The commissioner may require a	57682
vendor that operates from multiple locations or has multiple	57683
vendor's licenses to report all tax liabilities on one	57684
consolidated return. The return shall show the amount of tax due	57685
from the vendor to the state for the period covered by the return	57686
and such other information as the commissioner deems necessary for	57687
the proper administration of this chapter. The commissioner may	57688
extend the time for making and filing returns and paying the tax,	57689
and may require that the return for the last month of any annual	57690
or semiannual period, as determined by the commissioner, be a	57691
reconciliation return detailing the vendor's sales activity for	57692
the preceding annual or semiannual period. The reconciliation	57693
return shall be filed by the last day of the month following the	57694
last month of the annual or semiannual period. The commissioner	57695
may remit all or any part of amounts or penalties that may become	57696
due under this chapter and may adopt rules relating thereto. Such	57697
return shall be filed by mailing it to the tax commissioner,	57698
together with payment of the amount of tax shown to be due thereon	57699
after deduction of any discount provided for under this section.	57700
Remittance shall be made payable to the treasurer of state. The	57701
return shall be considered filed when received by the tax	57702
commissioner, and the payment shall be considered made when	57703
received by the tax commissioner or when credited to an account	57704
designated by the treasurer of state or the tax commissioner.	57705

(B)(1) If the return is filed and the amount of tax shown	57706
thereon to be due is paid on or before the date such return is	57707
required to be filed, the vendor shall be entitled to ~~the~~	57708
~~following~~a discount of:	57709

~~(1)~~(a) On and after July 1, 2005, and on and before June 30,	57710
2007, nine-tenths of one per cent of the amount shown to be due on	57711
the return;	57712

~~(2)~~(b) On and after July 1, 2007, three-fourths of one per	57713
cent of the amount shown to be due on the return.	57714

(2) A vendor that has selected a certified service provider	57715
as its agent shall not be entitled to the discount if the	57716
certified service provider receives a monetary allowance pursuant	57717
to section 5739.06 of the Revised Code for performing the vendor's	57718
sales and use tax functions in this state. Amounts paid to the	57719
clerk of courts pursuant to section 4505.06 of the Revised Code	57720
shall be subject to the applicable discount. The discount shall be	57721
in consideration for prompt payment to the clerk of courts and for	57722
other services performed by the vendor in the collection of the	57723
tax.	57724

(C)(1) Upon application to the commissioner, a vendor who is	57725
required to file monthly returns may be relieved of the	57726
requirement to report and pay the actual tax due, provided that	57727
the vendor agrees to remit to the tax commissioner payment of not	57728
less than an amount determined by the commissioner to be the	57729
average monthly tax liability of the vendor, based upon a review	57730
of the returns or other information pertaining to such vendor for	57731
a period of not less than six months nor more than two years	57732
immediately preceding the filing of the application. Vendors who	57733
agree to the above conditions shall make and file an annual or	57734
semiannual reconciliation return, as prescribed by the	57735
commissioner. The reconciliation return shall be filed by mailing	57736
or delivering it to the tax commissioner, together with payment of	57737
the amount of tax shown to be due thereon after deduction of any	57738
discount provided in this section. Remittance shall be made	57739
payable to the treasurer of state. Failure of a vendor to comply	57740
with any of the above conditions may result in immediate	57741
reinstatement of the requirement of reporting and paying the	57742
actual tax liability on each monthly return, and the commissioner	57743
may at the commissioner's discretion deny the vendor the right to	57744
report and pay based upon the average monthly liability for a	57745
period not to exceed two years. The amount ascertained by the	57746
commissioner to be the average monthly tax liability of a vendor	57747
may be adjusted, based upon a review of the returns or other	57748
information pertaining to the vendor for a period of not less than	57749
six months nor more than two years preceding such adjustment.	57750

(2) The commissioner may authorize vendors whose tax	57751
liability is not such as to merit monthly returns, as ascertained	57752
by the commissioner upon the basis of administrative costs to the	57753
state, to make and file returns at less frequent intervals. When	57754
returns are filed at less frequent intervals in accordance with	57755
such authorization, the vendor shall be allowed the discount	57756
provided in this section in consideration for prompt payment with	57757
the return, provided the return is filed together with payment of	57758
the amount of tax shown to be due thereon, at the time specified	57759
by the commissioner, but a vendor that has selected a certified	57760
service provider as its agent shall not be entitled to the	57761
discount.	57762

(D) Any vendor who fails to file a return or pay the full	57763
amount of the tax shown on the return to be due under this section	57764
and the rules of the commissioner may, for each such return the	57765
vendor fails to file or each such tax the vendor fails to pay in	57766
full as shown on the return within the period prescribed by this	57767
section and the rules of the commissioner, be required to forfeit	57768
and pay into the state treasury an additional charge not exceeding	57769
fifty dollars or ten per cent of the tax required to be paid for	57770
the reporting period, whichever is greater, as revenue arising	57771
from the tax imposed by this chapter, and such sum may be	57772
collected by assessment in the manner provided in section 5739.13	57773
of the Revised Code. The commissioner may remit all or a portion	57774
of the additional charge and may adopt rules relating to the	57775
imposition and remission of the additional charge.	57776

(E) If the amount required to be collected by a vendor from	57777
consumers is in excess of the applicable percentage of the	57778
vendor's receipts from sales that are taxable under section	57779
5739.02 of the Revised Code, or in the case of sales subject to a	57780
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	57781
the Revised Code, in excess of the percentage equal to the	57782
aggregate rate of such taxes and the tax levied by section 5739.02	57783
of the Revised Code, such excess shall be remitted along with the	57784
remittance of the amount of tax due under section 5739.10 of the	57785
Revised Code.	57786

(F) The commissioner, if the commissioner deems it necessary	57787
in order to insure the payment of the tax imposed by this chapter,	57788
may require returns and payments to be made for other than monthly	57789
periods. The returns shall be signed by the vendor or the vendor's	57790
authorized agent.	57791

(G) Any vendor required to file a return and pay the tax	57792
under this section, whose total payment equals or exceeds the	57793
amount shown in division (A) of section 5739.122 of the Revised	57794
Code, shall make each payment required by this section in the	57795
second ensuing and each succeeding year by electronic funds	57796
transfer as prescribed by, and on or before the dates specified	57797
in, section 5739.122 of the Revised Code, except as otherwise	57798
prescribed by that section. For a vendor that operates from	57799
multiple locations or has multiple vendor's licenses, in	57800
determining whether the vendor's total payment equals or exceeds	57801
the amount shown in division (A) of that section, the vendor's	57802
total payment amount shall be the amount of the vendor's total tax	57803
liability for the previous calendar year for all of the vendor's	57804
locations or licenses.	57805

Sec. 5739.122. (A) If the total amount of tax required to be	57806
paid by a vendor under section 5739.12 of the Revised Code for any	57807
calendar year equals or exceeds seventy-five thousand dollars, the	57808
vendor shall remit each monthly tax payment in the second ensuing	57809
and each succeeding tax year by electronic funds transfer as	57810
prescribed by divisions (B) and (C) of this section.	57811

If a vendor's tax payment for each of two consecutive years	57812
is less than seventy-five thousand dollars, the vendor is relieved	57813
of the requirement to remit taxes by electronic funds transfer for	57814
the year that next follows the second of the consecutive years in	57815
which the tax payment is less than that amount, and is relieved of	57816
that requirement for each succeeding year, unless the tax payment	57817
in a subsequent year equals or exceeds seventy-five thousand	57818
dollars.	57819

The tax commissioner shall notify each vendor required to	57820
remit taxes by electronic funds transfer of the vendor's	57821
obligation to do so, shall maintain an updated list of those	57822
vendors, and shall timely certify the list and any additions	57823
thereto or deletions therefrom to the treasurer of state. Failure	57824
by the tax commissioner to notify a vendor subject to this section	57825
to remit taxes by electronic funds transfer does not relieve the	57826
vendor of its obligation to remit taxes by electronic funds	57827
transfer.	57828

(B) Vendors required by division (A) of this section to remit	57829
payments by electronic funds transfer shall remit such payments to	57830
the treasurer of state in the manner prescribed by this section	57831
and rules adopted by the treasurer of state under section 113.061	57832
of the Revised Code, and ~~on or before the following dates~~as	57833
follows:	57834

(1) ~~On or before the fifteenth day of each month, a vendor~~	57835
~~shall remit an amount equal to the taxes collected during the~~	57836
~~first eleven days of the month. On or before the twenty-fifth day~~	57837
~~of each month, a vendor shall remit an amount equal to the taxes~~	57838
~~collected on the twelfth through the twenty-first day of the~~	57839
~~month.~~	57840

~~(2) In lieu of remitting the actual amounts collected for the~~	57841
~~periods specified in division (B)(1) of this section, a vendor~~	57842
~~may, on or before each of the fifteenth and twenty-fifth days of~~	57843
~~each month, remit an amount equal to thirty-seven and one-half per~~	57844
~~cent of the vendor's total tax liability for the same month in the~~	57845
~~preceding calendar year.~~	57846

~~(3)~~On or before the twenty-third day of each month, a vendor	57847
shall remit an amount equal to seventy-five per cent of the	57848
anticipated tax liability for that month.	57849

(2) On or before the twenty-third day of each month, a vendor	57850
shall report the taxes collected for the previous month and shall	57851
remit that amount, less any amounts paid for that month as	57852
required by division (B)(1) ~~or (2)~~ of this section.	57853

The payment of taxes by electronic funds transfer does not	57854
affect a vendor's obligation to file the monthly return as	57855
required under section 5739.12 of the Revised Code.	57856

(C) A vendor required by this section to remit taxes by	57857
electronic funds transfer may apply to the treasurer of state in	57858
the manner prescribed by the treasurer of state to be excused from	57859
that requirement. The treasurer of state may excuse the vendor	57860
from remittance by electronic funds transfer for good cause shown	57861
for the period of time requested by the vendor or for a portion of	57862
that period. The treasurer of state shall notify the tax	57863
commissioner and the vendor of the treasurer of state's decision	57864
as soon as is practicable.	57865

(D)(1)(a) If a vendor that is required to remit payments	57866
under division (B) of this section fails to make a payment, or	57867
makes a payment under division (B)(1) of this section that is less	57868
than seventy-five per cent of the actual liability for that month,	57869
the commissioner may impose an additional charge not to exceed	57870
five per cent of that unpaid amount.	57871

(b) Division (D)(1)(a) of this section does not apply if the	57872
vendor's payment under division (B)(1) of this section is equal to	57873
or greater than seventy-five per cent of the vendor's reported	57874
liability for the same month in the immediately preceding calendar	57875
year.	57876

(2) If a vendor required by this section to remit taxes by	57877
electronic funds transfer remits those taxes by some means other	57878
than by electronic funds transfer as prescribed by this section	57879
and the rules adopted by the treasurer of state, and the treasurer	57880
of state determines that such failure was not due to reasonable	57881
cause or was due to willful neglect, the treasurer of state shall	57882
notify the tax commissioner of the failure to remit by electronic	57883
funds transfer and shall provide the commissioner with any	57884
information used in making that determination. The tax	57885
commissioner may impose an additional charge not to exceed the	57886
lesser of five per cent of the amount of the taxes required to be	57887
paid by electronic funds transfer or five thousand dollars.	57888

(3) Any additional charge imposed under division (D)(1) or	57889
(2) of this section is in addition to any other penalty or charge	57890
imposed under this chapter, and shall be considered as revenue	57891
arising from taxes imposed under this chapter. An additional	57892
charge may be collected by assessment in the manner prescribed by	57893
section 5739.13 of the Revised Code. The tax commissioner may	57894
waive all or a portion of such a charge and may adopt rules	57895
governing such waiver.	57896

No additional charge shall be imposed under division (D)(2)	57897
of this section against a vendor that has been notified of its	57898
obligation to remit taxes under this section and that remits its	57899
first two tax payments after such notification by some means other	57900
than electronic funds transfer. The additional charge may be	57901
imposed upon the remittance of any subsequent tax payment that the	57902
vendor remits by some means other than electronic funds transfer.	57903

Sec. 5739.124. (A) If required by the tax commissioner, a	57904
person required to make payments by electronic funds transfer	57905
under section 5739.032 or 5739.122 of the Revised Code shall file	57906
all returns and reports electronically. The commissioner may	57907
require the person to use the Ohio business gateway, as defined in	57908
section 718.051 of the Revised Code, or any other electronic	57909
means, to file the returns and reports, or to remit the tax, in	57910
lieu of the manner prescribed by the treasurer of state under	57911
sections 5739.032 and 5739.122 of the Revised Code.	57912

(B) A person required under this section to file reports and	57913
returns electronically may apply to the commissioner to be excused	57914
from that requirement. Applications shall be made on a form	57915
prescribed by the commissioner. The commissioner may approve the	57916
application for good cause.	57917

(C)(1) If a person required to file a report or return	57918
electronically under this section fails to do so, the commissioner	57919
may impose an additional charge not to exceed the following:	57920

(a) For each of the first two failures, five per cent of the	57921
amount required to be reported on the report or return;	57922

(b) For the third and any subsequent failure, ten per cent of	57923
the amount required to be reported on the report or return.	57924

(2) The charges authorized under division (C)(1) of this	57925
section are in addition to any other charge or penalty authorized	57926
under this chapter, and shall be considered as revenue arising	57927
from taxes imposed under this chapter. An additional charge may be	57928
collected by assessment in the manner prescribed by section	57929
5739.13 of the Revised Code. The commissioner may waive all or a	57930
portion of such a charge and may adopt rules governing such	57931
waiver.	57932

Sec. 5739.21. (A) ~~Four and two-tenths~~One hundred per cent	57933
of all money deposited into the state treasury under sections	57934
5739.01 to 5739.31 of the Revised Code and not required to be	57935
distributed as provided in section 5739.102 of the Revised Code or	57936
division (B) of this section shall be credited to ~~the local~~	57937
~~government fund for distribution in accordance with section~~	57938
~~5747.50 of the Revised Code, six-tenths of one per cent shall be~~	57939
~~credited to the local government revenue assistance fund for~~	57940
~~distribution in accordance with section 5747.61 of the Revised~~	57941
~~Code, and ninety-five and two-tenths per cent shall be credited to~~	57942
the general revenue fund.	57943

(B)(1) In any case where any county or transit authority has	57944
levied a tax or taxes pursuant to section 5739.021, 5739.023, or	57945
5739.026 of the Revised Code, the tax commissioner shall, within	57946
forty-five days after the end of each month, determine and certify	57947
to the director of budget and management the amount of the	57948
proceeds of such tax or taxes received during that month from	57949
billings and assessments, or associated with tax returns or	57950
reports filed during that month, to be returned to the county or	57951
transit authority levying the tax or taxes. The amount to be	57952
returned to each county and transit authority shall be a fraction	57953
of the aggregate amount of money collected with respect to each	57954
area in which one or more of such taxes are concurrently in effect	57955
with the tax levied by section 5739.02 of the Revised Code. The	57956
numerator of the fraction is the rate of the tax levied by the	57957
county or transit authority and the denominator of the fraction is	57958
the aggregate rate of such taxes applicable to such area. The	57959
amount to be returned to each county or transit authority shall be	57960
reduced by the amount of any refunds of county or transit	57961
authority tax paid pursuant to section 5739.07 of the Revised Code	57962
during the same month, or transfers made pursuant to division	57963
(B)(2) of section 5703.052 of the Revised Code.	57964

(2) On a periodic basis, using the best information	57965
available, the tax commissioner shall distribute any amount of a	57966
county or transit authority tax that cannot be distributed under	57967
division (B)(1) of this section. Through audit or other means, the	57968
commissioner shall attempt to obtain the information necessary to	57969
make the distribution as provided under that division and, on	57970
receipt of that information, shall make adjustments to	57971
distributions previously made under this division.	57972

(C) The aggregate amount to be returned to any county or	57973
transit authority shall be reduced by one per cent, which shall be	57974
certified directly to the credit of the local sales tax	57975
administrative fund, which is hereby created in the state	57976
treasury. For the purpose of determining the amount to be returned	57977
to a county and transit authority in which the rate of tax imposed	57978
by the transit authority has been reduced under section 5739.028	57979
of the Revised Code, the tax commissioner shall use the respective	57980
rates of tax imposed by the county or transit authority that	57981
results from the change in the rates authorized under that	57982
section.	57983

(D) The director of budget and management shall transfer,	57984
from the same funds and in the same proportions specified in	57985
division (A) of this section, to the permissive tax distribution	57986
fund created by division (B)(1) of section 4301.423 of the Revised	57987
Code and to the local sales tax administrative fund, the amounts	57988
certified by the tax commissioner. The tax commissioner shall	57989
then, on or before the twentieth day of the month in which such	57990
certification is made, provide for payment of such respective	57991
amounts to the county treasurer and to the fiscal officer of the	57992
transit authority levying the tax or taxes. The amount transferred	57993
to the local sales tax administrative fund is for use by the tax	57994
commissioner in defraying costs incurred in administering such	57995
taxes levied by a county or transit authority.	57996

Sec. 5739.213. Notwithstanding section 5739.21 or 5741.03 of	57997
the Revised Code, of the revenue collected from the tax due under	57998
division (A) of section 5739.029 of the Revised Code, an amount	57999
equal to one-half per cent of the price of each transaction	58000
subject to taxation under that division shall be distributed to	58001
the county where the sale is sitused as provided in section	58002
5739.035 of the Revised Code. The amount to be so distributed to	58003
each county shall be credited to the funds of the county as	58004
provided by divisions (A) and (B) of section 5739.211 of the	58005
Revised Code.	58006

Sec. 5741.02. (A)(1) For the use of the general revenue fund	58007
of the state, an excise tax is hereby levied on the storage, use,	58008
or other consumption in this state of tangible personal property	58009
or the benefit realized in this state of any service provided. The	58010
tax shall be collected as provided in section 5739.025 of the	58011
Revised Code, provided that on and after July 1, 2003, and on or	58012
before June 30, 2005, the rate of the tax shall be six per cent.	58013
On and after July 1, 2005, the rate of the tax shall be five and	58014
one-half per cent.	58015

(2) In the case of the lease or rental, with a fixed term of	58016
more than thirty days or an indefinite term with a minimum period	58017
of more than thirty days, of any motor vehicles designed by the	58018
manufacturer to carry a load of not more than one ton, watercraft,	58019
outboard motor, or aircraft, or of any tangible personal property,	58020
other than motor vehicles designed by the manufacturer to carry a	58021
load of more than one ton, to be used by the lessee or renter	58022
primarily for business purposes, the tax shall be collected by the	58023
seller at the time the lease or rental is consummated and shall be	58024
calculated by the seller on the basis of the total amount to be	58025
paid by the lessee or renter under the lease or rental agreement.	58026
If the total amount of the consideration for the lease or rental	58027
includes amounts that are not calculated at the time the lease or	58028
rental is executed, the tax shall be calculated and collected by	58029
the seller at the time such amounts are billed to the lessee or	58030
renter. In the case of an open-end lease or rental, the tax shall	58031
be calculated by the seller on the basis of the total amount to be	58032
paid during the initial fixed term of the lease or rental, and for	58033
each subsequent renewal period as it comes due. As used in this	58034
division, "motor vehicle" has the same meaning as in section	58035
4501.01 of the Revised Code, and "watercraft" includes an outdrive	58036
unit attached to the watercraft.	58037

(3) Except as provided in division (A)(2) of this section, in	58038
the case of a transaction, the price of which consists in whole or	58039
part of the lease or rental of tangible personal property, the tax	58040
shall be measured by the installments of those leases or rentals.	58041

(B) Each consumer, storing, using, or otherwise consuming in	58042
this state tangible personal property or realizing in this state	58043
the benefit of any service provided, shall be liable for the tax,	58044
and such liability shall not be extinguished until the tax has	58045
been paid to this state; provided, that the consumer shall be	58046
relieved from further liability for the tax if the tax has been	58047
paid to a seller in accordance with section 5741.04 of the Revised	58048
Code or prepaid by the seller in accordance with section 5741.06	58049
of the Revised Code.	58050

(C) The tax does not apply to the storage, use, or	58051
consumption in this state of the following described tangible	58052
personal property or services, nor to the storage, use, or	58053
consumption or benefit in this state of tangible personal property	58054
or services purchased under the following described circumstances:	58055

(1) When the sale of property or service in this state is	58056
subject to the excise tax imposed by sections 5739.01 to 5739.31	58057
of the Revised Code, provided said tax has been paid;	58058

(2) Except as provided in division (D) of this section,	58059
tangible personal property or services, the acquisition of which,	58060
if made in Ohio, would be a sale not subject to the tax imposed by	58061
sections 5739.01 to 5739.31 of the Revised Code;	58062

(3) Property or services, the storage, use, or other	58063
consumption of or benefit from which this state is prohibited from	58064
taxing by the Constitution of the United States, laws of the	58065
United States, or the Constitution of this state. This exemption	58066
shall not exempt from the application of the tax imposed by this	58067
section the storage, use, or consumption of tangible personal	58068
property that was purchased in interstate commerce, but that has	58069
come to rest in this state, provided that fuel to be used or	58070
transported in carrying on interstate commerce that is stopped	58071
within this state pending transfer from one conveyance to another	58072
is exempt from the excise tax imposed by this section and section	58073
5739.02 of the Revised Code;	58074

(4) Transient use of tangible personal property in this state	58075
by a nonresident tourist or vacationer, or a nonbusiness use	58076
within this state by a nonresident of this state, if the property	58077
so used was purchased outside this state for use outside this	58078
state and is not required to be registered or licensed under the	58079
laws of this state;	58080

(5) Tangible personal property or services rendered, upon	58081
which taxes have been paid to another jurisdiction to the extent	58082
of the amount of the tax paid to such other jurisdiction. Where	58083
the amount of the tax imposed by this section and imposed pursuant	58084
to section 5741.021, 5741.022, or 5741.023 of the Revised Code	58085
exceeds the amount paid to another jurisdiction, the difference	58086
shall be allocated between the tax imposed by this section and any	58087
tax imposed by a county or a transit authority pursuant to section	58088
5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion	58089
to the respective rates of such taxes.	58090

As used in this subdivision, "taxes paid to another	58091
jurisdiction" means the total amount of retail sales or use tax or	58092
similar tax based upon the sale, purchase, or use of tangible	58093
personal property or services rendered legally, levied by and paid	58094
to another state or political subdivision thereof, or to the	58095
District of Columbia, where the payment of such tax does not	58096
entitle the taxpayer to any refund or credit for such payment.	58097

(6) The transfer of a used manufactured home or used mobile	58098
home, as defined by section 5739.0210 of the Revised Code, made on	58099
or after January 1, 2000;	58100

(7) Drugs that are or are intended to be distributed free of	58101
charge to a practitioner licensed to prescribe, dispense, and	58102
administer drugs to a human being in the course of a professional	58103
practice and that by law may be dispensed only by or upon the	58104
order of such a practitioner.	58105

(8) Computer equipment and related software leased from a	58106
lessor located outside this state and initially received in this	58107
state on behalf of the consumer by a third party that will retain	58108
possession of such property for not more than ninety days and that	58109
will, within that ninety-day period, deliver such property to the	58110
consumer at a location outside this state. Division (C)(8) of this	58111
section does not provide exemption from taxation for any otherwise	58112
taxable charges associated with such property while it is in this	58113
state or for any subsequent storage, use, or consumption of such	58114
property in this state by or on behalf of the consumer.	58115

(9) ~~Cigarettes that have a wholesale value of three hundred~~	58116
~~dollars or less used, stored, or consumed, but not for resale, in~~	58117
~~any month.~~	58118

~~(10)~~ Tangible personal property held for sale by a person but	58119
not for that person's own use and donated by that person, without	58120
charge or other compensation, to either of the following:	58121

(a) A nonprofit organization operated exclusively for	58122
charitable purposes in this state, no part of the net income of	58123
which inures to the benefit of any private shareholder or	58124
individual and no substantial part of the activities of which	58125
consists of carrying on propaganda or otherwise attempting to	58126
influence legislation; or	58127

(b) This state or any political subdivision of this state,	58128
but only if donated for exclusively public purposes.	58129

For the purposes of division (C)(10) of this section,	58130
"charitable purposes" has the same meaning as in division (B)(12)	58131
of section 5739.02 of the Revised Code.	58132

(D) The tax applies to the storage, use, or other consumption	58133
in this state of tangible personal property or services, the	58134
acquisition of which at the time of sale was excepted under	58135
division (E) of section 5739.01 of the Revised Code from the tax	58136
imposed by section 5739.02 of the Revised Code, but which has	58137
subsequently been temporarily or permanently stored, used, or	58138
otherwise consumed in a taxable manner.	58139

(E)(1)(a) If any transaction is claimed to be exempt under	58140
division (E) of section 5739.01 of the Revised Code or under	58141
section 5739.02 of the Revised Code, with the exception of	58142
divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised	58143
Code, the consumer shall provide to the seller, and the seller	58144
shall obtain from the consumer, a certificate specifying the	58145
reason that the transaction is not subject to the tax. The	58146
certificate shall be in such form, and shall be provided either in	58147
a hard copy form or electronic form, as the tax commissioner	58148
prescribes.	58149

(b) A seller that obtains a fully completed exemption	58150
certificate from a consumer is relieved of liability for	58151
collecting and remitting tax on any sale covered by that	58152
certificate. If it is determined the exemption was improperly	58153
claimed, the consumer shall be liable for any tax due on that sale	58154
under this chapter. Relief under this division from liability does	58155
not apply to any of the following:	58156

(i) A seller that fraudulently fails to collect tax;

58157

(ii) A seller that solicits consumers to participate in the	58158
unlawful claim of an exemption;	58159

(iii) A seller that accepts an exemption certificate from a	58160
consumer that claims an exemption based on who purchases or who	58161
sells property or a service, when the subject of the transaction	58162
sought to be covered by the exemption certificate is actually	58163
received by the consumer at a location operated by the seller in	58164
this state, and this state has posted to its web site an exemption	58165
certificate form that clearly and affirmatively indicates that the	58166
claimed exemption is not available in this state;	58167

(iv) A seller that accepts an exemption certificate from a	58168
consumer who claims a multiple points of use exemption under	58169
division (D) of section 5739.033 of the Revised Code, if the item	58170
purchased is tangible personal property, other than prewritten	58171
computer software.	58172

(2) The seller shall maintain records, including exemption	58173
certificates, of all sales on which a consumer has claimed an	58174
exemption, and provide them to the tax commissioner on request.	58175

(3) If no certificate is provided or obtained within ninety	58176
days after the date on which the transaction is consummated, it	58177
shall be presumed that the tax applies. Failure to have so	58178
provided or obtained a certificate shall not preclude a seller,	58179
within one hundred twenty days after the tax commissioner gives	58180
written notice of intent to levy an assessment, from either	58181
establishing that the transaction is not subject to the tax, or	58182
obtaining, in good faith, a fully completed exemption certificate.	58183

(4) If a transaction is claimed to be exempt under division	58184
(B)(13) of section 5739.02 of the Revised Code, the contractor	58185
shall obtain certification of the claimed exemption from the	58186
contractee. This certification shall be in addition to an	58187
exemption certificate provided by the contractor to the seller. A	58188
contractee that provides a certification under this division shall	58189
be deemed to be the consumer of all items purchased by the	58190
contractor under the claim of exemption, if it is subsequently	58191
determined that the exemption is not properly claimed. The	58192
certification shall be in such form as the tax commissioner	58193
prescribes.	58194

(F) A seller who files a petition for reassessment contesting	58195
the assessment of tax on transactions for which the seller	58196
obtained no valid exemption certificates, and for which the seller	58197
failed to establish that the transactions were not subject to the	58198
tax during the one-hundred-twenty-day period allowed under	58199
division (E) of this section, may present to the tax commissioner	58200
additional evidence to prove that the transactions were exempt.	58201
The seller shall file such evidence within ninety days of the	58202
receipt by the seller of the notice of assessment, except that,	58203
upon application and for reasonable cause, the tax commissioner	58204
may extend the period for submitting such evidence thirty days.	58205

(G) For the purpose of the proper administration of sections	58206
5741.01 to 5741.22 of the Revised Code, and to prevent the evasion	58207
of the tax hereby levied, it shall be presumed that any use,	58208
storage, or other consumption of tangible personal property in	58209
this state is subject to the tax until the contrary is	58210
established.	58211

(H) The tax collected by the seller from the consumer under	58212
this chapter is not part of the price, but is a tax collection for	58213
the benefit of the state, and of counties levying an additional	58214
use tax pursuant to section 5741.021 or 5741.023 of the Revised	58215
Code and of transit authorities levying an additional use tax	58216
pursuant to section 5741.022 of the Revised Code. Except for the	58217
discount authorized under section 5741.12 of the Revised Code and	58218
the effects of any rounding pursuant to section 5703.055 of the	58219
Revised Code, no person other than the state or such a county or	58220
transit authority shall derive any benefit from the collection of	58221
such tax.	58222

Sec. 5741.03. (A) ~~Four and two-tenths~~One hundred per cent	58223
of all money deposited into the state treasury under sections	58224
5741.01 to 5741.22 of the Revised Code that is not required to be	58225
distributed as provided in division (B) of this section shall be	58226
credited to ~~the local government fund for distribution in~~	58227
~~accordance with section 5747.50 of the Revised Code, six-tenths of~~	58228
~~one per cent shall be credited to the local government revenue~~	58229
~~assistance fund for distribution in accordance with section~~	58230
~~5747.61 of the Revised Code, and ninety-five and two-tenths per~~	58231
~~cent shall be credited to~~ the general revenue fund.	58232

(B) In any case where any county or transit authority has	58233
levied a tax or taxes pursuant to section 5741.021, 5741.022, or	58234
5741.023 of the Revised Code, the tax commissioner shall, within	58235
forty-five days after the end of each month, determine and certify	58236
to the director of budget and management the amount of the	58237
proceeds of such tax or taxes from billings and assessments	58238
received during that month, or shown on tax returns or reports	58239
filed during that month, to be returned to the county or transit	58240
authority levying the tax or taxes, which amounts shall be	58241
determined in the manner provided in section 5739.21 of the	58242
Revised Code. The director of budget and management shall	58243
transfer, from the same funds and in the same proportions	58244
specified in division (A) of this section, to the permissive tax	58245
distribution fund created by division (B)(1) of section 4301.423	58246
of the Revised Code and to the local sales tax administrative fund	58247
created by division ~~(B)~~(C) of section 5739.21 of the Revised Code,	58248
the amounts certified by the tax commissioner. The tax	58249
commissioner shall then, on or before the twentieth day of the	58250
month in which such certification is made, provide for payment of	58251
such respective amounts to the county treasurer or to the fiscal	58252
officer of the transit authority levying the tax or taxes. The	58253
amount transferred to the local sales tax administrative fund is	58254
for use by the tax commissioner in defraying costs the	58255
commissioner incurs in administering such taxes levied by a county	58256
or transit authority.	58257

Sec. 5741.121. (A) If the total amount of tax required to be	58258
paid by a seller or consumer under section 5741.12 of the Revised	58259
Code for any year equals or exceeds seventy-five thousand dollars,	58260
the seller or consumer shall remit each monthly tax payment in the	58261
second ensuing and each succeeding year by electronic funds	58262
transfer as prescribed by division (B) of this section.	58263

If a seller's or consumer's tax payment for each of two	58264
consecutive years is less than seventy-five thousand dollars, the	58265
seller or consumer is relieved of the requirement to remit taxes	58266
by electronic funds transfer for the year that next follows the	58267
second of the consecutive years in which the tax payment is less	58268
than that amount, and is relieved of that requirement for each	58269
succeeding year, unless the tax payment in a subsequent year	58270
equals or exceeds seventy-five thousand dollars.	58271

The tax commissioner shall notify each seller or consumer	58272
required to remit taxes by electronic funds transfer of the	58273
seller's or consumer's obligation to do so, shall maintain an	58274
updated list of those sellers and consumers, and shall timely	58275
certify the list and any additions thereto or deletions therefrom	58276
to the treasurer of state. Failure by the tax commissioner to	58277
notify a seller or consumer subject to this section to remit taxes	58278
by electronic funds transfer does not relieve the seller or	58279
consumer of the obligation to remit taxes by electronic funds	58280
transfer.	58281

(B) Sellers and consumers required by division (A) of this	58282
section to remit payments by electronic funds transfer shall remit	58283
such payments to the treasurer of state in the manner prescribed	58284
by this section and rules adopted by the treasurer of state under	58285
section 113.061 of the Revised Code, and ~~on or before the~~	58286
~~following dates~~as follows:	58287

(1)~~(a) On or before the fifteenth day of each month, a seller~~	58288
~~shall remit an amount equal to the taxes collected during the~~	58289
~~first eleven days of the month. On or before the twenty-fifth day~~	58290
~~of each month, a seller shall remit an amount equal to the taxes~~	58291
~~collected on the twelfth through the twenty-first day of the~~	58292
~~month.~~	58293

~~(b) In lieu of remitting the actual amounts collected for the~~	58294
~~periods specified in division (B)(1)(a) of this section, a seller~~	58295
~~may, on or before each of the fifteenth and twenty-fifth days of~~	58296
~~each month, remit an amount equal to thirty-seven and one-half per~~	58297
~~cent of the seller's total tax liability for the same month in the~~	58298
~~preceding calendar year.~~	58299

~~(2) On or before each of the fifteenth and twenty-fifth days~~	58300
~~of each month, a consumer shall remit an amount equal to~~	58301
~~thirty-seven and one-half per cent of the consumer's total tax~~	58302
~~liability for the same month in the preceding calendar year.~~	58303

~~(3)~~On or before the twenty-third day of each month, a seller	58304
or consumer shall remit an amount equal to seventy-five per cent	58305
of the anticipated tax liability for that month.	58306

(2) On or before the twenty-third day of each month, a seller	58307
shall report the taxes collected and a consumer shall report the	58308
taxes due for the previous month and shall remit that amount, less	58309
any amounts paid for that month as required by division (B)(1)~~(a)~~	58310
~~or (b) or (B)(2)~~ of this section.	58311

The payment of taxes by electronic funds transfer does not	58312
affect a seller's or consumer's obligation to file the monthly	58313
return as required under section 5741.12 of the Revised Code.	58314

(C) A seller or consumer required by this section to remit	58315
taxes by electronic funds transfer may apply to the treasurer of	58316
state in the manner prescribed by the treasurer of state to be	58317
excused from that requirement. The treasurer of state may excuse	58318
the seller or consumer from remittance by electronic funds	58319
transfer for good cause shown for the period of time requested by	58320
the seller or consumer or for a portion of that period. The	58321
treasurer of state shall notify the tax commissioner and the	58322
seller or consumer of the treasurer of state's decision as soon as	58323
is practicable.	58324

(D)(1)(a) If a seller or consumer that is required to remit	58325
payments under division (B) of this section fails to make a	58326
payment, or makes a payment under division (B)(1) of this section	58327
that is less than seventy-five per cent of the actual liability	58328
for that month, the commissioner may impose an additional charge	58329
not to exceed five per cent of that unpaid amount.	58330

(b) Division (D)(1)(a) of this section does not apply if the	58331
seller's or consumer's payment under division (B)(1) of this	58332
section is equal to or greater than seventy-five per cent of the	58333
seller's or consumer's reported liability for the same month in	58334
the immediately preceding calendar year.	58335

(2) If a seller or consumer required by this section to remit	58336
taxes by electronic funds transfer remits those taxes by some	58337
means other than by electronic funds transfer as prescribed by the	58338
rules adopted by the treasurer of state, and the treasurer of	58339
state determines that such failure was not due to reasonable cause	58340
or was due to willful neglect, the treasurer of state shall notify	58341
the tax commissioner of the failure to remit by electronic funds	58342
transfer and shall provide the commissioner with any information	58343
used in making that determination. The tax commissioner may impose	58344
an additional charge not to exceed the lesser of five per cent of	58345
the amount of the taxes required to be paid by electronic funds	58346
transfer or five thousand dollars.	58347

(3) Any additional charge imposed under this section is in	58348
addition to any other penalty or charge imposed under this	58349
chapter, and shall be considered as revenue arising from taxes	58350
imposed under this chapter. An additional charge may be collected	58351
by assessment in the manner prescribed by section 5741.13 of the	58352
Revised Code. The tax commissioner may waive all or a portion of	58353
such a charge and may adopt rules governing such waiver.	58354

No additional charge shall be imposed under division (D)(2)	58355
of this section against a seller or consumer that has been	58356
notified of the obligation to remit taxes under this section and	58357
that remits its first two tax payments after such notification by	58358
some means other than electronic funds transfer. The additional	58359
charge may be imposed upon the remittance of any subsequent tax	58360
payment that the seller or consumer remits by some means other	58361
than electronic funds transfer.	58362

Sec. 5741.122. (A) If required by the tax commissioner, a	58363
person required to make payments by electronic funds transfer	58364
under section 5739.032 or 5741.121 of the Revised Code shall file	58365
all returns and reports electronically. The commissioner may	58366
require the person to use the Ohio business gateway, as defined in	58367
section 718.051 of the Revised Code, or any other electronic	58368
means, to file the returns and reports, or to remit the tax, in	58369
lieu of the manner prescribed by the treasurer of state under	58370
sections 5739.032 and 5741.121 of the Revised Code.	58371

(B) A person required under this section to file reports and	58372
returns electronically may apply to the commissioner to be excused	58373
from that requirement. Applications shall be made on a form	58374
prescribed by the commissioner. The commissioner may approve the	58375
application for good cause.	58376

(C)(1) If a person required to file a report or return	58377
electronically under this section fails to do so, the commissioner	58378
may impose an additional charge not to exceed the following:	58379

(a) For each of the first two failures, five per cent of the	58380
amount required to be reported on the report or return;	58381

(b) For the third and any subsequent failure, ten per cent of	58382
the amount required to be reported on the report or return.	58383

(2) The charges authorized under division (C)(1) of this	58384
section are in addition to any other charge or penalty authorized	58385
under this chapter, and shall be considered as revenue arising	58386
from taxes imposed under this chapter. An additional charge may be	58387
collected by assessment in the manner prescribed by section	58388
5741.13 of the Revised Code. The commissioner may waive all or a	58389
portion of such a charge and may adopt rules governing such	58390
waiver.	58391

Sec. 5743.01. As used in this chapter:

58392

(A) "Person" includes individuals, firms, partnerships,	58393
associations, joint-stock companies, corporations, combinations of	58394
individuals of any form, and the state and any of its political	58395
subdivisions.	58396

(B) "Wholesale dealer" includes only those persons:

58397

(1) Who bring in or cause to be brought into this state	58398
unstamped cigarettes purchased directly from the manufacturer,	58399
producer, or importer of cigarettes for sale in this state but	58400
does not include persons who bring in or cause to be brought into	58401
this state cigarettes with respect to which no evidence of tax	58402
payment is required thereon as provided in section 5743.04 of the	58403
Revised Code; or	58404

(2) Who are engaged in the business of selling cigarettes or	58405
tobacco products to others for the purpose of resale.	58406

"Wholesale dealer" does not include any cigarette	58407
manufacturer, export warehouse proprietor, or importer with a	58408
valid permit under 26 U.S.C. 5713 if that person sells cigarettes	58409
in this state only to wholesale dealers holding valid and current	58410
licenses under section 5743.15 of the Revised Code or to an export	58411
warehouse proprietor or another manufacturer.	58412

58413

(1) In reference to dealers in cigarettes, every person other	58414
than a wholesale dealer engaged in the business of selling	58415
cigarettes in this state, regardless of whether the person is	58416
located in this state or elsewhere, and regardless of quantity,	58417
amount, or number of sales;	58418

(2) In reference to dealers in tobacco products, any person	58419
in this state engaged in the business of selling tobacco products	58420
to ultimate consumers in this state, regardless of quantity,	58421
amount, or number of sales.	58422

(D) "Sale" includes exchange, barter, gift, offer for sale,	58423
and distribution, and includes transactions in interstate or	58424
foreign commerce.	58425

(E) "Cigarettes" includes any roll for smoking made wholly or	58426
in part of tobacco, irrespective of size or shape, and whether or	58427
not such tobacco is flavored, adulterated, or mixed with any other	58428
ingredient, the wrapper or cover of which is made of paper,	58429
reconstituted cigarette tobacco, homogenized cigarette tobacco,	58430
cigarette tobacco sheet, or any similar materials other than cigar	58431
tobacco.	58432

(F) "Package" means the individual package, box, or other	58433
container in or from which retail sales of cigarettes are normally	58434
made or intended to be made.	58435

(G) "Stamp" includes an impression made by a metering device	58436
as provided for in section 5743.04 of the Revised Code.	58437

(H) "Storage" includes any keeping or retention of cigarettes	58438
or tobacco products for use or consumption in this state.	58439

(I) "Use" includes the exercise of any right or power	58440
incidental to the ownership of cigarettes or tobacco products.	58441

(J) "Tobacco product" or "other tobacco product" means any	58442
product made from tobacco, other than cigarettes, that is made for	58443
smoking or chewing, or both, and snuff.	58444

(K) "Wholesale price" means the invoice price, including all	58445
federal excise taxes, at which the manufacturer of the tobacco	58446
product sells the tobacco product to unaffiliated distributors,	58447
excluding any discounts based on the method of payment of the	58448
invoice or on time of payment of the invoice. If the taxpayer buys	58449
from other than a manufacturer, "wholesale price" means the	58450
invoice price, including all federal excise taxes and excluding	58451
any discounts based on the method of payment of the invoice or on	58452
time of payment of the invoice.	58453

(L) "Distributor" means:

58454

(1) Any manufacturer who sells, barters, exchanges, or	58455
distributes tobacco products to a retail dealer in the state,	58456
except when selling to a retail dealer that has filed with the	58457
manufacturer a signed statement agreeing to pay and be liable for	58458
the tax imposed by section 5743.51 of the Revised Code;	58459

(2) Any wholesale dealer located in the state who receives	58460
tobacco products from a manufacturer, or who receives tobacco	58461
products on which the tax imposed by this chapter has not been	58462
paid;	58463

(3) Any wholesale dealer located outside the state who sells,	58464
barters, exchanges, or distributes tobacco products to a wholesale	58465
or retail dealer in the state; or	58466

(4) Any retail dealer who receives tobacco products on which	58467
the tax has not or will not be paid by another distributor,	58468
including a retail dealer that has filed a signed statement with a	58469
manufacturer in which the retail dealer agrees to pay and be	58470
liable for the tax that would otherwise be imposed on the	58471
manufacturer by section 5743.51 of the Revised Code.	58472

(M) "Taxpayer" means any person liable for the tax imposed by	58473
section 5743.51, 5743.62, or 5743.63 of the Revised Code.	58474

(N) "Seller" means any person located outside this state	58475
engaged in the business of selling tobacco products to consumers	58476
for storage, use, or other consumption in this state.	58477

(O) "Manufacturer" means any person who manufactures and	58478
sells cigarettes or tobacco products.	58479

(P) "Importer" means any person that ~~imports~~ is authorized,	58480
under a valid permit issued under Section 5713 of the Internal	58481
Revenue Code, to import finished cigarettes into the United	58482
States, either directly or indirectly.	58483

Sec. 5743.20. No person shall sell any cigarettes both as a	58484
retail dealer and as a wholesale dealer at the same place of	58485
business. No person other than a licensed wholesale dealer shall	58486
sell cigarettes to a licensed retail dealer. No retail dealer	58487
shall purchase cigarettes from any person other than a licensed	58488
wholesale dealer.	58489

Subject to section 5743.031 of the Revised Code, a licensed	58490
wholesale dealer may not sell cigarettes to any person in this	58491
state other than a licensed retail dealer, except a licensed	58492
wholesale dealer may sell cigarettes to another licensed wholesale	58493
dealer if the tax commissioner has authorized the sale of the	58494
cigarettes between those wholesale dealers and the wholesale	58495
dealer that sells the cigarettes received them directly from a	58496
licensed manufacturer or licensed importer.	58497

The tax commissioner shall adopt rules governing sales of	58498
cigarettes between licensed wholesale dealers, including rules	58499
establishing criteria for authorizing such sales.	58500

No manufacturer or importer shall sell cigarettes to any	58501
person in this state other than to a licensed wholesale dealer or	58502
licensed importer. No importer shall purchase cigarettes from any	58503
person other than a licensed manufacturer or licensed importer.	58504

A retail dealer may purchase other tobacco products only from	58505
a licensed distributor. A licensed distributor may sell tobacco	58506
products only to a retail dealer, except a licensed distributor	58507
may sell tobacco products to another licensed distributor if the	58508
tax commissioner has authorized the sale of the tobacco products	58509
between those distributors and the distributor that sells the	58510
tobacco products received them directly from a manufacturer or	58511
importer of tobacco products.	58512

The tax commissioner may adopt rules governing sales of	58513
tobacco products between licensed distributors, including rules	58514
establishing criteria for authorizing such sales.	58515

The identities of ~~licensed distributors~~cigarette	58516
manufacturers and importers, licensed cigarette wholesalers,	58517
licensed distributors of other tobacco products, and registered	58518
manufacturers, importers, and brokers of other tobacco products	58519
are subject to public disclosure. The tax commissioner shall	58520
maintain an alphabetical list of all such ~~distributors~~	58521
manufacturers, importers, wholesalers, distributors, and brokers,	58522
shall post the list on a web site accessible to the public through	58523
the internet, and shall periodically update the web site posting.	58524

As used in this section, "licensed" means the manufacturer,	58525
importer, wholesale dealer, ~~retail dealer,~~ or distributor holds a	58526
current and valid license issued under section 5743.15 or 5743.61	58527
of the Revised Code, and "registered" means registered with the	58528
tax commissioner under section 5743.66 of the Revised Code.	58529

Sec. 5745.02. (A) The annual report filed under section	58530
5745.03 of the Revised Code determines a taxpayer's Ohio net	58531
income and the portion of Ohio net income to be apportioned to a	58532
municipal corporation.	58533

(B) A taxpayer's Ohio net income is determined by multiplying	58534
the taxpayer's adjusted federal taxable income by the sum of the	58535
property factor multiplied by one-third, the payroll factor	58536
multiplied by one-third, and the sales factor multiplied by	58537
one-third. If the denominator of one of the factors is zero, the	58538
remaining two factors each shall be multiplied by one-half instead	58539
of one-third; if the denominator of two of the factors is zero,	58540
the remaining factor shall be multiplied by one. The property,	58541
payroll, and sales factors shall be determined in the manner	58542
prescribed by divisions (B)(1), (2), and (3) of this section.	58543

(1) The property factor is a fraction, the numerator of which	58544
is the average value of the taxpayer's real and tangible personal	58545
property owned or rented, and used in business in this state	58546
during the taxable year, and the denominator of which is the	58547
average value of all the taxpayer's real and tangible personal	58548
property owned or rented, and used in business everywhere during	58549
such year. Property owned by the taxpayer is valued at its	58550
original cost. Property rented by the taxpayer is valued at eight	58551
times the net annual rental rate. "Net annual rental rate" means	58552
the annual rental rate paid by the taxpayer less any annual rental	58553
rate received by the taxpayer from subrentals. The average value	58554
of property shall be determined by averaging the values at the	58555
beginning and the end of the taxable year, but the tax	58556
commissioner may require the averaging of monthly values during	58557
the taxable year, if reasonably required to reflect properly the	58558
average value of the taxpayer's property.	58559

(2) The payroll factor is a fraction, the numerator of which	58560
is the total amount paid in this state during the taxable year by	58561
the taxpayer for compensation, and the denominator of which is the	58562
total compensation paid everywhere by the taxpayer during such	58563
year. Compensation means any form of remuneration paid to an	58564
employee for personal services. Compensation is paid in this state	58565
if: (a) the recipient's service is performed entirely within this	58566
state, (b) the recipient's service is performed both within and	58567
without this state, but the service performed without this state	58568
is incidental to the recipient's service within this state, or (c)	58569
some of the service is performed within this state and either the	58570
base of operations, or if there is no base of operations, the	58571
place from which the service is directed or controlled is within	58572
this state, or the base of operations or the place from which the	58573
service is directed or controlled is not in any state in which	58574
some part of the service is performed, but the recipient's	58575
residence is in this state.	58576

(3) The sales factor is a fraction, the numerator of which is	58577
the total sales in this state by the taxpayer during the taxable	58578
year, and the denominator of which is the total sales by the	58579
taxpayer everywhere during such year. Sales of electricity shall	58580
be sitused to this state in the manner provided under section	58581
5733.059 of the Revised Code. In determining the numerator and	58582
denominator of the sales factor, receipts from the sale or other	58583
disposal of a capital asset or an asset described in section 1231	58584
of the Internal Revenue Code shall be eliminated. Also, in	58585
determining the numerator and denominator of the sales factor, in	58586
the case of a reporting taxpayer owning at least eighty per cent	58587
of the issued and outstanding common stock of one or more	58588
insurance companies or public utilities, except an electric	58589
company, a combined company, or a telephone company, or owning at	58590
least twenty-five per cent of the issued and outstanding common	58591
stock of one or more financial institutions, receipts received by	58592
the reporting taxpayer from such utilities, insurance companies,	58593
and financial institutions shall be eliminated.	58594

For the purpose of division (B)(3) of this section, sales of	58595
tangible personal property are in this state where such property	58596
is received in this state by the purchaser. In the case of	58597
delivery of tangible personal property by common carrier or by	58598
other means of transportation, the place at which such property is	58599
ultimately received after all transportation has been completed	58600
shall be considered as the place at which such property is	58601
received by the purchaser. Direct delivery in this state, other	58602
than for purposes of transportation, to a person or firm	58603
designated by a purchaser constitutes delivery to the purchaser in	58604
this state, and direct delivery outside this state to a person or	58605
firm designated by a purchaser does not constitute delivery to the	58606
purchaser in this state, regardless of where title passes or other	58607
conditions of sale.	58608

Sales, other than sales of electricity or tangible personal	58609
property, are in this state if either the income-producing	58610
activity is performed solely in this state, or the	58611
income-producing activity is performed both within and without	58612
this state and a greater proportion of the income-producing	58613
activity is performed within this state than in any other state,	58614
based on costs of performance.	58615

For the purposes of division (B)(3) of this section, the tax	58616
commissioner may adopt rules to apportion sales within this state.	58617

(C) The portion of a taxpayer's Ohio net income taxable by	58618
each municipal corporation imposing an income tax shall be	58619
determined by multiplying the taxpayer's Ohio net income by the	58620
sum of the municipal property factor multiplied by one-third, the	58621
municipal payroll factor multiplied by one-third, and the	58622
municipal sales factor multiplied by one-third, and subtracting	58623
from the product so obtained any "municipal net operating loss	58624
carryforward from prior taxable years." If the denominator of one	58625
of the factors is zero, the remaining two factors each shall be	58626
multiplied by one-half instead of one-third; if the denominator of	58627
two of the factors is zero, the remaining factor shall be	58628
multiplied by one. In calculating the "municipal net operating	58629
loss carryforward from prior taxable years" for each municipal	58630
corporation, net operating losses are apportioned in and out of a	58631
municipal corporation for the taxable year in which the net	58632
operating loss occurs in the same manner that positive net income	58633
would have been so apportioned. Any net operating loss for a	58634
municipal corporation may be applied to subsequent net income in	58635
that municipal corporation to reduce that income to zero or until	58636
the net operating loss has been fully used as a deduction. The	58637
unused portion of net operating losses for each taxable year	58638
apportioned to a municipal corporation may only be applied against	58639
the income apportioned to that municipal corporation for five	58640
subsequent taxable years. Net operating losses occurring in	58641
taxable years ending before 2002 may not be subtracted under this	58642
section.	58643

A taxpayer's municipal property, municipal payroll, and	58644
municipal sales factors for a municipal corporation shall be	58645
determined as provided in divisions (C)(1), (2), and (3) of this	58646
section.	58647

(1) The municipal property factor is the quotient obtained by	58648
dividing (a) the average value of real and tangible personal	58649
property owned or rented by the taxpayer and used in business in	58650
the municipal corporation during the taxable year by (b) the	58651
average value of all of the taxpayer's real and tangible personal	58652
property owned or rented and used in business during that taxable	58653
year in this state. The value and average value of such property	58654
shall be determined in the same manner provided in division (B)(1)	58655
of this section.	58656

(2) The municipal payroll factor is the quotient obtained by	58657
dividing (a) the total amount of compensation earned in the	58658
municipal corporation by the taxpayer's employees during the	58659
taxable year for services performed for the taxpayer and that is	58660
subject to income tax withholding by the municipal corporation by	58661
(b) the total amount of compensation paid by the taxpayer to its	58662
employees in this state during the taxable year. Compensation has	58663
the same meaning as in division (B)(2) of this section.	58664

(3) The municipal sales factor is a fraction, the numerator	58665
of which is the taxpayer's total sales in a municipal corporation	58666
during the taxable year, and the denominator of which is the	58667
taxpayer's total sales in this state during such year.	58668

For the purpose of division (C)(3) of this section, sales of	58669
tangible personal property are in the municipal corporation where	58670
such property is received in the municipal corporation by the	58671
purchaser. Sales of electricity directly to the ~~consumer~~customer,	58672
as defined in section 5733.059 of the Revised Code, shall be	58673
considered sales of tangible personal property. In the case of the	58674
delivery of tangible personal property by common carrier or by	58675
other means of transportation, the place at which such property	58676
ultimately is received after all transportation has been completed	58677
shall be considered as the place at which the property is received	58678
by the purchaser. Direct delivery in the municipal corporation,	58679
other than for purposes of transportation, to a person or firm	58680
designated by a purchaser constitutes delivery to the purchaser in	58681
that municipal corporation, and direct delivery outside the	58682
municipal corporation to a person or firm designated by a	58683
purchaser does not constitute delivery to the purchaser in that	58684
municipal corporation, regardless of where title passes or other	58685
conditions of sale. Sales, other than sales of tangible personal	58686
property, are in the municipal corporation if either:	58687

(a) The income-producing activity is performed solely in the	58688
municipal corporation;	58689

(b) The income-producing activity is performed both within	58690
and without the municipal corporation and a greater proportion of	58691
the income-producing activity is performed within that municipal	58692
corporation than any other location in this state, based on costs	58693
of performance.	58694

For the purposes of division (C)(3) of this section, the tax	58695
commissioner may adopt rules to apportion sales within each	58696
municipal corporation.	58697

(D) If a taxpayer is a combined company as defined in section	58698
5727.01 of the Revised Code, the municipal property, payroll, and	58699
sales factors under division (C) of this section shall be adjusted	58700
as follows:	58701

(1) The numerator of the municipal property factor shall	58702
include only the value, as determined under division (C)(1) of	58703
this section, of the company's real and tangible property in the	58704
municipal corporation attributed to the company's activity as an	58705
electric company using the same methodology prescribed under	58706
section 5727.03 of the Revised Code for taxable tangible personal	58707
property.	58708

(2) The numerator of the municipal payroll factor shall	58709
include only compensation paid in the municipal corporation by the	58710
company to its employees for personal services rendered in the	58711
company's activity as an electric company.	58712

(3) The numerator of the municipal sales factor shall include	58713
only the sales of tangible personal property and services, as	58714
determined under division (C)(3) of this section, made in the	58715
municipal corporation in the course of the company's activity as	58716
an electric company.	58717

(E)(1) If the provisions for apportioning adjusted federal	58718
taxable income or Ohio net income under divisions (B), (C), and	58719
(D) of this section do not fairly represent business activity in	58720
this state or among municipal corporations, the tax commissioner	58721
may adopt rules for apportioning such income by an alternative	58722
method that fairly represents business activity in this state or	58723
among municipal corporations.	58724

(2) If any of the factors determined under division (B), (C),	58725
or (D) of this section does not fairly represent the extent of a	58726
taxpayer's business activity in this state or among municipal	58727
corporations, the taxpayer may request, or the tax commissioner	58728
may require, that the taxpayer's adjusted federal taxable income	58729
or Ohio net income be determined by an alternative method,	58730
including any of the alternative methods enumerated in division	58731
(B)(2)(d) of section 5733.05 of the Revised Code. A taxpayer	58732
requesting an alternative method shall make the request in writing	58733
to the tax commissioner either with the annual report, a timely	58734
filed amended report, or a timely filed petition for reassessment.	58735
When the tax commissioner requires or permits an alternative	58736
method under division (E)(2) of this section, the tax commissioner	58737
shall cause a written notice to that effect to be delivered to any	58738
municipal corporation that would be affected by application of the	58739
alternative method. Nothing in this division shall be construed	58740
to extend any statute of limitations under this chapter.	58741

(F)(1) The tax commissioner may adopt rules providing for the	58742
combination of adjusted federal taxable incomes of taxpayers	58743
satisfying the ownership or control requirements of section	58744
5733.052 of the Revised Code if the tax commissioner finds that	58745
such combinations are necessary to properly reflect adjusted	58746
federal taxable income, Ohio net income, or the portion of Ohio	58747
net income to be taxable by municipal corporations.	58748

(2) A taxpayer satisfying the ownership or control	58749
requirements of section 5733.052 of the Revised Code with respect	58750
to one or more other taxpayers may not combine their adjusted	58751
federal taxable incomes for the purposes of this section unless	58752
rules are adopted under division (F)(1) of this section allowing	58753
such a combination or the tax commissioner finds that such a	58754
combination is necessary to properly reflect the taxpayers'	58755
adjusted federal taxable incomes, Ohio net incomes, or the portion	58756
of Ohio net incomes to be subject to taxation within a municipal	58757
corporation.	58758

(G) The tax commissioner may adopt rules providing for	58759
alternative apportionment methods for a telephone company.	58760

Sec. 5745.05. (A) Prior to the first day of March, June,	58761
September, and December, the tax commissioner shall certify to the	58762
director of budget and management the amount to be paid to each	58763
municipal corporation, as indicated on the declaration of	58764
estimated tax reports and annual reports received under sections	58765
5745.03 and 5745.04 of the Revised Code, less any amounts	58766
previously distributed and net of any audit adjustments made by	58767
the tax commissioner. Not later than the first day of March, June,	58768
September, and December, the director of budget and management	58769
shall provide for payment of the amount certified to each	58770
municipal corporation from the municipal income tax fund, plus a	58771
pro rata share of any investment earnings accruing to the fund	58772
since the previous payment under this section apportioned among	58773
municipal corporations entitled to such payments in proportion to	58774
the amount certified by the tax commissioner.	58775

(B) If the tax commissioner determines that the amount of tax	58776
paid by a taxpayer and distributed to a municipal corporation	58777
under this section for a taxable year exceeds the amount payable	58778
to that municipal corporation under this chapter after accounting	58779
for amounts remitted with the annual report and as estimated	58780
taxes, the tax commissioner shall permit the taxpayer to credit	58781
the excess against the taxpayer's payments to the municipal	58782
corporation of estimated taxes remitted for an ensuing taxable	58783
year under section 5745.04 of the Revised Code. If, upon the	58784
written request of the taxpayer, the tax commissioner determines	58785
that the excess to be so credited is likely to exceed the amount	58786
of estimated taxes payable by the taxpayer to the municipal	58787
corporation during the ensuing twelve months, the tax commissioner	58788
shall so notify the municipal corporation and the municipal	58789
corporation shall issue a refund of the excess to the taxpayer	58790
within ninety days after receiving such a notice. Interest shall	58791
accrue on the amount to be refunded and is payable to the taxpayer	58792
at the rate per annum prescribed by section 5703.47 of the Revised	58793
Code from the ninety-first day after the notice is received by the	58794
municipal corporation until the day the refund is paid.	58795
Immediately after notifying a municipal corporation under this	58796
division of an excess to be refunded, the commissioner also shall	58797
notify the director of budget and management of the amount of the	58798
excess, and the director shall transfer from the municipal income	58799
tax administrative fund to the municipal income tax fund one and	58800
one-half per cent of the amount of the excess. The commissioner	58801
shall include the transferred amount in the computation of the	58802
amount due the municipal corporation in the next certification to	58803
the director under division (A) of this section.	58804

Sec. 5745.13. If, upon examination of any books, records,	58805
reports, or other documents of a taxpayer, the tax commissioner	58806
determines that an adjustment shall be made in the portion of the	58807
taxpayer's income that is to be apportioned to a municipal	58808
corporation, the tax commissioner shall notify the taxpayer and,	58809
if the adjustment causes an adjustment in the taxpayer's tax owed	58810
to a municipal corporation for the taxpayer's taxable year of more	58811
than five hundred dollars, shall notify ~~each affected~~that	58812
municipal corporation that the taxpayer's tax has been adjusted.	58813

Any municipal corporation to which such a notice is issued	58814
may request a review and redetermination of the taxpayer's federal	58815
taxable income, Ohio net income, or the portion of Ohio net income	58816
apportioned to the municipal corporation by filing a petition with	58817
the tax commissioner not later than sixty days after the tax	58818
commissioner issues the notice. The petition shall be filed either	58819
personally or by certified mail, and shall indicate the objections	58820
of the municipal corporation.	58821

Upon receiving such a petition, if a hearing is requested the	58822
tax commissioner shall assign a time and place for a hearing on	58823
the petition and shall notify the petitioner of the time and place	58824
of the hearing by ordinary mail. The tax commissioner may continue	58825
the hearing from time to time as necessary. The tax commissioner	58826
shall make any correction to the taxpayer's federal taxable	58827
income, Ohio net income, or apportionment of Ohio net income that	58828
the commissioner finds proper, and issue notice of any correction	58829
by ordinary mail to the petitioner, to each other municipal	58830
corporation affected by the correction of the apportionment, and	58831
to the taxpayer. The tax commissioner's decision on the matter is	58832
final, and is not subject to further appeal.	58833

Sec. 5747.01. Except as otherwise expressly provided or	58834
clearly appearing from the context, any term used in this chapter	58835
that is not otherwise defined in this section has the same meaning	58836
as when used in a comparable context in the laws of the United	58837
States relating to federal income taxes or if not used in a	58838
comparable context in those laws, has the same meaning as in	58839
section 5733.40 of the Revised Code. Any reference in this chapter	58840
to the Internal Revenue Code includes other laws of the United	58841
States relating to federal income taxes.	58842

As used in this chapter:

58843

(A) "Adjusted gross income" or "Ohio adjusted gross income"	58844
means federal adjusted gross income, as defined and used in the	58845
Internal Revenue Code, adjusted as provided in this section:	58846

(1) Add interest or dividends on obligations or securities of	58847
any state or of any political subdivision or authority of any	58848
state, other than this state and its subdivisions and authorities.	58849

(2) Add interest or dividends on obligations of any	58850
authority, commission, instrumentality, territory, or possession	58851
of the United States to the extent that the interest or dividends	58852
are exempt from federal income taxes but not from state income	58853
taxes.	58854

(3) Deduct interest or dividends on obligations of the United	58855
States and its territories and possessions or of any authority,	58856
commission, or instrumentality of the United States to the extent	58857
that the interest or dividends are included in federal adjusted	58858
gross income but exempt from state income taxes under the laws of	58859
the United States.	58860

(4) Deduct disability and survivor's benefits to the extent	58861
included in federal adjusted gross income.	58862

(5) Deduct benefits under Title II of the Social Security Act	58863
and tier 1 railroad retirement benefits to the extent included in	58864
federal adjusted gross income under section 86 of the Internal	58865
Revenue Code.	58866

(6) In the case of a taxpayer who is a beneficiary of a trust	58867
that makes an accumulation distribution as defined in section 665	58868
of the Internal Revenue Code, add, for the beneficiary's taxable	58869
years beginning before 2002, the portion, if any, of such	58870
distribution that does not exceed the undistributed net income of	58871
the trust for the three taxable years preceding the taxable year	58872
in which the distribution is made to the extent that the portion	58873
was not included in the trust's taxable income for any of the	58874
trust's taxable years beginning in 2002 or thereafter.	58875
"Undistributed net income of a trust" means the taxable income of	58876
the trust increased by (a)(i) the additions to adjusted gross	58877
income required under division (A) of this section and (ii) the	58878
personal exemptions allowed to the trust pursuant to section	58879
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	58880
deductions to adjusted gross income required under division (A) of	58881
this section, (ii) the amount of federal income taxes attributable	58882
to such income, and (iii) the amount of taxable income that has	58883
been included in the adjusted gross income of a beneficiary by	58884
reason of a prior accumulation distribution. Any undistributed net	58885
income included in the adjusted gross income of a beneficiary	58886
shall reduce the undistributed net income of the trust commencing	58887
with the earliest years of the accumulation period.	58888

(7) Deduct the amount of wages and salaries, if any, not	58889
otherwise allowable as a deduction but that would have been	58890
allowable as a deduction in computing federal adjusted gross	58891
income for the taxable year, had the targeted jobs credit allowed	58892
and determined under sections 38, 51, and 52 of the Internal	58893
Revenue Code not been in effect.	58894

(8) Deduct any interest or interest equivalent on public	58895
obligations and purchase obligations to the extent that the	58896
interest or interest equivalent is included in federal adjusted	58897
gross income.	58898

(9) Add any loss or deduct any gain resulting from the sale,	58899
exchange, or other disposition of public obligations to the extent	58900
that the loss has been deducted or the gain has been included in	58901
computing federal adjusted gross income.	58902

(10) Deduct or add amounts, as provided under section	58903
5747.70 of the Revised Code, related to contributions to variable	58904
college savings program accounts made or tuition units purchased	58905
pursuant to Chapter 3334. of the Revised Code.	58906

(11)(a) Deduct, to the extent not otherwise allowable as a	58907
deduction or exclusion in computing federal or Ohio adjusted gross	58908
income for the taxable year, the amount the taxpayer paid during	58909
the taxable year for medical care insurance and qualified	58910
long-term care insurance for the taxpayer, the taxpayer's spouse,	58911
and dependents. No deduction for medical care insurance under	58912
division (A)(11) of this section shall be allowed either to any	58913
taxpayer who is eligible to participate in any subsidized health	58914
plan maintained by any employer of the taxpayer or of the	58915
taxpayer's spouse, or to any taxpayer who is entitled to, or on	58916
application would be entitled to, benefits under part A of Title	58917
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	58918
301, as amended. For the purposes of division (A)(11)(a) of this	58919
section, "subsidized health plan" means a health plan for which	58920
the employer pays any portion of the plan's cost. The deduction	58921
allowed under division (A)(11)(a) of this section shall be the net	58922
of any related premium refunds, related premium reimbursements, or	58923
related insurance premium dividends received during the taxable	58924
year.	58925

(b) Deduct, to the extent not otherwise deducted or excluded	58926
in computing federal or Ohio adjusted gross income during the	58927
taxable year, the amount the taxpayer paid during the taxable	58928
year, not compensated for by any insurance or otherwise, for	58929
medical care of the taxpayer, the taxpayer's spouse, and	58930
dependents, to the extent the expenses exceed seven and one-half	58931
per cent of the taxpayer's federal adjusted gross income.	58932

(c) For purposes of division (A)(11) of this section,	58933
"medical care" has the meaning given in section 213 of the	58934
Internal Revenue Code, subject to the special rules, limitations,	58935
and exclusions set forth therein, and "qualified long-term care"	58936
has the same meaning given in section 7702B(c) of the Internal	58937
Revenue Code.	58938

(12)(a) Deduct any amount included in federal adjusted gross	58939
income solely because the amount represents a reimbursement or	58940
refund of expenses that in any year the taxpayer had deducted as	58941
an itemized deduction pursuant to section 63 of the Internal	58942
Revenue Code and applicable United States department of the	58943
treasury regulations. The deduction otherwise allowed under	58944
division (A)(12)(a) of this section shall be reduced to the extent	58945
the reimbursement is attributable to an amount the taxpayer	58946
deducted under this section in any taxable year.	58947

(b) Add any amount not otherwise included in Ohio adjusted	58948
gross income for any taxable year to the extent that the amount is	58949
attributable to the recovery during the taxable year of any amount	58950
deducted or excluded in computing federal or Ohio adjusted gross	58951
income in any taxable year.	58952

(13) Deduct any portion of the deduction described in section	58953
1341(a)(2) of the Internal Revenue Code, for repaying previously	58954
reported income received under a claim of right, that meets both	58955
of the following requirements:	58956

(a) It is allowable for repayment of an item that was	58957
included in the taxpayer's adjusted gross income for a prior	58958
taxable year and did not qualify for a credit under division (A)	58959
or (B) of section 5747.05 of the Revised Code for that year;	58960

(b) It does not otherwise reduce the taxpayer's adjusted	58961
gross income for the current or any other taxable year.	58962

(14) Deduct an amount equal to the deposits made to, and net	58963
investment earnings of, a medical savings account during the	58964
taxable year, in accordance with section 3924.66 of the Revised	58965
Code. The deduction allowed by division (A)(14) of this section	58966
does not apply to medical savings account deposits and earnings	58967
otherwise deducted or excluded for the current or any other	58968
taxable year from the taxpayer's federal adjusted gross income.	58969

(15)(a) Add an amount equal to the funds withdrawn from a	58970
medical savings account during the taxable year, and the net	58971
investment earnings on those funds, when the funds withdrawn were	58972
used for any purpose other than to reimburse an account holder	58973
for, or to pay, eligible medical expenses, in accordance with	58974
section 3924.66 of the Revised Code;	58975

(b) Add the amounts distributed from a medical savings	58976
account under division (A)(2) of section 3924.68 of the Revised	58977
Code during the taxable year.	58978

(16) Add any amount claimed as a credit under section	58979
5747.059 of the Revised Code to the extent that such amount	58980
satisfies either of the following:	58981

(a) The amount was deducted or excluded from the computation	58982
of the taxpayer's federal adjusted gross income as required to be	58983
reported for the taxpayer's taxable year under the Internal	58984
Revenue Code;	58985

(b) The amount resulted in a reduction of the taxpayer's	58986
federal adjusted gross income as required to be reported for any	58987
of the taxpayer's taxable years under the Internal Revenue Code.	58988

(17) Deduct the amount contributed by the taxpayer to an	58989
individual development account program established by a county	58990
department of job and family services pursuant to sections 329.11	58991
to 329.14 of the Revised Code for the purpose of matching funds	58992
deposited by program participants. On request of the tax	58993
commissioner, the taxpayer shall provide any information that, in	58994
the tax commissioner's opinion, is necessary to establish the	58995
amount deducted under division (A)(17) of this section.	58996

(18) Beginning in taxable year 2001 but not for any taxable	58997
year beginning after December 31, 2005, if the taxpayer is married	58998
and files a joint return and the combined federal adjusted gross	58999
income of the taxpayer and the taxpayer's spouse for the taxable	59000
year does not exceed one hundred thousand dollars, or if the	59001
taxpayer is single and has a federal adjusted gross income for the	59002
taxable year not exceeding fifty thousand dollars, deduct amounts	59003
paid during the taxable year for qualified tuition and fees paid	59004
to an eligible institution for the taxpayer, the taxpayer's	59005
spouse, or any dependent of the taxpayer, who is a resident of	59006
this state and is enrolled in or attending a program that	59007
culminates in a degree or diploma at an eligible institution. The	59008
deduction may be claimed only to the extent that qualified tuition	59009
and fees are not otherwise deducted or excluded for any taxable	59010
year from federal or Ohio adjusted gross income. The deduction may	59011
not be claimed for educational expenses for which the taxpayer	59012
claims a credit under section 5747.27 of the Revised Code.	59013

(19) Add any reimbursement received during the taxable year	59014
of any amount the taxpayer deducted under division (A)(18) of this	59015
section in any previous taxable year to the extent the amount is	59016
not otherwise included in Ohio adjusted gross income.	59017

(20)(a)(i) Add five-sixths of the amount of depreciation	59018
expense allowed by subsection (k) of section 168 of the Internal	59019
Revenue Code, including the taxpayer's proportionate or	59020
distributive share of the amount of depreciation expense allowed	59021
by that subsection to a pass-through entity in which the taxpayer	59022
has a direct or indirect ownership interest.	59023

(ii) Add five-sixths of the amount of qualifying section 179	59024
depreciation expense, including a person's proportionate or	59025
distributive share of the amount of qualifying section 179	59026
depreciation expense allowed to any pass-through entity in which	59027
the person has a direct or indirect ownership. For the purposes of	59028
this division, "qualifying section 179 depreciation expense" means	59029
the difference between (I) the amount of depreciation expense	59030
directly or indirectly allowed to the taxpayer under section 179	59031
of the Internal Revenue Code, and (II) the amount of depreciation	59032
expense directly or indirectly allowed to the taxpayer under	59033
section 179 of the Internal Revenue Code as that section existed	59034
on December 31, 2002.	59035

The tax commissioner, under procedures established by the	59036
commissioner, may waive the add-backs related to a pass-through	59037
entity if the taxpayer owns, directly or indirectly, less than	59038
five per cent of the pass-through entity.	59039

(b) Nothing in division (A)(20) of this section shall be	59040
construed to adjust or modify the adjusted basis of any asset.	59041

(c) To the extent the add-back required under division	59042
(A)(20)(a) of this section is attributable to property generating	59043
nonbusiness income or loss allocated under section 5747.20 of the	59044
Revised Code, the add-back shall be sitused to the same location	59045
as the nonbusiness income or loss generated by the property for	59046
the purpose of determining the credit under division (A) of	59047
section 5747.05 of the Revised Code. Otherwise, the add-back shall	59048
be apportioned, subject to one or more of the four alternative	59049
methods of apportionment enumerated in section 5747.21 of the	59050
Revised Code.	59051

(d) For the purposes of division (A) of this section, net	59052
operating loss carryback and carryforward shall not include	59053
five-sixths of the allowance of any net operating loss deduction	59054
carryback or carryforward to the taxable year to the extent such	59055
loss resulted from depreciation allowed by section 168(k) of the	59056
Internal Revenue Code and by the qualifying section 179	59057
depreciation expense amount.	59058

(21)(a) If the taxpayer was required to add an amount under	59059
division (A)(20)(a) of this section for a taxable year, deduct	59060
one-fifth of the amount so added for each of the five succeeding	59061
taxable years.	59062

(b) If the amount deducted under division (A)(21)(a) of this	59063
section is attributable to an add-back allocated under division	59064
(A)(20)(c) of this section, the amount deducted shall be sitused	59065
to the same location. Otherwise, the add-back shall be apportioned	59066
using the apportionment factors for the taxable year in which the	59067
deduction is taken, subject to one or more of the four alternative	59068
methods of apportionment enumerated in section 5747.21 of the	59069
Revised Code.	59070

(c) No deduction is available under division (A)(21)(a) of	59071
this section with regard to any depreciation allowed by section	59072
168(k) of the Internal Revenue Code and by the qualifying section	59073
179 depreciation expense amount to the extent that such	59074
depreciation resulted in or increased a federal net operating loss	59075
carryback or carryforward to a taxable year to which division	59076
(A)(20)(d) of this section does not apply.	59077

(22) Deduct, to the extent not otherwise deducted or excluded	59078
in computing federal or Ohio adjusted gross income for the taxable	59079
year, the amount the taxpayer received during the taxable year as	59080
reimbursement for life insurance premiums under section 5919.31 of	59081
the Revised Code.	59082

(23) Deduct, to the extent not otherwise deducted or excluded	59083
in computing federal or Ohio adjusted gross income for the taxable	59084
year, the amount the taxpayer received during the taxable year as	59085
a death benefit paid by the adjutant general under section 5919.33	59086
of the Revised Code.	59087

(24) Deduct, to the extent included in federal adjusted gross	59088
income and not otherwise allowable as a deduction or exclusion in	59089
computing federal or Ohio adjusted gross income for the taxable	59090
year, military pay and allowances received by the taxpayer during	59091
the taxable year for active duty service in the United States	59092
army, air force, navy, marine corps, or coast guard or reserve	59093
components thereof or the national guard. The deduction may not be	59094
claimed for military pay and allowances received by the taxpayer	59095
while the taxpayer is stationed in this state.	59096

(25) Deduct, to the extent not otherwise allowable as a	59097
deduction or exclusion in computing federal or Ohio adjusted gross	59098
income for the taxable year and not otherwise compensated for by	59099
any other source, the amount of qualified organ donation expenses	59100
incurred by the taxpayer during the taxable year, not to exceed	59101
ten thousand dollars. A taxpayer may deduct qualified organ	59102
donation expenses only once for all taxable years beginning with	59103
taxable years beginning in 2007.	59104

For the purposes of division (A)(25) of this section:

59105

(a) "Human organ" means all or any portion of a human liver,	59106
pancreas, kidney, intestine, or lung, and any portion of human	59107
bone marrow.	59108

(b) "Qualified organ donation expenses" means travel	59109
expenses, lodging expenses, and wages and salary forgone by a	59110
taxpayer in connection with the taxpayer's donation, while living,	59111
of one or more of the taxpayer's human organs to another human	59112
being.	59113

(B) "Business income" means income, including gain or loss,	59114
arising from transactions, activities, and sources in the regular	59115
course of a trade or business and includes income, gain, or loss	59116
from real property, tangible property, and intangible property if	59117
the acquisition, rental, management, and disposition of the	59118
property constitute integral parts of the regular course of a	59119
trade or business operation. "Business income" includes income,	59120
including gain or loss, from a partial or complete liquidation of	59121
a business, including, but not limited to, gain or loss from the	59122
sale or other disposition of goodwill.	59123

(C) "Nonbusiness income" means all income other than business	59124
income and may include, but is not limited to, compensation, rents	59125
and royalties from real or tangible personal property, capital	59126
gains, interest, dividends and distributions, patent or copyright	59127
royalties, or lottery winnings, prizes, and awards.	59128

(D) "Compensation" means any form of remuneration paid to an	59129
employee for personal services.	59130

(E) "Fiduciary" means a guardian, trustee, executor,	59131
administrator, receiver, conservator, or any other person acting	59132
in any fiduciary capacity for any individual, trust, or estate.	59133

(F) "Fiscal year" means an accounting period of twelve months	59134
ending on the last day of any month other than December.	59135

(G) "Individual" means any natural person.

59136

(H) "Internal Revenue Code" means the "Internal Revenue Code	59137
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	59138

(I) "Resident" means any of the following, provided that	59139
division (I)(3) of this section applies only to taxable years of a	59140
trust beginning in 2002 or thereafter:	59141

(1) An individual who is domiciled in this state, subject to	59142
section 5747.24 of the Revised Code;	59143

(2) The estate of a decedent who at the time of death was	59144
domiciled in this state. The domicile tests of section 5747.24 of	59145
the Revised Code are not controlling for purposes of division	59146
(I)(2) of this section.	59147

(3) A trust that, in whole or part, resides in this state. If	59148
only part of a trust resides in this state, the trust is a	59149
resident only with respect to that part.	59150

For the purposes of division (I)(3) of this section:

59151

(a) A trust resides in this state for the trust's current	59152
taxable year to the extent, as described in division (I)(3)(d) of	59153
this section, that the trust consists directly or indirectly, in	59154
whole or in part, of assets, net of any related liabilities, that	59155
were transferred, or caused to be transferred, directly or	59156
indirectly, to the trust by any of the following:	59157

(i) A person, a court, or a governmental entity or	59158
instrumentality on account of the death of a decedent, but only if	59159
the trust is described in division (I)(3)(e)(i) or (ii) of this	59160
section;	59161

(ii) A person who was domiciled in this state for the	59162
purposes of this chapter when the person directly or indirectly	59163
transferred assets to an irrevocable trust, but only if at least	59164
one of the trust's qualifying beneficiaries is domiciled in this	59165
state for the purposes of this chapter during all or some portion	59166
of the trust's current taxable year;	59167

(iii) A person who was domiciled in this state for the	59168
purposes of this chapter when the trust document or instrument or	59169
part of the trust document or instrument became irrevocable, but	59170
only if at least one of the trust's qualifying beneficiaries is a	59171
resident domiciled in this state for the purposes of this chapter	59172
during all or some portion of the trust's current taxable year. If	59173
a trust document or instrument became irrevocable upon the death	59174
of a person who at the time of death was domiciled in this state	59175
for purposes of this chapter, that person is a person described in	59176
division (I)(3)(a)(iii) of this section.	59177

(b) A trust is irrevocable to the extent that the transferor	59178
is not considered to be the owner of the net assets of the trust	59179
under sections 671 to 678 of the Internal Revenue Code.	59180

(c) With respect to a trust other than a charitable lead	59181
trust, "qualifying beneficiary" has the same meaning as "potential	59182
current beneficiary" as defined in section 1361(e)(2) of the	59183
Internal Revenue Code, and with respect to a charitable lead trust	59184
"qualifying beneficiary" is any current, future, or contingent	59185
beneficiary, but with respect to any trust "qualifying	59186
beneficiary" excludes a person or a governmental entity or	59187
instrumentality to any of which a contribution would qualify for	59188
the charitable deduction under section 170 of the Internal Revenue	59189
Code.	59190

(d) For the purposes of division (I)(3)(a) of this section,	59191
the extent to which a trust consists directly or indirectly, in	59192
whole or in part, of assets, net of any related liabilities, that	59193
were transferred directly or indirectly, in whole or part, to the	59194
trust by any of the sources enumerated in that division shall be	59195
ascertained by multiplying the fair market value of the trust's	59196
assets, net of related liabilities, by the qualifying ratio, which	59197
shall be computed as follows:	59198

(i) The first time the trust receives assets, the numerator	59199
of the qualifying ratio is the fair market value of those assets	59200
at that time, net of any related liabilities, from sources	59201
enumerated in division (I)(3)(a) of this section. The denominator	59202
of the qualifying ratio is the fair market value of all the	59203
trust's assets at that time, net of any related liabilities.	59204

(ii) Each subsequent time the trust receives assets, a	59205
revised qualifying ratio shall be computed. The numerator of the	59206
revised qualifying ratio is the sum of (1) the fair market value	59207
of the trust's assets immediately prior to the subsequent	59208
transfer, net of any related liabilities, multiplied by the	59209
qualifying ratio last computed without regard to the subsequent	59210
transfer, and (2) the fair market value of the subsequently	59211
transferred assets at the time transferred, net of any related	59212
liabilities, from sources enumerated in division (I)(3)(a) of this	59213
section. The denominator of the revised qualifying ratio is the	59214
fair market value of all the trust's assets immediately after the	59215
subsequent transfer, net of any related liabilities.	59216

(iii) Whether a transfer to the trust is by or from any of	59217
the sources enumerated in division (I)(3)(a) of this section shall	59218
be ascertained without regard to the domicile of the trust's	59219
beneficiaries.	59220

(e) For the purposes of division (I)(3)(a)(i) of this	59221
section:	59222

(i) A trust is described in division (I)(3)(e)(i) of this	59223
section if the trust is a testamentary trust and the testator of	59224
that testamentary trust was domiciled in this state at the time of	59225
the testator's death for purposes of the taxes levied under	59226
Chapter 5731. of the Revised Code.	59227

(ii) A trust is described in division (I)(3)(e)(ii) of this	59228
section if the transfer is a qualifying transfer described in any	59229
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	59230
irrevocable inter vivos trust, and at least one of the trust's	59231
qualifying beneficiaries is domiciled in this state for purposes	59232
of this chapter during all or some portion of the trust's current	59233
taxable year.	59234

(f) For the purposes of division (I)(3)(e)(ii) of this	59235
section, a "qualifying transfer" is a transfer of assets, net of	59236
any related liabilities, directly or indirectly to a trust, if the	59237
transfer is described in any of the following:	59238

(i) The transfer is made to a trust, created by the decedent	59239
before the decedent's death and while the decedent was domiciled	59240
in this state for the purposes of this chapter, and, prior to the	59241
death of the decedent, the trust became irrevocable while the	59242
decedent was domiciled in this state for the purposes of this	59243
chapter.	59244

(ii) The transfer is made to a trust to which the decedent,	59245
prior to the decedent's death, had directly or indirectly	59246
transferred assets, net of any related liabilities, while the	59247
decedent was domiciled in this state for the purposes of this	59248
chapter, and prior to the death of the decedent the trust became	59249
irrevocable while the decedent was domiciled in this state for the	59250
purposes of this chapter.	59251

(iii) The transfer is made on account of a contractual	59252
relationship existing directly or indirectly between the	59253
transferor and either the decedent or the estate of the decedent	59254
at any time prior to the date of the decedent's death, and the	59255
decedent was domiciled in this state at the time of death for	59256
purposes of the taxes levied under Chapter 5731. of the Revised	59257
Code.	59258

(iv) The transfer is made to a trust on account of a	59259
contractual relationship existing directly or indirectly between	59260
the transferor and another person who at the time of the	59261
decedent's death was domiciled in this state for purposes of this	59262
chapter.	59263

(v) The transfer is made to a trust on account of the will of	59264
a testator.	59265

(vi) The transfer is made to a trust created by or caused to	59266
be created by a court, and the trust was directly or indirectly	59267
created in connection with or as a result of the death of an	59268
individual who, for purposes of the taxes levied under Chapter	59269
5731. of the Revised Code, was domiciled in this state at the time	59270
of the individual's death.	59271

(g) The tax commissioner may adopt rules to ascertain the	59272
part of a trust residing in this state.	59273

(J) "Nonresident" means an individual or estate that is not a	59274
resident. An individual who is a resident for only part of a	59275
taxable year is a nonresident for the remainder of that taxable	59276
year.	59277

(K) "Pass-through entity" has the same meaning as in section	59278
5733.04 of the Revised Code.	59279

(L) "Return" means the notifications and reports required to	59280
be filed pursuant to this chapter for the purpose of reporting the	59281
tax due and includes declarations of estimated tax when so	59282
required.	59283

(M) "Taxable year" means the calendar year or the taxpayer's	59284
fiscal year ending during the calendar year, or fractional part	59285
thereof, upon which the adjusted gross income is calculated	59286
pursuant to this chapter.	59287

(N) "Taxpayer" means any person subject to the tax imposed by	59288
section 5747.02 of the Revised Code or any pass-through entity	59289
that makes the election under division (D) of section 5747.08 of	59290
the Revised Code.	59291

(O) "Dependents" means dependents as defined in the Internal	59292
Revenue Code and as claimed in the taxpayer's federal income tax	59293
return for the taxable year or which the taxpayer would have been	59294
permitted to claim had the taxpayer filed a federal income tax	59295
return.	59296

(P) "Principal county of employment" means, in the case of a	59297
nonresident, the county within the state in which a taxpayer	59298
performs services for an employer or, if those services are	59299
performed in more than one county, the county in which the major	59300
portion of the services are performed.	59301

(Q) As used in sections 5747.50 to 5747.55 of the Revised	59302
Code:	59303

(1) "Subdivision" means any county, municipal corporation,	59304
park district, or township.	59305

(2) "Essential local government purposes" includes all	59306
functions that any subdivision is required by general law to	59307
exercise, including like functions that are exercised under a	59308
charter adopted pursuant to the Ohio Constitution.	59309

(R) "Overpayment" means any amount already paid that exceeds	59310
the figure determined to be the correct amount of the tax.	59311

(S) "Taxable income" or "Ohio taxable income" applies only to	59312
estates and trusts, and means federal taxable income, as defined	59313
and used in the Internal Revenue Code, adjusted as follows:	59314

(1) Add interest or dividends, net of ordinary, necessary,	59315
and reasonable expenses not deducted in computing federal taxable	59316
income, on obligations or securities of any state or of any	59317
political subdivision or authority of any state, other than this	59318
state and its subdivisions and authorities, but only to the extent	59319
that such net amount is not otherwise includible in Ohio taxable	59320
income and is described in either division (S)(1)(a) or (b) of	59321
this section:	59322

(a) The net amount is not attributable to the S portion of an	59323
electing small business trust and has not been distributed to	59324
beneficiaries for the taxable year;	59325

(b) The net amount is attributable to the S portion of an	59326
electing small business trust for the taxable year.	59327

(2) Add interest or dividends, net of ordinary, necessary,	59328
and reasonable expenses not deducted in computing federal taxable	59329
income, on obligations of any authority, commission,	59330
instrumentality, territory, or possession of the United States to	59331
the extent that the interest or dividends are exempt from federal	59332
income taxes but not from state income taxes, but only to the	59333
extent that such net amount is not otherwise includible in Ohio	59334
taxable income and is described in either division (S)(1)(a) or	59335
(b) of this section;	59336

(3) Add the amount of personal exemption allowed to the	59337
estate pursuant to section 642(b) of the Internal Revenue Code;	59338

(4) Deduct interest or dividends, net of related expenses	59339
deducted in computing federal taxable income, on obligations of	59340
the United States and its territories and possessions or of any	59341
authority, commission, or instrumentality of the United States to	59342
the extent that the interest or dividends are exempt from state	59343
taxes under the laws of the United States, but only to the extent	59344
that such amount is included in federal taxable income and is	59345
described in either division (S)(1)(a) or (b) of this section;	59346

(5) Deduct the amount of wages and salaries, if any, not	59347
otherwise allowable as a deduction but that would have been	59348
allowable as a deduction in computing federal taxable income for	59349
the taxable year, had the targeted jobs credit allowed under	59350
sections 38, 51, and 52 of the Internal Revenue Code not been in	59351
effect, but only to the extent such amount relates either to	59352
income included in federal taxable income for the taxable year or	59353
to income of the S portion of an electing small business trust for	59354
the taxable year;	59355

(6) Deduct any interest or interest equivalent, net of	59356
related expenses deducted in computing federal taxable income, on	59357
public obligations and purchase obligations, but only to the	59358
extent that such net amount relates either to income included in	59359
federal taxable income for the taxable year or to income of the S	59360
portion of an electing small business trust for the taxable year;	59361

(7) Add any loss or deduct any gain resulting from sale,	59362
exchange, or other disposition of public obligations to the extent	59363
that such loss has been deducted or such gain has been included in	59364
computing either federal taxable income or income of the S portion	59365
of an electing small business trust for the taxable year;	59366

(8) Except in the case of the final return of an estate, add	59367
any amount deducted by the taxpayer on both its Ohio estate tax	59368
return pursuant to section 5731.14 of the Revised Code, and on its	59369
federal income tax return in determining federal taxable income;	59370

(9)(a) Deduct any amount included in federal taxable income	59371
solely because the amount represents a reimbursement or refund of	59372
expenses that in a previous year the decedent had deducted as an	59373
itemized deduction pursuant to section 63 of the Internal Revenue	59374
Code and applicable treasury regulations. The deduction otherwise	59375
allowed under division (S)(9)(a) of this section shall be reduced	59376
to the extent the reimbursement is attributable to an amount the	59377
taxpayer or decedent deducted under this section in any taxable	59378
year.	59379

(b) Add any amount not otherwise included in Ohio taxable	59380
income for any taxable year to the extent that the amount is	59381
attributable to the recovery during the taxable year of any amount	59382
deducted or excluded in computing federal or Ohio taxable income	59383
in any taxable year, but only to the extent such amount has not	59384
been distributed to beneficiaries for the taxable year.	59385

(10) Deduct any portion of the deduction described in section	59386
1341(a)(2) of the Internal Revenue Code, for repaying previously	59387
reported income received under a claim of right, that meets both	59388
of the following requirements:	59389

(a) It is allowable for repayment of an item that was	59390
included in the taxpayer's taxable income or the decedent's	59391
adjusted gross income for a prior taxable year and did not qualify	59392
for a credit under division (A) or (B) of section 5747.05 of the	59393
Revised Code for that year.	59394

(b) It does not otherwise reduce the taxpayer's taxable	59395
income or the decedent's adjusted gross income for the current or	59396
any other taxable year.	59397

(11) Add any amount claimed as a credit under section	59398
5747.059 of the Revised Code to the extent that the amount	59399
satisfies either of the following:	59400

(a) The amount was deducted or excluded from the computation	59401
of the taxpayer's federal taxable income as required to be	59402
reported for the taxpayer's taxable year under the Internal	59403
Revenue Code;	59404

(b) The amount resulted in a reduction in the taxpayer's	59405
federal taxable income as required to be reported for any of the	59406
taxpayer's taxable years under the Internal Revenue Code.	59407

(12) Deduct any amount, net of related expenses deducted in	59408
computing federal taxable income, that a trust is required to	59409
report as farm income on its federal income tax return, but only	59410
if the assets of the trust include at least ten acres of land	59411
satisfying the definition of "land devoted exclusively to	59412
agricultural use" under section 5713.30 of the Revised Code,	59413
regardless of whether the land is valued for tax purposes as such	59414
land under sections 5713.30 to 5713.38 of the Revised Code. If the	59415
trust is a pass-through entity investor, section 5747.231 of the	59416
Revised Code applies in ascertaining if the trust is eligible to	59417
claim the deduction provided by division (S)(12) of this section	59418
in connection with the pass-through entity's farm income.	59419

Except for farm income attributable to the S portion of an	59420
electing small business trust, the deduction provided by division	59421
(S)(12) of this section is allowed only to the extent that the	59422
trust has not distributed such farm income. Division (S)(12) of	59423
this section applies only to taxable years of a trust beginning in	59424
2002 or thereafter.	59425

(13) Add the net amount of income described in section 641(c)	59426
of the Internal Revenue Code to the extent that amount is not	59427
included in federal taxable income.	59428

(14) Add or deduct the amount the taxpayer would be required	59429
to add or deduct under division (A)(20) or (21) of this section if	59430
the taxpayer's Ohio taxable income were computed in the same	59431
manner as an individual's Ohio adjusted gross income is computed	59432
under this section. In the case of a trust, division (S)(14) of	59433
this section applies only to any of the trust's taxable years	59434
beginning in 2002 or thereafter.	59435

(T) "School district income" and "school district income tax"	59436
have the same meanings as in section 5748.01 of the Revised Code.	59437

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	59438
of this section, "public obligations," "purchase obligations," and	59439
"interest or interest equivalent" have the same meanings as in	59440
section 5709.76 of the Revised Code.	59441

(V) "Limited liability company" means any limited liability	59442
company formed under Chapter 1705. of the Revised Code or under	59443
the laws of any other state.	59444

(W) "Pass-through entity investor" means any person who,	59445
during any portion of a taxable year of a pass-through entity, is	59446
a partner, member, shareholder, or equity investor in that	59447
pass-through entity.	59448

(X) "Banking day" has the same meaning as in section 1304.01	59449
of the Revised Code.	59450

(Y) "Month" means a calendar month.

59451

(Z) "Quarter" means the first three months, the second three	59452
months, the third three months, or the last three months of the	59453
taxpayer's taxable year.	59454

(AA)(1) "Eligible institution" means a state university or	59455
state institution of higher education as defined in section	59456
3345.011 of the Revised Code, or a private, nonprofit college,	59457
university, or other post-secondary institution located in this	59458
state that possesses a certificate of authorization issued by the	59459
Ohio board of regents pursuant to Chapter 1713. of the Revised	59460
Code or a certificate of registration issued by the state board of	59461
career colleges and schools under Chapter 3332. of the Revised	59462
Code.	59463

(2) "Qualified tuition and fees" means tuition and fees	59464
imposed by an eligible institution as a condition of enrollment or	59465
attendance, not exceeding two thousand five hundred dollars in	59466
each of the individual's first two years of post-secondary	59467
education. If the individual is a part-time student, "qualified	59468
tuition and fees" includes tuition and fees paid for the academic	59469
equivalent of the first two years of post-secondary education	59470
during a maximum of five taxable years, not exceeding a total of	59471
five thousand dollars. "Qualified tuition and fees" does not	59472
include:	59473

(a) Expenses for any course or activity involving sports,	59474
games, or hobbies unless the course or activity is part of the	59475
individual's degree or diploma program;	59476

(b) The cost of books, room and board, student activity fees,	59477
athletic fees, insurance expenses, or other expenses unrelated to	59478
the individual's academic course of instruction;	59479

(c) Tuition, fees, or other expenses paid or reimbursed	59480
through an employer, scholarship, grant in aid, or other	59481
educational benefit program.	59482

(BB)(1) "Modified business income" means the business income	59483
included in a trust's Ohio taxable income after such taxable	59484
income is first reduced by the qualifying trust amount, if any.	59485

(2) "Qualifying trust amount" of a trust means capital gains	59486
and losses from the sale, exchange, or other disposition of equity	59487
or ownership interests in, or debt obligations of, a qualifying	59488
investee to the extent included in the trust's Ohio taxable	59489
income, but only if the following requirements are satisfied:	59490

(a) The book value of the qualifying investee's physical	59491
assets in this state and everywhere, as of the last day of the	59492
qualifying investee's fiscal or calendar year ending immediately	59493
prior to the date on which the trust recognizes the gain or loss,	59494
is available to the trust.	59495

(b) The requirements of section 5747.011 of the Revised Code	59496
are satisfied for the trust's taxable year in which the trust	59497
recognizes the gain or loss.	59498

Any gain or loss that is not a qualifying trust amount is	59499
modified business income, qualifying investment income, or	59500
modified nonbusiness income, as the case may be.	59501

(3) "Modified nonbusiness income" means a trust's Ohio	59502
taxable income other than modified business income, other than the	59503
qualifying trust amount, and other than qualifying investment	59504
income, as defined in section 5747.012 of the Revised Code, to the	59505
extent such qualifying investment income is not otherwise part of	59506
modified business income.	59507

(4) "Modified Ohio taxable income" applies only to trusts,	59508
and means the sum of the amounts described in divisions (BB)(4)(a)	59509
to (c) of this section:	59510

(a) The fraction, calculated under section 5747.013, and	59511
applying section 5747.231 of the Revised Code, multiplied by the	59512
sum of the following amounts:	59513

(i) The trust's modified business income;

59514

(ii) The trust's qualifying investment income, as defined in	59515
section 5747.012 of the Revised Code, but only to the extent the	59516
qualifying investment income does not otherwise constitute	59517
modified business income and does not otherwise constitute a	59518
qualifying trust amount.	59519

(b) The qualifying trust amount multiplied by a fraction, the	59520
numerator of which is the sum of the book value of the qualifying	59521
investee's physical assets in this state on the last day of the	59522
qualifying investee's fiscal or calendar year ending immediately	59523
prior to the day on which the trust recognizes the qualifying	59524
trust amount, and the denominator of which is the sum of the book	59525
value of the qualifying investee's total physical assets	59526
everywhere on the last day of the qualifying investee's fiscal or	59527
calendar year ending immediately prior to the day on which the	59528
trust recognizes the qualifying trust amount. If, for a taxable	59529
year, the trust recognizes a qualifying trust amount with respect	59530
to more than one qualifying investee, the amount described in	59531
division (BB)(4)(b) of this section shall equal the sum of the	59532
products so computed for each such qualifying investee.	59533

(c)(i) With respect to a trust or portion of a trust that is	59534
a resident as ascertained in accordance with division (I)(3)(d) of	59535
this section, its modified nonbusiness income.	59536

(ii) With respect to a trust or portion of a trust that is	59537
not a resident as ascertained in accordance with division	59538
(I)(3)(d) of this section, the amount of its modified nonbusiness	59539
income satisfying the descriptions in divisions (B)(2) to (5) of	59540
section 5747.20 of the Revised Code, except as otherwise provided	59541
in division (BB)(4)(c)(ii) of this section. With respect to a	59542
trust or portion of a trust that is not a resident as ascertained	59543
in accordance with division (I)(3)(d) of this section, the trust's	59544
portion of modified nonbusiness income recognized from the sale,	59545
exchange, or other disposition of a debt interest in or equity	59546
interest in a section 5747.212 entity, as defined in section	59547
5747.212 of the Revised Code, without regard to division (A) of	59548
that section, shall not be allocated to this state in accordance	59549
with section 5747.20 of the Revised Code but shall be apportioned	59550
to this state in accordance with division (B) of section 5747.212	59551
of the Revised Code without regard to division (A) of that	59552
section.	59553

If the allocation and apportionment of a trust's income under	59554
divisions (BB)(4)(a) and (c) of this section do not fairly	59555
represent the modified Ohio taxable income of the trust in this	59556
state, the alternative methods described in division (C) of	59557
section 5747.21 of the Revised Code may be applied in the manner	59558
and to the same extent provided in that section.	59559

(5)(a) Except as set forth in division (BB)(5)(b) of this	59560
section, "qualifying investee" means a person in which a trust has	59561
an equity or ownership interest, or a person or unit of government	59562
the debt obligations of either of which are owned by a trust. For	59563
the purposes of division (BB)(2)(a) of this section and for the	59564
purpose of computing the fraction described in division (BB)(4)(b)	59565
of this section, all of the following apply:	59566

(i) If the qualifying investee is a member of a qualifying	59567
controlled group on the last day of the qualifying investee's	59568
fiscal or calendar year ending immediately prior to the date on	59569
which the trust recognizes the gain or loss, then "qualifying	59570
investee" includes all persons in the qualifying controlled group	59571
on such last day.	59572

(ii) If the qualifying investee, or if the qualifying	59573
investee and any members of the qualifying controlled group of	59574
which the qualifying investee is a member on the last day of the	59575
qualifying investee's fiscal or calendar year ending immediately	59576
prior to the date on which the trust recognizes the gain or loss,	59577
separately or cumulatively own, directly or indirectly, on the	59578
last day of the qualifying investee's fiscal or calendar year	59579
ending immediately prior to the date on which the trust recognizes	59580
the qualifying trust amount, more than fifty per cent of the	59581
equity of a pass-through entity, then the qualifying investee and	59582
the other members are deemed to own the proportionate share of the	59583
pass-through entity's physical assets which the pass-through	59584
entity directly or indirectly owns on the last day of the	59585
pass-through entity's calendar or fiscal year ending within or	59586
with the last day of the qualifying investee's fiscal or calendar	59587
year ending immediately prior to the date on which the trust	59588
recognizes the qualifying trust amount.	59589

(iii) For the purposes of division (BB)(5)(a)(iii) of this	59590
section, "upper level pass-through entity" means a pass-through	59591
entity directly or indirectly owning any equity of another	59592
pass-through entity, and "lower level pass-through entity" means	59593
that other pass-through entity.	59594

An upper level pass-through entity, whether or not it is also	59595
a qualifying investee, is deemed to own, on the last day of the	59596
upper level pass-through entity's calendar or fiscal year, the	59597
proportionate share of the lower level pass-through entity's	59598
physical assets that the lower level pass-through entity directly	59599
or indirectly owns on the last day of the lower level pass-through	59600
entity's calendar or fiscal year ending within or with the last	59601
day of the upper level pass-through entity's fiscal or calendar	59602
year. If the upper level pass-through entity directly and	59603
indirectly owns less than fifty per cent of the equity of the	59604
lower level pass-through entity on each day of the upper level	59605
pass-through entity's calendar or fiscal year in which or with	59606
which ends the calendar or fiscal year of the lower level	59607
pass-through entity and if, based upon clear and convincing	59608
evidence, complete information about the location and cost of the	59609
physical assets of the lower pass-through entity is not available	59610
to the upper level pass-through entity, then solely for purposes	59611
of ascertaining if a gain or loss constitutes a qualifying trust	59612
amount, the upper level pass-through entity shall be deemed as	59613
owning no equity of the lower level pass-through entity for each	59614
day during the upper level pass-through entity's calendar or	59615
fiscal year in which or with which ends the lower level	59616
pass-through entity's calendar or fiscal year. Nothing in division	59617
(BB)(5)(a)(iii) of this section shall be construed to provide for	59618
any deduction or exclusion in computing any trust's Ohio taxable	59619
income.	59620

(b) With respect to a trust that is not a resident for the	59621
taxable year and with respect to a part of a trust that is not a	59622
resident for the taxable year, "qualifying investee" for that	59623
taxable year does not include a C corporation if both of the	59624
following apply:	59625

(i) During the taxable year the trust or part of the trust	59626
recognizes a gain or loss from the sale, exchange, or other	59627
disposition of equity or ownership interests in, or debt	59628
obligations of, the C corporation.	59629

(ii) Such gain or loss constitutes nonbusiness income.

59630

(6) "Available" means information is such that a person is	59631
able to learn of the information by the due date plus extensions,	59632
if any, for filing the return for the taxable year in which the	59633
trust recognizes the gain or loss.	59634

(CC) "Qualifying controlled group" has the same meaning as in	59635
section 5733.04 of the Revised Code.	59636

(DD) "Related member" has the same meaning as in section	59637
5733.042 of the Revised Code.	59638

(EE)(1) For the purposes of division (EE) of this section:

59639

(a) "Qualifying person" means any person other than a	59640
qualifying corporation.	59641

(b) "Qualifying corporation" means any person classified for	59642
federal income tax purposes as an association taxable as a	59643
corporation, except either of the following:	59644

(i) A corporation that has made an election under subchapter	59645
S, chapter one, subtitle A, of the Internal Revenue Code for its	59646
taxable year ending within, or on the last day of, the investor's	59647
taxable year;	59648

(ii) A subsidiary that is wholly owned by any corporation	59649
that has made an election under subchapter S, chapter one,	59650
subtitle A of the Internal Revenue Code for its taxable year	59651
ending within, or on the last day of, the investor's taxable year.	59652

(2) For the purposes of this chapter, unless expressly stated	59653
otherwise, no qualifying person indirectly owns any asset directly	59654
or indirectly owned by any qualifying corporation.	59655

(FF) For purposes of this chapter and Chapter 5751. of the	59656
Revised Code:	59657

(1) "Trust" does not include a qualified pre-income tax	59658
trust.	59659

(2) A "qualified pre-income tax trust" is any pre-income tax	59660
trust that makes a qualifying pre-income tax trust election as	59661
described in division (FF)(3) of this section.	59662

(3) A "qualifying pre-income tax trust election" is an	59663
election by a pre-income tax trust to subject to the tax imposed	59664
by section 5751.02 of the Revised Code the pre-income tax trust	59665
and all pass-through entities of which the trust owns or controls,	59666
directly, indirectly, or constructively through related interests,	59667
five per cent or more of the ownership or equity interests. The	59668
trustee shall notify the tax commissioner in writing of the	59669
election on or before April 15, 2006. The election, if timely	59670
made, shall be effective on and after January 1, 2006, and shall	59671
apply for all tax periods and tax years until revoked by the	59672
trustee of the trust.	59673

(4) A "pre-income tax trust" is a trust that satisfies all of	59674
the following requirements:	59675

(a) The document or instrument creating the trust was	59676
executed by the grantor before January 1, 1972;	59677

(b) The trust became irrevocable upon the creation of the	59678
trust; and	59679

(c) The grantor was domiciled in this state at the time the	59680
trust was created.	59681

Sec. 5747.03. (A) All money collected under this chapter	59682
arising from the taxes imposed by section 5747.02 or 5747.41 of	59683
the Revised Code shall be credited to the general revenue fund,	59684
except that the treasurer of state shall:	59685

~~(1) Credit an amount equal to four and two-tenths per cent of~~	59686
~~those taxes collected under this chapter to the local government~~	59687
~~fund, which is hereby created in the state treasury, for~~	59688
~~distribution in accordance with section 5747.50 of the Revised~~	59689
~~Code;~~	59690

~~(2) Credit an amount equal to five and seven-tenths per cent~~	59691
~~of those taxes collected under this chapter to the library and~~	59692
~~local government support fund, which is hereby created in the~~	59693
~~state treasury, for distribution in accordance with section~~	59694
~~5747.47 of the Revised Code;~~	59695

~~(3) At~~, at the beginning of each calendar quarter, credit to	59696
the Ohio political party fund, pursuant to section 3517.16 of the	59697
Revised Code, an amount equal to the total dollar value realized	59698
from the taxpayer exercise of the income tax checkoff option on	59699
tax forms processed during the preceding calendar quarter;	59700

~~(4) Credit an amount equal to six-tenths of one per cent of~~	59701
~~those taxes collected under this chapter to the local government~~	59702
~~revenue assistance fund for distribution in accordance with~~	59703
~~section 5747.61 of the Revised Code~~.	59704

(B)(1) Following the crediting of moneys pursuant to division	59705
(A) of this section, the remainder deposited in the general	59706
revenue fund shall be distributed pursuant to division (F) of	59707
section 321.24 and section 323.156 of the Revised Code; to make	59708
subsidy payments to institutions of higher education from	59709
appropriations to the Ohio board of regents; to support	59710
expenditures for programs and services for the mentally ill,	59711
mentally retarded, developmentally disabled, and elderly; for	59712
primary and secondary education; for medical assistance; and for	59713
any other purposes authorized by law, subject to the limitation	59714
that at least fifty per cent of the income tax collected by the	59715
state from the tax imposed by section 5747.02 of the Revised Code	59716
shall be returned pursuant to Section 9 of Article XII, Ohio	59717
Constitution.	59718

(2) To ensure that such constitutional requirement is	59719
satisfied the tax commissioner shall, on or before the thirtieth	59720
day of June of each year, from the best information available to	59721
the tax commissioner, determine and certify for each county to the	59722
director of budget and management the amount of taxes collected	59723
under this chapter from the tax imposed under section 5747.02 of	59724
the Revised Code during the preceding calendar year that are	59725
required to be returned to the county by Section 9 of Article XII,	59726
Ohio Constitution. The director shall provide for payment from the	59727
general revenue fund to the county in the amount, if any, that the	59728
sum of the amount so certified for that county exceeds the sum of	59729
the following:	59730

(a) The sum of the payments from the general revenue fund for	59731
the preceding calendar year credited to the ~~credit of the~~ county's	59732
undivided income tax fund pursuant to division (F) of section	59733
321.24 and section 323.156 of the Revised Code or made directly	59734
from the general revenue fund to political subdivisions located in	59735
the county;	59736

(b) The sum of the amounts from the general revenue fund	59737
distributed in the county during the preceding calendar year for	59738
subsidy payments to institutions of higher education from	59739
appropriations to the Ohio board of regents; for programs and	59740
services for mentally ill, mentally retarded, developmentally	59741
disabled, and elderly persons; for primary and secondary	59742
education; and for medical assistance.	59743

(c) ~~The~~In the case of payments made by the director under	59744
this division in 2007, the total amount distributed to the county	59745
during the preceding calendar year from the local government fund	59746
and the local government revenue assistance fund, and, in the case	59747
of payments made by the director under this division in subsequent	59748
calendar years, the amount distributed to the county from the	59749
local government fund;	59750

(d) ~~The~~In the case of payments made by the director under	59751
this division, the total amount distributed to the county during	59752
the preceding calendar year from the library and local government	59753
support fund;	59754

~~(e) The amount distributed to the county during the preceding~~	59755
~~calendar year from the local government revenue assistance fund~~.	59756

Payments under this division shall be credited to the	59757
county's undivided income tax fund, except that, notwithstanding	59758
section 5705.14 of the Revised Code, such payments may be	59759
transferred by the board of county commissioners to the county	59760
general fund by resolution adopted with the affirmative vote of	59761
two-thirds of the members thereof.	59762

(C) All payments received in each month from taxes imposed	59763
under Chapter 5748. of the Revised Code and any penalties or	59764
interest thereon shall be paid into the school district income tax	59765
fund, which is hereby created in the state treasury, except that	59766
an amount equal to the following portion of such payments shall be	59767
paid into the general school district income tax administrative	59768
fund, which is hereby created in the state treasury:	59769

(1) One and three-quarters of one per cent of those received	59770
in fiscal year 1996;	59771

(2) One and one-half per cent of those received in fiscal	59772
year 1997 and thereafter.	59773

Money in the school district income tax administrative fund	59774
shall be used by the tax commissioner to defray costs incurred in	59775
administering the school district's income tax, including the cost	59776
of providing employers with information regarding the rate of tax	59777
imposed by any school district. Any moneys remaining in the fund	59778
after such use shall be deposited in the school district income	59779
tax fund.	59780

All interest earned on moneys in the school district income	59781
tax fund shall be credited to the fund.	59782

(D)(1)(a) Within thirty days of the end of each calendar	59783
quarter ending on the last day of March, June, September, and	59784
December, the director of budget and management shall make a	59785
payment from the school district income tax fund to each school	59786
district for which school district income tax revenue was received	59787
during that quarter. The amount of the payment shall equal the	59788
balance in the school district's account at the end of that	59789
quarter.	59790

(b) After a school district ceases to levy an income tax, the	59791
director of budget and management shall adjust the payments under	59792
division (D)(1)(a) of this section to retain sufficient money in	59793
the school district's account to pay refunds. For the calendar	59794
quarters ending on the last day of March and December of the	59795
calendar year following the last calendar year the tax is levied,	59796
the director shall make the payments in the amount required under	59797
division (D)(1)(a) of this section. For the calendar quarter	59798
ending on the last day of June of the calendar year following the	59799
last calendar year the tax is levied, the director shall make a	59800
payment equal to nine-tenths of the balance in the account at the	59801
end of that quarter. For the calendar quarter ending on the last	59802
day of September of the calendar year following the last calendar	59803
year the tax is levied, the director shall make no payment. For	59804
the second and succeeding calendar years following the last	59805
calendar year the tax is levied, the director shall make one	59806
payment each year, within thirty days of the last day of June, in	59807
an amount equal to the balance in the district's account on the	59808
last day of June.	59809

(2) Moneys paid to a school district under this division	59810
shall be deposited in its school district income tax fund. All	59811
interest earned on moneys in the school district income tax fund	59812
shall be apportioned by the tax commissioner pro rata among the	59813
school districts in the proportions and at the times the districts	59814
are entitled to receive payments under this division.	59815

Sec. 5747.47. (A)(1) By the twentieth day of July of each	59816
year, the tax commissioner shall estimate and certify the	59817
following for each county to its county auditor:	59818

(a) Its guaranteed share of the ensuing year's fund balance;

59819

(b) Its share of the excess of the ensuing year's fund	59820
balance;	59821

59822

(2) In December and in June following such estimations and	59823
certifications, the commissioner shall revise such estimates and	59824
certify such revised estimates to the respective county auditors.	59825

(B) By the tenth day of each month the commissioner shall	59826
distribute the amount credited to the library and local government	59827
support fund ~~from taxes collected under this chapter during the~~	59828
~~preceding month~~in the current month under section 131.51 of the	59829
Revised Code. The distributions shall be made as follows:	59830

(1) During the first six months of each year, each county	59831
shall be paid a percentage of the balance that is the same per	59832
cent that the revised estimate of the county's total entitlement	59833
certified in December under division (A)(2) of this section is of	59834
the sum of such revised estimates of the total entitlements for	59835
all counties.	59836

(2) During the last six months, each county shall be paid a	59837
percentage of the balance that is the same per cent that the	59838
revised estimate of the county's total entitlement certified in	59839
June under division (A)(2) of this section is of the sum of such	59840
revised estimates of the total entitlements for all counties.	59841

(3) During each of the first six months of each year, the	59842
payments made to each county shall be adjusted as follows:	59843

(a) If the county received an overpayment during the	59844
preceding distribution year, reduce the sum of the payments by the	59845
amount of such overpayment. The reduction shall be apportioned	59846
over the six months.	59847

(b) If the county received an underpayment during the	59848
preceding distribution year, increase the sum of the payments by	59849
the amount of such underpayment. The increase shall be apportioned	59850
over the six months.	59851

(C) By the twentieth day of December of each year, the tax	59852
commissioner shall determine and certify to the auditor of each	59853
county each of the following with respect to the current	59854
distribution year:	59855

(1) The year's fund balance;

59856

(2) Each county's guaranteed share;

59857

(3) Each county's share of the excess;

59858

(4) Each county's total entitlement;

59859

(5) Each county's net distribution;

59860

(6) The amount by which each county's net distribution	59861
exceeded or was less than its total entitlement, which amount	59862
shall constitute the county's overpayment or underpayment for	59863
purposes of division (B)(3) of this section in the ensuing	59864
distribution year.	59865

Sec. 5747.50. (A) As used in this section:

59866

(1) "County's proportionate share of the calendar year 2007	59867
LGF and LGRAF distributions" means the percentage computed for the	59868
county under division (B)(1)(a) of section 5747.501 of the Revised	59869
Code ~~for use in the current calendar year~~.	59870

(2) ~~"1983 share" means the sum of all payments made to a~~	59871
~~county under section 5747.50 of the Revised Code during 1983 under~~	59872
~~all versions of such section that were in effect during such year~~	59873
~~plus the payments made to the county's undivided local government~~	59874
~~fund in 1983 from the tax imposed on deposits under division (C)~~	59875
~~of section 5707.03 of the Revised Code.~~	59876

~~(3) "Amount available for distribution under division (B) of~~	59877
~~this section" means for any calendar year, both of the following:~~	59878

~~(a) Nine-tenths of the difference between the amount~~	59879
~~available for distribution under this section during that year and~~	59880
~~the deposit tax revenue of all counties;~~	59881

~~(b) The deposit tax revenue of all counties less six million~~	59882
~~dollars~~.	59883

~~Each year, an amount equal to the amount available for~~	59884
~~distribution under division (B) of this section shall be~~	59885
~~distributed from the local government fund as provided in that~~	59886
~~division. The balance in the fund available for distribution in~~	59887
~~that year under this section and not available for distribution~~	59888
~~under this division shall be distributed in accordance with~~	59889
~~division (C) of this section. The tax commissioner shall determine~~	59890
~~in each month what proportion of that month's local government~~	59891
~~fund balance shall be distributed under division (B) of this~~	59892
~~section and what proportion shall be distributed under division~~	59893
~~(C) of this section~~"County's proportionate share of the total	59894
amount of the local government fund additional revenue formula"	59895
means each county's proportionate share of the state's population	59896
as determined for and certified to the county for distributions to	59897
be made during the current calendar year under division (B)(2)(a)	59898
of section 5747.501 of the Revised Code. If prior to the first day	59899
of January of the current calendar year the federal government has	59900
issued a revision to the population figures reflected in the	59901
estimate produced pursuant to division (B)(2)(a) of section	59902
5747.501 of the Revised Code, such revised population figures	59903
shall be used for making the distributions during the current	59904
calendar year.	59905

(3) "2007 LGF and LGRAF county distribution base available in	59906
that month" means the lesser of the amounts described in division	59907
(A)(3)(a) and (b) of this section, provided that the amount shall	59908
not be less than zero:	59909

(a) The total amount available for distribution to counties	59910
from the local government fund during the current month.	59911

(b) The total amount distributed to counties from the local	59912
government fund and the local government revenue assistance fund	59913
to counties in calendar year 2007 less the total amount	59914
distributed to counties under division (B)(1) of this section	59915
during previous months of the current calendar year.	59916

(4) "Local government fund additional revenue distribution	59917
base available during that month" means the total amount available	59918
for distribution to counties during the month from the local	59919
government fund, less any amounts to be distributed in that month	59920
from the local government fund under division (B)(1) of this	59921
section, provided that the local government fund additional	59922
revenue distribution base available during that month shall not be	59923
less than zero.	59924

(5) "Total amount available for distribution to counties"	59925
means the total amount available for distribution from the local	59926
government fund during the current month less the total amount	59927
available for distribution to municipal corporations during the	59928
current month under division (C) of this section.	59929

(B) On or before the tenth day of each month, the tax	59930
commissioner shall provide for payment to ~~the county treasurer of~~	59931
each county of an amount equal to the sum of:	59932

(1) The county's proportionate share of the calendar year	59933
2007 LGF and LGRAF distributions multiplied by the 2007 LGF and	59934
LGRAF county distribution base available in that month, provided	59935
that if the 2007 LGF and LGRAF county distribution base available	59936
in that month is zero, no payment shall be made under division	59937
(B)(1) of this section for the month or the remainder of the	59938
calendar year; and	59939

(2) The county's proportionate share of the total amount of	59940
the local government fund additional revenue formula multiplied by	59941
the local government fund additional revenue distribution base	59942
available ~~for distribution~~ during that month ~~under this division,~~	59943
~~except as otherwise provided and in such a way that on the last~~	59944
~~day of each calendar year, each county shall have received an~~	59945
~~amount equal to its proportionate share of the amount available~~	59946
~~for distribution under this division during that year. Counties~~	59947
~~whose proportionate shares are less than their 1983 shares shall~~	59948
~~receive an amount equal to their 1983 shares during the year in~~	59949
~~lieu of their proportionate shares, and the amounts required to be~~	59950
~~paid to all other counties shall be proportionately reduced to~~	59951
~~fund such deficiency. If any county receives payments in any year~~	59952
~~that exceed the amount to which it is entitled, that excess shall~~	59953
~~be deducted from the payments due the county in the ensuing~~	59954
~~calendar year and apportioned among and paid to the counties that~~	59955
~~did not receive any such excess.~~	59956

~~The amount paid to any county in any month shall not be less~~	59957
~~than twenty-five thousand dollars unless a smaller payment is~~	59958
~~required in order to avoid paying that county more during the year~~	59959
~~than the amount to which it is entitled for that year~~.	59960

Money received into the treasury of a county under this	59961
division shall be credited to the undivided local government fund	59962
in the treasury of the county on or before the fifteenth day of	59963
each month. ~~The~~On or before the twentieth day of each month, the	59964
county auditor shall issue warrants against all of the undivided	59965
local government fund in the county treasury in the respective	59966
amounts allowed as provided in section 5747.51 of the Revised	59967
Code, and the treasurer shall distribute and pay such sums to the	59968
subdivision therein.	59969

(C)(1) As used in division (C) of this section:

59970

(a) "Total amount available for distribution to	59971
municipalities during the current month" means the product	59972
obtained by multiplying the total amount available for	59973
distribution from the local government fund during the current	59974
month by the aggregate municipal share.	59975

(b) "Aggregate municipal share" means the quotient obtained	59976
by dividing the total amount distributed directly from the local	59977
government fund to municipal corporations during calendar year	59978
2007 by the total distributions from the local government fund and	59979
local government revenue assistance fund during calendar year	59980
2007.	59981

(2) On or before the tenth day of each month, the tax	59982
commissioner shall provide for payment from the local government	59983
fund to ~~each municipal corporation which had in effect during the~~	59984
~~preceding calendar year a tax imposed under Chapter 718. of the~~	59985
~~Revised Code. The amount paid to~~ each municipal corporation ~~shall~~	59986
~~bear the same~~an amount equal to the product derived by	59987
multiplying the municipal corporation's percentage toof the total	59988
amount ~~to be~~ distributed to all such municipal corporations under	59989
this division ~~as the total income taxes collected by such~~	59990
~~municipal corporation~~ during ~~the second~~calendar year ~~preceding~~	59991
~~the year in which distribution is made bears to the total amount~~	59992
~~of such taxes collected by all municipal corporations during such~~	59993
~~period~~2007 by the total amount available for distribution to	59994
municipal corporations during the current month. ~~Payments~~	59995

(3) Payments received by a municipal corporation under this	59996
division shall be paid into its general fund and may be used for	59997
any lawful purpose.	59998

(4) The amount distributed to municipal corporations under	59999
this division during any calendar year shall not exceed the amount	60000
distributed directly from the local government fund to municipal	60001
corporations during calendar year 2007. If that maximum amount is	60002
reached during any month, distributions to municipal corporations	60003
in that month shall be as provided in divisions (C)(1) and (2) of	60004
this section, but no further distributions shall be made to	60005
municipal corporations under division (C) of this section during	60006
the remainder of the calendar year.	60007

(5) Upon being informed of a municipal corporation's	60008
dissolution, the tax commissioner shall cease providing for	60009
payments to that municipal corporation under division (C) of this	60010
section. The proportionate shares of the total amount available	60011
for distribution to each of the remaining municipal corporations	60012
under this division shall be increased on a pro rata basis.	60013

(D) Each municipal corporation which has in effect a tax	60014
imposed under Chapter 718. of the Revised Code shall, no later	60015
than the thirty-first day of August of each year, certify to the	60016
tax commissioner the total amount of income taxes collected by	60017
such municipal corporation pursuant to such chapter during the	60018
preceding calendar year. The tax commissioner ~~shall~~may withhold	60019
payment of local government fund moneys pursuant to division (C)	60020
of this section from any municipal corporation for failure to	60021
comply with this reporting requirement.	60022

Sec. 5747.501. (A) ByOn or before the ~~fifteenth~~	60023
twenty-fifth day of ~~December~~July of each year, the tax	60024
commissioner shall estimate and certify to each county auditor the	60025
amount to be ~~paid into~~distributed from the local government fund	60026
~~for distribution~~ to each undivided local government fund during	60027
the following calendar year under section 5747.50 of the Revised	60028
Code. The ~~commissioner~~estimate shall ~~then determine~~equal the sum	60029
of the separate amounts ~~that would be paid to each county if the~~	60030
~~amount so certified were distributed~~computed under divisions	60031
~~(A)~~(B)(1) and (2) of this section ~~as follows:~~	60032

~~(1)(a) As used in this division and in section 5747.50 of the~~	60033
~~Revised Code, "deposit tax revenue" means one hundred forty-five~~	60034
~~and forty-five one-hundredths per cent of the payments made to the~~	60035
~~county's undivided local government fund in 1983 from the tax~~	60036
~~imposed on deposits under division (C) of section 5707.03 of the~~	60037
~~Revised Code.~~	60038

~~(b) Compute each county's deposit tax revenue.~~

60039

~~(c) Determine how much each county would receive if~~	60040
~~nine-tenths of the difference between the amount certified under~~	60041
~~division (A) of this section and the sum of all counties' deposit~~	60042
~~tax revenues, less six million dollars, were allocated among the~~	60043
~~counties in the following year as follows:~~	60044

~~(i) Seventy-five per cent of said amount shall be apportioned~~	60045
~~in the ratio that the total of the real, public utility, and~~	60046
~~tangible personal property tax duplicates of the municipal~~	60047
~~corporations, or parts thereof, in the county for the year next~~	60048
~~preceding the year in which the computation is made bears to the~~	60049
~~total aggregate real, public utility, and tangible personal~~	60050
~~property tax duplicates of all the municipal corporations in the~~	60051
~~state for the same year.~~	60052

~~(ii) Twenty-five per cent shall be apportioned among all the~~	60053
~~counties in the ratio that the population of the county at the~~	60054
~~last federal decennial census bears to the total population of the~~	60055
~~state.~~	60056

~~(iii) Adjust the sum of the allocations under divisions~~	60057
~~(A)(1)(c)(i) and (ii) for each county so that the sum allocated to~~	60058
~~each county under those divisions is at least two hundred~~	60059
~~twenty-five thousand dollars. If such an adjustment is made, the~~	60060
~~sum of the apportionments to the counties for which no adjustment~~	60061
~~is necessary shall be proportionately reduced so that the sum of~~	60062
~~the allocations to all counties equals the amount to be allocated~~	60063
~~under divisions (A)(1)(c)(i) to (iii) of this section.~~	60064

~~(d) Add the amount allocated to each county under division~~	60065
~~(A)(1)(c) to its deposit tax revenue.~~	60066

~~(2) Determine how much each county would receive if~~	60067
~~nine-tenths of the amount certified by the commissioner, less six~~	60068
~~million dollars, were allocated in the manner prescribed by~~	60069
~~division (A)(1)(c) of this section~~.	60070

(B) ~~Upon the completion of the computations required by~~	60071
~~division (A) of this section, the commissioner shall assign to~~	60072
~~each county, the amount computed for it under division (A)(1)(d)~~	60073
~~of this section or the amount computed under division (A)(2) of~~	60074
~~this section, whichever is the higher amount, and compute the per~~	60075
~~cent that the assigned amount for each county is of the sum of the~~	60076
~~assigned amounts for all counties. The percentage so computed~~	60077
~~shall be the proportionate share of the county for the following~~	60078
~~calendar year for purposes of making the distributions required by~~	60079
~~section 5747.50 of the Revised Code~~(1) The product obtained by	60080
multiplying the percentage described in division (B)(1)(a) of this	60081
section by the amount described in division (B)(1)(b) of this	60082
section.	60083

(a) Each county's proportionate share of the total amount	60084
distributed to the counties from the local government fund and the	60085
local government revenue assistance fund during calendar year	60086
2007.	60087

(b) The total amount distributed to counties from the local	60088
government fund and the local government revenue assistance fund	60089
during calendar year 2007 adjusted downward if, and to the extent	60090
that, total local government fund distributions to counties for	60091
the following year are projected to be less than what was	60092
distributed to counties from the local government fund and local	60093
government revenue assistance fund during calendar year 2007.	60094

(2) The product obtained by multiplying the percentage	60095
described in division (B)(2)(a) of this section by the amount	60096
described in division (B)(2)(b) of this section.	60097

(a) Each county's proportionate share of the state's	60098
population as reflected in the most recent federal decennial	60099
census or the federal government's most recent census estimates,	60100
whichever represents the most recent year.	60101

(b) The amount by which total estimated distributions from	60102
the local government fund during the immediately succeeding	60103
calendar year, less the total estimated amount to be distributed	60104
from the fund to municipal corporations under division (C) of	60105
section 5747.50 of the Revised Code during the immediately	60106
succeeding calendar year, exceed the total amount distributed to	60107
counties from the local government fund and local government	60108
revenue assistance fund during calendar year 2007.	60109

Sec. 5747.51. (A) ~~Within ten days after~~On or before the	60110
~~fifteenth~~twenty-fifth day of July of each year, the tax	60111
commissioner shall make and certify to the county auditor of each	60112
county an estimate of the amount of the local government fund to	60113
be allocated to the undivided local government fund of each county	60114
for the ensuing calendar year and the estimated amount to be	60115
received by the undivided local government fund of each county	60116
from the taxes levied pursuant to section 5707.03 of the Revised	60117
Code for the ensuing calendar year.	60118

(B) At each annual regular session of the county budget	60119
commission convened pursuant to section 5705.27 of the Revised	60120
Code, each auditor shall present to the commission the certificate	60121
of the commissioner, the annual tax budget and estimates, and the	60122
records showing the action of the commission in its last preceding	60123
regular session. The estimates shown on the certificate of the	60124
commissioner of the amount to be allocated from the local	60125
government fund and the amount to be received from taxes levied	60126
pursuant to section 5707.03 of the Revised Code shall be combined	60127
into one total comprising the estimate of the undivided local	60128
government fund of the county. The commission, after extending to	60129
the representatives of each subdivision an opportunity to be	60130
heard, under oath administered by any member of the commission,	60131
and considering all the facts and information presented to it by	60132
the auditor, shall determine the amount of the undivided local	60133
government fund needed by and to be apportioned to each	60134
subdivision for current operating expenses, as shown in the tax	60135
budget of the subdivision. This determination shall be made	60136
pursuant to divisions (C) to (I) of this section, unless the	60137
commission has provided for a formula pursuant to section 5747.53	60138
of the Revised Code.	60139

Nothing in this section prevents the budget commission, for	60140
the purpose of apportioning the undivided local government fund,	60141
from inquiring into the claimed needs of any subdivision as stated	60142
in its tax budget, or from adjusting claimed needs to reflect	60143
actual needs. For the purposes of this section, "current operating	60144
expenses" means the lawful expenditures of a subdivision, except	60145
those for permanent improvements and except payments for interest,	60146
sinking fund, and retirement of bonds, notes, and certificates of	60147
indebtedness of the subdivision.	60148

(C) The commission shall determine the combined total of the	60149
estimated expenditures, including transfers, from the general fund	60150
and any special funds other than special funds established for	60151
road and bridge; street construction, maintenance, and repair;	60152
state highway improvement; and gas, water, sewer, and electric	60153
public utilities operated by a subdivision, as shown in the	60154
subdivision's tax budget for the ensuing calendar year.	60155

(D) From the combined total of expenditures calculated	60156
pursuant to division (C) of this section, the commission shall	60157
deduct the following expenditures, if included in these funds in	60158
the tax budget:	60159

(1) Expenditures for permanent improvements as defined in	60160
division (E) of section 5705.01 of the Revised Code;	60161

(2) In the case of counties and townships, transfers to the	60162
road and bridge fund, and in the case of municipalities, transfers	60163
to the street construction, maintenance, and repair fund and the	60164
state highway improvement fund;	60165

(3) Expenditures for the payment of debt charges;

60166

(4) Expenditures for the payment of judgments.

60167

(E) In addition to the deductions made pursuant to division	60168
(D) of this section, revenues accruing to the general fund and any	60169
special fund considered under division (C) of this section from	60170
the following sources shall be deducted from the combined total of	60171
expenditures calculated pursuant to division (C) of this section:	60172

(1) Taxes levied within the ten-mill limitation, as defined	60173
in section 5705.02 of the Revised Code;	60174

(2) The budget commission allocation of estimated county	60175
library and local government support fund revenues to be	60176
distributed pursuant to section 5747.48 of the Revised Code;	60177

(3) Estimated unencumbered balances as shown on the tax	60178
budget as of the thirty-first day of December of the current year	60179
in the general fund, but not any estimated balance in any special	60180
fund considered in division (C) of this section;	60181

(4) Revenue, including transfers, shown in the general fund	60182
and any special funds other than special funds established for	60183
road and bridge; street construction, maintenance, and repair;	60184
state highway improvement; and gas, water, sewer, and electric	60185
public utilities, from all other sources except those that a	60186
subdivision receives from an additional tax or service charge	60187
voted by its electorate or receives from special assessment or	60188
revenue bond collection. For the purposes of this division, where	60189
the charter of a municipal corporation prohibits the levy of an	60190
income tax, an income tax levied by the legislative authority of	60191
such municipal corporation pursuant to an amendment of the charter	60192
of that municipal corporation to authorize such a levy represents	60193
an additional tax voted by the electorate of that municipal	60194
corporation. For the purposes of this division, any measure	60195
adopted by a board of county commissioners pursuant to section	60196
322.02, 324.02, 4504.02, or 5739.021 of the Revised Code,	60197
including those measures upheld by the electorate in a referendum	60198
conducted pursuant to section 322.021, 324.021, 4504.021, or	60199
5739.022 of the Revised Code, shall not be considered an	60200
additional tax voted by the electorate.	60201

Subject to division (G) of section 5705.29 of the Revised	60202
Code, money in a reserve balance account established by a county,	60203
township, or municipal corporation under section 5705.13 of the	60204
Revised Code shall not be considered an unencumbered balance or	60205
revenue under division (E)(3) or (4) of this section. Money in a	60206
reserve balance account established by a township under section	60207
5705.132 of the Revised Code shall not be considered an	60208
unencumbered balance or revenue under division (E)(3) or (4) of	60209
this section.	60210

If a county, township, or municipal corporation has created	60211
and maintains a nonexpendable trust fund under section 5705.131 of	60212
the Revised Code, the principal of the fund, and any additions to	60213
the principal arising from sources other than the reinvestment of	60214
investment earnings arising from such a fund, shall not be	60215
considered an unencumbered balance or revenue under division	60216
(E)(3) or (4) of this section. Only investment earnings arising	60217
from investment of the principal or investment of such additions	60218
to principal may be considered an unencumbered balance or revenue	60219
under those divisions.	60220

(F) The total expenditures calculated pursuant to division	60221
(C) of this section, less the deductions authorized in divisions	60222
(D) and (E) of this section, shall be known as the "relative need"	60223
of the subdivision, for the purposes of this section.	60224

(G) The budget commission shall total the relative need of	60225
all participating subdivisions in the county, and shall compute a	60226
relative need factor by dividing the total estimate of the	60227
undivided local government fund by the total relative need of all	60228
participating subdivisions.	60229

(H) The relative need of each subdivision shall be multiplied	60230
by the relative need factor to determine the proportionate share	60231
of the subdivision in the undivided local government fund of the	60232
county; provided, that the maximum proportionate share of a county	60233
shall not exceed the following maximum percentages of the total	60234
estimate of the undivided local government fund governed by the	60235
relationship of the percentage of the population of the county	60236
that resides within municipal corporations within the county to	60237
the total population of the county as reported in the reports on	60238
population in Ohio by the department of development as of the	60239
twentieth day of July of the year in which the tax budget is filed	60240
with the budget commission:	60241

Percentage of	Percentage share	60242
municipal population	of the county	60243
within the county:	shall not exceed:	60244
Less than forty-one per cent	Sixty per cent	60245
Forty-one per cent or more but less		60246
than eighty-one per cent	Fifty per cent	60247
Eighty-one per cent or more	Thirty per cent	60248

Where the proportionate share of the county exceeds the	60249
limitations established in this division, the budget commission	60250
shall adjust the proportionate shares determined pursuant to this	60251
division so that the proportionate share of the county does not	60252
exceed these limitations, and it shall increase the proportionate	60253
shares of all other subdivisions on a pro rata basis. In counties	60254
having a population of less than one hundred thousand, not less	60255
than ten per cent shall be distributed to the townships therein.	60256

(I) The proportionate share of each subdivision in the	60257
undivided local government fund determined pursuant to division	60258
(H) of this section for any calendar year shall not be less than	60259
the product of the average of the percentages of the undivided	60260
local government fund of the county as apportioned to that	60261
subdivision for the calendar years 1968, 1969, and 1970,	60262
multiplied by the total amount of the undivided local government	60263
fund of the county apportioned pursuant to former section 5735.23	60264
of the Revised Code for the calendar year 1970. For the purposes	60265
of this division, the total apportioned amount for the calendar	60266
year 1970 shall be the amount actually allocated to the county in	60267
1970 from the state collected intangible tax as levied by section	60268
5707.03 of the Revised Code and distributed pursuant to section	60269
5725.24 of the Revised Code, plus the amount received by the	60270
county in the calendar year 1970 pursuant to division (B)(1) of	60271
former section 5739.21 of the Revised Code, and distributed	60272
pursuant to former section 5739.22 of the Revised Code. If the	60273
total amount of the undivided local government fund for any	60274
calendar year is less than the amount of the undivided local	60275
government fund apportioned pursuant to former section 5739.23 of	60276
the Revised Code for the calendar year 1970, the minimum amount	60277
guaranteed to each subdivision for that calendar year pursuant to	60278
this division shall be reduced on a basis proportionate to the	60279
amount by which the amount of the undivided local government fund	60280
for that calendar year is less than the amount of the undivided	60281
local government fund apportioned for the calendar year 1970.	60282

(J) On the basis of such apportionment, the county auditor	60283
shall compute the percentage share of each such subdivision in the	60284
undivided local government fund and shall at the same time certify	60285
to the tax commissioner the percentage share of the county as a	60286
subdivision. No payment shall be made from the undivided local	60287
government fund, except in accordance with such percentage shares.	60288

Within ten days after the budget commission has made its	60289
apportionment, whether conducted pursuant to section 5747.51 or	60290
5747.53 of the Revised Code, the auditor shall publish a list of	60291
the subdivisions and the amount each is to receive from the	60292
undivided local government fund and the percentage share of each	60293
subdivision, in a newspaper or newspapers of countywide	60294
circulation, and send a copy of such allocation to the tax	60295
commissioner.	60296

The county auditor shall also send by certified mail, return	60297
receipt requested, a copy of such allocation to the fiscal officer	60298
of each subdivision entitled to participate in the allocation of	60299
the undivided local government fund of the county. This copy shall	60300
constitute the official notice of the commission action referred	60301
to in section 5705.37 of the Revised Code.	60302

All money received into the treasury of a subdivision from	60303
the undivided local government fund in a county treasury shall be	60304
paid into the general fund and used for the current operating	60305
expenses of the subdivision.	60306

If a municipal corporation maintains a municipal university,	60307
such municipal university, when the board of trustees so requests	60308
the legislative authority of the municipal corporation, shall	60309
participate in the money apportioned to such municipal corporation	60310
from the total local government fund, however created and	60311
constituted, in such amount as requested by the board of trustees,	60312
provided such sum does not exceed nine per cent of the total	60313
amount paid to the municipal corporation.	60314

If any public official fails to maintain the records required	60315
by sections 5747.50 to 5747.55 of the Revised Code or by the rules	60316
issued by the tax commissioner, the auditor of state, or the	60317
treasurer of state pursuant to such sections, or fails to comply	60318
with any law relating to the enforcement of such sections, the	60319
local government fund money allocated to the county ~~shall~~may be	60320
withheld until such time as the public official has complied with	60321
such sections or such law or the rules issued pursuant thereto.	60322

Sec. 5747.54. The tax commissioner ~~shall not distribute~~may	60323
withhold distributions of local government fund money to any	60324
county where the county auditor has failed to certify to the tax	60325
commissioner the percentage share of the undivided local	60326
government fund of the county as a subdivision for the year for	60327
which distribution is to be made. The director ~~shall~~of budget and	60328
management may direct the tax commissioner to withhold from ~~such~~a	60329
county the percentage of the amount distributable thereto that	60330
constitutes the share of the county as a subdivision of the local	60331
government fund so long as such county is indebted or otherwise	60332
obligated to the state, until such indebtedness or other	60333
obligation has been duly paid, but no distribution of such	60334
percentage share of the local government fund shall be withheld	60335
unless an itemized statement of such indebtedness is furnished the	60336
county auditor of the county from which the indebtedness is due at	60337
least thirty days prior to the withholding of the distribution.	60338

Any indebtedness or obligation of the state to a county shall	60339
be deducted from the amount owing to the state by such county in	60340
determining the indebtedness or obligation as to which	60341
distribution is withheld.	60342

Sec. 5747.77. (A) As used in this section:

60343

(1) "Alternative fuel" means E85 blend fuel or blended	60344
biodiesel.	60345

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	60346
fuel that is derived from vegetable oils or animal fats, or any	60347
combination of those reagents that meets the American society for	60348
testing and materials specification for biodiesel fuel (B100)	60349
blend stock distillate fuels.	60350

(3) "Blended biodiesel" means a blend of biodiesel with	60351
petroleum based diesel fuel in which the resultant product	60352
contains not less than twenty per cent biodiesel and meets the	60353
American society for testing and materials specification for	60354
blended diesel fuel.	60355

(4) "Diesel fuel" means any liquid fuel that is capable of	60356
use in discrete form or as a blend component in the operation of	60357
engines of the diesel type.	60358

(5) "Ethanol" means fermentation ethyl alcohol derived from	60359
agricultural products, including potatoes, cereal, grains, cheese	60360
whey, and sugar beets; forest products; or other renewable	60361
resources, including residue and waste generated from the	60362
production, processing, and marketing of agricultural products,	60363
forest products, and other renewable resources that meet all of	60364
the specifications in the American society for testing and	60365
materials (ASTM) specification D 4806-88 and is denatured as	60366
specified in Parts 20 and 21 of Title 27 of the Code of Federal	60367
Regulations.	60368

(6) "E85 blend fuel" means fuel containing eighty-five per	60369
cent or more ethanol, or containing any other percentage of not	60370
less than seventy per cent ethanol if the United States department	60371
of energy determines, by rule, that the lower percentage is	60372
necessary to provide for the requirements of cold start, safety,	60373
or other vehicle functions, and that meets the American society	60374
for testing and materials specification for E85 blend fuel.	60375

(7) "Retail dealer" means any person that is a taxpayer under	60376
this chapter that owns or operates a retail service station	60377
located in this state.	60378

(8) "Retail service station" means a location in this state	60379
from which alternative fuel is sold to the general public and is	60380
dispensed or pumped directly into motor vehicle fuel tanks for	60381
consumption.	60382

(B) For taxable years ending in 2008 and 2009, there is	60383
hereby allowed a nonrefundable credit against the tax imposed by	60384
section 5747.02 of the Revised Code for a retail dealer that sells	60385
alternative fuel. The credit for a dealer's taxable year ending in	60386
2008 shall equal fifteen cents per gallon of alternative fuel sold	60387
and dispensed through a metered pump at the retail dealer's retail	60388
service station during any part of calendar year 2007 or 2008	60389
included in that taxable year. The credit for a dealer's taxable	60390
year ending in 2009 shall equal fifteen cents per gallon of	60391
alternative fuel sold and dispensed through a metered pump at the	60392
retail dealer's retail service station during any part of calendar	60393
year 2008 included in that taxable year, plus thirteen cents per	60394
gallon of alternative fuel sold and dispensed in that manner	60395
during any part of calendar year 2009 included in that taxable	60396
year.	60397

The credit shall be calculated separately for each retail	60398
service station owned or operated by the retail dealer. The credit	60399
allowed under this section may not be claimed for alternative fuel	60400
sold or dispensed before January 1, 2008, or on or after January	60401
1, 2010.	60402

(C) The retail dealer shall claim the credit under this	60403
section in the order prescribed in section 5747.98 of the Revised	60404
Code. The credit shall not exceed the amount of tax otherwise due	60405
under section 5747.02 of the Revised Code after deducting any	60406
other credits that precede the credit claimed under this section	60407
in that order.	60408

(D) Nothing in this section limits or disallows pass-through	60409
treatment of the credit if the retail dealer is a pass-through	60410
entity. If the retail dealer is a pass-through entity, references	60411
in other divisions of this section to "taxable year" refer to the	60412
dealer's taxable year; an equity owner of the retail dealer that	60413
is a pass-through entity may claim the owner's distributive or	60414
proportionate share of the credit for the equity owner's taxable	60415
year that includes the last day of the entity's taxable year.	60416

Sec. 5747.98. (A) To provide a uniform procedure for	60417
calculating the amount of tax due under section 5747.02 of the	60418
Revised Code, a taxpayer shall claim any credits to which the	60419
taxpayer is entitled in the following order:	60420

(1) The retirement income credit under division (B) of	60421
section 5747.055 of the Revised Code;	60422

(2) The senior citizen credit under division (C) of section	60423
5747.05 of the Revised Code;	60424

(3) The lump sum distribution credit under division (D) of	60425
section 5747.05 of the Revised Code;	60426

(4) The dependent care credit under section 5747.054 of the	60427
Revised Code;	60428

(5) The lump sum retirement income credit under division (C)	60429
of section 5747.055 of the Revised Code;	60430

(6) The lump sum retirement income credit under division (D)	60431
of section 5747.055 of the Revised Code;	60432

(7) The lump sum retirement income credit under division (E)	60433
of section 5747.055 of the Revised Code;	60434

(8) The low-income credit under section 5747.056 of the	60435
Revised Code;	60436

(9) The credit for displaced workers who pay for job training	60437
under section 5747.27 of the Revised Code;	60438

(10) The campaign contribution credit under section 5747.29	60439
of the Revised Code;	60440

(11) The twenty-dollar personal exemption credit under	60441
section 5747.022 of the Revised Code;	60442

(12) The joint filing credit under division (G) of section	60443
5747.05 of the Revised Code;	60444

(13) The nonresident credit under division (A) of section	60445
5747.05 of the Revised Code;	60446

(14) The credit for a resident's out-of-state income under	60447
division (B) of section 5747.05 of the Revised Code;	60448

(15) The credit for employers that enter into agreements with	60449
child day-care centers under section 5747.34 of the Revised Code;	60450

(16) The credit for employers that reimburse employee child	60451
care expenses under section 5747.36 of the Revised Code;	60452

(17) The credit for adoption of a minor child under section	60453
5747.37 of the Revised Code;	60454

(18) The credit for purchases of lights and reflectors under	60455
section 5747.38 of the Revised Code;	60456

(19) The job retention credit under division (B) of section	60457
5747.058 of the Revised Code;	60458

(20) The credit ~~for purchases of new manufacturing machinery~~	60459
~~and equipment under section 5747.26 or section 5747.261~~for	60460
selling alternative fuel under section 5747.77 of the Revised	60461
Code;	60462

(21) The second credit for purchases of new manufacturing	60463
machinery and equipment and the credit for using Ohio coal under	60464
section 5747.31 of the Revised Code;	60465

(22) The job training credit under section 5747.39 of the	60466
Revised Code;	60467

(23) The enterprise zone credit under section 5709.66 of the	60468
Revised Code;	60469

(24) The credit for the eligible costs associated with a	60470
voluntary action under section 5747.32 of the Revised Code;	60471

(25) The credit for employers that establish on-site child	60472
day-care centers under section 5747.35 of the Revised Code;	60473

(26) The ethanol plant investment credit under section	60474
5747.75 of the Revised Code;	60475

(27) The credit for purchases of qualifying grape production	60476
property under section 5747.28 of the Revised Code;	60477

(28) The export sales credit under section 5747.057 of the	60478
Revised Code;	60479

(29) The credit for research and development and technology	60480
transfer investors under section 5747.33 of the Revised Code;	60481

(30) The enterprise zone credits under section 5709.65 of the	60482
Revised Code;	60483

(31) The research and development credit under section	60484
5747.331 of the Revised Code;	60485

(32) The refundable credit for rehabilitating a historic	60486
building under section 5747.76 of the Revised Code;	60487

(33) The refundable jobs creation credit under division (A)	60488
of section 5747.058 of the Revised Code;	60489

(34) The refundable credit for taxes paid by a qualifying	60490
entity granted under section 5747.059 of the Revised Code;	60491

(35) The refundable credits for taxes paid by a qualifying	60492
pass-through entity granted under division (J) of section 5747.08	60493
of the Revised Code;	60494

(36) The refundable credit for tax withheld under division	60495
(B)(1) of section 5747.062 of the Revised Code;	60496

(37) The refundable credit under section 5747.80 of the	60497
Revised Code for losses on loans made to the Ohio venture capital	60498
program under sections 150.01 to 150.10 of the Revised Code.	60499

(B) For any credit, except the credits enumerated in	60500
divisions (A)(32) to (37) of this section and the credit granted	60501
under division (I) of section 5747.08 of the Revised Code, the	60502
amount of the credit for a taxable year shall not exceed the tax	60503
due after allowing for any other credit that precedes it in the	60504
order required under this section. Any excess amount of a	60505
particular credit may be carried forward if authorized under the	60506
section creating that credit. Nothing in this chapter shall be	60507
construed to allow a taxpayer to claim, directly or indirectly, a	60508
credit more than once for a taxable year.	60509

Sec. 5748.01. As used in this chapter:

60510

(A) "School district income tax" means an income tax adopted	60511
under one of the following:	60512

(1) Former section 5748.03 of the Revised Code as it existed	60513
prior to its repeal by Amended Substitute House Bill No. 291 of	60514
the 115th general assembly;	60515

(2) Section 5748.03 of the Revised Code as enacted in	60516
Substitute Senate Bill No. 28 of the 118th general assembly;	60517

(3) Section 5748.08 of the Revised Code as enacted in Amended	60518
Substitute Senate Bill No. 17 of the 122nd general assembly;	60519

(4) Section 5748.021 of the Revised Code;

60520

(5) Section 5748.081 of the Revised Code.

60521

(B) "Individual" means an individual subject to the tax	60522
levied by section 5747.02 of the Revised Code.	60523

(C) "Estate" means an estate subject to the tax levied by	60524
section 5747.02 of the Revised Code.	60525

(D) "Taxable year" means a taxable year as defined in	60526
division (M) of section 5747.01 of the Revised Code.	60527

(E) "Taxable income" means:

60528

(1) In the case of an individual, one of the following, as	60529
specified in the resolution imposing the tax:	60530

(a) Ohio adjusted gross income for the taxable year as	60531
defined in division (A) of section 5747.01 of the Revised Code,	60532
less the exemptions provided by section 5747.02 of the Revised	60533
Code;	60534

(b) Wages, salaries, tips, and other employee compensation to	60535
the extent included in Ohio adjusted gross income as defined in	60536
section 5747.01 of the Revised Code, and net earnings from	60537
self-employment, as defined in section 1402(a) of the Internal	60538
Revenue Code, to the extent included in Ohio adjusted gross	60539
income.	60540

(2) In the case of an estate, taxable income for the taxable	60541
year as defined in division (S) of section 5747.01 of the Revised	60542
Code.	60543

(F) "Resident" of the school district means:

60544

(1) An individual who is a resident of this state as defined	60545
in division (I) of section 5747.01 of the Revised Code during all	60546
or a portion of the taxable year and who, during all or a portion	60547
of such period of state residency, is domiciled in the school	60548
district or lives in and maintains a permanent place of abode in	60549
the school district;	60550

(2) An estate of a decedent who, at the time of death, was	60551
domiciled in the school district.	60552

(G) "School district income" means:

60553

(1) With respect to an individual, the portion of the taxable	60554
income of an individual that is received by the individual during	60555
the portion of the taxable year that the individual is a resident	60556
of the school district and the school district income tax is in	60557
effect in that school district. An individual may have school	60558
district income with respect to more than one school district.	60559

(2) With respect to an estate, the taxable income of the	60560
estate for the portion of the taxable year that the school	60561
district income tax is in effect in that school district.	60562

(H) "Taxpayer" means an individual or estate having school	60563
district income upon which a school district income tax is	60564
imposed.	60565

(I) "School district purposes" means any of the purposes for	60566
which a tax may be levied pursuant to section 5705.21 of the	60567
Revised Code, including the combined purposes authorized by	60568
section 5705.217 of the Revised Code.	60569

Sec. 5748.02. (A) The board of education of any school	60570
district, except a joint vocational school district, may declare,	60571
by resolution, the necessity of raising annually a specified	60572
amount of money for school district purposes. The resolution shall	60573
specify whether the income that is to be subject to the tax is	60574
taxable income of individuals and estates as defined in divisions	60575
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	60576
taxable income of individuals as defined in division (E)(1)(b) of	60577
that section. A copy of the resolution shall be certified to the	60578
tax commissioner no later than eighty-five days prior to the date	60579
of the election at which the board intends to propose a levy under	60580
this section. Upon receipt of the copy of the resolution, the tax	60581
commissioner shall estimate both of the following:	60582

(1) The property tax rate that would have to be imposed in	60583
the current year by the district to produce an equivalent amount	60584
of money;	60585

(2) The income tax rate that would have had to have been in	60586
effect for the current year to produce an equivalent amount of	60587
money from a school district income tax.	60588

Within ten days of receiving the copy of the board's	60589
resolution, the commissioner shall prepare these estimates and	60590
certify them to the board. Upon receipt of the certification, the	60591
board may adopt a resolution proposing an income tax under	60592
division (B) of this section at the estimated rate contained in	60593
the certification rounded to the nearest one-fourth of one per	60594
cent. The commissioner's certification applies only to the board's	60595
proposal to levy an income tax at the election for which the board	60596
requested the certification. If the board intends to submit a	60597
proposal to levy an income tax at any other election, it shall	60598
request another certification for that election in the manner	60599
prescribed in this division.	60600

(B)(1) Upon the receipt of a certification from the tax	60601
commissioner under division (A) of this section, a majority of the	60602
members of a board of education may adopt a resolution proposing	60603
the levy of an annual tax for school district purposes on school	60604
district income. The proposed levy may be for a continuing period	60605
of time or for a specified number of years. The resolution shall	60606
set forth the purpose for which the tax is to be imposed, the rate	60607
of the tax, which shall be the rate set forth in the	60608
commissioner's certification rounded to the nearest one-fourth of	60609
one per cent, the number of years the tax will be levied or that	60610
it will be levied for a continuing period of time, the date on	60611
which the tax shall take effect, which shall be the first day of	60612
January of any year following the year in which the question is	60613
submitted, and the date of the election at which the proposal	60614
shall be submitted to the electors of the district, which shall be	60615
on the date of a primary, general, or special election the date of	60616
which is consistent with section 3501.01 of the Revised Code. The	60617
resolution shall specify whether the income that is to be subject	60618
to the tax is taxable income of individuals and estates as defined	60619
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	60620
Code or taxable income of individuals as defined in division	60621
(E)(1)(b) of that section. The specification shall be the same as	60622
the specification in the resolution adopted and certified under	60623
division (A) of this section. If	60624

If the tax is to be levied for current expenses and permanent	60625
improvements, the resolution shall apportion the annual rate of	60626
the tax. The apportionment may be the same or different for each	60627
year the tax is levied, but the respective portions of the rate	60628
actually levied each year for current expenses and for permanent	60629
improvements shall be limited by the apportionment.	60630

If the board of education currently imposes an income tax	60631
pursuant to this chapter that is due to expire and a question is	60632
submitted under this section for a proposed income tax to take	60633
effect upon the expiration of the existing tax, the board may	60634
specify in the resolution that the proposed tax renews the	60635
expiring tax and is not an additional income tax, provided that	60636
the tax rate being proposed is no higher than the tax rate that is	60637
currently imposed.	60638

(2) A board of education adopting a resolution under division	60639
(B)(1) of this section proposing a school district income tax for	60640
a continuing period of time and limited to the purpose of current	60641
expenses may propose in that resolution to reduce the rate or	60642
rates of one or more of the school district's property taxes	60643
levied for a continuing period of time in excess of the ten-mill	60644
limitation for the purpose of current expenses. The reduction in	60645
the rate of a property tax may be any amount, expressed in mills	60646
per one dollar in valuation, not exceeding the rate at which the	60647
tax is authorized to be levied. The reduction in the rate of a tax	60648
shall first take effect for the tax year that includes the day on	60649
which the school district income tax first takes effect, and shall	60650
continue for each tax year that both the school district income	60651
tax and the property tax levy are in effect.	60652

In addition to the matters required to be set forth in the	60653
resolution under division (B)(1) of this section, a resolution	60654
containing a proposal to reduce the rate of one or more property	60655
taxes shall state for each such tax the maximum rate at which it	60656
currently may be levied and the maximum rate at which the tax	60657
could be levied after the proposed reduction, expressed in mills	60658
per one dollar in valuation, and that the tax is levied for a	60659
continuing period of time.	60660

If a board of education proposes to reduce the rate of one or	60661
more property taxes under division (B)(2) of this section, the	60662
board, when it makes the certification required under division (A)	60663
of this section, shall designate the specific levy or levies to be	60664
reduced, the maximum rate at which each levy currently is	60665
authorized to be levied, and the rate by which each levy is	60666
proposed to be reduced. The tax commissioner, when making the	60667
certification to the board under division (A) of this section,	60668
also shall certify the reduction in the total effective tax rate	60669
for current expenses for each class of property that would have	60670
resulted if the proposed reduction in the rate or rates had been	60671
in effect the previous tax year. As used in this paragraph,	60672
"effective tax rate" has the same meaning as in section 323.08 of	60673
the Revised Code.	60674

(C) A resolution adopted under division (B) of this section	60675
shall go into immediate effect upon its passage, and no	60676
publication of the resolution shall be necessary other than that	60677
provided for in the notice of election. Immediately after its	60678
adoption and at least seventy-five days prior to the election at	60679
which the question will appear on the ballot, a copy of the	60680
resolution shall be certified to the board of elections of the	60681
proper county, which shall submit the proposal to the electors on	60682
the date specified in the resolution. The form of the ballot shall	60683
be as provided in section 5748.03 of the Revised Code. Publication	60684
of notice of the election shall be made in one or more newspapers	60685
of general circulation in the county once a week for two	60686
consecutive weeks prior to the election, and, if the board of	60687
elections operates and maintains a web site, the board of	60688
elections shall post notice of the election on its web site for	60689
thirty days prior to the election. The notice shall contain the	60690
time and place of the election and the question to be submitted to	60691
the electors. The question covered by the resolution shall be	60692
submitted as a separate proposition, but may be printed on the	60693
same ballot with any other proposition submitted at the same	60694
election, other than the election of officers.	60695

(D) ~~No board of education shall submit~~The submission to the	60696
electors of the school district of the question of a tax on school	60697
district income ~~to the electors of the district more than twice in~~	60698
under this section is subject to the limitation under section	60699
5705.214 of the Revised Code on the number of elections that may	60700
be held during any calendar year. ~~If a board submits the question~~	60701
~~twice in any calendar year, one of the elections on the question~~	60702
~~shall be held on the date of the general election.~~	60703

(E)(1) No board of education may submit to the electors of	60704
the district the question of a tax on school district income on	60705
the taxable income of individuals as defined in division (E)(1)(b)	60706
of section 5748.01 of the Revised Code if that tax would be in	60707
addition to an existing tax on the taxable income of individuals	60708
and estates as defined in divisions (E)(1)(a) and (2) of that	60709
section.	60710

(2) No board of education may submit to the electors of the	60711
district the question of a tax on school district income on the	60712
taxable income of individuals and estates as defined in divisions	60713
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	60714
tax would be in addition to an existing tax on the taxable income	60715
of individuals as defined in division (E)(1)(b) of that section.	60716

Sec. 5748.021. A board of education that levies a tax under	60717
section 5748.02 of the Revised Code on the school district income	60718
of individuals and estates as defined in divisions (G) and	60719
(E)(1)(a) and (2) of section 5748.01 of the Revised Code may	60720
declare, at any time, by a resolution adopted by a majority of its	60721
members, the necessity of raising annually a specified amount of	60722
money for school district purposes by replacing the existing tax	60723
with a tax on the school district income of individuals as defined	60724
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	60725
Revised Code. The specified amount of money to be raised annually	60726
may be the same as, or more or less than, the amount of money	60727
raised annually by the existing tax.	60728

The board shall certify a copy of the resolution to the tax	60729
commissioner not later than the eighty-fifth day before the date	60730
of the election at which the board intends to propose the	60731
replacement to the electors of the school district. Not later than	60732
the tenth day after receiving the resolution, the tax commissioner	60733
shall estimate the tax rate that would be required in the school	60734
district annually to raise the amount of money specified in the	60735
resolution. The tax commissioner shall certify the estimate to the	60736
board.	60737

Upon receipt of the tax commissioner's estimate, the board	60738
may propose, by a resolution adopted by a majority of its members,	60739
to replace the existing tax on the school district income of	60740
individuals and estates as defined in divisions (G) and (E)(1)(a)	60741
and (2) of section 5748.01 of the Revised Code with the levy of an	60742
annual tax on the school district income of individuals as defined	60743
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	60744
Revised Code. In the resolution, the board shall specify the rate	60745
of the replacement tax, whether the replacement tax is to be	60746
levied for a specified number of years or for a continuing time,	60747
the specific school district purposes for which the replacement	60748
tax is to be levied, the date on which the replacement tax will	60749
begin to be levied, the date of the election at which the question	60750
of the replacement is to be submitted to the electors of the	60751
school district, that the existing tax will cease to be levied and	60752
the replacement tax will begin to be levied if the replacement is	60753
approved by a majority of the electors voting on the replacement,	60754
and that if the replacement is not approved by a majority of the	60755
electors voting on the replacement the existing tax will remain in	60756
effect under its original authority for the remainder of its	60757
previously approved term. The resolution goes into immediate	60758
effect upon its adoption. Publication of the resolution is not	60759
necessary, and the information that will be provided in the notice	60760
of election is sufficient notice. At least seventy-five days	60761
before the date of the election at which the question of the	60762
replacement will be submitted to the electors of the school	60763
district, the board shall certify a copy of the resolution to the	60764
board of elections.	60765

The replacement tax shall have the same specific school	60766
district purposes as the existing tax, and its rate shall be the	60767
same as the tax commissioner's estimate rounded to the nearest	60768
one-fourth of one per cent. The replacement tax shall begin to be	60769
levied on the first day of January of the year following the year	60770
in which the question of the replacement is submitted to and	60771
approved by the electors of the school district or on the first	60772
day of January of a later year, as specified in the resolution.	60773
The date of the election shall be the date of an otherwise	60774
scheduled primary, general, or special election.	60775

The board of elections shall make arrangements to submit the	60776
question of the replacement to the electors of the school district	60777
on the date specified in the resolution. The board of elections	60778
shall publish notice of the election on the question of the	60779
replacement in one or more newspapers of general circulation in	60780
the school district once a week for four consecutive weeks. The	60781
notice shall set forth the question to be submitted to the	60782
electors and the time and place of the election thereon.	60783

The question shall be submitted to the electors of the school	60784
district as a separate proposition, but may be printed on the same	60785
ballot with other propositions that are submitted at the same	60786
election, other than the election of officers. The form of the	60787
ballot shall be substantially as follows:	60788

"Shall the existing tax of ..... (state the rate) on the	60789
school district income of individuals and estates imposed by .....	60790
(state the name of the school district) be replaced by a tax of	60791
..... (state the rate) on the earned income of individuals	60792
residing in the school district for ..... (state the number of	60793
years the tax is to be in effect or that it will be in effect for	60794
a continuing time), beginning ..... (state the date the new tax	60795
will take effect), for the purpose of ..... (state the specific	60796
school district purposes of the tax)? If the new tax is not	60797
approved, the existing tax will remain in effect under its	60798
original authority, for the remainder of its previously approved	60799
term.	60800

		For replacing the existing tax with the new tax			60801
		Against replacing the existing tax with the new tax	"		60802

The board of elections shall conduct and canvass the election	60803
in the same manner as regular elections in the school district for	60804
the election of county officers. The board shall certify the	60805
results of the election to the board of education and to the tax	60806
commissioner. If a majority of the electors voting on the question	60807
vote in favor of the replacement, the existing tax shall cease to	60808
be levied, and the replacement tax shall begin to be levied, on	60809
the date specified in the ballot question. If a majority of the	60810
electors voting on the question vote against the replacement, the	60811
existing tax shall continue to be levied under its original	60812
authority, for the remainder of its previously approved term.	60813

~~A board of education may not submit~~The submission to the	60814
electors of the school district of the question of replacing a tax	60815
~~more than twice in a~~under this section is subject to the	60816
limitation under section 5705.214 of the Revised Code on the	60817
number of elections that may be held during any calendar year. If	60818
~~a board submits the question more than once, one of the elections~~	60819
~~at which the question is submitted shall be on the date of a~~	60820
~~general election.~~	60821

If a board of education later intends to renew a replacement	60822
tax levied under this section, it shall repeat the procedure	60823
outlined in this section to do so, the replacement tax then being	60824
levied being the "existing tax" and the renewed replacement tax	60825
being the "replacement tax."	60826

Sec. 5748.022. A majority of the members of a board of	60827
education of a school district levying a tax under section 5748.02	60828
of the Revised Code may adopt a resolution reducing the rate of	60829
the tax by a multiple of one-fourth of one per cent.	60830

The resolution shall set forth the current rate of the tax,	60831
the reduced rate of tax that results from adoption of the	60832
resolution, the purpose or purposes for which the tax is levied,	60833
the remaining number of years the tax will be levied or that it is	60834
levied for a continuing period of time, and the date on which the	60835
reduced tax rate shall take effect, which shall be the ensuing	60836
first day of January occurring at least sixty days after a copy of	60837
the resolution is certified to the tax commissioner.	60838

Sec. 5749.02. (A) For the purpose of providing revenue to	60839
administer the state's coal mining and reclamation regulatory	60840
program, to meet the environmental and resource management needs	60841
of this state, and to reclaim land affected by mining, an excise	60842
tax is hereby levied on the privilege of engaging in the severance	60843
of natural resources from the soil or water of this state. The tax	60844
shall be imposed upon the severer and shall be:	60845

(1) Ten cents per ton of coal;

60846

(2) Four cents per ton of salt;

60847

(3) Two cents per ton of limestone or dolomite;

60848

(4) Two cents per ton of sand and gravel;

60849

(5) Ten cents per barrel of oil;

60850

(6) Two and one-half cents per thousand cubic feet of natural	60851
gas;	60852

(7) One cent per ton of clay, sandstone or conglomerate,	60853
shale, gypsum, or quartzite;	60854

(8) Except as otherwise provided in this division or in rules	60855
adopted by the reclamation forfeiture fund advisory board under	60856
section 1513.182 of the Revised Code, an additional fourteen cents	60857
per ton of coal produced from an area under a coal mining and	60858
reclamation permit issued under Chapter 1513. of the Revised Code	60859
for which the performance security is provided under division	60860
(C)(2) of section 1513.08 of the Revised Code. IfBeginning July	60861
1, 2007, if at the end of a fiscal biennium the balance of the	60862
reclamation forfeiture fund created in section 1513.18 of the	60863
Revised Code is equal to or greater than ten million dollars, the	60864
rate levied shall be twelve cents per ton. IfBeginning July 1,	60865
2007, if at the end of a fiscal biennium the balance of the fund	60866
is at least five million dollars, but less than ten million	60867
dollars, the rate levied shall be fourteen cents per ton. If	60868
Beginning July 1, 2007, if at the end of a fiscal biennium the	60869
balance of the fund is less than five million dollars, the rate	60870
levied shall be sixteen cents per ton. ~~Not~~Beginning July 1, 2009,	60871
not later than thirty days after the close of a fiscal biennium,	60872
the chief of the division of mineral resources management shall	60873
certify to the tax commissioner the amount of the balance of the	60874
reclamation forfeiture fund as of the close of the fiscal	60875
biennium. Any necessary adjustment of the rate levied shall take	60876
effect on the first day of the following January and shall remain	60877
in effect during the calendar biennium that begins on that date.	60878

(9) An additional one and two-tenths cents per ton of coal	60879
mined by surface mining methods.	60880

(B) Of the moneys received by the treasurer of state from the	60881
tax levied in division (A)(1) of this section, four and	60882
seventy-six-hundredths per cent shall be credited to the	60883
geological mapping fund created in section 1505.09 of the Revised	60884
Code, eighty and ninety-five-hundredths per cent shall be credited	60885
to the coal mining administration and reclamation reserve fund	60886
created in section 1513.181 of the Revised Code, and fourteen and	60887
twenty-nine-hundredths per cent shall be credited to the	60888
unreclaimed lands fund created in section 1513.30 of the Revised	60889
Code.	60890

Fifteen per cent of the moneys received by the treasurer of	60891
state from the tax levied in division (A)(2) of this section shall	60892
be credited to the geological mapping fund and the remainder shall	60893
be credited to the unreclaimed lands fund.	60894

Of the moneys received by the treasurer of state from the tax	60895
levied in divisions (A)(3) and (4) of this section, seven and	60896
five-tenths per cent shall be credited to the geological mapping	60897
fund, forty-two and five-tenths per cent shall be credited to the	60898
unreclaimed lands fund, and the remainder shall be credited to the	60899
surface mining fund created in section 1514.06 of the Revised	60900
Code.	60901

Of the moneys received by the treasurer of state from the tax	60902
levied in divisions (A)(5) and (6) of this section, ninety per	60903
cent shall be credited to the oil and gas well fund created in	60904
section 1509.02 of the Revised Code and ten per cent shall be	60905
credited to the geological mapping fund. All of the moneys	60906
received by the treasurer of state from the tax levied in division	60907
(A)(7) of this section shall be credited to the surface mining	60908
fund.	60909

All of the moneys received by the treasurer of state from the	60910
tax levied in division (A)(8) of this section shall be credited to	60911
the reclamation forfeiture fund.	60912

All of the moneys received by the treasurer of state from the	60913
tax levied in division (A)(9) of this section shall be credited to	60914
the unreclaimed lands fund.	60915

(C) When, at the close of any fiscal year, the chief finds	60916
that the balance of the reclamation forfeiture fund, plus	60917
estimated transfers to it from the coal mining administration and	60918
reclamation reserve fund under section 1513.181 of the Revised	60919
Code, plus the estimated revenues from the tax levied by division	60920
(A)(8) of this section for the remainder of the calendar year that	60921
includes the close of the fiscal year, are sufficient to complete	60922
the reclamation of lands for which the performance security has	60923
been provided under division (C)(2) of section 1513.08 of the	60924
Revised Code, the purposes for which the tax under division (A)(8)	60925
of this section is levied shall be deemed accomplished at the end	60926
of that calendar year. The chief, within thirty days after the	60927
close of the fiscal year, shall certify those findings to the tax	60928
commissioner, and the tax levied under division (A)(8) of this	60929
section shall cease to be imposed after the last day of that	60930
calendar year on coal produced under a coal mining and reclamation	60931
permit issued under Chapter 1513. of the Revised Code if the	60932
permittee has made tax payments under division (A)(8) of this	60933
section during each of the preceding five full calendar years. Not	60934
later than thirty days after the close of a fiscal year, the chief	60935
shall certify to the tax commissioner the identity of any	60936
permittees who accordingly no longer are required to pay the tax	60937
levied under division (A)(8) of this section.	60938

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	60939
the Revised Code:	60940

(1) "School district," "joint vocational school district,"	60941
"local taxing unit," ~~"state education aid,"~~ "recognized	60942
valuation," "fixed-rate levy," and "fixed-sum levy" have the same	60943
meanings as used in section 5727.84 of the Revised Code.	60944

(2) "State education aid" for a school district means the sum	60945
of state aid amounts computed for the district under division (A)	60946
of section 3317.022 of the Revised Code, including the amounts	60947
calculated under sections 3317.029 and 3317.0217 of the Revised	60948
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section	60949
3317.022; divisions (B), (C), and (D) of section 3317.023;	60950
divisions (L) and (N) of section 3317.024; section 3317.0216; and	60951
any unit payments for gifted student services paid under sections	60952
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	60953
for fiscal years 2008 and 2009, the amount computed for the	60954
district under Section 269.20.80 of H.B. 119 of the 127th general	60955
assembly and as that section subsequently may be amended shall be	60956
substituted for the amount computed under division (D) of section	60957
3317.022 of the Revised Code, and the amount computed under	60958
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	60959
that section subsequently may be amended shall be included.	60960

(3) "State education aid" for a joint vocational school	60961
district means the sum of the state aid computed for the district	60962
under division (N) of section 3317.024 and section 3317.16 of the	60963
Revised Code, except that, for fiscal years 2008 and 2009, the	60964
amount computed under Section 269.30.80 of H.B. 119 of the 127th	60965
general assembly and as that section subsequently may be amended	60966
shall be included.	60967

(4) "State education aid offset" means the amount determined	60968
for each school district or joint vocational school district under	60969
division (A)(1) of section 5751.21 of the Revised Code.	60970

~~(3)~~(5) "Machinery and equipment property tax value loss"	60971
means the amount determined under division (C)(1) of this section.	60972

~~(4)~~(6) "Inventory property tax value loss" means the amount	60973
determined under division (C)(2) of this section.	60974

~~(5)~~(7) "Furniture and fixtures property tax value loss" means	60975
the amount determined under division (C)(3) of this section.	60976

~~(6)~~(8) "Machinery and equipment fixed-rate levy loss" means	60977
the amount determined under division (D)(1) of this section.	60978

~~(7)~~(9) "Inventory fixed-rate levy loss" means the amount	60979
determined under division (D)(2) of this section.	60980

~~(8)~~(10) "Furniture and fixtures fixed-rate levy loss" means	60981
the amount determined under division (D)(3) of this section.	60982

~~(9)~~(11) "Total fixed-rate levy loss" means the sum of the	60983
machinery and equipment fixed-rate levy loss, the inventory	60984
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	60985
loss, and the telephone company fixed-rate levy loss.	60986

~~(10)~~(12) "Fixed-sum levy loss" means the amount determined	60987
under division (E) of this section.	60988

~~(11)~~(13) "Machinery and equipment" means personal property	60989
subject to the assessment rate specified in division (F) of	60990
section 5711.22 of the Revised Code.	60991

~~(12)~~(14) "Inventory" means personal property subject to the	60992
assessment rate specified in division (E) of section 5711.22 of	60993
the Revised Code.	60994

~~(13)~~(15) "Furniture and fixtures" means personal property	60995
subject to the assessment rate specified in division (G) of	60996
section 5711.22 of the Revised Code.	60997

~~(14)~~(16) "Qualifying levies" are levies in effect for tax	60998
year 2004 or applicable to tax year 2005 or approved at an	60999
election conducted before September 1, 2005. For the purpose of	61000
determining the rate of a qualifying levy authorized by section	61001
5705.212 or 5705.213 of the Revised Code, the rate shall be the	61002
rate that would be in effect for tax year 2010.	61003

~~(15)~~(17) "Telephone property" means tangible personal	61004
property of a telephone, telegraph, or interexchange	61005
telecommunications company subject to an assessment rate specified	61006
in section 5727.111 of the Revised Code in tax year 2004.	61007

~~(16)~~(18) "Telephone property tax value loss" means the amount	61008
determined under division (C)(4) of this section.	61009

~~(17)~~(19) "Telephone property fixed-rate levy loss" means the	61010
amount determined under division (D)(4) of this section.	61011

(B) The commercial activities tax receipts fund is hereby	61012
created in the state treasury and shall consist of money arising	61013
from the tax imposed under this chapter. All money in that fund	61014
shall be credited for each fiscal year in the following	61015
percentages to the general revenue fund, to the school district	61016
tangible property tax replacement fund, which is hereby created in	61017
the state treasury for the purpose of making the payments	61018
described in section 5751.21 of the Revised Code, and to the local	61019
government tangible property tax replacement fund, which is hereby	61020
created in the state treasury for the purpose of making the	61021
payments described in section 5751.22 of the Revised Code, in the	61022
following percentages:	61023

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	61024
2006	67.7%	22.6%	9.7%	61025
2007	0%	70.0%	30.0%	61026
2008	0%	70.0%	30.0%	61027
2009	0%	70.0%	30.0%	61028
2010	0%	70.0%	30.0%	61029
2011	0%	70.0%	30.0%	61030
2012	5.3%	70.0%	24.7%	61031
2013	~~19.4~~ 10.6%	70.0%	~~10.6~~ 19.4%	61032
2014	14.1%	70.0%	15.9%	61033
2015	17.6%	70.0%	12.4%	61034
2016	21.1%	70.0%	8.9%	61035
2017	24.6%	70.0%	5.4%	61036
2018	28.1%	70.0%	1.9%	61037
2019 and thereafter	~~100%~~ 30%	0% 70%	0%	61038

(C) Not later than September 15, 2005, the tax commissioner	61039
shall determine for each school district, joint vocational school	61040
district, and local taxing unit its machinery and equipment,	61041
inventory property, furniture and fixtures property, and telephone	61042
property tax value losses, which are the applicable amounts	61043
described in divisions (C)(1), (2), (3), and (4) of this section,	61044
except as provided in division (C)(5) of this section:	61045

(1) Machinery and equipment property tax value loss is the	61046
taxable value of machinery and equipment property as reported by	61047
taxpayers for tax year 2004 multiplied by:	61048

(a) For tax year 2006, thirty-three and eight-tenths per	61049
cent;	61050

(b) For tax year 2007, sixty-one and three-tenths per cent;

61051

61052

(d) For tax year 2009 and thereafter, one hundred per cent.

61053

(2) Inventory property tax value loss is the taxable value of	61054
inventory property as reported by taxpayers for tax year 2004	61055
multiplied by:	61056

(a) For tax year 2006, a fraction, the numerator of which is	61057
five and three-fourths and the denominator of which is	61058
twenty-three;	61059

(b) For tax year 2007, a fraction, the numerator of which is	61060
nine and one-half and the denominator of which is twenty-three;	61061

(c) For tax year 2008, a fraction, the numerator of which is	61062
thirteen and one-fourth and the denominator of which is	61063
twenty-three;	61064

(d) For tax year 2009 and thereafter a fraction, the	61065
numerator of which is seventeen and the denominator of which is	61066
twenty-three.	61067

(3) Furniture and fixtures property tax value loss is the	61068
taxable value of furniture and fixture property as reported by	61069
taxpayers for tax year 2004 multiplied by:	61070

(a) For tax year 2006, twenty-five per cent;

61071

(b) For tax year 2007, fifty per cent;

61072

61073

(d) For tax year 2009 and thereafter, one hundred per cent.

61074

The taxable value of property reported by taxpayers used in	61075
divisions (C)(1), (2), and (3) of this section shall be such	61076
values as determined to be final by the tax commissioner as of	61077
August 31, 2005. Such determinations shall be final except for any	61078
correction of a clerical error that was made prior to August 31,	61079
2005, by the tax commissioner.	61080

(4) Telephone property tax value loss is the taxable value of	61081
telephone property as taxpayers would have reported that property	61082
for tax year 2004 if the assessment rate for all telephone	61083
property for that year were twenty-five per cent, multiplied by:	61084

(a) For tax year 2006, zero per cent;

61085

(b) For tax year 2007, zero per cent;

61086

61087

(d) For tax year 2009, sixty per cent;

61088

(e) For tax year 2010, eighty per cent;

61089

(f) For tax year 2011 and thereafter, one hundred per cent.

61090

(5) Division (C)(5) of this section applies to any school	61091
district, joint vocational school district, or local taxing unit	61092
in a county in which is located a facility currently or formerly	61093
devoted to the enrichment or commercialization of uranium or	61094
uranium products, and for which the total taxable value of	61095
property listed on the general tax list of personal property for	61096
any tax year from tax year 2001 to tax year 2004 was fifty per	61097
cent or less of the taxable value of such property listed on the	61098
general tax list of personal property for the next preceding tax	61099
year.	61100

In computing the fixed-rate levy losses under divisions	61101
(D)(1), (2), and (3) of this section for any school district,	61102
joint vocational school district, or local taxing unit to which	61103
division (C)(5) of this section applies, the taxable value of such	61104
property as listed on the general tax list of personal property	61105
for tax year 2000 shall be substituted for the taxable value of	61106
such property as reported by taxpayers for tax year 2004, in the	61107
taxing district containing the uranium facility, if the taxable	61108
value listed for tax year 2000 is greater than the taxable value	61109
reported by taxpayers for tax year 2004. For the purpose of making	61110
the computations under divisions (D)(1), (2), and (3) of this	61111
section, the tax year 2000 valuation is to be allocated to	61112
machinery and equipment, inventory, and furniture and fixtures	61113
property in the same proportions as the tax year 2004 values. For	61114
the purpose of the calculations in division (A) of section 5751.21	61115
of the Revised Code, the tax year 2004 taxable values shall be	61116
used.	61117

To facilitate the calculations required under division (C) of	61118
this section, the county auditor, upon request from the tax	61119
commissioner, shall provide by August 1, 2005, the values of	61120
machinery and equipment, inventory, and furniture and fixtures for	61121
all single-county personal property taxpayers for tax year 2004.	61122

(D) Not later than September 15, 2005, the tax commissioner	61123
shall determine for each tax year from 2006 through 2009 for each	61124
school district, joint vocational school district, and local	61125
taxing unit its machinery and equipment, inventory, and furniture	61126
and fixtures fixed-rate levy losses, and for each tax year from	61127
2006 through 2011 its telephone property fixed-rate levy loss,	61128
which are the applicable amounts described in divisions (D)(1),	61129
(2), (3), and (4) of this section:	61130

(1) The machinery and equipment fixed-rate levy loss is the	61131
machinery and equipment property tax value loss multiplied by the	61132
sum of the tax rates of fixed-rate qualifying levies.	61133

(2) The inventory fixed-rate loss is the inventory property	61134
tax value loss multiplied by the sum of the tax rates of	61135
fixed-rate qualifying levies.	61136

(3) The furniture and fixtures fixed-rate levy loss is the	61137
furniture and fixture property tax value loss multiplied by the	61138
sum of the tax rates of fixed-rate qualifying levies.	61139

(4) The telephone property fixed-rate levy loss is the	61140
telephone property tax value loss multiplied by the sum of the tax	61141
rates of fixed-rate qualifying levies.	61142

(E) Not later than September 15, 2005, the tax commissioner	61143
shall determine for each school district, joint vocational school	61144
district, and local taxing unit its fixed-sum levy loss. The	61145
fixed-sum levy loss is the amount obtained by subtracting the	61146
amount described in division (E)(2) of this section from the	61147
amount described in division (E)(1) of this section:	61148

(1) The sum of the machinery and equipment property tax value	61149
loss, the inventory property tax value loss, and the furniture and	61150
fixtures property tax value loss, and, for 2008 through 2017 the	61151
telephone property tax value loss of the district or unit	61152
multiplied by the sum of the fixed-sum tax rates of qualifying	61153
levies. For 2006 through 2010, this computation shall include all	61154
qualifying levies remaining in effect for the current tax year and	61155
any school district emergency levies that are qualifying levies	61156
not remaining in effect for the current year. For 2011 through	61157
2017 in the case of school district emergency levies and for all	61158
years after 2010 in the case of other fixed-sum levies, this	61159
computation shall include only qualifying levies remaining in	61160
effect for the current year. For purposes of this computation, a	61161
qualifying school district emergency levy remains in effect in a	61162
year after 2010 only if, for that year, the board of education	61163
levies a school district emergency levy for an annual sum at least	61164
equal to the annual sum levied by the board in tax year 2004 less	61165
the amount of the payment certified under this division for 2006.	61166

(2) The total taxable value in tax year 2004 less the sum of	61167
the machinery and equipment, inventory, furniture and fixtures,	61168
and telephone property tax value losses in each school district,	61169
joint vocational school district, and local taxing unit multiplied	61170
by one-half of one mill per dollar.	61171

(3) For the calculations in divisions (E)(1) and (2) of this	61172
section, the tax value losses are those that would be calculated	61173
for tax year 2009 under divisions (C)(1), (2), and (3) of this	61174
section and for tax year 2011 under division (C)(4) of this	61175
section.	61176

(4) To facilitate the calculation under divisions (D) and (E)	61177
of this section, not later than September 1, 2005, any school	61178
district, joint vocational school district, or local taxing unit	61179
that has a qualifying levy that was approved at an election	61180
conducted during 2005 before September 1, 2005, shall certify to	61181
the tax commissioner a copy of the county auditor's certificate of	61182
estimated property tax millage for such levy as required under	61183
division (B) of section 5705.03 of the Revised Code, which is the	61184
rate that shall be used in the calculations under such divisions.	61185

If the amount determined under division (E) of this section	61186
for any school district, joint vocational school district, or	61187
local taxing unit is greater than zero, that amount shall equal	61188
the reimbursement to be paid pursuant to division (D) of section	61189
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	61190
and the one-half of one mill that is subtracted under division	61191
(E)(2) of this section shall be apportioned among all contributing	61192
fixed-sum levies in the proportion that each levy bears to the sum	61193
of all fixed-sum levies within each school district, joint	61194
vocational school district, or local taxing unit.	61195

(F) Not later than October 1, 2005, the tax commissioner	61196
shall certify to the department of education for every school	61197
district and joint vocational school district the machinery and	61198
equipment, inventory, furniture and fixtures, and telephone	61199
property tax value losses determined under division (C) of this	61200
section, the machinery and equipment, inventory, furniture and	61201
fixtures, and telephone fixed-rate levy losses determined under	61202
division (D) of this section, and the fixed-sum levy losses	61203
calculated under division (E) of this section. The calculations	61204
under divisions (D) and (E) of this section shall separately	61205
display the levy loss for each levy eligible for reimbursement.	61206

(G) Not later than October 1, 2005, the tax commissioner	61207
shall certify the amount of the fixed-sum levy losses to the	61208
county auditor of each county in which a school district, joint	61209
vocational school district, or local taxing unit with a fixed-sum	61210
levy loss reimbursement has territory.	61211

Sec. 5751.21. (A) Not later than the ~~thirty-first~~fifteenth	61212
day of July of 2007 through 2017, the department of education	61213
shall consult with the director of budget and management and	61214
determine the following for each school district and each joint	61215
vocational school district eligible for payment under division (B)	61216
of this section:	61217

(1) The state education aid offset, which is the difference	61218
obtained by subtracting the amount described in division (A)(1)(b)	61219
of this section from the amount described in division (A)(1)(a) of	61220
this section:	61221

(a) The state education aid computed for the school district	61222
or joint vocational school district for the current fiscal year as	61223
of the ~~thirty-first~~fifteenth day of July;	61224

(b) The state education aid that would be computed for the	61225
school district or joint vocational school district for the	61226
current fiscal year as of the ~~thirty-first~~fifteenth day of July	61227
if the recognized valuation included the machinery and equipment,	61228
inventory, furniture and fixtures, and telephone property tax	61229
value losses for the school district or joint vocational school	61230
district for the second preceding tax year.	61231

(2) The greater of zero or the difference obtained by	61232
subtracting the state education aid offset determined under	61233
division (A)(1) of this section from the sum of the machinery and	61234
equipment fixed-rate levy loss, the inventory fixed-rate levy	61235
loss, furniture and fixtures fixed-rate levy loss, and telephone	61236
property fixed-rate levy loss certified under division (F) of	61237
section 5751.20 of the Revised Code for all taxing districts in	61238
each school district and joint vocational school district for the	61239
second preceding tax year.	61240

By the ~~fifth~~twentieth day of ~~August~~July of each such year,	61241
the department of education and the director of budget and	61242
management shall ~~certify~~agree upon the amount soto be determined	61243
under division (A)(1) of this section ~~to the director of budget~~	61244
~~and management~~.	61245

(B) The department of education shall pay from the school	61246
district tangible property tax replacement fund to each school	61247
district and joint vocational school district all of the following	61248
for fixed-rate levy losses certified under division (F) of section	61249
5751.20 of the Revised Code:	61250

(1) On or before May 31, 2006, one-seventh of the total	61251
fixed-rate levy loss for tax year 2006;	61252

(2) On or before August 31, 2006, and October 31, 2006,	61253
one-half of six-sevenths of the total fixed-rate levy loss for tax	61254
year 2006;	61255

(3) On or before May 31, 2007, one-seventh of the total	61256
fixed-rate levy loss for tax year 2007;	61257

(4) On or before August 31, 2007, and October 31, 2007,	61258
forty-three per cent of the amount determined under division	61259
(A)(2) of this section for fiscal year 2008, but not less than	61260
zero, plus one-half of six-sevenths of the difference between the	61261
total fixed-rate levy loss for tax year 2007 and the total	61262
fixed-rate levy loss for tax year 2006.	61263

(5) On or before May 31, 2008, fourteen per cent of the	61264
amount determined under division (A)(2) of this section for fiscal	61265
year 2008, but not less than zero, plus one-seventh of the	61266
difference between the total fixed-rate levy loss for tax year	61267
2008 and the total fixed-rate levy loss for tax year 2006.	61268

(6) On or before August 31, 2008, and October 31, 2008,	61269
forty-three per cent of the amount determined under division	61270
(A)(2) of this section for fiscal year 2009, but not less than	61271
zero, plus one-half of six-sevenths of the difference between the	61272
total fixed-rate levy loss in tax year 2008 and the total	61273
fixed-rate levy loss in tax year 2007.	61274

(7) On or before May 31, 2009, fourteen per cent of the	61275
amount determined under division (A)(2) of this section for fiscal	61276
year 2009, but not less than zero, plus one-seventh of the	61277
difference between the total fixed-rate levy loss for tax year	61278
2009 and the total fixed-rate levy loss for tax year 2007.	61279

(8) On or before August 31, 2009, and October 31, 2009,	61280
forty-three per cent of the amount determined under division	61281
(A)(2) of this section for fiscal year 2010, but not less than	61282
zero, plus one-half of six-sevenths of the difference between the	61283
total fixed-rate levy loss in tax year 2009 and the total	61284
fixed-rate levy loss in tax year 2008.	61285

(9) On or before May 31, 2010, fourteen per cent of the	61286
amount determined under division (A)(2) of this section for fiscal	61287
year 2010, but not less than zero, plus one-seventh of the	61288
difference between the total fixed-rate levy loss in tax year 2010	61289
and the total fixed-rate levy loss in tax year 2008.	61290

(10) On or before August 31, 2010, and October 31, 2010,	61291
~~one-third~~forty-three per cent of the amount determined under	61292
division (A)(2) of this section for fiscal year 2011, but not less	61293
than zero, plus one-half of six-sevenths of the difference between	61294
the telephone property fixed-rate levy loss for tax year 2010 and	61295
the telephone property fixed-rate levy loss for tax year 2009.	61296

(11) On or before May 31, 2011, fourteen per cent of the	61297
amount determined under division (A)(2) of this section for fiscal	61298
year 2011, but not less than zero, plus one-seventh of the	61299
difference between the telephone property fixed-rate levy loss for	61300
tax year 2011 and the telephone property fixed-rate levy loss for	61301
tax year 2009.	61302

(12) On or before August 31, 2011, and October 31, 2011, ~~and~~	61303
~~May 31, 2012,~~ the amount determined under division (A)(2) of this	61304
section multiplied by a fraction, the numerator of which is	61305
fourteen and the denominator of which is seventeen, but not less	61306
than zero, multiplied by ~~one-third~~forty-three per cent, plus	61307
one-half of six-sevenths of the difference between the telephone	61308
property fixed-rate levy loss for tax year 2011 and the telephone	61309
property fixed-rate levy loss for tax year 2010.	61310

(13) On or before May 31, 2012, fourteen per cent of the	61311
amount determined under division (A)(2) of this section for fiscal	61312
year 2012, multiplied by a fraction, the numerator of which is	61313
fourteen and the denominator of which is seventeen, plus	61314
one-seventh of the difference between the telephone property	61315
fixed-rate levy loss for tax year 2011 and the telephone property	61316
fixed-rate levy loss for tax year 2010.	61317

(14) On or before August 31, 2012, October 31, 2012, and May	61318
31, 2013, the amount determined under division (A)(2) of this	61319
section multiplied by a fraction, the numerator of which is eleven	61320
and the denominator of which is seventeen, but not less than zero,	61321
multiplied by one-third.	61322

(15) On or before August 31, 2013, October 31, 2013, and May	61323
31, 2014, the amount determined under division (A)(2) of this	61324
section multiplied by a fraction, the numerator of which is nine	61325
and the denominator of which is seventeen, but not less than zero,	61326
multiplied by one-third.	61327

(16) On or before August 31, 2014, October 31, 2014, and May	61328
31, 2015, the amount determined under division (A)(2) of this	61329
section multiplied by a fraction, the numerator of which is seven	61330
and the denominator of which is seventeen, but not less than zero,	61331
multiplied by one-third.	61332

(17) On or before August 31, 2015, October 31, 2015, and May	61333
31, 2016, the amount determined under division (A)(2) of this	61334
section multiplied by a fraction, the numerator of which is five	61335
and the denominator of which is seventeen, but not less than zero,	61336
multiplied by one-third.	61337

(18) On or before August 31, 2016, October 31, 2016, and May	61338
31, 2017, the amount determined under division (A)(2) of this	61339
section multiplied by a fraction, the numerator of which is three	61340
and the denominator of which is seventeen, but not less than zero,	61341
multiplied by one-third.	61342

(19) On or before August 31, 2017, October 31, 2017, and May	61343
31, 2018, the amount determined under division (A)(2) of this	61344
section multiplied by a fraction, the numerator of which is one	61345
and the denominator of which is seventeen, but not less than zero,	61346
multiplied by one-third.	61347

~~(20) After May 31, 2018, no payments shall be made under this~~	61348
~~section.~~	61349

The department of education shall report to each school	61350
district and joint vocational school district the apportionment of	61351
the payments among the school district's or joint vocational	61352
school district's funds based on the certifications under division	61353
(F) of section 5751.20 of the Revised Code.	61354

Any qualifying levy that is a fixed-rate levy that is not	61355
applicable to a tax year after 2010 does not qualify for any	61356
reimbursement after the tax year to which it is last applicable.	61357

(C) For taxes levied within the ten-mill limitation for debt	61358
purposes in tax year 2005, payments shall be made equal to one	61359
hundred per cent of the loss computed as if the tax were a	61360
fixed-rate levy, but those payments shall extend from fiscal year	61361
2006 through fiscal year 2018, as long as the qualifying levy	61362
continues to be used for debt purposes. If the purpose of such a	61363
qualifying levy is changed, that levy becomes subject to the	61364
payments determined in division (B) of this section.	61365

(D)(1) Not later than January 1, 2006, for each fixed-sum	61366
levy of each school district or joint vocational school district	61367
and for each year for which a determination is made under division	61368
(F) of section 5751.20 of the Revised Code that a fixed-sum levy	61369
loss is to be reimbursed, the tax commissioner shall certify to	61370
the department of education the fixed-sum levy loss determined	61371
under that division. The certification shall cover a time period	61372
sufficient to include all fixed-sum levies for which the	61373
commissioner made such a determination. The department shall pay	61374
from the school district property tax replacement fund to the	61375
school district or joint vocational school district one-third of	61376
the fixed-sum levy loss so certified for each year on or before	61377
the last day of May, August, and October of the current year.	61378

(2) Beginning in 2006, by the first day of January of each	61379
year, the tax commissioner shall review the certification	61380
originally made under division (D)(1) of this section. If the	61381
commissioner determines that a debt levy that had been scheduled	61382
to be reimbursed in the current year has expired, a revised	61383
certification for that and all subsequent years shall be made to	61384
the department of education.	61385

(E) Beginning in September 2007 and through June 2018, the	61386
director of budget and management shall transfer from the school	61387
district tangible property tax replacement fund to the general	61388
revenue fund each of the following:	61389

(1) On the first day of September, ~~the lesser of~~ one-fourth	61390
of the amount ~~certified~~determined for that fiscal year under	61391
division (A)(1) of this section ~~or the balance in the school~~	61392
~~district tangible property tax replacement fund~~;	61393

(2) On the first day of December, ~~the lesser of~~ one-fourth of	61394
the amount ~~certified~~determined for that fiscal year under	61395
division (A)(1) of this section ~~or the balance in the school~~	61396
~~district tangible property tax replacement fund~~;	61397

(3) On the first day of March, ~~the lesser of~~ one-fourth of	61398
the amount ~~certified~~determined for that fiscal year under	61399
division (A)(1) of this section ~~or the balance in the school~~	61400
~~district tangible property tax replacement fund~~;	61401

(4) On the first day of June, ~~the lesser of~~ one-fourth of the	61402
amount ~~certified~~determined for that fiscal year under division	61403
(A)(1) of this section ~~or the balance in the school district~~	61404
~~tangible property tax replacement fund~~.	61405

If, when a transfer is required under division (E)(1), (2),	61406
(3), or (4) of this section, there is not sufficient money in the	61407
school district tangible property tax replacement fund to make the	61408
transfer in the required amount, the director shall transfer the	61409
balance in the fund to the general revenue fund and may make	61410
additional transfers on later dates as determined by the director	61411
in a total amount that does not exceed one-fourth of the amount	61412
determined for the fiscal year.	61413

(F) For each of the fiscal years 2006 through 2018, if the	61414
total amount in the school district tangible property tax	61415
replacement fund is insufficient to make all payments under	61416
divisions (B), (C), and (D) of this section at the times the	61417
payments are to be made, the director of budget and management	61418
shall transfer from the general revenue fund to the school	61419
district tangible property tax replacement fund the difference	61420
between the total amount to be paid and the amount in the school	61421
district tangible property tax replacement fund. For each fiscal	61422
year after 2018, at the time payments under division (D) of this	61423
section are to be made, the director of budget and management	61424
shall transfer from the general revenue fund to the school	61425
district property tax replacement fund the amount necessary to	61426
make such payments.	61427

(G)(1) On the fifteenth day of June of 2006 through 2011, the	61428
director of budget and management may transfer any balance in the	61429
school district tangible property tax replacement fund to the	61430
general revenue fund. At the end of fiscal years 2012 through	61431
2018, any balance in the school district tangible property tax	61432
replacement fund shall remain in the fund to be used in future	61433
fiscal years for school purposes.	61434

(2) In each fiscal year beginning with fiscal year 2019, all	61435
amounts credited to the school district tangible personal property	61436
tax replacement fund shall be appropriated for school purposes.	61437

(H) If all of the territory of a school district or joint	61438
vocational school district is merged with another district, or if	61439
a part of the territory of a school district or joint vocational	61440
school district is transferred to an existing or newly created	61441
district, the department of education, in consultation with the	61442
tax commissioner, shall adjust the payments made under this	61443
section as follows:	61444

(1) For a merger of two or more districts, the machinery and	61445
equipment, inventory, furniture and fixtures, and telephone	61446
property fixed-rate levy losses and the fixed-sum levy losses of	61447
the successor district shall be equal to the sum of the machinery	61448
and equipment, inventory, furniture and fixtures, and telephone	61449
property fixed-rate levy losses and debt levy losses as determined	61450
in section 5751.20 of the Revised Code, for each of the districts	61451
involved in the merger.	61452

(2) If property is transferred from one district to a	61453
previously existing district, the amount of machinery and	61454
equipment, inventory, furniture and fixtures, and telephone	61455
property tax value losses and fixed-rate levy losses that shall be	61456
transferred to the recipient district shall be an amount equal to	61457
the total machinery and equipment, inventory, furniture and	61458
fixtures, and telephone property fixed-rate levy losses times a	61459
fraction, the numerator of which is the value of business tangible	61460
personal property on the land being transferred in the most recent	61461
year for which data are available, and the denominator of which is	61462
the total value of business tangible personal property in the	61463
district from which the land is being transferred in the most	61464
recent year for which data are available. For each of the first	61465
five years after the property is transferred, but not after fiscal	61466
year 2012, if the tax rate in the recipient district is less than	61467
the tax rate of the district from which the land was transferred,	61468
one-half of the payments arising from the amount of fixed-rate	61469
levy losses so transferred to the recipient district shall be paid	61470
to the recipient district and one-half of the payments arising	61471
from the fixed-rate levy losses so transferred shall be paid to	61472
the district from which the land was transferred. Fixed-rate levy	61473
losses so transferred shall be computed on the basis of the sum of	61474
the rates of fixed-rate qualifying levies of the district from	61475
which the land was transferred, notwithstanding division (D) of	61476
this section.	61477

(3) After December 31, 2004, if property is transferred from	61478
one or more districts to a district that is newly created out of	61479
the transferred property, the newly created district shall be	61480
deemed not to have any machinery and equipment, inventory,	61481
furniture and fixtures, or telephone property fixed-rate levy	61482
losses and the districts from which the property was transferred	61483
shall have no reduction in their machinery and equipment,	61484
inventory, furniture and fixtures, and telephone property	61485
fixed-rate levy losses.	61486

(4) If the recipient district under division (H)(2) of this	61487
section or the newly created district under divisions (H)(3) of	61488
this section is assuming debt from one or more of the districts	61489
from which the property was transferred and any of the districts	61490
losing the property had fixed-sum levy losses, the department of	61491
education, in consultation with the tax commissioner, shall make	61492
an equitable division of the fixed-sum levy loss reimbursements.	61493

Sec. 5751.23. (A) As used in this section:

61494

(1) "Administrative fees" means the dollar percentages	61495
allowed by the county auditor for services or by the county	61496
treasurer as fees, or paid to the credit of the real estate	61497
assessment fund, under divisions (A) and ~~(B)~~(C) of section 319.54	61498
and division (A) of section 321.26 of the Revised Code.	61499

(2) "Administrative fee loss" means a county's loss of	61500
administrative fees due to its tax value loss, determined as	61501
follows:	61502

(a) For purposes of the determination made under division (B)	61503
of this section in the years 2006 through 2010, the administrative	61504
fee loss shall be computed by multiplying the amounts determined	61505
for all taxing districts in the county under divisions (D) and (E)	61506
of section 5751.20 of the Revised Code by nine thousand six	61507
hundred fifty-nine ten-thousandths of one per cent if total taxes	61508
collected in the county in 2004 exceeded one hundred fifty million	61509
dollars, or one and one thousand one hundred fifty-nine	61510
ten-thousandths of one per cent if total taxes collected in the	61511
county in 2004 were one hundred fifty million dollars or less;	61512

(b) For purposes of the determination under division (B) of	61513
this section in the years after 2010, the administrative fee	61514
losses shall be determined by multiplying the administrative fee	61515
losses calculated for 2010 by the fractions in divisions (A)(1)(b)	61516
to (i) of section 5751.22 of the Revised Code.	61517

(3) "Total taxes collected" means all money collected on any	61518
tax duplicate of the county, other than the estate tax duplicates.	61519
"Total taxes collected" does not include amounts received pursuant	61520
to divisions (F) and (G) of section 321.24 or section 323.156 of	61521
the Revised Code.	61522

(B) Not later than December 31, 2005, the tax commissioner	61523
shall certify to each county auditor the tax levy losses	61524
calculated under divisions (D) and (E) of section 5751.20 of the	61525
Revised Code for each school district, joint vocational school	61526
district, and local taxing unit in the county. Not later than the	61527
thirty-first day of January of 2006 through 2017, the county	61528
auditor shall determine the administrative fee loss for the county	61529
and apportion that loss ratably among the school districts, joint	61530
vocational school districts, and local taxing units on the basis	61531
of the tax levy losses certified under this division.	61532

(C) On or before each of the days prescribed for the	61533
settlements under divisions (A) and (C) of section 321.24 of the	61534
Revised Code in the years 2006 through 2017, the county treasurer	61535
shall deduct one-half of the amount apportioned to each school	61536
district, joint vocational school district, and local taxing unit	61537
from the portions of revenue payable to them.	61538

(D) On or before each of the days prescribed for settlements	61539
under divisions (A) and (C) of section 321.24 of the Revised Code	61540
in the years 2006 through 2017, the county auditor shall cause to	61541
be deposited an amount equal to one-half of the amount of the	61542
administrative fee loss in the same funds as if allowed as	61543
administrative fees.	61544

Sec. 5907.15. There is hereby created in the state treasury	61545
the Ohio veterans' homes rental,and service~~, and medicare~~	61546
~~reimbursement~~ fund. Revenue generated from temporary use	61547
agreements of a veterans' home, from the sale of meals at a home's	61548
dining halls, and from rental, lease, or sharing agreements for	61549
the use of facilities, supplies, equipment, utilities, or services	61550
provided by a home~~, and from medicare reimbursements~~ shall be	61551
credited to the fund. The fund shall be used ~~only~~ for maintenance	61552
costs of the homes and for the purchase of medications, medication	61553
services, medical supplies, and medical equipment by the homes.	61554

Sec. 5907.16. There is hereby created in the state treasury	61555
the medicare services fund. Revenue from federal reimbursement of	61556
medicare services that were provided at state veterans' homes	61557
shall be credited to the fund. The fund shall be used for paying	61558
the operating costs of the state veterans' homes.	61559

Sec. 6109.21. (A) Except as provided in divisions (D) and	61560
(E) of this section, on and after January 1, 1994, no person shall	61561
operate or maintain a public water system in this state without a	61562
license issued by the director of environmental protection. A	61563
person who operates or maintains a public water system on January	61564
1, 1994, shall obtain an initial license under this section in	61565
accordance with the following schedule:	61566

(1) If the public water system is a community water system,	61567
not later than January 31, 1994;	61568

(2) If the public water system is not a community water	61569
system and serves a nontransient population, not later than	61570
January 31, 1994;	61571

(3) If the public water system is not a community water	61572
system and serves a transient population, not later than January	61573
31, 1995.	61574

A person proposing to operate or maintain a new public water	61575
system after January 1, 1994, in addition to complying with	61576
section 6109.07 of the Revised Code and rules adopted under it,	61577
shall submit an application for an initial license under this	61578
section to the director prior to commencing operation of the	61579
system.	61580

A license or license renewal issued under this section shall	61581
be renewed annually. Such a license or license renewal shall	61582
expire on the thirtieth day of January in the year following its	61583
issuance. A license holder that proposes to continue operating the	61584
public water system for which the license or license renewal was	61585
issued shall apply for a license renewal at least thirty days	61586
prior to that expiration date.	61587

The director shall adopt, and may amend and rescind, rules in	61588
accordance with Chapter 119. of the Revised Code establishing	61589
procedures governing and information to be included on	61590
applications for licenses and license renewals under this section.	61591
Through June 30, ~~2008~~2010, each application shall be accompanied	61592
by the appropriate fee established under division (M) of section	61593
3745.11 of the Revised Code, provided that an applicant for an	61594
initial license who is proposing to operate or maintain a new	61595
public water system after January 1, 1994, shall submit a fee that	61596
equals a prorated amount of the appropriate fee established under	61597
that division for the remainder of the licensing year.	61598

(B) Not later than thirty days after receiving a completed	61599
application and the appropriate license fee for an initial license	61600
under division (A) of this section, the director shall issue the	61601
license for the public water system. Not later than thirty days	61602
after receiving a completed application and the appropriate	61603
license fee for a license renewal under division (A) of this	61604
section, the director shall do one of the following:	61605

(1) Issue the license renewal for the public water system;

61606

(2) Issue the license renewal subject to terms and conditions	61607
that the director determines are necessary to ensure compliance	61608
with this chapter and rules adopted under it;	61609

(3) Deny the license renewal if the director finds that the	61610
public water system was not operated in substantial compliance	61611
with this chapter and rules adopted under it.	61612

(C) The director may suspend or revoke a license or license	61613
renewal issued under this section if the director finds that the	61614
public water system was not operated in substantial compliance	61615
with this chapter and rules adopted under it. The director shall	61616
adopt, and may amend and rescind, rules in accordance with Chapter	61617
119. of the Revised Code governing such suspensions and	61618
revocations.	61619

(D)(1) As used in division (D) of this section, "church"	61620
means a fellowship of believers, congregation, society,	61621
corporation, convention, or association that is formed primarily	61622
or exclusively for religious purposes and that is not formed or	61623
operated for the private profit of any person.	61624

(2) This section does not apply to a church that operates or	61625
maintains a public water system solely to provide water for that	61626
church or for a campground that is owned by the church and	61627
operated primarily or exclusively for members of the church and	61628
their families. A church that, on or before March 5, 1996, has	61629
obtained a license under this section for such a public water	61630
system need not obtain a license renewal under this section.	61631

(E) This section does not apply to any public or nonpublic	61632
school that meets minimum standards of the state board of	61633
education that operates or maintains a public water system solely	61634
to provide water for that school.	61635

Sec. 6111.0381. There is hereby created in the state treasury	61636
the water quality protection fund. The fund shall consist of	61637
federal grants, including grants made pursuant to the Federal	61638
Water Pollution Control Act, and contributions made to the	61639
environmental protection agency for water quality protection and	61640
restoration. The director of environmental protection shall use	61641
money in the fund for water quality protection and restoration.	61642

Sec. 6111.04. (A) Both of the following apply except as	61643
otherwise provided in division (A) or (F) of this section:	61644

(1) No person shall cause pollution or place or cause to be	61645
placed any sewage, sludge, sludge materials, industrial waste, or	61646
other wastes in a location where they cause pollution of any	61647
waters of the state.	61648

(2) Such an action prohibited under division (A)(1) of this	61649
section is hereby declared to be a public nuisance.	61650

Divisions (A)(1) and (2) of this section do not apply if the	61651
person causing pollution or placing or causing to be placed wastes	61652
in a location in which they cause pollution of any waters of the	61653
state holds a valid, unexpired permit, or renewal of a permit,	61654
governing the causing or placement as provided in sections 6111.01	61655
to 6111.08 of the Revised Code or if the person's application for	61656
renewal of such a permit is pending.	61657

(B) If the director of environmental protection administers a	61658
sludge management program pursuant to division (S) of section	61659
6111.03 of the Revised Code, both of the following apply except as	61660
otherwise provided in division (B) or (F) of this section:	61661

(1) No person, in the course of sludge management, shall	61662
place on land located in the state or release into the air of the	61663
state any sludge or sludge materials.	61664

(2) An action prohibited under division (B)(1) of this	61665
section is hereby declared to be a public nuisance.	61666

Divisions (B)(1) and (2) of this section do not apply if the	61667
person placing or releasing the sludge or sludge materials holds a	61668
valid, unexpired permit, or renewal of a permit, governing the	61669
placement or release as provided in sections 6111.01 to 6111.08 of	61670
the Revised Code or if the person's application for renewal of	61671
such a permit is pending.	61672

(C) No person to whom a permit has been issued shall place or	61673
discharge, or cause to be placed or discharged, in any waters of	61674
the state any sewage, sludge, sludge materials, industrial waste,	61675
or other wastes in excess of the permissive discharges specified	61676
under an existing permit without first receiving a permit from the	61677
director to do so.	61678

(D) No person to whom a sludge management permit has been	61679
issued shall place on the land or release into the air of the	61680
state any sludge or sludge materials in excess of the permissive	61681
amounts specified under the existing sludge management permit	61682
without first receiving a modification of the existing sludge	61683
management permit or a new sludge management permit to do so from	61684
the director.	61685

(E) The director may require the submission of plans,	61686
specifications, and other information that the director considers	61687
relevant in connection with the issuance of permits.	61688

(F) This section does not apply to any of the following:

61689

(1) Waters used in washing sand, gravel, other aggregates, or	61690
mineral products when the washing and the ultimate disposal of the	61691
water used in the washing, including any sewage, industrial waste,	61692
or other wastes contained in the waters, are entirely confined to	61693
the land under the control of the person engaged in the recovery	61694
and processing of the sand, gravel, other aggregates, or mineral	61695
products and do not result in the pollution of waters of the	61696
state;	61697

(2) Water, gas, or other material injected into a well to	61698
facilitate, or that is incidental to, the production of oil, gas,	61699
artificial brine, or water derived in association with oil or gas	61700
production and disposed of in a well, in compliance with a permit	61701
issued under Chapter 1509. of the Revised Code, or sewage,	61702
industrial waste, or other wastes injected into a well in	61703
compliance with an injection well operating permit. Division	61704
(F)(2) of this section does not authorize, without a permit, any	61705
discharge that is prohibited by, or for which a permit is required	61706
by, regulation of the United States environmental protection	61707
agency.	61708

(3) Application of any materials to land for agricultural	61709
purposes or runoff of the materials from that application or	61710
pollution by animal waste or soil sediment, including attached	61711
substances, resulting from farming, silvicultural, or earthmoving	61712
activities regulated by Chapter 307. or 1511. of the Revised Code.	61713
Division (F)(3) of this section does not authorize, without a	61714
permit, any discharge that is prohibited by, or for which a permit	61715
is required by, the Federal Water Pollution Control Act or	61716
regulations adopted under it.	61717

(4) The excrement of domestic and farm animals defecated on	61718
land or runoff therefrom into any waters of the state. Division	61719
(F)(4) of this section does not authorize, without a permit, any	61720
discharge that is prohibited by, or for which a permit is required	61721
by, the Federal Water Pollution Control Act or regulations adopted	61722
under it.	61723

(5) On and after the date on which the United States	61724
environmental protection agency approves the NPDES program	61725
submitted by the director of agriculture under section 903.08 of	61726
the Revised Code, any discharge that is within the scope of the	61727
approved NPDES program submitted by the director of agriculture;	61728

(6) The discharge of sewage, industrial waste, or other	61729
wastes into a sewerage system tributary to a treatment works.	61730
Division (F)(6) of this section does not authorize any discharge	61731
into a publicly owned treatment works in violation of a	61732
pretreatment program applicable to the publicly owned treatment	61733
works.	61734

(7) ~~A household sewage treatment system or a small flow~~	61735
~~on-site sewage treatment system, as applicable, as defined in~~	61736
~~section 3718.01 of the Revised Code that is installed~~Septic tanks	61737
or other disposal systems for the disposal or treatment of sewage	61738
from single-family, two-family, or three-family dwellings in	61739
compliance with ~~Chapter 3718.~~the sanitary code and section	61740
3707.01 of the Revised Code ~~and rules adopted under it~~. Division	61741
(F)(7) of this section does not authorize, without a permit, any	61742
discharge that is prohibited by, or for which a permit is required	61743
by, regulation of the United States environmental protection	61744
agency.	61745

(8) Exceptional quality sludge generated outside of this	61746
state and contained in bags or other containers not greater than	61747
one hundred pounds in capacity. As used in division (F)(8) of this	61748
section, "exceptional quality sludge" has the same meaning as in	61749
division (Y) of section 3745.11 of the Revised Code.	61750

(G) The holder of a permit issued under section 402 (a) of	61751
the Federal Water Pollution Control Act need not obtain a permit	61752
for a discharge authorized by the permit until its expiration	61753
date. Except as otherwise provided in this division, the director	61754
of environmental protection shall administer and enforce those	61755
permits within this state and may modify their terms and	61756
conditions in accordance with division (J) of section 6111.03 of	61757
the Revised Code. On and after the date on which the United States	61758
environmental protection agency approves the NPDES program	61759
submitted by the director of agriculture under section 903.08 of	61760
the Revised Code, the director of agriculture shall administer and	61761
enforce those permits within this state that are issued for any	61762
discharge that is within the scope of the approved NPDES program	61763
submitted by the director of agriculture.	61764

Sec. 6111.44. (A) Except as otherwise provided in division	61765
(B) of this section, in section 6111.14 of the Revised Code, or in	61766
rules adopted under division (G) of section 6111.03 of the Revised	61767
Code, no municipal corporation, county, public institution,	61768
corporation, or officer or employee thereof or other person shall	61769
provide or install sewerage or treatment works for sewage, sludge,	61770
or sludge materials disposal or treatment or make a change in any	61771
sewerage or treatment works until the plans therefor have been	61772
submitted to and approved by the director of environmental	61773
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	61774
to sewerage and treatment works of a municipal corporation or part	61775
thereof, an unincorporated community, a county sewer district, or	61776
other land outside of a municipal corporation or any publicly or	61777
privately owned building or group of buildings or place, used for	61778
the assemblage, entertainment, recreation, education, correction,	61779
hospitalization, housing, or employment of persons.	61780

In granting an approval, the director may stipulate	61781
modifications, conditions, and rules that the public health and	61782
prevention of pollution may require. Any action taken by the	61783
director shall be a matter of public record and shall be entered	61784
in the director's journal. Each period of thirty days that a	61785
violation of this section continues, after a conviction for the	61786
violation, constitutes a separate offense.	61787

(B) Sections 6111.45 and 6111.46 of the Revised Code and	61788
division (A) of this section do not apply to any of the following:	61789

(1) Sewerage or treatment works for sewage installed or to be	61790
installed for the use of a private residence or dwelling;	61791

(2) Sewerage systems, treatment works, or disposal systems	61792
for storm water from an animal feeding facility or manure, as	61793
"animal feeding facility" and "manure" are defined in section	61794
903.01 of the Revised Code;	61795

(3) Animal waste treatment or disposal works and related	61796
management and conservation practices that are subject to rules	61797
adopted under division (E)(2) of section 1511.02 of the Revised	61798
Code;	61799

~~(4) Sewerage or treatment works for the on-lot disposal or~~	61800
~~treatment of sewage from a small flow on-site sewage treatment~~	61801
~~system, as defined in section 3718.01 of the Revised Code, if the~~	61802
~~board of health of a city or general health district has notified~~	61803
~~the director of health and the director of environmental~~	61804
~~protection under section 3718.021 of the Revised Code that the~~	61805
~~board has chosen to regulate the system, provided that the board~~	61806
~~remains in compliance with the rules adopted under division~~	61807
~~(A)(13) of section 3718.02 of the Revised Code~~.	61808

The exclusions established in divisions (B)(2) and (3) of	61809
this section do not apply to the construction or installation of	61810
disposal systems, as defined in section 6111.01 of the Revised	61811
Code, that are located at an animal feeding facility and that	61812
store, treat, or discharge wastewaters that do not include storm	61813
water or manure or that discharge to a publicly owned treatment	61814
works.	61815

Sec. 6119.06. Upon the declaration of the court of common	61816
pleas organizing the regional water and sewer district pursuant to	61817
section 6119.04 of the Revised Code and upon the qualifying of its	61818
board of trustees and the election of a president and a secretary,	61819
said district shall exercise in its own name all the rights,	61820
powers, and duties vested in it by Chapter 6119. of the Revised	61821
Code, and, subject to such reservations, limitations and	61822
qualifications as are set forth in this Chapter, such district	61823
may:	61824

(A) Adopt bylaws for the regulation of its affairs, the	61825
conduct of its business, and notice of its actions;	61826

(B) Adopt an official seal;

61827

(C) Maintain a principal office and suboffices at such places	61828
within the district as it designates;	61829

(D) Sue and plead in its own name; be sued and impleaded in	61830
its own name with respect to its contracts or torts of its	61831
members, employees, or agents acting within the scope of their	61832
employment, or to enforce its obligations and covenants made under	61833
sections 6119.09, 6119.12, and 6119.14 of the Revised Code. Any	61834
such actions against the district shall be brought in the court of	61835
common pleas of the county in which the principal office of the	61836
district is located, or in the court of common pleas of the county	61837
in which the cause of action arose, and all summonses, exceptions,	61838
and notices of every kind shall be served on the district by	61839
leaving a copy thereof at the principal office with the person in	61840
charge thereof or with the secretary of the district;.	61841

(E) Assume any liability or obligation of any person or	61842
political subdivision, including a right on the part of such	61843
district to indemnify and save harmless the other contracting	61844
party from any loss, cost, or liability by reason of the failure,	61845
refusal, neglect, or omission of such district to perform any	61846
agreement assumed by it or to act or discharge any such	61847
obligation;	61848

(F) Make loans and grants to political subdivisions for the	61849
acquisition or construction of water resource projects by such	61850
political subdivisions and adopt rules, regulations, and	61851
procedures for making such loans and grants;	61852

(G) Acquire, construct, reconstruct, enlarge, improve,	61853
furnish, equip, maintain, repair, operate, lease or rent to or	61854
from, or contract for operation by or for, a political subdivision	61855
or person, water resource projects within or without the district;	61856

(H) Make available the use or service of any water resource	61857
project to one or more persons, one or more political	61858
subdivisions, or any combination thereof;	61859

(I) Levy and collect taxes and special assessments;

61860

(J) Issue bonds and notes and refunding bonds and notes as	61861
provided in Chapter 6119. of the Revised Code;	61862

(K) Acquire by gift or purchase, hold, and dispose of real	61863
and personal property in the exercise of its powers and the	61864
performance of its duties under Chapter 6119. of the Revised Code;	61865

(L) Dispose of, by public or private sale, or lease any real	61866
or personal property determined by the board of trustees to be no	61867
longer necessary or needed for the operation or purposes of the	61868
district;	61869

(M) Acquire, in the name of the district, by purchase or	61870
otherwise, on such terms and in such manner as it considers	61871
proper, or by the exercise of the right of condemnation in the	61872
manner provided by section 6119.11 of the Revised Code, such	61873
public or private lands, including public parks, playgrounds, or	61874
reservations, or parts thereof or rights therein, rights-of-way,	61875
property, rights, easements, and interests as it considers	61876
necessary for carrying out Chapter 6119. of the Revised Code, but	61877
excluding the acquisition by the exercise of the right of	61878
condemnation of any waste water facility or water management	61879
facility owned by any person or political subdivision, and	61880
compensation shall be paid for public or private lands so taken;	61881

(N) Adopt rules and regulations to protect augmented flow by	61882
the district in waters of the state, to the extent augmented by a	61883
water resource project, from depletion so it will be available for	61884
beneficial use, to provide standards for the withdrawal from	61885
waters of the state of the augmented flow created by a water	61886
resource project which is not returned to the waters of the state	61887
so augmented, and to establish reasonable charges therefor, if	61888
considered necessary by the district;	61889

(O) Make and enter into all contracts and agreements and	61890
execute all instruments necessary or incidental to the performance	61891
of its duties and the execution of its powers under Chapter 6119.	61892
of the Revised Code;	61893

(P) Enter into contracts with any person or any political	61894
subdivision to render services to such contracting party for any	61895
service the district is authorized to provide;	61896

(Q) Enter into agreements for grants or the receipt and	61897
repayment of loans from a board of township trustees under section	61898
505.705 of the Revised Code;	61899

(R) Make provision for, contract for, or sell any of its	61900
by-products or waste;	61901

~~(R)~~(S) Exercise the power of eminent domain in the manner	61902
provided in Chapter 6119. of the Revised Code;	61903

~~(S)~~(T) Remove or change the location of any fence, building,	61904
railroad, canal, or other structure or improvement located in or	61905
out of the district, and in case it is not feasible or economical	61906
to move any such building, structure, or improvement situated in	61907
or upon lands required, and if the cost is determined by the board	61908
to be less than that of purchase or condemnation, to acquire land	61909
and construct, acquire, or install therein or thereon buildings,	61910
structures, or improvements similar in purpose, to be exchanged	61911
for such buildings, structures, or improvements under contracts	61912
entered into between the owner thereof and the district;	61913

~~(T)~~(U) Receive and accept, from any federal or state agency,	61914
grants for or in aid of the construction of any water resource	61915
project, and receive and accept aid or contributions from any	61916
source of money, property, labor, or other things of value, to be	61917
held, used, and applied only for the purposes for which such	61918
grants and contributions are made;	61919

~~(U)~~(V) Purchase fire and extended coverage and liability	61920
insurance for any water resource project and for the principal	61921
office and suboffices of the district, insurance protecting the	61922
district and its officers and employees against liability for	61923
damage to property or injury to or death of persons arising from	61924
its operations, and any other insurance the district may agree to	61925
provide under any resolution authorizing its water resource	61926
revenue bonds or in any trust agreement securing the same;	61927

~~(V)~~(W) Charge, alter, and collect rentals and other charges	61928
for the use of services of any water resource project as provided	61929
in section 6119.09 of the Revised Code. Such district may refuse	61930
the services of any of its projects if any of such rentals or	61931
other charges, including penalties for late payment, are not paid	61932
by the user thereof, and, if such rentals or other charges are not	61933
paid when due and upon certification of nonpayment to the county	61934
auditor, such rentals or other charges constitute a lien upon the	61935
property so served, shall be placed by ~~him~~the auditor upon the	61936
real property tax list and duplicate, and shall be collected in	61937
the same manner as other taxes;.	61938

~~(W)~~(X) Provide coverage for its employees under Chapters	61939
145., 4123., and 4141. of the Revised Code;	61940

~~(X)~~(Y) Merge or combine with any other regional water and	61941
sewer district into a single district, which shall be one of the	61942
constituent districts, on terms so that the surviving district	61943
shall be possessed of all rights, capacity, privileges, powers,	61944
franchises, and authority of the constituent districts and shall	61945
be subject to all the liabilities, obligations, and duties of each	61946
of the constituent districts and all rights of creditors of such	61947
constituent districts shall be preserved unimpaired, limited in	61948
lien to the property affected by such liens immediately prior to	61949
the time of the merger and all debts, liabilities, and duties of	61950
the respective constituent districts shall thereafter attach to	61951
the surviving district and may be enforced against it, and such	61952
other terms as are agreed upon, provided two-thirds of the members	61953
of each of the boards consent to such merger or combination. Such	61954
merger or combination shall become legally effective unless, prior	61955
to the ninetieth day following the later of the consents,	61956
qualified electors residing in either district equal in number to	61957
a majority of the qualified electors voting at the last general	61958
election in such district file with the secretary of the board of	61959
trustees of their regional water and sewer district a petition of	61960
remonstrance against such merger or combination. The secretary	61961
shall cause the board of elections of the proper county or	61962
counties to check the sufficiency of the signatures on such	61963
petition.	61964

~~(Y)~~(Z) Exercise the powers of the district without obtaining	61965
the consent of any other political subdivision, provided that all	61966
public or private property damaged or destroyed in carrying out	61967
the powers of the district shall be restored or repaired and	61968
placed in its original condition as nearly as practicable or	61969
adequate compensation made therefor by the district;	61970

~~(Z)~~(AA) Require the owner of any premises located within the	61971
district to connect ~~his~~the owner's premises to a water resource	61972
project determined to be accessible to such premises and found to	61973
require such connection so as to prevent or abate pollution or	61974
protect the health and property of persons in the district. Such	61975
connection shall be made in accordance with procedures established	61976
by the board of trustees of such district and pursuant to such	61977
orders as the board may find necessary to ensure and enforce	61978
compliance with such procedures;.	61979

~~(AA)~~(BB) Do all acts necessary or proper to carry out the	61980
powers granted in Chapter 6119. of the Revised Code.	61981

Sec. 6121.04. The Ohio water development authority may do	61982
any or all of the following:	61983

(A) Adopt bylaws for the regulation of its affairs and the	61984
conduct of its business;	61985

(B) Adopt an official seal;

61986

(C) Maintain a principal office and suboffices at places	61987
within the state that it designates;	61988

(D) Sue and plead in its own name and be sued and impleaded	61989
in its own name with respect to its contracts or torts of its	61990
members, employees, or agents acting within the scope of their	61991
employment, or to enforce its obligations and covenants made under	61992
sections 6121.06, 6121.08, and 6121.13 of the Revised Code. Any	61993
such actions against the authority shall be brought in the court	61994
of common pleas of the county in which the principal office of the	61995
authority is located or in the court of common pleas of the county	61996
in which the cause of action arose, provided that the county is	61997
located within this state, and all summonses, exceptions, and	61998
notices of every kind shall be served on the authority by leaving	61999
a copy thereof at the principal office with the person in charge	62000
thereof or with the secretary-treasurer of the authority.	62001

(E) Make loans and grants to governmental agencies for the	62002
acquisition or construction of water development projects by any	62003
such governmental agency and adopt rules and procedures for making	62004
such loans and grants;	62005

(F) Acquire, construct, reconstruct, enlarge, improve,	62006
furnish, equip, maintain, repair, operate, or lease or rent to, or	62007
contract for operation by, a governmental agency or person, water	62008
development projects, and establish rules for the use of those	62009
projects;	62010

(G) Make available the use or services of any water	62011
development project to one or more persons, one or more	62012
governmental agencies, or any combination thereof;	62013

(H) Issue water development revenue bonds and notes and water	62014
development revenue refunding bonds of the state, payable solely	62015
from revenues as provided in section 6121.06 of the Revised Code,	62016
unless the bonds are refunded by refunding bonds, for the purpose	62017
of paying any part of the cost of one or more water development	62018
projects or parts thereof;	62019

(I) Acquire by gift or purchase, hold, and dispose of real	62020
and personal property in the exercise of its powers and the	62021
performance of its duties under this chapter;	62022

(J) Acquire, in the name of the state, by purchase or	62023
otherwise, on terms and in the manner that it considers proper, or	62024
by the exercise of the right of condemnation in the manner	62025
provided by section 6121.18 of the Revised Code, public or private	62026
lands, including public parks, playgrounds, or reservations, or	62027
parts thereof or rights therein, rights-of-way, property, rights,	62028
easements, and interests that it considers necessary for carrying	62029
out this chapter, but excluding the acquisition by the exercise of	62030
the right of condemnation of any waste water facility or water	62031
management facility owned by any person or governmental agency,	62032
and compensation shall be paid for public or private lands so	62033
taken, except that a government-owned waste water facility may be	62034
appropriated in accordance with section 6121.041 of the Revised	62035
Code;	62036

(K) Adopt rules to protect augmented flow in waters of the	62037
state, to the extent augmented by a water development project,	62038
from depletion so it will be available for beneficial use, and to	62039
provide standards for the withdrawal from waters of the state of	62040
the augmented flow created by a water development project that is	62041
not returned to the waters of the state so augmented and to	62042
establish reasonable charges therefor if considered necessary by	62043
the authority;	62044

(L) Make and enter into all contracts and agreements and	62045
execute all instruments necessary or incidental to the performance	62046
of its duties and the execution of its powers under this chapter	62047
in accordance with the following requirements:	62048

(1) When the cost under any such contract or agreement, other	62049
than compensation for personal services, involves an expenditure	62050
of more than twenty-five thousand dollars, the authority shall	62051
make a written contract with the lowest responsive and responsible	62052
bidder, in accordance with section 9.312 of the Revised Code,	62053
after advertisement for not less than two consecutive weeks in a	62054
newspaper of general circulation in Franklin county, and in other	62055
publications that the authority determines, which shall state the	62056
general character of the work and the general character of the	62057
materials to be furnished, the place where plans and	62058
specifications therefor may be examined, and the time and place of	62059
receiving bids, provided that a contract or lease for the	62060
operation of a water development project constructed and owned by	62061
the authority or an agreement for cooperation in the acquisition	62062
or construction of a water development project pursuant to section	62063
6121.13 of the Revised Code or any contract for the construction	62064
of a water development project that is to be leased by the	62065
authority to, and operated by, persons who are not governmental	62066
agencies and the cost of the project is to be amortized	62067
exclusively from rentals or other charges paid to the authority by	62068
persons who are not governmental agencies is not subject to the	62069
foregoing requirements and the authority may enter into such a	62070
contract or lease or such an agreement pursuant to negotiation and	62071
upon terms and conditions and for the period that it finds to be	62072
reasonable and proper in the circumstances and in the best	62073
interests of proper operation or of efficient acquisition or	62074
construction of the project.	62075

(2) Each bid for a contract for the construction, demolition,	62076
alteration, repair, or reconstruction of an improvement shall	62077
contain the full name of every person interested in it and shall	62078
meet the requirements of section 153.54 of the Revised Code.	62079

(3) Each bid for a contract except as provided in division	62080
(L)(2) of this section shall contain the full name of every person	62081
or company interested in it and shall be accompanied by a	62082
sufficient bond or certified check on a solvent bank that if the	62083
bid is accepted, a contract will be entered into and the	62084
performance thereof secured.	62085

(4) The authority may reject any and all bids.

62086

(5) A bond with good and sufficient surety, approved by the	62087
authority, shall be required of every contractor awarded a	62088
contract except as provided in division (L)(2) of this section, in	62089
an amount equal to at least fifty per cent of the contract price,	62090
conditioned upon the faithful performance of the contract.	62091

(M) Employ managers, superintendents, and other employees and	62092
retain or contract with consulting engineers, financial	62093
consultants, accounting experts, architects, attorneys, and other	62094
consultants and independent contractors that are necessary in its	62095
judgment to carry out this chapter, and fix the compensation	62096
thereof. All expenses thereof shall be payable solely from the	62097
proceeds of water development revenue bonds or notes issued under	62098
this chapter, from revenues, or from funds appropriated for that	62099
purpose by the general assembly.	62100

(N) Receive and accept from any federal agency, subject to	62101
the approval of the governor, grants for or in aid of the	62102
construction of any water development project or for research and	62103
development with respect to waste water or water management	62104
facilities, and receive and accept aid or contributions from any	62105
source of money, property, labor, or other things of value, to be	62106
held, used, and applied only for the purposes for which the grants	62107
and contributions are made;	62108

(O) Engage in research and development with respect to waste	62109
water or water management facilities;	62110

(P) Purchase fire and extended coverage and liability	62111
insurance for any water development project and for the principal	62112
office and suboffices of the authority, insurance protecting the	62113
authority and its officers and employees against liability for	62114
damage to property or injury to or death of persons arising from	62115
its operations, and any other insurance the authority may agree to	62116
provide under any resolution authorizing its water development	62117
revenue bonds or in any trust agreement securing the same;	62118

(Q) Charge, alter, and collect rentals and other charges for	62119
the use or services of any water development project as provided	62120
in section 6121.13 of the Revised Code;	62121

(R) Provide coverage for its employees under Chapters 145.,	62122
4123., and 4141. of the Revised Code;	62123

(S) Assist in the implementation and administration of the	62124
drinking water assistance fund and program created in section	62125
6109.22 of the Revised Code and the water pollution control loan	62126
fund and program created in section 6111.036 of the Revised Code,	62127
including, without limitation, performing or providing fiscal	62128
management for the funds and investing and disbursing moneys in	62129
the funds, and enter into all necessary and appropriate agreements	62130
with the director of environmental protection for those purposes;	62131

(T) Issue water development revenue bonds and notes of the	62132
state in principal amounts that are necessary for the purpose of	62133
raising moneys for the sole benefit of the water pollution control	62134
loan fund created in section 6111.036 of the Revised Code,	62135
including moneys to meet the requirement for providing matching	62136
moneys under division (D) of that section. The bonds and notes may	62137
be secured by appropriate trust agreements and repaid from moneys	62138
credited to the fund from payments of principal and interest on	62139
loans made from the fund, as provided in division (F) of section	62140
6111.036 of the Revised Code.	62141

(U) Issue water development revenue bonds and notes of the	62142
state in principal amounts that are necessary for the purpose of	62143
raising moneys for the sole benefit of the drinking water	62144
assistance fund created in section 6109.22 of the Revised Code,	62145
including moneys to meet the requirement for providing matching	62146
moneys under divisions (B) and (F) of that section. The bonds and	62147
notes may be secured by appropriate trust agreements and repaid	62148
from moneys credited to the fund from payments of principal and	62149
interest on loans made from the fund, as provided in division (F)	62150
of section 6109.22 of the Revised Code.	62151

(V) Make loans to and enter into agreements with boards of	62152
county commissioners for the purposes of section ~~1521.26~~1506.44	62153
of the Revised Code and adopt rules establishing requirements and	62154
procedures for making the loans and entering into the agreements;	62155

(W) Do all acts necessary or proper to carry out the powers	62156
expressly granted in this chapter.	62157

Any instrument by which real property is acquired pursuant to	62158
this section shall identify the agency of the state that has the	62159
use and benefit of the real property as specified in section	62160
5301.012 of the Revised Code.	62161

Sec. 6131.23. The assessments estimated in accordance with	62162
section 6131.14 of the Revised Code shall be payable in not less	62163
than two semiannual installments. At the time of the final	62164
hearing, in the order approving the levying of the assessments,	62165
the board of county commissioners shall determine how long a	62166
period of time, in semiannual installments, as taxes are paid,	62167
shall be given the owners of land benefited to pay the assessments	62168
that are made for an improvement and whether or not bonds or notes	62169
shall be issued and sold in anticipation of such payments. If	62170
bonds or notes are to be issued, the interest shall be added to	62171
the assessments. If the estimated cost of the improvement does not	62172
exceed five hundred dollars, not more than two semiannual	62173
installments, as taxes are paid, shall be given to owners of lands	62174
benefited to pay the assessments that are made for the	62175
improvement. If the estimated cost of the improvement exceeds five	62176
hundred dollars, the board may determine the number of	62177
installments in which the assessments are to be paid. If any such	62178
assessment is twenty-five dollars or less, or whenever the unpaid	62179
balance of any such assessment is twenty-five dollars or less, the	62180
same shall be paid in full, and not in installments, at the time	62181
the first or next installment would otherwise become due.	62182

When assessments are payable in installments and county	62183
general funds are used to pay for the improvement, the assessment	62184
shall not exceed ~~ten~~thirty semiannual installments, as computed	62185
by the county auditor pursuant to section 6131.49 of the Revised	62186
Code, and shall be payable upon completion of the contract.	62187

When assessments are made payable in installments and bonds	62188
or notes have been sold to pay for the improvement, interest shall	62189
be added to the installments of assessments at the same rate as is	62190
drawn by the bonds or notes issued to pay for the improvements.	62191
Any owner may pay the estimated assessments on the owner's land	62192
in cash within thirty days after the final hearing without paying	62193
any interest thereon. If the legislative authority of a political	62194
subdivision chooses to pay the assessments on all parcels within	62195
the subdivision, both public and private, in one installment, it	62196
shall pass a resolution so stating and shall send the resolution,	62197
or a copy thereof, to the board of county commissioners before	62198
making the payment. The legislative authority shall pay all	62199
subsequent maintenance assessments levied under section 6137.03 of	62200
the Revised Code if it chooses to pay the construction assessments	62201
on all parcels within the subdivision.	62202

Bonds may be sold for any repayment period that the board of	62203
county commissioners may determine proper, not to exceed ~~sixteen~~	62204
thirty semiannual installments, except that for bonds sold by a	62205
board of county commissioners for soil and water conservation	62206
district improvements pursuant to section 1515.24 of the Revised	62207
Code, the repayment period shall not exceed thirty semiannual	62208
installments.	62209

Section 101.02. That existing sections 9.30, 9.821, 9.822,	62210
9.823, 9.83, 107.12, 107.40, 109.57, 109.572, 109.93, 111.18,	62211
117.11, 119.07, 120.33, 121.48, 122.17, 122.171, 122.602, 122.652,	62212
124.152, 125.01, 125.02, 125.021, 125.022, 125.023, 125.04,	62213
125.041, 125.05, 125.06, 125.07, 125.071, 125.072, 125.073,	62214
125.08, 125.081, 125.082, 125.09, 125.10, 125.11, 125.15, 125.18,	62215
125.25, 125.30, 125.45, 125.93, 125.96, 125.97, 125.98, 126.03,	62216
126.07, 126.08, 126.21, 126.22, 127.16, 131.44, 133.01, 133.081,	62217
149.311, 151.08, 151.40, 156.02, 164.03, 164.08, 164.09, 166.08,	62218
167.04, 173.04, 173.35, 173.85, 173.86, 174.03, 174.06, 183.01,	62219
183.021, 183.17, 183.33, 183.34, 183.35, 305.31, 307.672, 307.695,	62220
307.98, 307.981, 308.04, 317.08, 319.202, 319.54, 322.01, 323.131,	62221
323.151, 323.152, 323.153, 323.154, 325.31, 329.04, 329.05,	62222
329.14, 333.02, 333.04, 340.03, 505.37, 505.376, 505.705, 517.08,	62223
519.12, 711.001, 711.05, 711.10, 711.131, 718.051, 718.13,	62224
901.171, 1306.20, 1306.21, 1347.06, 1503.05, 1504.02, 1506.01,	62225
1506.99, 1513.08, 1513.18, 1514.081, 1514.40, 1521.01, 1521.20,	62226
1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26, 1521.27,	62227
1521.28, 1521.29, 1521.30, 1521.99, 1531.06, 1531.35, 1555.08,	62228
1557.03, 2113.041, 2117.061, 2117.25, 2151.362, 2305.2341,	62229
2913.40, 2921.42, 2927.023, 2935.03, 3109.04, 3109.041, 3119.022,	62230
3119.023, 3119.05, 3119.27, 3119.29, 3119.30, 3119.32, 3125.12,	62231
3301.011, 3301.07, 3301.0711, 3301.0714, 3301.0718, 3301.12,	62232
3301.311, 3301.53, 3302.03, 3302.10, 3310.41, 3311.24, 3311.51,	62233
3311.521, 3313.532, 3313.603, 3313.615, 3313.64, 3313.646,	62234
3313.66, 3313.661, 3313.841, 3313.843, 3313.97, 3313.974,	62235
3313.977, 3313.978, 3313.98, 3313.983, 3314.015, 3314.02, 3314.06,	62236
3314.061, 3314.074, 3314.08, 3314.083, 3317.01, 3317.012,	62237
3317.013, 3317.014, 3317.015, 3317.016, 3317.017, 3317.02,	62238
3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.026,	62239
3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03,	62240
3317.031, 3317.032, 3317.04, 3317.05, 3317.051, 3317.052, 3317.06,	62241
3317.063, 3317.07, 3317.08, 3317.15, 3317.16, 3317.19, 3317.20,	62242
3317.201, 3318.01, 3318.011, 3318.023, 3318.12, 3318.15, 3318.26,	62243
3318.36, 3319.55, 3321.03, 3323.011, 3323.02, 3323.03, 3323.031,	62244
3323.04, 3323.05, 3323.051, 3323.07, 3323.09, 3323.091, 3323.12,	62245
3323.13, 3323.14, 3323.141, 3323.142, 3323.143, 3323.15, 3323.17,	62246
3323.18, 3323.20, 3323.30, 3325.011, 3325.02, 3327.01, 3327.05,	62247
3327.16, 3333.04, 3333.122, 3333.36, 3333.38, 3345.05, 3345.32,	62248
3353.02, 3353.03, 3354.10, 3355.01, 3357.01, 3357.10, 3358.06,	62249
3365.01, 3381.04, 3501.01, 3501.05, 3501.11, 3501.17, 3501.31,	62250
3505.062, 3505.063, 3505.23, 3513.21, 3517.106, 3517.11, 3599.17,	62251
3599.19, 3599.37, 3701.74, 3701.741, 3702.52, 3702.5211,	62252
3702.5212, 3702.5213, 3702.57, 3702.63, 3702.68, 3704.03, 3705.24,	62253
3706.01, 3706.03, 3706.041, 3706.05, 3706.07, 3718.03, 3721.51,	62254
3721.541, 3721.56, 3727.391, 3734.57, 3735.672, 3743.17, 3743.19,	62255
3743.25, 3743.75, 3745.04, 3745.11, 3767.41, 3769.087, 3770.03,	62256
3770.06, 3905.36, 3923.281, 4112.12, 4112.13, 4141.09, 4301.20,	62257
4301.24, 4301.43, 4303.03, 4503.06, 4503.061, 4503.064, 4503.065,	62258
4503.066, 4503.067, 4503.10, 4503.102, 4503.35, 4505.06, 4511.101,	62259
4513.241, 4513.263, 4513.35, 4715.251, 4717.07, 4723.32, 4723.621,	62260
4723.63, 4723.64, 4723.65, 4723.66, 4731.053, 4731.142, 4731.22,	62261
4735.10, 4735.141, 4736.01, 4743.05, 4753.02, 4753.05, 4753.11,	62262
4755.03, 4766.05, 4775.08, 4921.40, 5101.141, 5101.16, 5101.162,	62263
5101.21, 5101.211, 5101.212, 5101.213, 5101.24, 5101.242,	62264
5101.244, 5101.27, 5101.51, 5101.571, 5101.572, 5101.58, 5101.59,	62265
5101.802, 5101.98, 5104.04, 5104.30, 5107.02, 5107.03, 5107.05,	62266
5107.10, 5107.12, 5107.14, 5107.16, 5107.17, 5107.18, 5107.281,	62267
5107.30, 5107.36, 5107.41, 5107.42, 5107.70, 5111.01, 5111.011,	62268
5111.013, 5111.014, 5111.016, 5111.019, 5111.0111, 5111.0112,	62269
5111.023, 5111.03, 5111.06, 5111.084, 5111.10, 5111.101, 5111.11,	62270
5111.112, 5111.113, 5111.163, 5111.17, 5111.172, 5111.20,	62271
5111.851, 5111.871, 5111.872, 5111.8814, 5111.89, 5111.891,	62272
5111.915, 5111.95, 5111.96, 5112.341, 5115.12, 5119.611, 5123.01,	62273
5123.012, 5123.043, 5123.045, 5123.046, 5123.047, 5123.048,	62274
5123.049, 5123.0411, 5123.051, 5123.19, 5123.196, 5123.198,	62275
5123.20, 5123.211, 5123.38, 5123.41, 5123.51, 5123.60, 5123.602,	62276
5123.99, 5126.038, 5126.04, 5126.041, 5126.042, 5126.046, 5126.05,	62277
5126.054, 5126.055, 5126.056, 5126.057, 5126.06, 5126.12, 5126.15,	62278
5126.18, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45,	62279
5126.47, 5139.43, 5323.01, 5323.02, 5323.99, 5528.54, 5531.10,	62280
5537.04, 5537.16, 5537.99, 5703.57, 5703.80, 5705.01, 5705.214,	62281
5705.25, 5705.29, 5705.44, 5709.68, 5711.01, 5713.011, 5725.24,	62282
5727.06, 5727.45, 5727.81, 5727.84, 5727.85, 5727.86, 5727.87,	62283
5733.12, 5733.39, 5733.98, 5739.02, 5739.032, 5739.033, 5739.09,	62284
5739.12, 5739.122, 5739.21, 5741.02, 5741.03, 5741.121, 5743.01,	62285
5743.20, 5745.02, 5745.05, 5745.13, 5747.01, 5747.03, 5747.47,	62286
5747.50, 5747.501, 5747.51, 5747.54, 5747.98, 5748.01, 5748.02,	62287
5748.021, 5749.02, 5751.20, 5751.21, 5751.23, 5907.15, 6109.21,	62288
6111.04, 6111.44, 6119.06, 6121.04, and 6131.23 of the Revised	62289
Code are hereby repealed.	62290

Section 105.01. That sections 103.141, 125.95, 183.02,	62291
183.27, 183.32, 3318.47, 3318.48, 3318.49, 3323.01, 3323.06,	62292
3323.08, 3323.11, 3333.29, 3704.14, 4911.021, 5111.161, 5123.16,	62293
5123.182, 5123.199, 5126.035, 5126.036, 5126.053, 5126.431,	62294
5126.44, 5126.451, 5743.331, 5747.61, 5747.62, and 5747.63 of the	62295
Revised Code are hereby repealed.	62296

Section 105.03. That the version of section 3702.68 of the	62297
Revised Code that was to have taken effect July 1, 2007, as a	62298
result of Sections 3 to 5 of Am. Sub. S.B. 50 of the 121st General	62299
Assembly, as most recently amended by Am. Sub. H.B. 66 of the	62300
126th General Assembly, is hereby repealed. It is the intent of	62301
this section to prevent the amendment of section 3702.68 of the	62302
Revised Code that was to have taken effect July 1, 2007.	62303

Section 115.03. That section 5101.213 of the Revised Code is	62304
hereby repealed, effective July 1, 2008.	62305

Section 120.01. During the period beginning July 1, 2007,	62306
and expiring July 1, 2009, the operation of sections 3718.02,	62307
3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and	62308
6111.441 of the Revised Code is suspended. On July 1, 2009,	62309
sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09,	62310
3718.10, 3718.99, and 6111.441 of the Revised Code, in either	62311
their present form or as they are later amended, again become	62312
operational.	62313

Section 120.02. (A) Not later than thirty days after the	62314
effective date of this section and notwithstanding any provision	62315
of law to the contrary, the Public Health Council shall rescind	62316
rules adopted by the Council under section 3718.02 of the Revised	62317
Cod, that took effect on January 1, 2007. At the same time as	62318
those rules are rescinded, the Council shall adopt rules that are	62319
identical to the rules adopted by the Council that were in effect	62320
prior to January 1, 2007, and were codified in Chapter 3701-29 of	62321
the Administrative Code, except the rules in that Chapter that	62322
established requirements for separation distances from a water	62323
table and soil absorption requirements. Instead, a board of health	62324
or the authority having the duties of a board of health shall	62325
adopt standards establishing requirements for separation distances	62326
from a water table and soil absorption requirements based on the	62327
water table and soils in the applicable health district for	62328
purposes of the installation and operation of household sewage	62329
treatment systems and small flow on-site sewage treatment systems	62330
in the applicable health district.	62331

The rescission and adoption of rules under this division are	62332
not subject to section 119.03 of the Revised Code. However, the	62333
Public Health Council shall file the rules in accordance with	62334
section 119.04 of the Revised Code. Upon that filing, the rules	62335
take immediate effect.	62336

(B) A local board of health or the authority having the	62337
duties of a board of health may adopt standards for use in the	62338
health district that are more stringent than the rules adopted	62339
under division (A) of this section, provided that the board of	62340
health or authority having the duties of a board of health in	62341
adopting such standards considers the economic impact of those	62342
standards on property owners, the state of available technology,	62343
and the nature and economics of the available alternatives. If a	62344
board of health or authority having the duties of a board of	62345
health adopts standards that are more stringent than the rules	62346
adopted under division (A) of this section, the board or authority	62347
shall send a copy of the standards to the Department of Health.	62348

(C)(1) A board of health or the authority having the duties	62349
of a board of health shall approve or deny the use of household	62350
sewage treatment systems and small flow on-site sewage treatment	62351
systems in the applicable health district. In approving or denying	62352
a household sewage treatment system or a small flow on-site sewage	62353
treatment system for use in the health district, the board or	62354
authority shall consider the economic impact of the system on	62355
property owners, the state of available technology, and the nature	62356
and economics of the available alternatives, ensure that a system	62357
will not create a public health nuisance, and require a system to	62358
comply with the requirements established in divisions (C)(2) and	62359
(3) of this section.	62360

(2) Notwithstanding any rule adopted by the Public Health	62361
Council or standard adopted by a board of health or the authority	62362
having the duties of a board of health governing the installation	62363
and operation of sewage treatment systems, a board of health or	62364
the authority having the duties of a board of health shall ensure	62365
that the design and installation of a soil absorption system	62366
prevents public health nuisances. To the extent determined	62367
necessary by a board of health or the authority having the duties	62368
of a board of health, a sewage treatment system that is installed	62369
after the effective date of this section shall not discharge to a	62370
ditch, stream, pond, lake, natural or artificial waterway, drain	62371
tile, other surface water, or the surface of the ground unless	62372
authorized by a national pollutant discharge elimination system	62373
(NPDES) permit issued under Chapter 6111. of the Revised Code and	62374
rules adopted under it. In addition, a sewage treatment system	62375
shall not discharge to an abandoned well, a drainage well, a dry	62376
well or cesspool, a sinkhole, or another connection to ground	62377
water. As a condition to the issuance of a permit to operate a	62378
system, a board of health or the authority having the duties of a	62379
board of health shall require a service contract for any sewage	62380
treatment system that is subject to an NPDES permit to the extent	62381
required by the Environmental Protection Agency. If classified as	62382
a class V injection well, a household sewage treatment system	62383
serving a two- or three-family dwelling or a small flow on-site	62384
sewage treatment system shall comply with 40 C.F.R. 144, as	62385
published in the July 1, 2005, Code of Federal Regulations and	62386
with the registration requirements established in rule 3745-34-13	62387
of the Administrative Code.	62388

(3) Notwithstanding any rule adopted by the Public Health	62389
Council or standard adopted by a board of health or the authority	62390
having the duties of a board of health governing the installation	62391
and operation of household sewage treatment systems, all septic	62392
tanks, other disposal component tanks, dosing tanks, pump vaults,	62393
household sewage disposal system holding tanks and privy vaults,	62394
or other applicable sewage disposal system components manufactured	62395
after the effective date of this section and used in this state	62396
shall be watertight and structurally sound.	62397

(D)(1) Notwithstanding any rule adopted by the Public Health	62398
Council governing the installation and operation of household	62399
sewage treatment systems, a board of health or the authority	62400
having the duties of a board of health may establish and collect	62401
fees for the purposes of this section.	62402

(2) In addition to the fees that are authorized to be	62403
established under division (D)(1) of this section, there is hereby	62404
levied an application fee of twenty-five dollars for a sewage	62405
treatment system installation permit. A board of health or the	62406
authority having the duties of a board of health shall collect the	62407
fee on behalf of the Department of Health and forward the fee to	62408
the Department to be deposited in the state treasury to the credit	62409
of the Sewage Treatment System Innovation Fund, which is hereby	62410
created. Not more than seventy-five per cent of the money in the	62411
Fund shall be used by the Department to administer the sewage	62412
treatment system program, and not less than twenty-five per cent	62413
of the money in the Fund shall be used to establish a grant	62414
program in cooperation with boards of health to fund the	62415
installation and evaluation of new technology pilot projects. In	62416
the selection of the pilot projects, the Director of Health shall	62417
consult with the Sewage Treatment System Technical Advisory	62418
Committee created in section 3718.03 of the Revised Code.	62419

(E) Not later than one year after the installation of a	62420
household sewage treatment system, a board of health or the	62421
authority having the duties of a board of health shall inspect the	62422
system to ensure that it is not a public health nuisance.	62423

(F) The Department of Health may file an injunctive action	62424
against a board of health or the authority having the duties of a	62425
board of health that allows a household sewage treatment system or	62426
small flow on-site sewage treatment system to cause a public	62427
health nuisance, provided that the Department provides reasonable	62428
notice to the board or authority and allows for the opportunity to	62429
abate the nuisance prior to the action.	62430

(G) The Environmental Protection Agency shall not require a	62431
board of health or the authority having the duties of a board of	62432
health to enter into a memorandum of understanding or any other	62433
agreement with the Agency regarding the issuance of NPDES permits	62434
for off-lot sewage treatment systems. Instead, a representative of	62435
a board of health or the authority having the duties of a board of	62436
health may meet with a person who intends to install such a system	62437
to determine the feasibility of the system and refer the person to	62438
the Agency to secure an NPDES permit for the system if needed.	62439

(H) Notwithstanding any rule adopted by the Public Health	62440
Council governing the installation and operation of household	62441
sewage treatment systems, a board of health or the authority	62442
having the duties of a board of health that, prior to the	62443
effective date of this section, has obtained authority from the	62444
Department of Health and the Environmental Protection Agency to	62445
regulate small flow on-site sewage treatment systems may continue	62446
to regulate such systems on and after the effective date of this	62447
section. A board of health or the authority having the duties of a	62448
board of health that has not obtained such authority may request	62449
the authority from the Department of Health and the Environmental	62450
Protection Agency in the manner provided by law.	62451

(I) Because the rules adopted by the Public Health Council	62452
under section 3718.02 of the Revised Code that were effective on	62453
January 1, 2007, have been rescinded by operation of this section,	62454
the references to those rules in section 3718.021 of the Revised	62455
Code are not operable. Instead, notwithstanding any other	62456
provisions of this section, the Public Health Council shall	62457
provide for the implementation of section 3718.021 of the Revised	62458
Code in the rules that are required to be adopted under division	62459
(A) of this section.	62460

(J) The Department of Health in cooperation with a board of	62461
health or the authority having the duties of a board of health	62462
shall assess the familiarity of the board's or authority's staff	62463
with the best practices in the use of sewage treatment systems and	62464
conduct appropriate training to educate the board's or authority's	62465
staff in those best practices and in the use of any new sewage	62466
treatment system technology that is recommended for use by the	62467
Sewage Treatment System Technical Advisory Committee created in	62468
section 3718.03 of the Revised Code.	62469

(K)(1) As used in this section, "household sewage treatment	62470
system," "small flow on-site sewage treatment system," and "sewage	62471
treatment system" have the same meanings as in section 3718.01 of	62472
the Revised Code.	62473

(2) For the purposes of this section, "household sewage	62474
treatment system" is deemed to mean "household sewage disposal	62475
system" as necessary for the operation of this section.	62476

(L) This section expires on the effective date of the rules	62477
that are to be adopted under section 3718.02 of the Revised Code	62478
when that section becomes operational on July 1, 2009, pursuant to	62479
Section 120.01 of this act.	62480

Section 120.03. That sections 711.001, 711.05, 711.10,	62481
711.131, 4736.01, 6111.04, and 6111.44 be amended and section	62482
3718.022 of the Revised Code be enacted to read as follows:	62483

Sec. 711.001. As used in this chapter:

62484

(A) "Plat" means a map of a tract or parcel of land.

62485

(B) "Subdivision" means either of the following:

62486

(1) The division of any parcel of land shown as a unit or as	62487
contiguous units on the last preceding general tax list and	62488
duplicate of real and public utility property, into two or more	62489
parcels, sites, or lots, any one of which is less than five acres	62490
for the purpose, whether immediate or future, of transfer of	62491
ownership, provided, however, that the following are exempt:	62492

(a) A division or partition of land into parcels of more than	62493
five acres not involving any new streets or easements of access;	62494

(b) The sale or exchange of parcels between adjoining lot	62495
owners, where that sale or exchange does not create additional	62496
building sites;	62497

(c) If the planning authority adopts a rule in accordance	62498
with section 711.133 of the Revised Code that exempts from	62499
division (B)(1) of this section any parcel of land that is four	62500
acres or more, parcels in the size range delineated in that rule.	62501

(2) The improvement of one or more parcels of land for	62502
residential, commercial, or industrial structures or groups of	62503
structures involving the division or allocation of land for the	62504
opening, widening, or extension of any public or private street or	62505
streets, except private streets serving industrial structures, or	62506
involving the division or allocation of land as open spaces for	62507
common use by owners, occupants, or leaseholders or as easements	62508
for the extension and maintenance of public or private sewer,	62509
water, storm drainage, or other similar facilities.	62510

~~(C) "Household sewage treatment system" has the same meaning~~	62511
~~as in section 3709.091 of the Revised Code.~~	62512

Sec. 711.05. (A) Upon the submission of a plat for approval,	62513
in accordance with section 711.041 of the Revised Code, the board	62514
of county commissioners shall certify on it the date of the	62515
submission. Within five days of submission of the plat, the board	62516
shall schedule a meeting to consider the plat and send a written	62517
notice by regular mail to the fiscal officer of the board of	62518
township trustees of the township in which the plat is located and	62519
the board of health of the health district in which the plat is	62520
located. The notice shall inform the trustees and the board of	62521
health of the submission of the plat and of the date, time, and	62522
location of any meeting at which the board of county commissioners	62523
will consider or act upon the proposed plat. The meeting shall	62524
take place within thirty days of submission of the plat, and no	62525
meeting shall be held until at least seven days have passed from	62526
the date the notice was sent by the board of county commissioners.	62527
The approval of the board required by section 711.041 of the	62528
Revised Code or the refusal to approve shall take place within	62529
thirty days from the date of submission or such further time as	62530
the applying party may agree to in writing; otherwise, the plat is	62531
deemed approved and may be recorded as if bearing such approval.	62532

(B) The board may adopt general rules governing plats and	62533
subdivisions of land falling within its jurisdiction, to secure	62534
and provide for the coordination of the streets within the	62535
subdivision with existing streets and roads or with existing	62536
county highways, for the proper amount of open spaces for traffic,	62537
circulation, and utilities, and for the avoidance of future	62538
congestion of population detrimental to the public health, safety,	62539
or welfare, but shall not impose a greater minimum lot area than	62540
forty-eight hundred square feet. Before the board may amend or	62541
adopt rules, it shall notify all the townships in the county of	62542
the proposed amendments or rules by regular mail at least thirty	62543
days before the public meeting at which the proposed amendments or	62544
rules are to be considered.	62545

The rules may require the ~~county department~~board of health	62546
to review and comment on a plat before the board of county	62547
commissioners acts upon it and may also require proof of	62548
compliance with any applicable zoning resolutions, and with	62549
household sewage treatment rules adopted under section 3718.02 of	62550
the Revised Code, as a basis for approval of a plat. Where under	62551
section 711.101 of the Revised Code the board of county	62552
commissioners has set up standards and specifications for the	62553
construction of streets, utilities, and other improvements for	62554
common use, the general rules may require the submission of	62555
appropriate plans and specifications for approval. The board shall	62556
not require the person submitting the plat to alter the plat or	62557
any part of it as a condition for approval, as long as the plat is	62558
in accordance with general rules governing plats and subdivisions	62559
of land, adopted by the board as provided in this section, in	62560
effect at the time the plat was submitted and the plat is in	62561
accordance with any standards and specifications set up under	62562
section 711.101 of the Revised Code, in effect at the time the	62563
plat was submitted.	62564

(C) The ground of refusal to approve any plat, submitted in	62565
accordance with section 711.041 of the Revised Code, shall be	62566
stated upon the record of the board, and, within sixty days	62567
thereafter, the person submitting any plat that the board refuses	62568
to approve may file a petition in the court of common pleas of the	62569
county in which the land described in the plat is situated to	62570
review the action of the board. A board of township trustees is	62571
not entitled to appeal a decision of the board of county	62572
commissioners under this section.	62573

Sec. 711.10. (A) Whenever a county planning commission or a	62574
regional planning commission adopts a plan for the major streets	62575
or highways of the county or region, no plat of a subdivision of	62576
land within the county or region, other than land within a	62577
municipal corporation or land within three miles of a city or one	62578
and one-half miles of a village as provided in section 711.09 of	62579
the Revised Code, shall be recorded until it is approved by the	62580
county or regional planning commission under division (C) of this	62581
section and the approval is endorsed in writing on the plat.	62582

(B) A county or regional planning commission may require the	62583
submission of a preliminary plan for each plat sought to be	62584
recorded. If the commission requires this submission, it shall	62585
provide for a review process for the preliminary plan. Under this	62586
review process, the planning commission shall give its approval,	62587
its approval with conditions, or its disapproval of each	62588
preliminary plan. The commission's decision shall be in writing,	62589
shall be under the signature of the secretary of the commission,	62590
and shall be issued within thirty-five business days after the	62591
submission of the preliminary plan to the commission. The	62592
disapproval of a preliminary plan shall state the reasons for the	62593
disapproval. A decision of the commission under this division is	62594
preliminary to and separate from the commission's decision to	62595
approve, conditionally approve, or refuse to approve a plat under	62596
division (C) of this section.	62597

(C) Within five calendar days after the submission of a plat	62598
for approval under this division, the county or regional planning	62599
commission shall schedule a meeting to consider the plat and send	62600
a notice by regular mail or by electronic mail to the fiscal	62601
officer of the board of township trustees of the township in which	62602
the plat is located and the board of health of the health district	62603
in which the plat is located. The notice shall inform the trustees	62604
and the board of health of the submission of the plat and of the	62605
date, time, and location of any meeting at which the county or	62606
regional planning commission will consider or act upon the plat.	62607
The meeting shall take place within thirty calendar days after	62608
submission of the plat, and no meeting shall be held until at	62609
least seven calendar days have passed from the date the planning	62610
commission sent the notice.	62611

The approval of the county or regional planning commission,	62612
the commission's conditional approval as described in this	62613
division, or the refusal of the commission to approve shall be	62614
endorsed on the plat within thirty calendar days after the	62615
submission of the plat for approval under this division or within	62616
such further time as the applying party may agree to in writing;	62617
otherwise that plat is deemed approved, and the certificate of the	62618
commission as to the date of the submission of the plat for	62619
approval under this division and the failure to take action on it	62620
within that time shall be sufficient in lieu of the written	62621
endorsement or evidence of approval required by this division.	62622

A county or regional planning commission may grant	62623
conditional approval under this division to a plat by requiring a	62624
person submitting the plat to alter the plat or any part of it,	62625
within a specified period after the end of the thirty calendar	62626
days, as a condition for final approval under this division. Once	62627
all the conditions have been met within the specified period, the	62628
commission shall cause its final approval under this division to	62629
be endorsed on the plat. No plat shall be recorded until it is	62630
endorsed with the commission's final or unconditional approval	62631
under this division.	62632

The ground of refusal of approval of any plat submitted under	62633
this division, including citation of or reference to the rule	62634
violated by the plat, shall be stated upon the record of the	62635
county or regional planning commission. Within sixty calendar days	62636
after the refusal under this division, the person submitting any	62637
plat that the commission refuses to approve under this division	62638
may file a petition in the court of common pleas of the proper	62639
county, and the proceedings on the petition shall be governed by	62640
section 711.09 of the Revised Code as in the case of the refusal	62641
of a planning authority to approve a plat. A board of township	62642
trustees is not entitled to appeal a decision of the commission	62643
under this division.	62644

A county or regional planning commission shall adopt general	62645
rules, of uniform application, governing plats and subdivisions of	62646
land falling within its jurisdiction, to secure and provide for	62647
the proper arrangement of streets or other highways in relation to	62648
existing or planned streets or highways or to the county or	62649
regional plan, for adequate and convenient open spaces for	62650
traffic, utilities, access of firefighting apparatus, recreation,	62651
light, and air, and for the avoidance of congestion of population.	62652
The rules may provide for their modification by the commission in	62653
specific cases where unusual topographical and other exceptional	62654
conditions require the modification. The rules may require the	62655
~~county department~~board of health to review and comment on a plat	62656
before the commission acts upon it and also may require proof of	62657
compliance with any applicable zoning resolutions, and with	62658
household sewage treatment rules adopted under section 3718.02 of	62659
the Revised Code, as a basis for approval of a plat.	62660

Before adoption of its rules or amendment of its rules, the	62661
commission shall hold a public hearing on the adoption or	62662
amendment. Notice of the public hearing shall be sent to all	62663
townships in the county or region by regular mail or electronic	62664
mail at least thirty business days before the hearing. No county	62665
or regional planning commission shall adopt any rules requiring	62666
actual construction of streets or other improvements or facilities	62667
or assurance of that construction as a condition precedent to the	62668
approval of a plat of a subdivision unless the requirements have	62669
first been adopted by the board of county commissioners after a	62670
public hearing. A copy of the rules shall be certified by the	62671
planning commission to the county recorders of the appropriate	62672
counties.	62673

After a county or regional street or highway plan has been	62674
adopted as provided in this section, the approval of plats and	62675
subdivisions provided for in this section shall be in lieu of any	62676
approvals provided for in other sections of the Revised Code,	62677
insofar as the territory within the approving jurisdiction of the	62678
county or regional planning commission, as provided in this	62679
section, is concerned. Approval of a plat shall not be an	62680
acceptance by the public of the dedication of any street, highway,	62681
or other way or open space shown upon the plat.	62682

No county or regional planning commission shall require a	62683
person submitting a plat to alter the plat or any part of it as	62684
long as the plat is in accordance with the general rules governing	62685
plats and subdivisions of land, adopted by the commission as	62686
provided in this section, in effect at the time the plat is	62687
submitted.	62688

A county or regional planning commission and a city or	62689
village planning commission, or platting commissioner or	62690
legislative authority of a village, with subdivision regulation	62691
jurisdiction over unincorporated territory within the county or	62692
region may cooperate and agree by written agreement that the	62693
approval of a plat by the city or village planning commission, or	62694
platting commissioner or legislative authority of a village, as	62695
provided in section 711.09 of the Revised Code, shall be	62696
conditioned upon receiving advice from or approval by the county	62697
or regional planning commission.	62698

(D) As used in this section, "business day" means a day of	62699
the week excluding Saturday, Sunday, or a legal holiday as defined	62700
in section 1.14 of the Revised Code.	62701

Sec. 711.131. (A) Notwithstanding sections 711.001 to 711.13	62702
of the Revised Code and except as provided in division (C) of this	62703
section, unless the rules adopted under section 711.05, 711.09, or	62704
711.10 of the Revised Code are amended pursuant to division (B) of	62705
this section, a proposed division of a parcel of land along an	62706
existing public street, not involving the opening, widening, or	62707
extension of any street or road, and involving no more than five	62708
lots after the original tract has been completely subdivided, may	62709
be submitted to the planning authority having approving	62710
jurisdiction of plats under section 711.05, 711.09, or 711.10 of	62711
the Revised Code for approval without plat. If the authority	62712
acting through a properly designated representative finds that a	62713
proposed division is not contrary to applicable platting,	62714
subdividing, zoning, health, sanitary, or access management	62715
regulations or, regulations adopted under division (B)(3) of	62716
section 307.37 of the Revised Code regarding existing surface or	62717
subsurface drainage, or household sewage treatment rules adopted	62718
under section 3718.02 of the Revised Code, it shall approve the	62719
proposed division within seven business days after its submission	62720
and, on presentation of a conveyance of the parcel, shall stamp	62721
the conveyance "approved by (planning authority); no plat	62722
required" and have it signed by its clerk, secretary, or other	62723
official as may be designated by it. The planning authority may	62724
require the submission of a sketch and other information that is	62725
pertinent to its determination under this division.	62726

(B) For a period of up to two years after ~~April 15, 2005~~the	62727
effective date of this amendment, the rules adopted under section	62728
711.05, 711.09, or 711.10 of the Revised Code may be amended	62729
within that period to authorize the planning authority involved to	62730
approve proposed divisions of parcels of land without plat under	62731
this division. If an authority so amends its rules, it may approve	62732
no more than five lots without a plat from an original tract as	62733
that original tract exists on the effective date of the amendment	62734
to the rules. The authority shall make the findings and approve a	62735
proposed division in the time and manner specified in division (A)	62736
of this section.	62737

(C) This section does not apply to parcels subject to section	62738
711.133 of the Revised Code.	62739

(D) As used in this section, "business day" means a day of	62740
the week excluding Saturday, Sunday, or a legal holiday as defined	62741
in section 1.14 of the Revised Code.	62742

Sec. 3718.022. Notwithstanding any provision in this chapter	62743
to the contrary, in adopting rules under division (A) of section	62744
3718.02 of the Revised Code, the public health council shall	62745
consider the economic impact of the rules on property owners, the	62746
state of available technology, and the nature and economics of the	62747
available alteratives.	62748

Sec. 4736.01. As used in this chapter:

62749

(A) "Environmental health science" means the aspect of public	62750
health science that includes, but is not limited to, the following	62751
bodies of knowledge: air quality, food quality and protection,	62752
hazardous and toxic substances, consumer product safety, housing,	62753
institutional health and safety, community noise control,	62754
radiation protection, recreational facilities, solid and liquid	62755
waste management, vector control, drinking water quality, milk	62756
sanitation, and rabies control.	62757

(B) "Sanitarian" means a person who performs for compensation	62758
educational, investigational, technical, or administrative duties	62759
requiring specialized knowledge and skills in the field of	62760
environmental health science.	62761

(C) "Registered sanitarian" means a person who is registered	62762
as a sanitarian in accordance with this chapter.	62763

(D) "Sanitarian-in-training" means a person who is registered	62764
as a sanitarian-in-training in accordance with this chapter.	62765

(E) "Practice of environmental health" means consultation,	62766
instruction, investigation, inspection, or evaluation by an	62767
employee of a city health district, a general health district, the	62768
environmental protection agency, the department of health, or the	62769
department of agriculture requiring specialized knowledge,	62770
training, and experience in the field of environmental health	62771
science, with the primary purpose of improving or conducting	62772
administration or enforcement under any of the following:	62773

(1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or	62774
3733. of the Revised Code;	62775

(2) Chapter 3734. of the Revised Code as it pertains to solid	62776
waste;	62777

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	62778
3707.38 to 3707.99, or section 3715.21 of the Revised Code;	62779

(4) Rules adopted under section 3701.34 of the Revised Code	62780
pertaining to ~~home sewage,~~ rabies control, or swimming pools;	62781

(5) Rules adopted under section 3701.935 of the Revised Code	62782
for school health and safety network inspections and rules adopted	62783
under section 3707.26 of the Revised Code for sanitary	62784
inspections.	62785

"Practice of environmental health" does not include sampling,	62786
testing, controlling of vectors, reporting of observations, or	62787
other duties that do not require application of specialized	62788
knowledge and skills in environmental health science performed	62789
under the supervision of a registered sanitarian.	62790

The state board of sanitarian registration may further define	62791
environmental health science in relation to specific functions in	62792
the practice of environmental health through rules adopted by the	62793
board under Chapter 119. of the Revised Code.	62794

Sec. 6111.04. (A) Both of the following apply except as	62795
otherwise provided in division (A) or (F) of this section:	62796

(1) No person shall cause pollution or place or cause to be	62797
placed any sewage, sludge, sludge materials, industrial waste, or	62798
other wastes in a location where they cause pollution of any	62799
waters of the state.	62800

(2) Such an action prohibited under division (A)(1) of this	62801
section is hereby declared to be a public nuisance.	62802

Divisions (A)(1) and (2) of this section do not apply if the	62803
person causing pollution or placing or causing to be placed wastes	62804
in a location in which they cause pollution of any waters of the	62805
state holds a valid, unexpired permit, or renewal of a permit,	62806
governing the causing or placement as provided in sections 6111.01	62807
to 6111.08 of the Revised Code or if the person's application for	62808
renewal of such a permit is pending.	62809

(B) If the director of environmental protection administers a	62810
sludge management program pursuant to division (S) of section	62811
6111.03 of the Revised Code, both of the following apply except as	62812
otherwise provided in division (B) or (F) of this section:	62813

(1) No person, in the course of sludge management, shall	62814
place on land located in the state or release into the air of the	62815
state any sludge or sludge materials.	62816

(2) An action prohibited under division (B)(1) of this	62817
section is hereby declared to be a public nuisance.	62818

Divisions (B)(1) and (2) of this section do not apply if the	62819
person placing or releasing the sludge or sludge materials holds a	62820
valid, unexpired permit, or renewal of a permit, governing the	62821
placement or release as provided in sections 6111.01 to 6111.08 of	62822
the Revised Code or if the person's application for renewal of	62823
such a permit is pending.	62824

(C) No person to whom a permit has been issued shall place or	62825
discharge, or cause to be placed or discharged, in any waters of	62826
the state any sewage, sludge, sludge materials, industrial waste,	62827
or other wastes in excess of the permissive discharges specified	62828
under an existing permit without first receiving a permit from the	62829
director to do so.	62830

(D) No person to whom a sludge management permit has been	62831
issued shall place on the land or release into the air of the	62832
state any sludge or sludge materials in excess of the permissive	62833
amounts specified under the existing sludge management permit	62834
without first receiving a modification of the existing sludge	62835
management permit or a new sludge management permit to do so from	62836
the director.	62837

(E) The director may require the submission of plans,	62838
specifications, and other information that the director considers	62839
relevant in connection with the issuance of permits.	62840

(F) This section does not apply to any of the following:

62841

(1) Waters used in washing sand, gravel, other aggregates, or	62842
mineral products when the washing and the ultimate disposal of the	62843
water used in the washing, including any sewage, industrial waste,	62844
or other wastes contained in the waters, are entirely confined to	62845
the land under the control of the person engaged in the recovery	62846
and processing of the sand, gravel, other aggregates, or mineral	62847
products and do not result in the pollution of waters of the	62848
state;	62849

(2) Water, gas, or other material injected into a well to	62850
facilitate, or that is incidental to, the production of oil, gas,	62851
artificial brine, or water derived in association with oil or gas	62852
production and disposed of in a well, in compliance with a permit	62853
issued under Chapter 1509. of the Revised Code, or sewage,	62854
industrial waste, or other wastes injected into a well in	62855
compliance with an injection well operating permit. Division	62856
(F)(2) of this section does not authorize, without a permit, any	62857
discharge that is prohibited by, or for which a permit is required	62858
by, regulation of the United States environmental protection	62859
agency.	62860

(3) Application of any materials to land for agricultural	62861
purposes or runoff of the materials from that application or	62862
pollution by animal waste or soil sediment, including attached	62863
substances, resulting from farming, silvicultural, or earthmoving	62864
activities regulated by Chapter 307. or 1511. of the Revised Code.	62865
Division (F)(3) of this section does not authorize, without a	62866
permit, any discharge that is prohibited by, or for which a permit	62867
is required by, the Federal Water Pollution Control Act or	62868
regulations adopted under it.	62869

(4) The excrement of domestic and farm animals defecated on	62870
land or runoff therefrom into any waters of the state. Division	62871
(F)(4) of this section does not authorize, without a permit, any	62872
discharge that is prohibited by, or for which a permit is required	62873
by, the Federal Water Pollution Control Act or regulations adopted	62874
under it.	62875

(5) On and after the date on which the United States	62876
environmental protection agency approves the NPDES program	62877
submitted by the director of agriculture under section 903.08 of	62878
the Revised Code, any discharge that is within the scope of the	62879
approved NPDES program submitted by the director of agriculture;	62880

(6) The discharge of sewage, industrial waste, or other	62881
wastes into a sewerage system tributary to a treatment works.	62882
Division (F)(6) of this section does not authorize any discharge	62883
into a publicly owned treatment works in violation of a	62884
pretreatment program applicable to the publicly owned treatment	62885
works.	62886

(7) ~~Septic tanks or other disposal systems for the disposal~~	62887
~~or treatment of sewage from single-family, two-family, or~~	62888
~~three-family dwellings~~A household sewage treatment system or a	62889
small flow on-site sewage treatment system, as applicable, as	62890
defined in section 3718.01 of the Revised Code that is installed	62891
in compliance with ~~the sanitary code and section 3707.01~~Chapter	62892
3718. of the Revised Code and rules adopted under it. Division	62893
(F)(7) of this section does not authorize, without a permit, any	62894
discharge that is prohibited by, or for which a permit is required	62895
by, regulation of the United States environmental protection	62896
agency.	62897

(8) Exceptional quality sludge generated outside of this	62898
state and contained in bags or other containers not greater than	62899
one hundred pounds in capacity. As used in division (F)(8) of this	62900
section, "exceptional quality sludge" has the same meaning as in	62901
division (Y) of section 3745.11 of the Revised Code.	62902

(G) The holder of a permit issued under section 402 (a) of	62903
the Federal Water Pollution Control Act need not obtain a permit	62904
for a discharge authorized by the permit until its expiration	62905
date. Except as otherwise provided in this division, the director	62906
of environmental protection shall administer and enforce those	62907
permits within this state and may modify their terms and	62908
conditions in accordance with division (J) of section 6111.03 of	62909
the Revised Code. On and after the date on which the United States	62910
environmental protection agency approves the NPDES program	62911
submitted by the director of agriculture under section 903.08 of	62912
the Revised Code, the director of agriculture shall administer and	62913
enforce those permits within this state that are issued for any	62914
discharge that is within the scope of the approved NPDES program	62915
submitted by the director of agriculture.	62916

Sec. 6111.44. (A) Except as otherwise provided in division	62917
(B) of this section, in section 6111.14 of the Revised Code, or in	62918
rules adopted under division (G) of section 6111.03 of the Revised	62919
Code, no municipal corporation, county, public institution,	62920
corporation, or officer or employee thereof or other person shall	62921
provide or install sewerage or treatment works for sewage, sludge,	62922
or sludge materials disposal or treatment or make a change in any	62923
sewerage or treatment works until the plans therefor have been	62924
submitted to and approved by the director of environmental	62925
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	62926
to sewerage and treatment works of a municipal corporation or part	62927
thereof, an unincorporated community, a county sewer district, or	62928
other land outside of a municipal corporation or any publicly or	62929
privately owned building or group of buildings or place, used for	62930
the assemblage, entertainment, recreation, education, correction,	62931
hospitalization, housing, or employment of persons.	62932

In granting an approval, the director may stipulate	62933
modifications, conditions, and rules that the public health and	62934
prevention of pollution may require. Any action taken by the	62935
director shall be a matter of public record and shall be entered	62936
in the director's journal. Each period of thirty days that a	62937
violation of this section continues, after a conviction for the	62938
violation, constitutes a separate offense.	62939

(B) Sections 6111.45 and 6111.46 of the Revised Code and	62940
division (A) of this section do not apply to any of the following:	62941

(1) Sewerage or treatment works for sewage installed or to be	62942
installed for the use of a private residence or dwelling;	62943

(2) Sewerage systems, treatment works, or disposal systems	62944
for storm water from an animal feeding facility or manure, as	62945
"animal feeding facility" and "manure" are defined in section	62946
903.01 of the Revised Code;	62947

(3) Animal waste treatment or disposal works and related	62948
management and conservation practices that are subject to rules	62949
adopted under division (E)(2) of section 1511.02 of the Revised	62950
Code;	62951

(4) Sewerage or treatment works for the on-lot disposal or	62952
treatment of sewage from a small flow on-site sewage treatment	62953
system, as defined in section 3718.01 of the Revised Code, if the	62954
board of health of a city or general health district has notified	62955
the director of health and the director of environmental	62956
protection under section 3718.021 of the Revised Code that the	62957
board has chosen to regulate the system, provided that the board	62958
remains in compliance with the rules adopted under division	62959
(A)(13) of section 3718.02 of the Revised Code.	62960

The exclusions established in divisions (B)(2) and (3) of	62961
this section do not apply to the construction or installation of	62962
disposal systems, as defined in section 6111.01 of the Revised	62963
Code, that are located at an animal feeding facility and that	62964
store, treat, or discharge wastewaters that do not include storm	62965
water or manure or that discharge to a publicly owned treatment	62966
works.	62967

Section 120.04. That existing sections 711.001, 711.05,	62968
711.10, 711.131, 4736.01, 6111.04, and 6111.44 of the Revised Code	62969
are hereby repealed.	62970

Section 120.05. Sections 120.03 and 120.04 take effect on	62971
July 1, 2009.	62972

Section 130.01. As is more completely explained in Sections	62973
130.02 and 130.03 that follow, this act, pursuant to Section	62974
611.03 of Am. Sub. H.B. 66 of the 126th General Assembly, confirms	62975
and orders implementation of the amendments and the enactment	62976
referred to in Section 611.03, the taking effect of which	62977
amendments and enactment by Am. Sub. H.B. 66 was postponed in	62978
whole or in part by Section 611.03 pending this confirmation and	62979
order.	62980

Section 130.02. (A)(1) Sections 3111.19, 3313.12, and 4117.08	62981
of the Revised Code are presented in division (B) of this section	62982
solely for the purpose of confirming the sections and ordering	62983
their implementation as they result from Am. Sub. H.B. 66 of the	62984
126th General Assembly. No other action is being taken with regard	62985
to these sections.	62986

(2) Section 9.833 of the Revised Code is presented in	62987
division (B) of this section for the purpose of confirming the	62988
section and ordering its implementation as it results from Am.	62989
Sub. H.B. 46 and Am. Sub. H.B. 66, both of the 126th General	62990
Assembly, and of amending the section to read as directed by this	62991
act. Section 9.90 of the Revised Code is presented in division (B)	62992
of this section for the purposes of confirming the section and	62993
ordering its implementation as it results from Am. Sub. H.B. 66	62994
and Sub. H.B. 193 of the 126th General Assembly and of amending	62995
the section to read as directed by this act. Section 9.901 of the	62996
Revised Code is presented in division (B) of this section for the	62997
purposes of confirming the section and ordering its complete	62998
implementation as it results from Am. Sub. H.B. 66 of the 126th	62999
General Assembly and as it was subsequently amended by Am. Sub.	63000
H.B. 530 of the 126th General Assembly and of amending the section	63001
to read as directed by this act. Sections 3313.202, 3313.33, and	63002
4117.03 of the Revised Code are presented in division (B) of this	63003
section for the purposes of confirming the sections and ordering	63004
their implementation as they result from Am. Sub. H.B. 66 of the	63005
126th General Assembly and of amending the sections to read as	63006
directed by this act.	63007

(B) Sections 9.833, 9.90, 9.901, 3311.19, 3313.12, 3313.202,	63008
3313.33, 4117.03, and 4117.08 of the Revised Code are presented in	63009
this division as explained in divisions (A)(1) and (2) of this	63010
section:	63011

Sec. 9.833. (A) As used in this section, "political	63012
subdivision" means a municipal corporation, township, county, or	63013
other body corporate and politic responsible for governmental	63014
activities in a geographic area smaller than that of the state,	63015
and agencies and instrumentalities of these entities. ~~For purposes~~	63016
~~of this section, a school district is not a "political~~	63017
~~subdivision."~~	63018

(B) Political subdivisions that provide health care benefits	63019
for their officers or employees may do any of the following:	63020

(1) Establish and maintain an individual self-insurance	63021
program with public moneys to provide authorized health care	63022
benefits, including but not limited to, health care, prescription	63023
drugs, dental care, and vision care, in accordance with division	63024
(C) of this section;	63025

(2) Establish and maintain a health savings account program	63026
whereby employees or officers may establish and maintain health	63027
savings accounts in accordance with section 223 of the Internal	63028
Revenue Code. Public moneys may be used to pay for or fund	63029
federally qualified high deductible health plans that are linked	63030
to health savings accounts or to make contributions to health	63031
savings accounts. A health savings account program may be a part	63032
of a self-insurance program.	63033

(3) After establishing an individual self-insurance program,	63034
agree with other political subdivisions that have established	63035
individual self-insurance programs for health care benefits, that	63036
their programs will be jointly administered in a manner specified	63037
in the agreement;	63038

(4) Pursuant to a written agreement and in accordance with	63039
division (C) of this section, join in any combination with other	63040
political subdivisions to establish and maintain a joint	63041
self-insurance program to provide health care benefits;	63042

(5) Pursuant to a written agreement, join in any combination	63043
with other political subdivisions to procure or contract for	63044
policies, contracts, or plans of insurance to provide health care	63045
benefits, which may include a health savings account program, for	63046
their officers and employees subject to the agreement;	63047

(6) Use in any combination any of the policies, contracts,	63048
plans, or programs authorized under this division.	63049

(C) Except as otherwise provided in division (E) of this	63050
section, the following apply to individual or joint self-insurance	63051
programs established pursuant to this section:	63052

(1) Such funds shall be reserved as are necessary, in the	63053
exercise of sound and prudent actuarial judgment, to cover	63054
potential cost of health care benefits for the officers and	63055
employees of the political subdivision. A report of amounts so	63056
reserved and disbursements made from such funds, together with a	63057
written report of a member of the American academy of actuaries	63058
certifying whether the amounts reserved conform to the	63059
requirements of this division, are computed in accordance with	63060
accepted loss reserving standards, and are fairly stated in	63061
accordance with sound loss reserving principles, shall be prepared	63062
and maintained, within ninety days after the last day of the	63063
fiscal year of the entity for which the report is provided for	63064
that fiscal year, in the office of the program administrator	63065
described in division (C)(3) of this section.	63066

The report required by division (C)(1) of this section shall	63067
include, but not be limited to, disbursements made for the	63068
administration of the program, including claims paid, costs of the	63069
legal representation of political subdivisions and employees, and	63070
fees paid to consultants.	63071

The program administrator described in division (C)(3) of	63072
this section shall make the report required by this division	63073
available for inspection by any person at all reasonable times	63074
during regular business hours, and, upon the request of such	63075
person, shall make copies of the report available at cost within a	63076
reasonable period of time.	63077

(2) Each political subdivision shall reserve funds necessary	63078
for an individual or joint self-insurance program in a special	63079
fund that may be established for political subdivisions other than	63080
an agency or instrumentality pursuant to an ordinance or	63081
resolution of the political subdivision and not subject to section	63082
5705.12 of the Revised Code. An agency or instrumentality shall	63083
reserve the funds necessary for an individual or joint	63084
self-insurance program in a special fund established pursuant to a	63085
resolution duly adopted by the agency's or instrumentality's	63086
governing board. The political subdivision may allocate the costs	63087
of insurance or any self-insurance program, or both, among the	63088
funds or accounts established under this division on the basis of	63089
relative exposure and loss experience.	63090

(3) A contract may be awarded, without the necessity of	63091
competitive bidding, to any person, political subdivision,	63092
nonprofit corporation organized under Chapter 1702. of the Revised	63093
Code, or regional council of governments created under Chapter	63094
167. of the Revised Code for purposes of administration of an	63095
individual or joint self-insurance program. No such contract shall	63096
be entered into without full, prior, public disclosure of all	63097
terms and conditions. The disclosure shall include, at a minimum,	63098
a statement listing all representations made in connection with	63099
any possible savings and losses resulting from the contract, and	63100
potential liability of any political subdivision or employee. The	63101
proposed contract and statement shall be disclosed and presented	63102
at a meeting of the political subdivision not less than one week	63103
prior to the meeting at which the political subdivision authorizes	63104
the contract.	63105

A contract awarded to a nonprofit corporation or a regional	63106
council of governments under this division may provide that all	63107
employees of the nonprofit corporation or regional council of	63108
governments and the employees of all entities related to the	63109
nonprofit corporation or regional council of governments may be	63110
covered by the individual or joint self-insurance program under	63111
the terms and conditions set forth in the contract.	63112

(4) The individual or joint self-insurance program shall	63113
include a contract with a member of the American academy of	63114
actuaries for the preparation of the written evaluation of the	63115
reserve funds required under division (C)(1) of this section.	63116

(5) A joint self-insurance program may allocate the costs of	63117
funding the program among the funds or accounts established under	63118
this division to the participating political subdivisions on the	63119
basis of their relative exposure and loss experience.	63120

(6) An individual self-insurance program may allocate the	63121
costs of funding the program among the funds or accounts	63122
established under this division to the political subdivision that	63123
established the program.	63124

(7) Two or more political subdivisions may also authorize the	63125
establishment and maintenance of a joint health care cost	63126
containment program, including, but not limited to, the employment	63127
of risk managers, health care cost containment specialists, and	63128
consultants, for the purpose of preventing and reducing health	63129
care costs covered by insurance, individual self-insurance, or	63130
joint self-insurance programs.	63131

(8) A political subdivision is not liable under a joint	63132
self-insurance program for any amount in excess of amounts payable	63133
pursuant to the written agreement for the participation of the	63134
political subdivision in the joint self-insurance program. Under a	63135
joint self-insurance program agreement, a political subdivision	63136
may, to the extent permitted under the written agreement, assume	63137
the risks of any other political subdivision. A joint	63138
self-insurance program established under this section is deemed a	63139
separate legal entity for the public purpose of enabling the	63140
members of the joint self-insurance program to obtain insurance or	63141
to provide for a formalized, jointly administered self-insurance	63142
fund for its members. An entity created pursuant to this section	63143
is exempt from all state and local taxes.	63144

(9) Any political subdivision, other than an agency or	63145
instrumentality, may issue general obligation bonds, or special	63146
obligation bonds that are not payable from real or personal	63147
property taxes, and may also issue notes in anticipation of such	63148
bonds, pursuant to an ordinance or resolution of its legislative	63149
authority or other governing body for the purpose of providing	63150
funds to pay expenses associated with the settlement of claims,	63151
whether by way of a reserve or otherwise, and to pay the political	63152
subdivision's portion of the cost of establishing and maintaining	63153
an individual or joint self-insurance program or to provide for	63154
the reserve in the special fund authorized by division (C)(2) of	63155
this section.	63156

In its ordinance or resolution authorizing bonds or notes	63157
under this section, a political subdivision may elect to issue	63158
such bonds or notes under the procedures set forth in Chapter 133.	63159
of the Revised Code. In the event of such an election,	63160
notwithstanding Chapter 133. of the Revised Code, the maturity of	63161
the bonds may be for any period authorized in the ordinance or	63162
resolution not exceeding twenty years, which period shall be the	63163
maximum maturity of the bonds for purposes of section 133.22 of	63164
the Revised Code.	63165

Bonds and notes issued under this section shall not be	63166
considered in calculating the net indebtedness of the political	63167
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	63168
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	63169
hereby made applicable to bonds or notes authorized under this	63170
section.	63171

(10) A joint self-insurance program is not an insurance	63172
company. Its operation does not constitute doing an insurance	63173
business and is not subject to the insurance laws of this state.	63174

(D) A political subdivision may procure group life insurance	63175
for its employees in conjunction with an individual or joint	63176
self-insurance program authorized by this section, provided that	63177
the policy of group life insurance is not self-insured.	63178

(E) Divisions (C)(1), (2), and (4) of this section do not	63179
apply to individual self-insurance programs in municipal	63180
corporations, townships, or counties.	63181

(F) A public official or employee of a political subdivision	63182
who is or becomes a member of the governing body of the program	63183
administrator of a joint self-insurance program in which the	63184
political subdivision participates is not in violation of division	63185
(D) or (E) of section 102.03, division (C) of section 102.04, or	63186
section 2921.42 of the Revised Code as a result of either of the	63187
following:	63188

(1) The political subdivision's entering under this section	63189
into the written agreement to participate in the joint	63190
self-insurance program;	63191

(2) The political subdivision's entering under this section	63192
into any other contract with the joint self-insurance program.	63193

Sec. 9.90. (A) The governing board of any public institution	63194
of higher education, including without limitation state	63195
universities and colleges, community college districts, university	63196
branch districts, technical college districts, and municipal	63197
universities, may, in addition to all other powers provided in the	63198
Revised Code:	63199

(1) Contract for, purchase, or otherwise procure from an	63200
insurer or insurers licensed to do business by the state of Ohio	63201
for or on behalf of such of its employees as it may determine,	63202
life insurance, or sickness, accident, annuity, endowment, health,	63203
medical, hospital, dental, or surgical coverage and benefits, or	63204
any combination thereof, by means of insurance plans or other	63205
types of coverage, family, group or otherwise, and may pay from	63206
funds under its control and available for such purpose all or any	63207
portion of the cost, premium, or charge for such insurance,	63208
coverage, or benefits. However, the governing board, in addition	63209
to or as an alternative to the authority otherwise granted by	63210
division (A)(1) of this section, may elect to procure coverage for	63211
health care services, for or on behalf of such of its employees as	63212
it may determine, by means of policies, contracts, certificates,	63213
or agreements issued by at least two health insuring corporations	63214
holding a certificate of authority under Chapter 1751. of the	63215
Revised Code and may pay from funds under the governing board's	63216
control and available for such purpose all or any portion of the	63217
cost of such coverage.	63218

(2) Make payments to a custodial account for investment in	63219
regulated investment company stock for the purpose of providing	63220
retirement benefits as described in section 403(b)(7) of the	63221
Internal Revenue Code of 1954, as amended. Such stock shall be	63222
purchased only from persons authorized to sell such stock in this	63223
state.	63224

Any income of an employee deferred under divisions (A)(1) and	63225
(2) of this section in a deferred compensation program eligible	63226
for favorable tax treatment under the Internal Revenue Code of	63227
1954, as amended, shall continue to be included as regular	63228
compensation for the purpose of computing the contributions to and	63229
benefits from the retirement system of such employee. Any sum so	63230
deferred shall not be included in the computation of any federal	63231
and state income taxes withheld on behalf of any such employee.	63232

(B) All or any portion of the cost, premium, or charge	63233
therefor may be paid in such other manner or combination of	63234
manners as the governing board may determine, including direct	63235
payment by the employee in cases under division (A)(1) of this	63236
section, and, if authorized in writing by the employee in cases	63237
under division (A)(1) or (2) of this section, by such governing	63238
board with moneys made available by deduction from or reduction in	63239
salary or wages or by the foregoing of a salary or wage increase.	63240
Nothing in section 3917.01 or section 3917.06 of the Revised Code	63241
shall prohibit the issuance or purchase of group life insurance	63242
authorized by this section by reason of payment of premiums	63243
therefor by the governing board from its funds, and such group	63244
life insurance may be so issued and purchased if otherwise	63245
consistent with the provisions of sections 3917.01 to 3917.07 of	63246
the Revised Code.	63247

(C) The board of education of any school district may	63248
exercise any of the powers granted to the governing boards of	63249
public institutions of higher education under divisions (A) and	63250
(B) of this section, except in relation to the provision of health	63251
care benefits to employees. All health care benefits provided to	63252
persons employed by the public schools of this state shall be	63253
~~medical~~health care plans ~~designed~~that contain best practices	63254
established by the school employees health care board pursuant to	63255
section 9.901 of the Revised Code.	63256

Sec. 9.901. (A)(1) All health care benefits provided to	63257
persons employed by the public ~~schools~~school districts of this	63258
state shall be provided by ~~medical~~health care plans ~~designed~~that	63259
contain best practices established pursuant to this section by the	63260
school employees health care board. ~~The board, in consultation~~	63261
~~with the superintendent of insurance, shall negotiate with and, in~~	63262
~~accordance with the competitive selection procedures of Chapter~~	63263
~~125. of the Revised Code, contract with one or more insurance~~	63264
~~companies authorized to do business in this state for the issuance~~	63265
~~of the plans.~~Twelve months after the release of best practices by	63266
the board all policies or contracts for health care benefits	63267
provided to public school district employees that are issued or	63268
renewed after the expiration of any applicable collective	63269
bargaining agreement must contain best practices established	63270
pursuant to this section by the board. Any or all of the ~~medical~~	63271
health care plans ~~designed~~that contain best practices specified	63272
by the board may be self-insured. ~~All self-insured plans adopted~~	63273
~~shall be administered by the board in accordance with this~~	63274
~~section.~~ As used in this section, a "public school district" means	63275
~~a school in~~ a city, local, exempted village, or joint vocational	63276
school district, and includes the educational service centers	63277
associated with those ~~schools~~districts but not charter schools.	63278

(2) ~~Prior to soliciting proposals from insurance companies~~	63279
~~for the issuance of medical plans, the board shall determine what~~	63280
~~geographic regions exist in the state based on the availability of~~	63281
~~providers, networks, costs, and other factors relating to~~	63282
~~providing health care benefits. The board shall then determine~~	63283
~~what medical plans are offered by school districts and existing~~	63284
~~consortiums in the state. The board shall determine what medical~~	63285
~~plan offered by a school district or existing consortium in the~~	63286
~~region offers the lowest premium cost plan.~~	63287

~~(3) The board shall develop a request for proposals and~~	63288
~~solicit bids for medical plans for the school districts in a~~	63289
~~region similar to the existing plans. The board shall also~~	63290
~~determine the benefits offered by existing medical plans, the~~	63291
~~employees' costs, and the cost-sharing arrangements used by public~~	63292
~~schools participating in a consortium. The board shall determine~~	63293
~~what strategies are used by the existing medical plans to manage~~	63294
~~health care costs and shall study the potential benefits of state~~	63295
~~or regional consortiums of public schools offering multiple health~~	63296
~~care plans.~~	63297

~~(4)~~ As used in this section~~, a~~:

63298

(a) A "~~medical~~health care plan" includes group policies,	63299
contracts, and agreements that provide hospital, surgical, or	63300
medical expense coverage, including self-insured plans. A "~~medical~~	63301
health care plan" does not include an individual plan offered to	63302
the employees of a public school district, or a plan that provides	63303
coverage only for dental services, vision services, specific	63304
disease or accidents, or a hospital indemnity, medicare	63305
supplement, or other plan including a group voluntary plan that	63306
provides only supplemental benefits, paid for by the employees of	63307
a public school district.	63308

(b) A "health plan sponsor" means a public school district, a	63309
consortium of public school districts, or a council of	63310
governments.	63311

(B) The school employees health care board is hereby created.	63312
The school employees health care board shall consist of the	63313
following ~~nine~~twelve members and shall include individuals with	63314
experience with public school district benefit programs, health	63315
care industry providers, and ~~medical~~health care plan	63316
beneficiaries:	63317

(1) ~~Three~~Four members appointed by the governor, one of whom	63318
shall be representative of nonadministrative public school	63319
district employees;	63320

(2) ~~Three~~Four members appointed by the president of the	63321
senate, one of whom shall be representative of nonadministrative	63322
public school district employees;	63323

(3) ~~Three~~Four members appointed by the speaker of the house	63324
of representatives, one of whom shall be representative of	63325
nonadministrative public school district employees.	63326

A member of the school employees health care board shall not	63327
be employed by, represent, or in any way be affiliated with a	63328
private entity that is providing services to the board, an	63329
individual school district, employers, or employees in the state	63330
of Ohio.	63331

(C)(1) Members of the school employees health care board	63332
shall serve four-year terms~~; however, one of each of the initial~~	63333
~~members appointed under divisions (B)(1) to (3) of this section~~	63334
~~shall be appointed to a term of one year. The initial appointments~~	63335
~~under this section shall be made within forty-five days after~~	63336
~~September 29, 2005~~, but may be reappointed, except as otherwise	63337
specified in division (B) of this section.	63338

~~Members' terms shall end on the twenty-ninth day of~~	63339
~~September, but a~~A member shall continue to serve subsequent to	63340
the expiration of the member's term until a successor is	63341
appointed. Any vacancy occurring during a member's term shall be	63342
filled in the same manner as the original appointment, except that	63343
the person appointed to fill the vacancy shall be appointed to the	63344
remainder of the unexpired term.	63345

(2) Members shall ~~serve without~~receive compensation ~~but~~	63346
fixed pursuant to division (J) of section 124.15 of the Revised	63347
Code and shall be reimbursed from the school employees health care	63348
fund for actual and necessary expenses incurred in the performance	63349
of their official duties as members of the board.	63350

(3) Members may be removed by their appointing authority for	63351
misfeasance, malfeasance, incompetence, dereliction of duty, or	63352
other just cause.	63353

(D)(1) ~~The governor shall call the first meeting of the~~	63354
~~school employees health care board. At that meeting, and annually~~	63355
~~thereafter~~At the first meeting of the board after the first day	63356
of January of each calendar year, the board shall elect a	63357
chairperson and may elect members to other positions on the board	63358
as the board considers necessary or appropriate. The board shall	63359
meet at least ~~four~~nine times each calendar year and shall also	63360
meet at the call of the chairperson or ~~three~~four or more board	63361
members. The chairperson shall provide reasonable advance notice	63362
of the time and place of board meetings to all members.	63363

(2) A majority of the board constitutes a quorum for the	63364
transaction of business at a board meeting. A majority vote of the	63365
members present is necessary for official action.	63366

(E) The school employees health care board shall conduct its	63367
business at open meetings; however, the records of the board are	63368
not public records for purposes of section 149.43 of the Revised	63369
Code.	63370

(F) The school employees health care fund is hereby created	63371
in the state treasury. ~~The public schools shall pay all school~~	63372
~~employees health care board plan premiums in the manner prescribed~~	63373
~~by the school employees health care board to the board for deposit~~	63374
~~into the school employees health care fund. All~~The board shall	63375
use all funds in the school employees health care fund ~~shall be~~	63376
~~used~~ solely ~~for the provision of health care benefits to public~~	63377
~~schools employees pursuant to this section~~to carry out the	63378
provisions of this section and related administrative costs.	63379
~~Premiums received by the board or insurance companies contracted~~	63380
~~pursuant to division (A) of this section are not subject to any~~	63381
~~state insurance premium tax.~~	63382

(G) The school employees health care board shall do all of	63383
the following:	63384

(1) ~~Design multiple medical plans, including regional plans,~~	63385
~~to provide, in the board's judgment, the optimal combination of~~	63386
~~coverage, cost, choice, and stability of health cost benefits. The~~	63387
~~board may establish more than one tier of premium rates for any~~	63388
~~medical plan. The board shall establish regions as necessary for~~	63389
~~the implementation of the board's medical plans. Plans and premium~~	63390
~~rates may vary across the regions established by the board.~~	63391

~~(2) Set an aggregate goal for employee and employer portions~~	63392
~~of premiums for the board's medical plans so as to manage plan~~	63393
~~participation and encourage the use of value-based plan~~	63394
~~participation by employees;~~	63395

~~(3) Set employer and employee plan copayments, deductibles,~~	63396
~~exclusions, limitations, formularies, premium shares, and other~~	63397
~~responsibilities;~~	63398

~~(4) Include disease management and consumer education~~	63399
~~programs, to the extent that the board determines is appropriate,~~	63400
~~in all medical plans designed by the board, which programs shall~~	63401
~~include, but are not limited to, wellness programs and other~~	63402
~~measures designed to encourage the wise use of medical plan~~	63403
~~coverage. These programs are not services or treatments for~~	63404
~~purposes of section 3901.71 of the Revised Code.~~	63405

~~(5) Create and distribute to the governor, the speaker of the~~	63406
~~house of representatives, and the president of the senate, an~~	63407
~~annual report covering the plan background; plan coverage options;~~	63408
~~plan administration, including procedures for monitoring and~~	63409
~~managing objectives, scope, and methodology; plan operations;~~	63410
~~employee and employer contribution rates and the relationship~~	63411
~~between the rates and the school employees health care fund~~	63412
~~balance; a means to develop and maintain identity and evaluate~~	63413
~~alternative employee and employer cost-sharing strategies; an~~	63414
~~evaluation of the effectiveness of cost-saving services and~~	63415
~~programs; an evaluation of efforts to control and manage member~~	63416
~~eligibility and to insure that proper employee and employer~~	63417
~~contributions are remitted to the trust fund; efforts to prevent~~	63418
~~and detect fraud; and efforts to manage and monitor board~~	63419
~~contracts;~~Adopt and release a set of standards that shall be	63420
considered the best practices to which public school districts	63421
shall adhere in the selection and implementation of health care	63422
plans. The standards developed by the board shall not duplicate or	63423
conflict with existing requirements with which health insuring	63424
corporations and sickness and accident insurers must comply	63425
pursuant to Chapters 1751. and 3923. of the Revised Code.	63426

(2) Require that the plans the health plan sponsors	63427
administer make readily available to the public all cost and	63428
design elements of the plan;	63429

(3) Work with health plan sponsors through educational	63430
outlets and consultation;	63431

(4) Maintain a commitment to transparency and public access	63432
of its meetings and activity pursuant to division (E) of this	63433
section;	63434

(5) Promote cooperation among all organizations affected by	63435
this section in identifying the elements for the successful	63436
implementation of this section;	63437

(6) ~~Utilize~~Promote cost containment measures aligned with	63438
patient, plan, and provider management strategies in developing	63439
and managing ~~medical~~health care plans;	63440

(7) Prepare and disseminate to the public an annual report on	63441
the status of health plan sponsors' effectiveness in making	63442
progress to reduce the rate of increase in insurance premiums and	63443
employee out of pocket expenses, as well as progress in improving	63444
the health status of school district employees and their families.	63445

(H) The sections in Chapter 3923. of the Revised Code	63446
regulating public employee benefit plans are not applicable to the	63447
~~medical~~health care plans designed pursuant to this section.	63448

(I)~~(1) Public schools are not subject to this section prior~~	63449
~~to the release of medical plans designed pursuant to this section.~~	63450

~~(2) Prior to the school employees health care board's release~~	63451
~~of the board's initial medical plans, the~~The board ~~shall~~may	63452
contract with anone or more independent ~~consultant~~consultants to	63453
analyze costs related to employee health care benefits provided by	63454
existing public school district plans in this state. The	63455
~~consultant shall determine~~consultants may evaluate the benefits	63456
offered by existing ~~medical~~health care plans, the employees'	63457
costs, and the cost-sharing arrangements used by public ~~schools~~	63458
school districts either participating in a consortium or by other	63459
means. The ~~consultant shall determine~~consultants may evaluate	63460
what strategies are used by the existing ~~medical~~health care plans	63461
to manage health care costs ~~and shall study the potential benefits~~	63462
~~of state or regional consortiums of public schools offering~~	63463
~~multiple health care plans~~. Based on the findings of the analysis,	63464
the ~~consultant shall~~consultants may submit written	63465
recommendations to the board for the development and	63466
implementation of a successful ~~program~~best practices and programs	63467
for ~~pooling~~improving school districts' ~~purchasing power for the~~	63468
~~acquisition of employee medical~~health care plans. ~~The~~	63469
~~consultant's recommendations shall address, at a minimum, all of~~	63470
~~the following issues:~~	63471

~~(a) The establishment of regions for the provision of medical~~	63472
~~plans, based on the availability of providers and plans in the~~	63473
~~state at the time that the school employees health care board is~~	63474
~~established;~~	63475

~~(b) The use of regional preferred provider and closed panel~~	63476
~~plans, health savings accounts, and alternative medical plans, to~~	63477
~~stabilize both costs and the premiums charged school districts and~~	63478
~~district employees;~~	63479

~~(c) The development of a system to obtain eligibility data~~	63480
~~and data compiled pursuant to the "Consolidated Omnibus Budget~~	63481
~~Reconciliation Act of 1985 (COBRA)," 100 Stat. 227, 29 U.S.C.~~	63482
~~1161, as amended;~~	63483

~~(d) The use of the competitive bidding process for regional~~	63484
~~medical plans;~~	63485

~~(e) The development of a timeline planning for the design and~~	63486
~~use of board medical plans by not later than December 31, 2007;~~	63487

~~(f) The use of information on claims and costs and of~~	63488
~~information reported by districts pursuant to COBRA in analyzing~~	63489
~~administrative and premium costs;~~	63490

~~(g) The experience of states that have mandated statewide~~	63491
~~medical plans for public school employees, including the~~	63492
~~implementation strategies used by those states;~~	63493

~~(h) Recommended strategies for the use of first-year roll-in~~	63494
~~premiums in the transition from district medical plans to school~~	63495
~~employees health care board plans;~~	63496

~~(i) The option of allowing school districts to join an~~	63497
~~existing regional consortium as an alternative to school employees~~	63498
~~health care board plans;~~	63499

~~(j) Mandatory and optional coverages to be offered by the~~	63500
~~board's medical plans;~~	63501

~~(k) Potential risks to the state from the use of medical~~	63502
~~plans developed pursuant to this section;~~	63503

~~(l) Any legislation needed to ensure the long-term financial~~	63504
~~solvency and stability of a health care purchasing system;~~	63505

~~(m) The potential impacts of any changes to the existing~~	63506
~~purchasing structure on all of the following:~~	63507

~~(i) Existing health care pooling and consortiums;~~

63508

~~(ii) School district employees;~~

63509

~~(iii) Individual school districts.~~

63510

~~(n) Issues that could arise when school districts transition~~	63511
~~from the existing purchasing structure to a new purchasing~~	63512
~~structure;~~	63513

~~(o) Strategies available to the board in the creation of fund~~	63514
~~reserves and the need for stop-loss insurance coverage for~~	63515
~~catastrophic losses;~~	63516

~~(p) Any legislation needed to establish and maintain medical~~	63517
~~plans designed pursuant to this section. The consultant shall~~	63518
~~submit all legislative recommendations not later than December 31,~~	63519
~~2006, in writing, to the school employees health care board and to~~	63520
~~the governor, the speaker of the house of representatives, and the~~	63521
~~president of the senate.~~	63522

~~(3)~~(J) The public schools health care advisory committee is	63523
hereby created under the school employees health care board. The	63524
committee shall make recommendations to the school employees	63525
health care board related to the board's accomplishment of the	63526
duties assigned to the board under this section. The committee	63527
shall consist of eighteen members. The governor, the speaker of	63528
the house of representatives, and the president of the senate	63529
shall each appoint a representative from the Ohio education	63530
association, the Ohio school boards association, the Ohio	63531
association of school business officials, the Ohio association of	63532
health underwriters, an existing health care consortium serving	63533
public schools, and either a health insuring corporation, a	63534
sickness and accident insurer, or a third party administrator	63535
licensed to do business in Ohio and recommended by the Ohio	63536
association of health plans. The initial appointees shall be	63537
~~appointed to a one-year term not later than July 31, 2007, the~~	63538
~~members' term to begin on that date. Subsequent~~serve until	63539
December 31, 2007; subsequent one-year appointments, to commence	63540
on the ~~thirty-first day of July~~first day of January of each year	63541
thereafter, and shall be made in the same manner. A member shall	63542
continue to serve subsequent to the expiration of the member's	63543
term until the member's successor is appointed. Any vacancy	63544
occurring during a member's term shall be filled in the same	63545
manner as the original appointment, except that the person	63546
appointed to fill the vacancy shall be appointed to the remainder	63547
of the unexpired term. The ~~governor shall call the first meeting~~	63548
~~of each newly appointed committee. At that meeting the~~ board shall	63549
elect a chairperson who shall call the time and place of future	63550
committee meetings. Committee members are not subject to the	63551
conditions for eligibility set by division (B) of this section for	63552
members of the school employees health care board.	63553

~~(4) The school employees health care board shall submit a~~	63554
~~written study to the governor and the general assembly not later~~	63555
~~than January 31, 2007, of a plan to operate in compliance with~~	63556
~~this section, and on the governance of the school employees health~~	63557
~~care board. A copy of the board's plan of operation, including~~	63558
~~audit provisions, shall accompany the report on the board's~~	63559
~~governance and the report shall include the board's~~	63560
~~recommendations on any legislation needed to enforce the~~	63561
~~recommendations of the board on implementing the provisions of~~	63562
~~this section.~~	63563

~~(5) Not later than January 15, 2009, and not later than the~~	63564
~~same day of each subsequent year, the school employees health care~~	63565
~~board shall submit a written report to the governor and each~~	63566
~~member of the general assembly, which report evaluates the~~	63567
~~performance of school employees health care board medical plans~~	63568
~~during the previous year. Districts offering employee health care~~	63569
~~benefits through a plan offered by a consortium of two or more~~	63570
~~districts, or a consortium of one or more districts and one or~~	63571
~~more political subdivisions as defined in section 9.833 of the~~	63572
~~Revised Code, representing five thousand or more employees as of~~	63573
~~January 1, 2005, may request permission from the school employees~~	63574
~~health care board to continue offering consortium plans to the~~	63575
~~districts' employees at the discretion of the board. If the board~~	63576
~~grants permission, the permission is valid for only one year but~~	63577
~~may be renewed annually thereafter upon application to an approval~~	63578
~~of the board. The board shall grant initial or continued approval~~	63579
~~upon finding, based on an actuarial evaluation of the existing~~	63580
~~consortium plan offerings, that benefit design, premium costs,~~	63581
~~administrative cost, and other factors considered by the board are~~	63582
~~equivalent to or lower than comparable costs of the board's plan~~	63583
~~options offered to the local district. Age and gender adjustments,~~	63584
~~benefit comparison adjustments, and the total cost of the~~	63585
~~consortium plan, including administration, benefit cost, stop-loss~~	63586
~~insurance, and all other expenses or information requested by the~~	63587
~~board shall be presented to the board prior to the board's~~	63588
~~decision to allow a local district to continue to offer health~~	63589
~~care benefits under a consortium plan. A district shall not~~	63590
~~participate in the consortium plan once the district has chosen to~~	63591
~~offer plans designed by the board to the district's employees and~~	63592
~~begins premium payments for deposit into the school employees~~	63593
~~health care fund.~~	63594

~~(6)~~(K) The board may adopt rules for the enforcement of	63595
health plan sponsors' compliance with the best practices standards	63596
adopted by the board pursuant to this section.	63597

(L) Any districts providing ~~medical~~health care plan coverage	63598
for the employees of public ~~schools, or that have provided~~	63599
~~coverage within two years prior to September 29, 2005,~~school	63600
districts shall provide nonidentifiable aggregate claims data for	63601
the coverage to the school employees health care board ~~or the~~	63602
~~department of administrative services~~, without charge, within	63603
~~thirty~~sixty days after receiving a written request from the board	63604
~~or the department~~. The claims data shall include data relating to	63605
employee group benefit sets, demographics, and claims experience.	63606

~~(J)~~(M)(1) The school employees health care board may contract	63607
with other state agencies for services as the board deems	63608
necessary for the implementation and operation of this section,	63609
based on demonstrated experience and expertise in administration,	63610
management, data handling, actuarial studies, quality assurance,	63611
or for other needed services. The school employees health care	63612
board ~~shall~~may contract with the department of administrative	63613
services for central services until such time the board isdeems	63614
itself able to obtain such services from its own staff or from	63615
other sources. The board shall reimburse the department of	63616
administrative services for the reasonable cost of those services.	63617

~~(K) The board's administrative functions shall include, but~~	63618
~~are not limited to, the following:~~	63619

~~(1) Maintaining reserves in the school employees health care~~	63620
~~fund, reinsurance, and other measures that in the judgment of the~~	63621
~~board will result in the long-term stability and solvency of the~~	63622
~~medical plans designed by the board. The board shall bill school~~	63623
~~districts, in proportion to a district's premium payments to all~~	63624
~~premium payments paid into the school employees health care fund~~	63625
~~during the previous year, in order to maintain necessary reserves,~~	63626
~~reinsurance, and administrative and operating funds. Each school~~	63627
~~district contributing to a board medical plan shall share any~~	63628
~~losses due to the expense of claims paid by the plan. In the event~~	63629
~~of a loss, the board may bill each district an amount, in~~	63630
~~proportion to the district's premium payments to all premium~~	63631
~~payments paid into the school employees health care fund during~~	63632
~~the previous year, sufficient in total to cover the loss. The~~	63633
~~state is not liable for any obligations of the school employees~~	63634
~~health care board or the school employees health care fund, or for~~	63635
~~expenses of public schools or school districts related to the~~	63636
~~board's medical plans.~~	63637

~~(2) Providing health care information, wellness programs, and~~	63638
~~other preventive health care measures to medical plan~~	63639
~~beneficiaries, to the extent that the board determines to be~~	63640
~~appropriate;~~	63641

~~(3) Coordinating contracts for services related to the~~	63642
~~board's medical plans. Contracts shall be approved by the school~~	63643
~~employees health care board.~~	63644

~~(L)~~(2) The board shall hire staff as necessary to provide	63645
administrative support to the board and the public school employee	63646
health care plan program established by this section.	63647

(N) Not ~~less~~more than ninety days before coverage begins for	63648
public school district employees under ~~medical~~health care plans	63649
~~designed by~~containing best practices prescribed by the school	63650
employees health care board, a public school district's board of	63651
education shall provide detailed information about the ~~medical~~	63652
health care plans to the employees.	63653

~~(M)~~(O) Nothing in this section shall be construed as	63654
prohibiting public ~~schools or~~ school districts from consulting	63655
with and compensating insurance agents and brokers for	63656
professional services.	63657

~~(N) The department of administrative services shall report to~~	63658
~~the governor, the speaker of the house of representatives, and the~~	63659
~~president of the senate not later than April 30, 2007, on the~~	63660
~~feasibility of achieving all of the following:~~	63661

~~(1) Designing multiple medical plans to cover persons~~	63662
~~employed by public institutions of higher education that achieve~~	63663
~~an optimal combination of coverage, cost, choice, and stability,~~	63664
~~which plans include both state and regional preferred provider~~	63665
~~plans, set employee and employer premiums, and set employee plan~~	63666
~~copayments, deductibles, exclusions, limitations, formularies, and~~	63667
~~other responsibilities. For this purpose, "public institutions of~~	63668
~~higher education" include, without limitation, state universities~~	63669
~~and colleges, state community college districts, community college~~	63670
~~districts, university branch districts, technical college~~	63671
~~districts, and municipal universities.~~	63672

~~(2) Maintaining reserves, reinsurance, and other measures to~~	63673
~~insure the long-term stability and solvency of the medical plans;~~	63674

~~(3) Providing appropriate health care information, wellness~~	63675
~~programs, and other preventive health care measures to medical~~	63676
~~plan beneficiaries;~~	63677

~~(4) Coordinating contracts for services related to the~~	63678
~~medical plans.~~	63679

(P)(1) Pursuant to Chapter 117. of the Revised Code, the	63680
auditor of state shall conduct all necessary and required audits	63681
of the board. The auditor of state, upon request, also shall	63682
furnish to the board copies of audits of public school districts	63683
or consortia performed by the auditor of state.	63684

(2) Annually, the superintendent of insurance shall evaluate	63685
the performance of the school employee health care board best	63686
practices during the previous year and submit the results in	63687
writing to the governor and the general assembly. The	63688
superintendent also shall include in the audit of the health care	63689
plans of the health plan sponsors for which the superintendent has	63690
jurisdiction for a determination of adherence to the best	63691
practices established by the board.	63692

Sec. 3311.19. (A) The management and control of a joint	63693
vocational school district shall be vested in the joint vocational	63694
school district board of education. Where a joint vocational	63695
school district is composed only of two or more local school	63696
districts located in one county, or when all the participating	63697
districts are in one county and the boards of such participating	63698
districts so choose, the educational service center governing	63699
board of the county in which the joint vocational school district	63700
is located shall serve as the joint vocational school district	63701
board of education. Where a joint vocational school district is	63702
composed of local school districts of more than one county, or of	63703
any combination of city, local, or exempted village school	63704
districts or educational service centers, unless administration by	63705
the educational service center governing board has been chosen by	63706
all the participating districts in one county pursuant to this	63707
section, the board of education of the joint vocational school	63708
district shall be composed of one or more persons who are members	63709
of the boards of education from each of the city or exempted	63710
village school districts or members of the educational service	63711
centers' governing boards affected to be appointed by the boards	63712
of education or governing boards of such school districts and	63713
educational service centers. In such joint vocational school	63714
districts the number and terms of members of the joint vocational	63715
school district board of education and the allocation of a given	63716
number of members to each of the city and exempted village	63717
districts and educational service centers shall be determined in	63718
the plan for such district, provided that each such joint	63719
vocational school district board of education shall be composed of	63720
an odd number of members.	63721

(B) Notwithstanding division (A) of this section, a governing	63722
board of an educational service center that has members of its	63723
governing board serving on a joint vocational school district	63724
board of education may make a request to the joint vocational	63725
district board that the joint vocational school district plan be	63726
revised to provide for one or more members of boards of education	63727
of local school districts that are within the territory of the	63728
educational service district and within the joint vocational	63729
school district to serve in the place of or in addition to its	63730
educational service center governing board members. If agreement	63731
is obtained among a majority of the boards of education and	63732
governing boards that have a member serving on the joint	63733
vocational school district board of education and among a majority	63734
of the local school district boards of education included in the	63735
district and located within the territory of the educational	63736
service center whose board requests the substitution or addition,	63737
the state board of education may revise the joint vocational	63738
school district plan to conform with such agreement.	63739

(C) If the board of education of any school district or	63740
educational service center governing board included within a joint	63741
vocational district that has had its board or governing board	63742
membership revised under division (B) of this section requests the	63743
joint vocational school district board to submit to the state	63744
board of education a revised plan under which one or more joint	63745
vocational board members chosen in accordance with a plan revised	63746
under such division would again be chosen in the manner prescribed	63747
by division (A) of this section, the joint vocational board shall	63748
submit the revised plan to the state board of education, provided	63749
the plan is agreed to by a majority of the boards of education	63750
represented on the joint vocational board, a majority of the local	63751
school district boards included within the joint vocational	63752
district, and each educational service center governing board	63753
affected by such plan. The state board of education may revise the	63754
joint vocational school district plan to conform with the revised	63755
plan.	63756

(D) The vocational schools in such joint vocational school	63757
district shall be available to all youth of school age within the	63758
joint vocational school district subject to the rules adopted by	63759
the joint vocational school district board of education in regard	63760
to the standards requisite to admission. A joint vocational school	63761
district board of education shall have the same powers, duties,	63762
and authority for the management and operation of such joint	63763
vocational school district as is granted by law, except by this	63764
chapter and Chapters 124., 3317., 3323., and 3331. of the Revised	63765
Code, to a board of education of a city school district, and shall	63766
be subject to all the provisions of law that apply to a city	63767
school district, except such provisions in this chapter and	63768
Chapters 124., 3317., 3323., and 3331. of the Revised Code.	63769

(E) Where a governing board of an educational service center	63770
has been designated to serve as the joint vocational school	63771
district board of education, the educational service center	63772
superintendent shall be the executive officer for the joint	63773
vocational school district, and the governing board may provide	63774
for additional compensation to be paid to the educational service	63775
center superintendent by the joint vocational school district, but	63776
the educational service center superintendent shall have no	63777
continuing tenure other than that of educational service center	63778
superintendent. The superintendent of schools of a joint	63779
vocational school district shall exercise the duties and authority	63780
vested by law in a superintendent of schools pertaining to the	63781
operation of a school district and the employment and supervision	63782
of its personnel. The joint vocational school district board of	63783
education shall appoint a treasurer of the joint vocational school	63784
district who shall be the fiscal officer for such district and who	63785
shall have all the powers, duties, and authority vested by law in	63786
a treasurer of a board of education. Where a governing board of an	63787
educational service center has been designated to serve as the	63788
joint vocational school district board of education, such board	63789
may appoint the educational service center superintendent as the	63790
treasurer of the joint vocational school district.	63791

(F) Each member of a joint vocational school district board	63792
of education may be paid such compensation as the board provides	63793
by resolution, but it shall not exceed one hundred twenty-five	63794
dollars per member for each meeting attended plus mileage, at the	63795
rate per mile provided by resolution of the board, to and from	63796
meetings of the board.	63797

The board may provide by resolution for the deduction of	63798
amounts payable for benefits under section 3313.202 of the Revised	63799
Code.	63800

Each member of a joint vocational school district board may	63801
be paid such compensation as the board provides by resolution for	63802
attendance at an approved training program, provided that such	63803
compensation shall not exceed sixty dollars per day for attendance	63804
at a training program three hours or fewer in length and one	63805
hundred twenty-five dollars a day for attendance at a training	63806
program longer than three hours in length. However, no board	63807
member shall be compensated for the same training program under	63808
this section and section 3313.12 of the Revised Code.	63809

Sec. 3313.12. Each member of the educational service center	63810
governing board may be paid such compensation as the governing	63811
board provides by resolution, provided that any such compensation	63812
shall not exceed one hundred twenty-five dollars a day plus	63813
mileage both ways, at the rate per mile provided by resolution of	63814
the governing board, for attendance at any meeting of the board.	63815
Such compensation and the expenses of the educational service	63816
center superintendent, itemized and verified, shall be paid from	63817
the educational service center governing board fund upon vouchers	63818
signed by the president of the governing board.	63819

The board of education of any city, local, or exempted	63820
village school district may provide by resolution for compensation	63821
of its members, provided that such compensation shall not exceed	63822
one hundred twenty-five dollars per member for meetings attended.	63823
The board may provide by resolution for the deduction of amounts	63824
payable for benefits under section 3313.202 of the Revised Code.	63825

Each member of a district board or educational service center	63826
governing board may be paid such compensation as the respective	63827
board provides by resolution for attendance at an approved	63828
training program, provided that such compensation shall not exceed	63829
sixty dollars a day for attendance at a training program three	63830
hours or fewer in length and one hundred twenty-five dollars a day	63831
for attendance at a training program longer than three hours in	63832
length.	63833

Sec. 3313.202. Any elected or appointed member of the board	63834
of education of a school district and the dependent children and	63835
spouse of the member may be covered, at the option of the member,	63836
under any ~~medical~~health care plan ~~designed~~containing best	63837
practices prescribed by the school employees health care board	63838
under section 9.901 of the Revised Code. The member shall pay all	63839
premiums for that coverage. Payments for such coverage shall be	63840
made, in advance, in a manner prescribed by the school employees	63841
health care board. The member's exercise of an option to be	63842
covered under this section shall be in writing, announced at a	63843
regular public meeting of the board of education, and recorded as	63844
a public record in the minutes of the board.	63845

Sec. 3313.33. (A) Conveyances made by a board of education	63846
shall be executed by the president and treasurer thereof.	63847

(B) Except as provided in division (C) of this section, no	63848
member of the board shall have, directly or indirectly, any	63849
pecuniary interest in any contract of the board or be employed in	63850
any manner for compensation by the board of which the person is a	63851
member. No contract shall be binding upon any board unless it is	63852
made or authorized at a regular or special meeting of such board.	63853

(C) A member of the board may have a pecuniary interest in a	63854
contract of the board if all of the following apply:	63855

(1) The member's pecuniary interest in that contract is that	63856
the member is employed by a political subdivision,	63857
instrumentality, or agency of the state that is contracting with	63858
the board;	63859

(2) The member does not participate in any discussion or	63860
debate regarding the contract or vote on the contract;	63861

(3) The member files with the school district treasurer an	63862
affidavit stating the member's exact employment status with the	63863
political subdivision, instrumentality, or agency contracting with	63864
the board.	63865

(D) This section does not apply where a member of the board,	63866
being a shareholder of a corporation but not being an officer or	63867
director thereof, owns not in excess of five per cent of the stock	63868
of such corporation. If a stockholder desires to avail self of the	63869
exception, before entering upon such contract such person shall	63870
first file with the treasurer an affidavit stating the	63871
stockholder's exact status and connection with said corporation.	63872

This section does not apply where a member of the board	63873
elects to be covered by a ~~medical~~health care plan under section	63874
3313.202 of the Revised Code.	63875

Sec. 4117.03. (A) Public employees have the right to:

63876

(1) Form, join, assist, or participate in, or refrain from	63877
forming, joining, assisting, or participating in, except as	63878
otherwise provided in Chapter 4117. of the Revised Code, any	63879
employee organization of their own choosing;	63880

(2) Engage in other concerted activities for the purpose of	63881
collective bargaining or other mutual aid and protection;	63882

(3) Representation by an employee organization;

63883

(4) Bargain collectively with their public employers to	63884
determine wages, hours, terms and other conditions of employment	63885
and the continuation, modification, or deletion of an existing	63886
provision of a collective bargaining agreement, and enter into	63887
collective bargaining agreements;	63888

(5) Present grievances and have them adjusted, without the	63889
intervention of the bargaining representative, as long as the	63890
adjustment is not inconsistent with the terms of the collective	63891
bargaining agreement then in effect and as long as the bargaining	63892
representatives have the opportunity to be present at the	63893
adjustment.	63894

(B) Persons on active duty or acting in any capacity as	63895
members of the organized militia do not have collective bargaining	63896
rights.	63897

(C) Except as provided in division (D) of this section,	63898
nothing in Chapter 4117. of the Revised Code prohibits public	63899
employers from electing to engage in collective bargaining, to	63900
meet and confer, to hold discussions, or to engage in any other	63901
form of collective negotiations with public employees who are not	63902
subject to Chapter 4117. of the Revised Code pursuant to division	63903
(C) of section 4117.01 of the Revised Code.	63904

(D) A public employer shall not engage in collective	63905
bargaining or other forms of collective negotiations with the	63906
employees of county boards of elections referred to in division	63907
(C)(12) of section 4117.01 of the Revised Code.	63908

(E)~~(1)~~ Employees of public ~~school~~schools may bargain	63909
collectively for health care benefits; however, all health care	63910
benefits shall ~~be provided through~~include best practices	63911
prescribed by the school employees health care board ~~medical~~	63912
~~plans~~, in accordance with section 9.901 of the Revised Code. ~~If a~~	63913
~~school district provides its employees with health care benefits~~	63914
~~pursuant to collective bargaining, the employees shall be~~	63915
~~permitted to choose a plan option from among the school employees~~	63916
~~health care board plans agreed to during collective bargaining.~~	63917

~~(2) During collective bargaining, employees of public schools~~	63918
~~may agree to pay a higher percentage of the premium for health~~	63919
~~benefit coverage under the plans designed by the school employees~~	63920
~~health care board pursuant to section 9.901 of the Revised Code~~	63921
~~than the percentage designated as the employees' contribution~~	63922
~~level by the board. A collective bargaining agreement, however,~~	63923
~~shall not permit the employees to contribute a lesser percentage~~	63924
~~of the premium than that set as the employees' contribution level~~	63925
~~by the school employees health care board, unless, in so doing,~~	63926
~~the participating school board is able to remain in compliance~~	63927
~~with the aggregate goal set pursuant to division (G)(3) of section~~	63928
~~9.901 of the Revised Code.~~	63929

Sec. 4117.08. (A) All matters pertaining to wages, hours, or	63930
terms and other conditions of employment and the continuation,	63931
modification, or deletion of an existing provision of a collective	63932
bargaining agreement are subject to collective bargaining between	63933
the public employer and the exclusive representative, except as	63934
otherwise specified in this section and division (E) of section	63935
4117.03 of the Revised Code.	63936

(B) The conduct and grading of civil service examinations,	63937
the rating of candidates, the establishment of eligible lists from	63938
the examinations, and the original appointments from the eligible	63939
lists are not appropriate subjects for collective bargaining.	63940

(C) Unless a public employer agrees otherwise in a collective	63941
bargaining agreement, nothing in Chapter 4117. of the Revised Code	63942
impairs the right and responsibility of each public employer to:	63943

(1) Determine matters of inherent managerial policy which	63944
include, but are not limited to areas of discretion or policy such	63945
as the functions and programs of the public employer, standards of	63946
services, its overall budget, utilization of technology, and	63947
organizational structure;	63948

(2) Direct, supervise, evaluate, or hire employees;

63949

(3) Maintain and improve the efficiency and effectiveness of	63950
governmental operations;	63951

(4) Determine the overall methods, process, means, or	63952
personnel by which governmental operations are to be conducted;	63953

(5) Suspend, discipline, demote, or discharge for just cause,	63954
or lay off, transfer, assign, schedule, promote, or retain	63955
employees;	63956

(6) Determine the adequacy of the work force;

63957

(7) Determine the overall mission of the employer as a unit	63958
of government;	63959

(8) Effectively manage the work force;

63960

(9) Take actions to carry out the mission of the public	63961
employer as a governmental unit.	63962

The employer is not required to bargain on subjects reserved	63963
to the management and direction of the governmental unit except as	63964
affect wages, hours, terms and conditions of employment, and the	63965
continuation, modification, or deletion of an existing provision	63966
of a collective bargaining agreement. A public employee or	63967
exclusive representative may raise a legitimate complaint or file	63968
a grievance based on the collective bargaining agreement.	63969

Section 130.03. Section 611.03 of Am. Sub. H.B. 66 of the	63970
126th General Assembly is hereby repealed.	63971

Section 130.04. Existing sections 9.833, 9.90, 9.901,	63972
3313.202, 3313.33, and 4117.03 of the Revised Code are hereby	63973
repealed.	63974

Section 130.05. The Governor, the President of the Senate,	63975
and the Speaker of the House of Representatives each shall appoint	63976
one additional member to the School Employees Health Care Board	63977
created pursuant to section 9.901 of the Revised Code. The terms	63978
of these additional members as well as the terms of the current	63979
members shall end on December 31, 2010. Thereafter, terms of	63980
office shall be as specified in section 9.901 of the Revised Code	63981
as it results from its amendment by this act. The three additional	63982
members each shall be representative of nonadministrative public	63983
school employees.	63984

Section 201.01. Except as otherwise provided in this act,	63985
all appropriation items in this act are appropriated out of any	63986
moneys in the state treasury to the credit of the designated fund	63987
that are not otherwise appropriated. For all appropriations made	63988
in this act, the amounts in the first column are for fiscal year	63989
2008 and the amounts in the second column are for fiscal year	63990
2009.	63991

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

63992

General Services Fund Group

63993

4J8	889-601	CPA Education Assistance	$	325,000	$	325,000	63994
4K9	889-609	Operating Expenses	$	1,092,246	$	1,117,000	63995
TOTAL GSF General Services Fund							63996
Group			$	1,417,246	$	1,442,000	63997
TOTAL ALL BUDGET FUND GROUPS			$	1,417,246	$	1,442,000	63998

Section 205.10. ADJ ADJUTANT GENERAL

64000

General Revenue Fund

64001

GRF	745-401	Ohio Military Reserve	$	15,188	$	15,188	64002
GRF	745-404	Air National Guard	$	2,246,005	$	2,284,198	64003
GRF	745-407	National Guard Benefits	$	1,400,000	$	1,400,000	64004
GRF	745-409	Central Administration	$	4,295,778	$	4,460,069	64005
GRF	745-499	Army National Guard	$	5,064,836	$	5,169,368	64006
GRF	745-502	Ohio National Guard Unit Fund	$	102,973	$	102,973	64007
TOTAL GRF General Revenue Fund			$	13,124,780	$	13,431,796	64008

General Services Fund Group

64009

534	745-612	Property Operations/Management	$	534,304	$	534,304	64010
536	745-620	Camp Perry/Buckeye Inn Operations	$	1,202,970	$	1,202,970	64011
537	745-604	Ohio National Guard Facility Maintenance	$	269,826	$	269,826	64012
TOTAL GSF General Services Fund Group			$	2,007,100	$	2,007,100	64013

Federal Special Revenue Fund Group

64014

3E8	745-628	Air National Guard Agreement	$	14,100,000	$	14,906,820	64015
3R8	745-603	Counter Drug Operations	$	25,000	$	25,000	64016
341	745-615	Air National Guard Base Security	$	2,497,480	$	2,729,939	64017
342	745-616	Army National Guard Agreement	$	10,146,178	$	10,590,050	64018
TOTAL FED Federal Special Revenue Fund Group			$	26,768,658	$	28,251,809	64019

State Special Revenue Fund Group

64020

5U8	745-613	Community Match Armories	$	220,000	$	220,000	64021
528	745-605	Marksmanship Activities	$	128,600	$	128,600	64022
TOTAL SSR State Special Revenue Fund Group			$	348,600	$	348,600	64023

TOTAL ALL BUDGET FUND GROUPS

42,249,138

44,039,305

64024

NATIONAL GUARD BENEFITS

64025

The foregoing appropriation item 745-407, National Guard	64026
Benefits, shall be used for purposes of sections 5919.31 and	64027
5919.33 of the Revised Code, and for administrative costs of the	64028
associated programs.	64029

For active duty members of the Ohio National Guard who died	64030
after October 7, 2001, while performing active duty, the death	64031
benefit, pursuant to section 5919.33 of the Revised Code, shall be	64032
paid to the beneficiary or beneficiaries designated on the	64033
member's Servicemembers' Group Life Insurance Policy.	64034

STATE ACTIVE DUTY COSTS

64035

Of the foregoing appropriation item 745-409, Central	64036
Administration, $50,000 in each fiscal year shall be used for the	64037
purpose of paying expenses related to state active duty of members	64038
of the Ohio organized militia, in accordance with a proclamation	64039
of the Governor. Expenses include, but are not limited to, the	64040
cost of equipment, supplies, and services, as determined by the	64041
Adjutant General's Department.	64042

Of the foregoing appropriation item 745-409, Central	64043
Administration, up to $60,000 in each fiscal year of unspent and	64044
unencumbered funds remaining after meeting all other obligations	64045
of this appropriation shall be used for a grant to the American	64046
Red Cross Greater Columbus Chapter to be distributed equally to	64047
the Ohio chapters in existence on the effective date of this	64048
section. The funds from this grant shall be used for the Armed	64049
Forces Emergency Services program of the American Red Cross in	64050
Ohio to support members of the military and their families. Upon	64051
distribution of the funds, the American Red Cross Greater Columbus	64052
Chapter shall report to the Adjutant General on the actual	64053
distribution to the various chapters and any administrative costs	64054
associated with the distribution.	64055

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

64056

General Revenue Fund

64057

GRF	100-403	Public School Employee Benefits	$	1,425,000	$	1,425,000	64058
GRF	100-404	CRP Procurement Program	$	255,000	$	255,000	64059
GRF	100-405	Agency Audit Expenses	$	400,000	$	400,000	64060
GRF	100-406	County & University Human Resources Services	$	875,000	$	875,000	64061
GRF	100-410	Veterans' Records Conversion	$	46,170	$	46,171	64062
GRF	100-415	OAKS Rental Payments	$	14,162,000	$	14,165,000	64063
GRF	100-418	Web Sites and Business Gateway	$	3,270,473	$	3,270,083	64064
GRF	100-419	IT Security Infrastructure	$	1,500,000	$	1,500,000	64065
GRF	100-421	OAKS Project Implementation	$	375,000	$	375,000	64066
GRF	100-433	State of Ohio Computer Center	$	5,092,502	$	5,007,502	64067
GRF	100-439	Equal Opportunity Certification Programs	$	750,236	$	750,236	64068
GRF	100-447	OBA - Building Rent Payments	$	112,294,800	$	106,476,400	64069
GRF	100-448	OBA - Building Operating Payments	$	26,457,000	$	27,303,000	64070
GRF	100-449	DAS - Building Operating Payments	$	3,769,510	$	3,834,871	64071
GRF	100-451	Minority Affairs	$	52,927	$	52,927	64072
GRF	100-734	Major Maintenance - State Bldgs	$	42,000	$	42,000	64073
GRF	102-321	Construction Compliance	$	1,167,099	$	1,167,099	64074
GRF	130-321	State Agency Support Services	$	5,495,163	$	5,855,163	64075
TOTAL GRF General Revenue Fund			$	177,429,880	$	172,800,452	64076

General Services Fund Group

64077

112	100-616	DAS Administration	$	5,299,427	$	5,299,427	64078
115	100-632	Central Service Agency	$	860,878	$	928,403	64079
117	100-644	General Services Division - Operating	$	8,295,772	$	8,540,772	64080
122	100-637	Fleet Management	$	2,182,968	$	2,032,968	64081
125	100-622	Human Resources Division - Operating	$	19,890,614	$	20,560,614	64082
128	100-620	Collective Bargaining	$	3,464,533	$	3,662,534	64083
130	100-606	Risk Management Reserve	$	2,568,548	$	2,568,548	64084
131	100-639	State Architect's Office	$	7,348,483	$	7,544,164	64085
132	100-631	DAS Building Management	$	9,716,228	$	10,166,228	64086
133	100-607	IT Services Delivery	$	92,539,887	$	75,847,949	64087
188	100-649	Equal Opportunity Division - Operating	$	847,409	$	884,650	64088
201	100-653	General Services Resale Merchandise	$	1,553,000	$	1,553,000	64089
210	100-612	State Printing	$	5,681,421	$	5,436,421	64090
229	100-630	IT Governance	$	17,108,546	$	17,108,546	64091
4N6	100-617	Major IT Purchases	$	7,495,719	$	7,495,719	64092
4P3	100-603	DAS Information Services	$	4,793,190	$	4,958,218	64093
427	100-602	Investment Recovery	$	5,683,564	$	5,683,564	64094
5C2	100-605	MARCS Administration	$	11,069,291	$	11,069,291	64095
5C3	100-608	Skilled Trades	$	934,982	$	934,982	64096
5D7	100-621	Workforce Development	$	70,000	$	0	64097
5EB	100-635	OAKS Support Organization	$	19,132,671	$	19,132,671	64098
5L7	100-610	Professional Development	$	3,900,000	$	3,900,000	64099
5V6	100-619	Employee Educational Development	$	936,129	$	936,129	64100
5X3	100-634	Centralized Gateway Enhancement	$	974,023	$	974,023	64101
TOTAL GSF General Services Fund							64102
Group			$	232,347,283	$	217,218,821	64103

TOTAL ALL BUDGET FUND GROUPS

409,777,163

390,019,273

64104

Section 207.10.10. PUBLIC SCHOOL EMPLOYEE BENEFITS

64106

The foregoing appropriation item 100-403, Public School	64107
Employee Benefits, shall be used by the School Employees Health	64108
Care Board to hire staff to provide administrative support to the	64109
Board and other lawful uses of said fund as prescribed under	64110
section 9.901 of the Revised Code. This section succeeds Section	64111
203.12.02 of Am. Sub. H.B. 66 of the 126th General Assembly.	64112

Section 207.10.20. AGENCY AUDIT EXPENSES

64113

The foregoing appropriation item 100-405, Agency Audit	64114
Expenses, shall be used for auditing expenses designated in	64115
division (A)(1) of section 117.13 of the Revised Code for those	64116
state agencies audited on a biennial basis.	64117

Section 207.10.30. OAKS RENTAL PAYMENTS

64118

The foregoing appropriation item 100-415, OAKS Rental	64119
Payments, shall be used for payments for the period from July 1,	64120
2007, through June 30, 2009, pursuant to leases and agreements	64121
entered into under Chapter 125. of the Revised Code, as	64122
supplemented by Section 403.10 of Am. Sub. H.B. 530 of the 126th	64123
General Assembly with respect to financing the costs associated	64124
with the acquisition, development, installation, and	64125
implementation of the Ohio Administrative Knowledge System. If it	64126
is determined that additional appropriations are necessary for	64127
this purpose, the amounts are hereby appropriated.	64128

Section 207.10.40. BUILDING RENT PAYMENTS

64129

The foregoing appropriation item 100-447, OBA - Building Rent	64130
Payments, shall be used to meet all payments at the times they are	64131
required to be made during the period from July 1, 2007, to June	64132
30, 2009, by the Department of Administrative Services to the Ohio	64133
Building Authority pursuant to leases and agreements under Chapter	64134
152. of the Revised Code. These appropriations are the source of	64135
funds pledged for bond service charges on obligations issued	64136
pursuant to Chapter 152. of the Revised Code.	64137

The foregoing appropriation item 100-448, OBA - Building	64138
Operating Payments, shall be used to meet all payments at the	64139
times that they are required to be made during the period from	64140
July 1, 2007, to June 30, 2009, by the Department of	64141
Administrative Services to the Ohio Building Authority pursuant to	64142
leases and agreements under Chapter 152. of the Revised Code, but	64143
limited to the aggregate amount of $53,760,000.	64144

The payments to the Ohio Building Authority are for the	64145
purpose of paying the expenses of agencies that occupy space in	64146
the various state facilities. The Department of Administrative	64147
Services may enter into leases and agreements with the Ohio	64148
Building Authority providing for the payment of these expenses.	64149
The Ohio Building Authority shall report to the Department of	64150
Administrative Services and the Office of Budget and Management	64151
not later than five months after the start of a fiscal year the	64152
actual expenses incurred by the Ohio Building Authority in	64153
operating the facilities and any balances remaining from payments	64154
and rentals received in the prior fiscal year. The Department of	64155
Administrative Services shall reduce subsequent payments by the	64156
amount of the balance reported to it by the Ohio Building	64157
Authority.	64158

Section 207.10.50. DAS - BUILDING OPERATING PAYMENTS

64159

The foregoing appropriation item 100-449, DAS - Building	64160
Operating Payments, shall be used to pay the rent expenses of	64161
veterans organizations pursuant to section 123.024 of the Revised	64162
Code in fiscal years 2008 and 2009.	64163

The foregoing appropriation item, 100-449, DAS - Building	64164
Operating Payments, may be used to provide funding for the cost of	64165
property appraisals or building studies that the Department of	64166
Administrative Services may be required to obtain for property	64167
that is being sold by the state or property under consideration to	64168
be renovated or purchased by the state.	64169

Notwithstanding section 125.28 of the Revised Code, the	64170
remaining portion of the appropriation may be used to pay the	64171
operating expenses of state facilities maintained by the	64172
Department of Administrative Services that are not billed to	64173
building tenants. These expenses may include, but are not limited	64174
to, the costs for vacant space and space undergoing renovation,	64175
and the rent expenses of tenants that are relocated due to	64176
building renovations. These payments shall be processed by the	64177
Department of Administrative Services through intrastate transfer	64178
vouchers and placed in the Building Management Fund (Fund 132).	64179

Section 207.10.60. CENTRAL SERVICE AGENCY FUND

64180

The Department of Administrative Services shall not allocate	64181
annual costs for maintaining an automated application for the	64182
professional licensing boards and for the costs of supporting	64183
licensing functions in excess of the amounts supported by	64184
licensing and registration fees established for fiscal year 2007.	64185
The charges shall be billed to the professional licensing boards	64186
and deposited via intrastate transfer vouchers to the credit of	64187
the Central Service Agency Fund (Fund 115).	64188

Section 207.10.70. ELIMINATION OF THE VEHICLE LIABILITY FUND	64189
ASSETS	64190

(A) Effective July 1, 2007, the Vehicle Liability Fund (Fund	64191
127) is abolished and its functions, assets, and liabilities are	64192
transferred to the Risk Management Reserve Fund (Fund 130). The	64193
Risk Management Reserve Fund is thereupon and thereafter successor	64194
to, assumes the obligations of, and otherwise constitutes the	64195
continuation of the Vehicle Liability Fund.	64196

Any business commenced but not completed with regard to the	64197
Vehicle Liability Fund on July 1, 2007, shall be completed with	64198
regard to the Risk Management Reserve Fund, in the same manner,	64199
and with the same effect, as if completed with regard to the	64200
Vehicle Liability Fund. No validation, cure, right, privilege,	64201
remedy, obligation, or liability is lost or impaired by reason of	64202
the transfer and shall be administered with regard to the Risk	64203
Management Reserve Fund. All of the rules, orders, and	64204
determinations associated with the Vehicle Liability Fund continue	64205
in effect as rules, orders, and determinations associated with the	64206
Risk Management Reserve Fund, until modified or rescinded by the	64207
Director of Administrative Services. If necessary to ensure the	64208
integrity of the Administrative Code, the Director of the	64209
Legislative Service Commission shall renumber the rules relating	64210
to the Vehicle Liability Fund to reflect its transfer to the Risk	64211
Management Reserve Fund.	64212

(B) Employees paid from the Vehicle Liability Fund shall be	64213
transferred to the Risk Management Reserve Fund or dismissed.	64214
Employees paid from the Vehicle Liability Fund so dismissed cease	64215
to hold their positions of employment on July 1, 2007.	64216

(C) No judicial or administrative action or proceeding by	64217
which the Vehicle Liability Fund is affected that is pending on	64218
July 1, 2007, is affected by the transfer of functions under	64219
division (A) of this section. The action or proceeding shall be	64220
prosecuted or defended on behalf of the Risk Management Reserve	64221
Fund and the Risk Management Reserve Fund upon application to the	64222
court or agency shall be substituted for the Vehicle Liability	64223
Fund as affected by the action or proceeding.	64224

(D) On and after July 1, 2007, when the Vehicle Liability	64225
Fund is referred to in any statute, rule, contract, grant, or	64226
other document, the reference is hereby deemed to refer to the	64227
Risk Management Reserve Fund.	64228

Section 207.10.80. TRANSFER OF VEHICLE LIABILITY FUND ASSETS

64229

On and after July 1, 2007, notwithstanding any provision to	64230
the contrary, the Director of Budget and Management is authorized	64231
to take the actions and effectuate the budget changes made	64232
necessary by administrative reorganization, program transfers, the	64233
creation of new funds, and the consolidation of funds required for	64234
the transfer of the Vehicle Liability Fund Assets to the Risk	64235
Management Reserve Fund. The Director of Budget and Management may	64236
make any transfer of cash balances between funds. At the request	64237
of the Director of Budget and Management, the Director of	64238
Administrative Services shall certify to the Director of Budget	64239
and Management an estimate of the amount of the Vehicle Liability	64240
Fund cash balance to be transferred to the Risk Management Reserve	64241
Fund. The Director of Budget and Management may transfer the	64242
estimated amount when needed to make payments. Not more than	64243
thirty days after certifying the estimated amount, the Director of	64244
Administrative Services shall certify the final amount to the	64245
Director of Budget and Management. The Director of Budget and	64246
Management shall transfer the difference between any amount	64247
previously transferred and the certified final amount. The	64248
Director of Budget and Management may cancel encumbrances and	64249
re-establish encumbrances or parts of encumbrances of the Vehicle	64250
Liability Fund as needed in fiscal year 2008 in the Risk	64251
Management Reserve Fund for the same purposes. The appropriation	64252
authority necessary to re-establish such encumbrances in fiscal	64253
year 2008, as determined by the Director of Budget and Management,	64254
in appropriation item 100-606, Risk Management Reserve, is hereby	64255
appropriated. When re-established encumbrances or parts of	64256
re-established encumbrances of the Vehicle Liability Fund are	64257
canceled, the Director of Budget and Management shall reduce the	64258
appropriation for appropriation item 100-606, Risk Management	64259
Reserve, by the amount of the encumbrances canceled. The amounts	64260
canceled are hereby authorized. Any fiscal year 2007 unencumbered	64261
or unallotted appropriation for appropriation item 100-627,	64262
Vehicle Liability Insurance, may be transferred to appropriation	64263
item 100-606, Risk Management Reserve, to be used for the same	64264
purposes, as determined by the Director of Budget and Management.	64265
The amounts transferred are hereby appropriated.	64266

Section 207.10.90. COLLECTIVE BARGAINING ARBITRATION	64267
EXPENSES	64268

With approval of the Director of Budget and Management, the	64269
Department of Administrative Services may seek reimbursement from	64270
state agencies for the actual costs and expenses the department	64271
incurs in the collective bargaining arbitration process. The	64272
reimbursements shall be processed through intrastate transfer	64273
vouchers and placed in the Collective Bargaining Fund (Fund 128).	64274

Section 207.20.10. EQUAL OPPORTUNITY PROGRAM

64275

The Department of Administrative Services, with the approval	64276
of the Director of Budget and Management, shall establish charges	64277
for recovering the costs of administering the activities supported	64278
by the State EEO Fund (Fund 188). These charges shall be deposited	64279
to the credit of the State EEO Fund (Fund 188) upon payment made	64280
by state agencies, state-supported or state-assisted institutions	64281
of higher education, and tax-supported agencies, municipal	64282
corporations, and other political subdivisions of the state, for	64283
services rendered.	64284

Section 207.20.20. MERCHANDISE FOR RESALE

64285

The foregoing appropriation item 100-653, General Services	64286
Resale Merchandise, shall be used to account for merchandise for	64287
resale, which is administered by the General Services Division.	64288
Deposits to the fund may comprise the cost of merchandise for	64289
resale and shipping fees.	64290

Section 207.20.30. DAS INFORMATION SERVICES

64291

There is hereby established in the State Treasury the DAS	64292
Information Services Fund. The foregoing appropriation item	64293
100-603, DAS Information Services, shall be used to pay the costs	64294
of providing information systems and services in the Department of	64295
Administrative Services.	64296

The Department of Administrative Services shall establish	64297
user charges for all information systems and services that are	64298
allowable in the statewide indirect cost allocation plan submitted	64299
annually to the United States Department of Health and Human	64300
Services. These charges shall comply with federal regulations and	64301
shall be deposited to the credit of the DAS Information Services	64302
Fund (Fund 4P3).	64303

Section 207.20.40. INVESTMENT RECOVERY FUND

64304

Notwithstanding division (B) of section 125.14 of the Revised	64305
Code, cash balances in the Investment Recovery Fund (Fund 427) may	64306
be used to support the operating expenses of the Federal Surplus	64307
Operating Program created in sections 125.84 to 125.90 of the	64308
Revised Code.	64309

Notwithstanding division (B) of section 125.14 of the Revised	64310
Code, cash balances in the Investment Recovery Fund may be used to	64311
support the operating expenses of the Asset Management Services	64312
Program, including, but not limited to, the cost of establishing	64313
and maintaining procedures for inventory records for state	64314
property as described in section 125.16 of the Revised Code.	64315

Of the foregoing appropriation item 100-602, Investment	64316
Recovery, up to $2,271,209 in fiscal year 2008 and up to	64317
$2,353,372 in fiscal year 2009 shall be used to pay the operating	64318
expenses of the State Surplus Property Program, the Surplus	64319
Federal Property Program, and the Asset Management Services	64320
Program under Chapter 125. of the Revised Code and this section.	64321
If additional appropriations are necessary for the operations of	64322
these programs, the Director of Administrative Services shall seek	64323
increased appropriations from the Controlling Board under section	64324
131.35 of the Revised Code.	64325

Of the foregoing appropriation item 100-602, Investment	64326
Recovery, $3,412,355 in fiscal year 2008 and $3,330,192 in fiscal	64327
year 2009 shall be used to transfer proceeds from the sale of	64328
surplus property from the Investment Recovery Fund to non-General	64329
Revenue Funds under division (A)(2) of section 125.14 of the	64330
Revised Code. If it is determined by the Director of	64331
Administrative Services that additional appropriations are	64332
necessary for the transfer of such sale proceeds, the Director of	64333
Administrative Services may request the Director of Budget and	64334
Management to increase the amounts. Such amounts are hereby	64335
appropriated.	64336

Notwithstanding division (B) of section 125.14 of the Revised	64337
Code, the Director of Budget and Management, at the request of the	64338
Director of Administrative Services, shall transfer up to $500,000	64339
of the amounts held for transfer to the General Revenue Fund from	64340
the Investment Recovery Fund to the State Architect's Fund (Fund	64341
131) to provide operating cash.	64342

Section 207.20.50. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

64343

Effective with the implementation of the Multi-Agency Radio	64344
Communications System, the State Chief Information Officer shall	64345
collect user fees from participants in the system. The State Chief	64346
Information Officer, with the advice of the Multi-Agency Radio	64347
Communications System Steering Committee and the Director of	64348
Budget and Management, shall determine the amount of the fees and	64349
the manner by which the fees shall be collected. Such user charges	64350
shall comply with the applicable cost principles issued by the	64351
federal Office of Management and Budget. All moneys from user	64352
charges and fees shall be deposited in the state treasury to the	64353
credit of the Multi-Agency Radio Communications System	64354
Administration Fund (Fund 5C2), which is hereby established in the	64355
state treasury. All interest income derived from the investment of	64356
the fund shall accrue to the fund.	64357

Section 207.20.60. WORKFORCE DEVELOPMENT FUND

64358

There is hereby established in the state treasury the	64359
Workforce Development Fund (Fund 5D7). The foregoing appropriation	64360
item 100-621, Workforce Development, shall be used to make	64361
payments from the fund. The fund shall be under the supervision of	64362
the Department of Administrative Services, which may adopt rules	64363
with regard to administration of the fund. The fund shall be used	64364
to pay the costs of any remaining obligations of the Workforce	64365
Development Program, in accordance with Article 37 of the contract	64366
between the State of Ohio and OCSEA/AFSCME, Local 11, abolished	64367
effective March 1, 2006. These costs include, but are not limited	64368
to, remaining grant obligations, payments for tuition	64369
reimbursement, contracted services and general overhead, and any	64370
settlement costs associated with the Statewide Cost Allocation	64371
Program (SWCAP). The program shall be administered in accordance	64372
with the contract. Revenues shall accrue to the fund as specified	64373
in the contract. The fund may be used to pay direct and indirect	64374
costs of the program that are attributable to staff, consultants,	64375
and service providers. All income derived from the investment of	64376
the fund shall accrue to the fund.	64377

If it is determined by the Director of Administrative	64378
Services that additional appropriation amounts are necessary, the	64379
Director of Administrative Services may request that the Director	64380
of Budget and Management increase such amounts. Such amounts are	64381
hereby appropriated.	64382

Section 207.20.70. OAKS SUPPORT ORGANIZATION

64383

The foregoing appropriation item 100-635, OAKS Support	64384
Organization, shall be used by the Office of Information	64385
Technology to support the operating costs associated with the	64386
implementation and maintenance of the state's enterprise resource	64387
planning system, OAKS, consistent with its responsibilities under	64388
this section and Chapters 125. and 126. of the Revised Code. The	64389
OAKS Support Organization shall operate and maintain the human	64390
capital management and financial management modules of the state's	64391
enterprise resource planning system to support statewide human	64392
resources and financial management activities administered by the	64393
Department of Administrative Services' human resources division	64394
and the Office of Budget and Management. The OAKS Support	64395
Organization shall recover the costs to establish, operate, and	64396
maintain the OAKS system through intrastate transfer voucher	64397
billings to the Department of Administrative Services and the	64398
Office of Budget and Management. Effective July 1, 2007, the	64399
Department of Administrative Services, with the approval of the	64400
Director of Budget and Management, shall include the recovery of	64401
the costs of administering the human capital management module of	64402
the OAKS System within the human resources services payroll rate.	64403
These revenues shall be deposited to the credit of the Human	64404
Resources Services Fund (Fund 125). Amounts deposited under this	64405
section are hereby appropriated to appropriation item 100-622,	64406
Human Resources Division-Operating. Not less than quarterly, the	64407
Department of Administrative Services shall process the intrastate	64408
transfer billings to transfer cash from the Human Resources	64409
Services Fund (Fund 125) to the OAKS Support Organization Fund	64410
(Fund 5EB) to pay for the OAKS Support Organization costs.	64411

Section 207.20.80. PROFESSIONAL DEVELOPMENT FUND

64412

The foregoing appropriation item 100-610, Professional	64413
Development, shall be used to make payments from the Professional	64414
Development Fund (Fund 5L7) under section 124.182 of the Revised	64415
Code.	64416

Section 207.20.90. EMPLOYEE EDUCATIONAL DEVELOPMENT

64417

There is hereby established in the state treasury the	64418
Employee Educational Development Fund (Fund 5V6). The foregoing	64419
appropriation item 100-619, Employee Educational Development,	64420
shall be used to make payments from the fund. The fund shall be	64421
used to pay the costs of the administration of educational	64422
programs per existing collective bargaining agreements with	64423
District 1199, the Health Care and Social Service Union; State	64424
Council of Professional Educators; Ohio Education Association and	64425
National Education Association; the Fraternal Order of Police Ohio	64426
Labor Council, Unit 2; and the Ohio State Troopers Association,	64427
Units 1 and 15. The fund shall be under the supervision of the	64428
Department of Administrative Services, which may adopt rules with	64429
regard to administration of the fund. The fund shall be	64430
administered in accordance with the applicable sections of the	64431
collective bargaining agreements between the State and the	64432
aforementioned unions. The Department of Administrative Services,	64433
with the approval of the Director of Budget and Management, shall	64434
establish charges for recovering the costs of administering the	64435
educational programs. Receipts for these charges shall be	64436
deposited into the Employee Educational Development Fund. All	64437
income derived from the investment of the funds shall accrue to	64438
the fund.	64439

If it is determined by the Director of Administrative	64440
Services that additional appropriation amounts are necessary, the	64441
Director of Administrative Services may request that the Director	64442
of Budget and Management increase such amounts. Such amounts are	64443
hereby appropriated with the approval of the Director of Budget	64444
and Management.	64445

Section 207.30.10. CENTRALIZED GATEWAY ENHANCEMENTS FUND

64446

(A) As used in this section, "Ohio Business Gateway" refers	64447
to the internet-based system operated by the Office of Information	64448
Technology with the advice of the Ohio Business Gateway Steering	64449
Committee established under section 5703.57 of the Revised Code.	64450
The Ohio Business Gateway is established to provide businesses a	64451
central web site where various filings and payments are submitted	64452
on-line to government. The information is then distributed to the	64453
various government entities that interact with the business	64454
community.	64455

(B) As used in this section:

64456

(1) "State Portal" refers to the official web site of the	64457
state, operated by the Office of Information Technology.	64458

(2) "Shared Hosting Environment" refers to the computerized	64459
system operated by the Office of Information Technology for the	64460
purpose of providing capability for state agencies to host web	64461
sites.	64462

(C) There is hereby created in the state treasury the	64463
Centralized Gateway Enhancements Fund (Fund 5X3). The foregoing	64464
appropriation item 100-634, Centralized Gateway Enhancements,	64465
shall be used by the Office of Information Technology to pay the	64466
costs of enhancing, expanding, and operating the infrastructure of	64467
the Ohio Business Gateway, State Portal, and Shared Hosting	64468
Environment. The State Chief Information Officer shall submit	64469
periodic spending plans to the Director of Budget and Management	64470
to justify operating transfers to the fund from the General	64471
Revenue Fund. Upon approval, the Director of Budget and Management	64472
shall transfer approved amounts to the fund, not to exceed the	64473
amount of the annual appropriation in each fiscal year. The	64474
spending plans may be based on the recommendations of the Ohio	64475
Business Gateway Steering Committee or its successor.	64476

Section 207.30.20. MAJOR IT PURCHASES

64477

The State Chief Information Officer shall compute the amount	64478
of revenue attributable to the amortization of all equipment	64479
purchases and capitalized systems from appropriation item 100-607,	64480
IT Service Delivery; appropriation item 100-617, Major IT	64481
Purchases; and appropriation item CAP-837, Major IT Purchases,	64482
which is recovered by the Office of Information Technology as part	64483
of the rates charged by the IT Service Delivery Fund (Fund 133)	64484
created in section 125.15 of the Revised Code. The Director of	64485
Budget and Management may transfer cash in an amount not to exceed	64486
the amount of amortization computed from the IT Service Delivery	64487
Fund (Fund 133) to the Major IT Purchases Fund (Fund 4N6).	64488

Section 207.30.30. INFORMATION TECHNOLOGY ASSESSMENT

64489

The State Chief Information Officer, with the approval of the	64490
Director of Budget and Management, may establish an information	64491
technology assessment for the purpose of recovering the cost of	64492
selected infrastructure and statewide programs. Such assessment	64493
shall comply with applicable cost principles issued by the federal	64494
Office of Management and Budget. The information technology	64495
assessment shall be charged to all organized bodies, offices, or	64496
agencies established by the laws of the state for the exercise of	64497
any function of state government except for the General Assembly,	64498
any legislative agency, the Supreme Court, the other courts of	64499
record in Ohio, or any judicial agency, the Adjutant General, the	64500
Bureau of Workers' Compensation, and institutions administered by	64501
a board of trustees. Any state-entity exempted by this section may	64502
utilize the infrastructure or statewide program by participating	64503
in the information technology assessment. All charges for the	64504
information technology assessment shall be deposited to the credit	64505
of the IT Governance Fund (Fund 229).	64506

Section 207.30.40. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	64507
DEBT SERVICE PAYMENTS	64508

The Director of Administrative Services, in consultation with	64509
the Multi-Agency Radio Communication System (MARCS) Steering	64510
Committee and the Director of Budget and Management, shall	64511
determine the share of debt service payments attributable to	64512
spending for MARCS components that are not specific to any one	64513
agency and that shall be charged to agencies supported by the	64514
motor fuel tax. Such share of debt service payments shall be	64515
calculated for MARCS capital disbursements made beginning July 1,	64516
1997. Within thirty days of any payment made from appropriation	64517
item 100-447, OBA - Building Rent Payments, the Director of	64518
Administrative Services shall certify to the Director of Budget	64519
and Management the amount of this share. The Director of Budget	64520
and Management shall transfer such amounts to the General Revenue	64521
Fund from the State Highway Safety Fund (Fund 036) established in	64522
section 4501.06 of the Revised Code.	64523

The State Chief Information Officer shall consider renting or	64524
leasing existing tower sites at reasonable or current market	64525
rates, so long as these existing sites are equipped with the	64526
technical capabilities to support the MARCS project.	64527

Section 207.30.50. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

64528

Whenever the Director of Administrative Services declares a	64529
"public exigency," as provided in division (C) of section 123.15	64530
of the Revised Code, the Director shall also notify the members of	64531
the Controlling Board.	64532

Section 207.30.60. GENERAL SERVICE CHARGES

64533

The Department of Administrative Services, with the approval	64534
of the Director of Budget and Management, shall establish charges	64535
for recovering the costs of administering the programs in the	64536
General Services Fund (Fund 117) and the State Printing Fund (Fund	64537
210).	64538

Section 207.30.70. STATE ENERGY SERVICES PROGRAM

64539

Within 30 days after the effective date of this section, or	64540
as soon possible thereafter, the Director of Administrative	64541
Services shall certify the remaining cash in the Federal Special	64542
Revenue Fund (Fund 307) to the Director of Budget and Management,	64543
who shall transfer that amount to the State Architect's Office	64544
(Fund 131). The cash shall be used to operate the state's energy	64545
services program.	64546

Within thirty days after the effective date of this section,	64547
or as soon as possible thereafter, the Director of Administrative	64548
Services shall certify the remaining cash in the Energy Grants	64549
Fund (Fund 5A8) to the Director of Budget and Management, who	64550
shall transfer that amount to the State Architect's Office (Fund	64551
131). The cash shall be used to operate the state's energy	64552
services program.	64553

Section 207.30.80. FEDERAL GRANTS OGRIP

64554

As soon as possible on or after July 1, 2007, the Director of	64555
Budget and Management may transfer cash in the amount of	64556
$15,072.03 from the Federal Grants OGRIP Fund (Fund 3H6) to the	64557
General Revenue Fund.	64558

Section 209.10. AAM COMMISSION ON AFRICAN AMERICAN MALES

64559

General Revenue Fund

64560

GRF	036-100	Personal Services	$	235,091	$	235,091	64561
GRF	036-200	Maintenance	$	29,000	$	29,000	64562
GRF	036-300	Equipment	$	1,000	$	1,000	64563
GRF	036-502	Community Projects	$	516,909	$	1,016,909	64564
TOTAL GRF General Revenue Fund			$	782,000	$	1,282,000	64565

State Special Revenue Fund Group

64566

4H3	036-601	Commission on African American Males - Gifts/Grants	$	10,000	$	10,000	64567
TOTAL SSR State Special Revenue Fund Group			$	10,000	$	10,000	64568
TOTAL ALL BUDGET FUND GROUPS			$	792,000	$	1,292,000	64569

CAAM STRATEGIC PLAN

64570

The Commission on African American Males shall develop a	64571
strategic plan to accomplish the tasks put forth in section	64572
4112.13 of the Revised Code.	64573

On January 1, 2008, or as soon as possible thereafter, the	64574
Director of the Commission on African American Males shall submit	64575
a strategic plan for the use of $500,000 in fiscal year 2008 and	64576
$1,000,000 in fiscal year 2009 to the Governor, the President of	64577
the Senate, the Minority Leader of the Senate, the Speaker of the	64578
House of Representatives, and the Minority Leader of the House of	64579
Representatives.	64580

Not later than June 30, 2009, the Commission on African	64581
American Males shall submit a report on the impacts and outcomes	64582
of the strategic plan to the Governor, the President of the	64583
Senate, the Minority Leader of the Senate, the Speaker of the	64584
House of Representatives, and the Minority Leader of the House of	64585
Representatives.	64586

FUND TRANSFERS

64587

(A) All moneys appropriated or reappropriated to the Ohio	64588
Commission on African-American Males for the performance of its	64589
duties, powers, obligations, and functions, and the exercise of	64590
rights, that are transferred by this act to the Ohio State	64591
University, to the extent of the remaining unexpended or	64592
unencumbered balance of the appropriations or reappropriations,	64593
whether obligated or unobligated, are hereby transferred,	64594
effective July 1, 2007, to the University for performing the	64595
duties, powers, obligations, and functions, and exercising the	64596
rights of the University in operating and overseeing the	64597
Commission.	64598

(B) On and after July 1, 2007, notwithstanding any provision	64599
of law to the contrary, the Director of Budget and Management is	64600
authorized to take the actions described in this section with	64601
respect to budget changes made necessary by administrative	64602
reorganization, program transfers, the creation of new funds, and	64603
the consolidation of funds as authorized by this act. The Director	64604
may make any transfer of cash balances between funds. At the	64605
request of the Director of Budget and Management, the Board of	64606
Trustees of the Ohio State University shall certify to the	64607
Director an estimate of the amount of the cash balance to be	64608
transferred to the receiving fund. The Director may transfer the	64609
estimated amount when needed to make payments. Not more than	64610
thirty days after certifying the estimated amount, the Board of	64611
Trustees shall certify the final amount to the Director. The	64612
Director shall transfer the difference between any amount	64613
previously transferred and the certified final amount. The	64614
Director may cancel encumbrances and re-establish encumbrances or	64615
parts of encumbrances as needed in the fiscal year in the	64616
appropriate fund and appropriation line item for the same purpose	64617
and to the same vendor. As determined by the Director, the	64618
appropriation authority necessary to re-establish such	64619
encumbrances in the fiscal year in a different fund or	64620
appropriation line item within an agency or between agencies is	64621
hereby appropriated by the General Assembly. The Director shall	64622
reduce each year's appropriation balances by the amount of the	64623
encumbrance canceled in their respective funds and appropriation	64624
line item. Any unencumbered or unallocated appropriation balances	64625
from the previous fiscal year may be transferred to the	64626
appropriate appropriation line item to be used for the same	64627
purposes, as determined by the Director.	64628

Section 211.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

64629

General Revenue Fund

64630

GRF	029-321	Operating Expenses	$	397,000	$	403,000	64631
TOTAL GRF General Revenue Fund			$	397,000	$	403,000	64632
TOTAL ALL BUDGET FUND GROUPS			$	397,000	$	403,000	64633

OPERATING

64634

The Chief Administrative Officer of the House of	64635
Representatives and the Clerk of the Senate shall determine, by	64636
mutual agreement, which of them shall act as fiscal agent for the	64637
Joint Committee on Agency Rule Review. Members of the Committee	64638
shall be paid in accordance with section 101.35 of the Revised	64639
Code.	64640

OPERATING EXPENSES

64641

On July 1, 2007, or as soon as possible thereafter, the	64642
designated fiscal agent shall certify to the Director of Budget	64643
and Management the total fiscal year 2007 unencumbered	64644
appropriations in appropriation item 029-321, Operating Expenses.	64645
The designated fiscal agent may direct the Director of Budget and	64646
Management to transfer an amount not to exceed the total fiscal	64647
year 2007 unencumbered appropriations to fiscal year 2008 for use	64648
in appropriation item 029-321, Operating Expenses. Additional	64649
appropriation authority equal to the amount certified by the	64650
designated fiscal agent is hereby appropriated to appropriation	64651
item 029-321, Operating Expenses, in fiscal year 2008.	64652

On July 1, 2008, or as soon as possible thereafter, the	64653
designated fiscal agent shall certify to the Director of Budget	64654
and Management the total fiscal year 2008 unencumbered	64655
appropriations in appropriation item 029-321, Operating Expenses.	64656
The designated fiscal agent may direct the Director of Budget and	64657
Management to transfer an amount not to exceed the total fiscal	64658
year 2008 unencumbered appropriations to fiscal year 2009 for use	64659
in appropriation item 029-321, Operating Expenses. Additional	64660
appropriation authority equal to the amount certified by the	64661
designated fiscal agent is hereby appropriated to appropriation	64662
item 029-321, Operating Expenses, in fiscal year 2009.	64663

Section 213.10. AGE DEPARTMENT OF AGING

64664

General Revenue Fund

64665

GRF	490-321	Operating Expenses	$	2,637,571	$	2,637,271	64666
GRF	490-403	PASSPORT	$	128,391,189	$	158,196,465	64667
GRF	490-406	Senior Olympics	$	14,856	$	14,856	64668
GRF	490-409	Ohio Community Service Council Operations	$	183,792	$	183,792	64669
GRF	490-410	Long-Term Care Ombudsman	$	654,965	$	654,965	64670
GRF	490-411	Senior Community Services	$	10,349,439	$	10,349,439	64671
GRF	490-412	Residential State Supplement	$	9,156,771	$	9,156,771	64672
GRF	490-414	Alzheimers Respite	$	4,131,594	$	4,131,594	64673
GRF	490-416	JCFS Community Options	$	250,000	$	250,000	64674
GRF	490-421	PACE	$	10,214,809	$	10,214,809	64675
GRF	490-422	Assisted Living Waiver	$	12,554,940	$	15,213,890	64676
GRF	490-506	National Senior Service Corps	$	335,296	$	335,296	64677
TOTAL GRF General Revenue Fund			$	178,875,222	$	211,339,148	64678

General Services Fund Group

64679

480	490-606	Senior Community Outreach and Education	$	372,677	$	372,677	64680
TOTAL GSF General Services Fund							64681
Group			$	372,677	$	372,677	64682

Federal Special Revenue Fund Group

64683

3C4	490-607	PASSPORT	$	301,767,486	$	301,274,172	64684
3C4	490-621	PACE-Federal	$	14,586,135	$	14,586,135	64685
3C4	490-622	Assisted Living-Federal	$	14,972,892	$	21,810,442	64686
3M4	490-612	Federal Independence Services	$	62,406,819	$	63,655,080	64687
3R7	490-617	Ohio Community Service Council Programs	$	8,870,000	$	8,870,000	64688
322	490-618	Federal Aging Grants	$	10,000,000	$	10,200,000	64689
TOTAL FED Federal Special Revenue							64690
Fund Group			$	412,603,332	`	420,395,829	64691

State Special Revenue Fund Group

64692

4C4	490-609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	64693
4J4	490-610	PASSPORT/Residential State Supplement	$	33,491,930	$	33,263,984	64694
4U9	490-602	PASSPORT Fund	$	4,424,969	$	4,424,969	64695
5AA	490-673	Ohio's Best Rx Administration	$	1,184,154	$	910,801	64696
5BA	490-620	Ombudsman Support	$	600,000	$	600,000	64697
5K9	490-613	Long Term Care Consumers Guide	$	820,400	$	820,400	64698
5W1	490-616	Resident Services Coordinator Program	$	330,000	$	330,000	64699
624	490-604	OCSC Community Support	$	470,000	$	470,000	64700
TOTAL SSR State Special Revenue							64701
Fund Group			$	42,256,453	$	41,755,154	64702
TOTAL ALL BUDGET FUND GROUPS			$	634,107,684	$	673,862,808	64703

Section 213.20. PRE-ADMISSION REVIEW FOR NURSING FACILITY	64705
ADMISSION	64706

Pursuant to an interagency agreement, the Department of Job	64707
and Family Services shall designate the Department of Aging to	64708
perform assessments under sections 173.42 and 5111.204 of the	64709
Revised Code. Of the foregoing appropriation item 490-403,	64710
PASSPORT, the Department of Aging may use not more than $2,731,000	64711
in fiscal year 2008 and $2,813,000 in fiscal year 2009 to perform	64712
the assessments for persons not eligible for Medicaid under the	64713
department's interagency agreement with the Department of Job and	64714
Family Services and to assist individuals in planning for their	64715
long-term health care needs.	64716

PASSPORT

64717

Appropriation item 490-403, PASSPORT, and the amounts set	64718
aside for the PASSPORT Waiver Program in appropriation item	64719
490-610, PASSPORT/Residential State Supplement, may be used to	64720
assess clients regardless of Medicaid eligibility.	64721

The Director of Aging shall adopt rules under section 111.15	64722
of the Revised Code governing the nonwaiver funded PASSPORT	64723
program, including client eligibility.	64724

The Department of Aging shall administer the Medicaid	64725
waiver-funded PASSPORT Home Care Program as delegated by the	64726
Department of Job and Family Services in an interagency agreement.	64727
The foregoing appropriation item 490-403, PASSPORT, and the	64728
amounts set aside for the PASSPORT Waiver Program in appropriation	64729
item 490-610, PASSPORT/Residential State Supplement, shall be used	64730
to provide the required state match for federal Medicaid funds	64731
supporting the Medicaid Waiver-funded PASSPORT Home Care Program.	64732
Appropriation item 490-403, PASSPORT, and the amounts set aside	64733
for the PASSPORT Waiver Program in appropriation item 490-610,	64734
PASSPORT/Residential State Supplement, may also be used to support	64735
the Department of Aging's administrative costs associated with	64736
operating the PASSPORT program.	64737

The foregoing appropriation item 490-607, PASSPORT, shall be	64738
used to provide the federal matching share for all PASSPORT	64739
program costs determined by the Department of Job and Family	64740
Services to be eligible for Medicaid reimbursement.	64741

OHIO COMMUNITY SERVICE COUNCIL

64742

The foregoing appropriation items 490-409, Ohio Community	64743
Service Council Operations, and 490-617, Ohio Community Service	64744
Council Programs, shall be used in accordance with section 121.40	64745
of the Revised Code.	64746

LONG-TERM CARE OMBUDSMAN

64747

The foregoing appropriation item 490-410, Long-Term Care	64748
Ombudsman, shall be used for a program to fund ombudsman program	64749
activities as authorized in sections 173.14 to 173.27 and section	64750
173.99 of the Revised Code.	64751

SENIOR COMMUNITY SERVICES

64752

Of the foregoing appropriation item 490-411, Senior Community	64753
Services, $10,299,439 in each fiscal year shall be used for	64754
services designated by the Department of Aging, including, but not	64755
limited to, home-delivered and congregate meals, transportation	64756
services, personal care services, respite services, adult day	64757
services, home repair, care coordination, and decision support	64758
systems. Service priority shall be given to low income, frail,	64759
and cognitively impaired persons 60 years of age and over. The	64760
department shall promote cost sharing by service recipients for	64761
those services funded with senior community services funds,	64762
including, when possible, sliding-fee scale payment systems based	64763
on the income of service recipients.	64764

Of the foregoing appropriation item 490-411, Senior Community	64765
Services, $50,000 in each fiscal year shall be allocated to the	64766
Eastlake Senior Center.	64767

RESIDENTIAL STATE SUPPLEMENT

64768

Under the Residential State Supplement Program, the amount	64769
used to determine whether a resident is eligible for payment and	64770
for determining the amount per month the eligible resident will	64771
receive shall be as follows:	64772

(A) $927 for a residential care facility, as defined in	64773
section 3721.01 of the Revised Code;	64774

(B) $927 for an adult group home, as defined in Chapter 3722.	64775
of the Revised Code;	64776

(C) $824 for an adult foster home, as defined in Chapter 173.	64777
of the Revised Code;	64778

(D) $824 for an adult family home, as defined in Chapter	64779
3722. of the Revised Code;	64780

(E) $824 for an adult community alternative home, as defined	64781
in Chapter 3724. of the Revised Code;	64782

(F) $824 for an adult residential facility, as defined in	64783
Chapter 5119. of the Revised Code;	64784

(G) $618 for adult community mental health housing services,	64785
as defined in division (B)(5) of section 173.35 of the Revised	64786
Code.	64787

The Departments of Aging and Job and Family Services shall	64788
reflect these amounts in any applicable rules the departments	64789
adopt under section 173.35 of the Revised Code.	64790

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

64791

The Department of Aging may transfer cash by intrastate	64792
transfer vouchers from the foregoing appropriation items 490-412,	64793
Residential State Supplement, and 490-610, PASSPORT/Residential	64794
State Supplement, to the Department of Job and Family Services'	64795
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	64796
funds shall be used to make benefit payments to Residential State	64797
Supplement recipients.	64798

ALZHEIMERS RESPITE

64799

The foregoing appropriation item 490-414, Alzheimers Respite,	64800
shall be used to fund only Alzheimer's disease services under	64801
section 173.04 of the Revised Code.	64802

JCFS COMMUNITY OPTIONS

64803

The foregoing appropriation item 490-416, JCFS Community	64804
Options, shall be used for noncapital expenses related to	64805
transportation services for the elderly that provide access to	64806
such things as healthcare services, congregate meals,	64807
socialization programs, and grocery shopping. The funds shall pass	64808
through and shall be administered by the Area Agencies on Aging.	64809
Agencies receiving funding from appropriation item 490-416, JCFS	64810
Community Options, shall coordinate services with other local	64811
service agencies. The appropriation shall be allocated to the	64812
following agencies:	64813

(A) $80,000 in both fiscal years to Cincinnati Jewish	64814
Vocational Services;	64815

(B) $70,000 in both fiscal years to Wexner Heritage Village;

64816

(C) $20,000 in both fiscal years to Yassenoff Jewish	64817
Community Center;	64818

(D) $80,000 in both fiscal years to Cleveland Jewish	64819
Community Center.	64820

ALLOCATION OF PACE SLOTS

64821

In order to effectively administer and manage growth within	64822
the PACE Program, the Director of Aging may, as the director deems	64823
appropriate and to the extent funding is available, allocate funds	64824
for the PACE Program between the PACE sites in Cleveland and	64825
Cincinnati.	64826

OHIO'S BEST RX START-UP COSTS

64827

An amount equal to the unencumbered balance in appropriation	64828
item 490-440, Ohio's Best Rx Start-up Costs, from fiscal year 2007	64829
is hereby appropriated for fiscal year 2008 into appropriation	64830
item 490-440, Ohio's Best Rx Start-up Costs.	64831

An amount equal to the remaining unencumbered balance in	64832
appropriation item 490-440, Ohio's Best Rx Start-Up Costs, from	64833
fiscal year 2008 is hereby appropriated for fiscal year 2009 into	64834
appropriation item 490-440, Ohio's Best Rx Start-Up Costs. The	64835
appropriation item 490-440, Ohio's Best Rx Start-Up Costs, shall	64836
be used by the Department of Aging to pay for the administrative	64837
and operational expenses of the Ohio's Best Rx Program in	64838
accordance with sections 173.71 to 173.91 of the Revised Code,	64839
including costs associated with the duties assigned by the	64840
department to the Ohio's Best Rx Program Administrator and for	64841
making payments to participating terminal distributors until	64842
sufficient cash exists to make payments from the accounts created	64843
in sections 173.85 and 173.86 of the Revised Code. Of	64844
appropriation item 490-440, Ohio's Best Rx Start-Up Costs, not	64845
more than $750,000 in each fiscal year may be used by the	64846
department for administrative and operational costs, excluding	64847
outreach, that are not associated with the Ohio's Best Rx Program	64848
Administrator or the payments to participating terminal	64849
distributors.	64850

EDUCATION AND TRAINING

64851

The foregoing appropriation item 490-606, Senior Community	64852
Outreach and Education, may be used to provide training to workers	64853
in the field of aging pursuant to division (G) of section 173.02	64854
of the Revised Code.	64855

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

64856

The foregoing appropriation item 490-609, Regional Long-Term	64857
Care Ombudsman Program, shall be used solely to pay the costs of	64858
operating the regional long-term care ombudsman programs	64859
designated by the Long-Term Care Ombudsman.	64860

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

64861

Of the foregoing appropriation item 490-610,	64862
PASSPORT/Residential State Supplement, up to $2,835,000 each	64863
fiscal year may be used to fund the Residential State Supplement	64864
Program. The remaining available funds shall be used to fund the	64865
PASSPORT program.	64866

FEDERAL SUPPORTIVE SERVICES FUND

64867

On July 1, 2007, as soon as possible thereafter, the Director	64868
of Budget and Management shall transfer all assets, liabilities,	64869
revenues, and obligations associated with the Federal Aging	64870
Nutrition Fund (Fund 3M3) to the Federal Supportive Services Fund	64871
(Fund 3M4). Upon the transfer, the Federal Aging Nutrition Fund	64872
(Fund 3M3) shall cease to exist. The Director of Budget and	64873
Management shall cancel any existing encumbrances against	64874
appropriation item 490-611, Federal Aging Nutrition Fund (Fund	64875
3M3), and re-establish them against appropriation item 490-612,	64876
Federal Independence Services (Fund 3M4). The amounts of the	64877
re-established encumbrances are hereby appropriated.	64878

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	64879
AND FEDERAL AGING GRANTS	64880

Upon written request of the Director of Aging, the Director	64881
of Budget and Management may transfer appropriation authority	64882
among appropriation items 490-612, Federal Independence Services,	64883
and 490-618, Federal Aging Grants, in amounts not to exceed 30 per	64884
cent of the appropriation from which the transfer is made. The	64885
Department of Aging shall report a transfer to the Controlling	64886
Board at the next regularly scheduled meeting of the board.	64887

TRANSFER OF RESIDENT PROTECTION FUNDS

64888

The Director of Budget and Management shall transfer $600,000	64889
per year in cash from Fund 4E3, Resident Protection Fund, in the	64890
Department of Job and Family Services, to Fund 5BA in the	64891
Department of Aging, to be used for the expansion of ombudsman	64892
services to enhance consumer involvement and person-centered care	64893
planning in nursing homes by the Office of the State Long-Term	64894
Care Ombudsman created by the Department of Aging under division	64895
(M) of section 173.01 of the Revised Code.	64896

OHIO'S BEST RX ADMINISTRATION

64897

The foregoing appropriation item 490-673, Ohio's Best Rx	64898
Administration, shall be used on an ongoing basis to cover	64899
expenses associated with the Ohio's Best Rx Program specified in	64900
section 173.86 of the Revised Code. If receipts to the fund exceed	64901
the appropriated amount, the Director of Aging may seek	64902
Controlling Board approval to increase the appropriation of this	64903
fund. Upon approval from the Controlling Board, the additional	64904
amounts are hereby appropriated.	64905

Section 213.30. UNIFIED LONG-TERM CARE BUDGET WORKGROUP

64906

(A) There is hereby created the Unified Long-Term Care Budget	64907
Workgroup. The Workgroup shall consist of the following members:	64908

(1) The Director of Aging;

64909

(2) Consumer advocates, representatives of the provider	64910
community, and state policy makers, appointed by the Governor;	64911

(3) One member of the House of Representatives appointed by	64912
the Speaker of the House of Representatives;	64913

(4) One member of the House of Representatives appointed by	64914
the Minority Leader of the House of Representatives;	64915

(5) One member of the Senate appointed by the President of	64916
the Senate;	64917

(6) One member of the Senate appointed by the Minority Leader	64918
of the Senate.	64919

The Director of Aging shall serve as the chairperson of the	64920
Workgroup.	64921

(B) The Workgroup shall develop a unified long-term care	64922
budget that facilitates the following:	64923

(1) Providing a consumer a choice of services that meet the	64924
consumer's health care needs and improve the consumer's quality of	64925
life;	64926

(2) Providing a continuum of services that meet the needs of	64927
a consumer throughout life;	64928

(3) Consolidating policymaking authority and the associated	64929
budgets in a single entity to simplify the consumer's decision	64930
making and maximize the state's flexibility in meeting the	64931
consumer's needs;	64932

(4) Assuring the state has a system that is cost effective	64933
and links disparate services across agencies and jurisdictions.	64934

(C) The Workgroup shall submit a written implementation plan	64935
to the Governor, the Speaker of the House of Representatives, the	64936
Minority Leader of the House of Representatives, the President of	64937
the Senate, the Minority Leader of the Senate, and the members of	64938
the Joint Legislative Committee on Medicaid Technology and Reform	64939
not later than June 1, 2008. The plan shall incorporate the	64940
following:	64941

(1) Recommendations regarding the structure of the unified	64942
long-term care budget;	64943

(2) A plan outlining how funds can be transferred among	64944
involved agencies in a fiscally neutral manner;	64945

(3) Identification of the resources needed to implement the	64946
unified budget in a multiphase approach starting in fiscal year	64947
2009;	64948

(4) Success criteria and tools to measure progress against	64949
the success criteria.	64950

The plan shall consider the recommendations of the Medicaid	64951
Administrative Study Council and the Ohio Commission to Reform	64952
Medicaid.	64953

(D) In support of the Unified Long-Term Care Budget the	64954
following shall be established in the General Revenue Fund:	64955

(1) In the Department of Aging, 490-XXX, Long-Term Care	64956
Budget - State;	64957

(2) In the Department of Job and Family Services, 600-XXX,	64958
Long-Term Care Budget - State;	64959

(3) In the Department of Mental Retardation and Developmental	64960
Disabilities, 322-XXX, Long-Term Care Budget - State;	64961

(4) In the Department of Mental Health, 333-XXX, Long-Term	64962
Care Budget - State.	64963

(E) On an annual basis, the Directors of Aging and Budget and	64964
Management shall submit a written report to the Speaker of the	64965
House of Representatives, the Minority Leader of the House of	64966
Representatives, the President of the Senate, the Minority Leader	64967
of the Senate, and the members of the Joint Legislative Committee	64968
on Medicaid Technology and Reform describing the progress towards	64969
establishing, or if already established, the effectiveness of the	64970
unified long-term care budget.	64971

(F) When a separate department or agency is created solely to	64972
administer the Medicaid program, the Director of Budget and	64973
Management may do all of the following in support of the	64974
Workgroup's proposal:	64975

(1) Transfer funds and appropriations currently appropriated	64976
to pay for Medicaid services to any appropriation item referenced	64977
in division (D) of this section;	64978

(2) Transfer funds between appropriation items referenced in	64979
division (D) of this section;	64980

(3) Develop a reporting mechanism to transparently show how	64981
the funds are being transferred and expended.	64982

Section 215.10. AGR DEPARTMENT OF AGRICULTURE

64983

General Revenue Fund

64984

GRF	700-321	Operating Expenses	$	2,605,330	$	2,605,330	64985
GRF	700-401	Animal Disease Control	$	3,574,506	$	3,574,506	64986
GRF	700-403	Dairy Division	$	1,304,504	$	1,304,504	64987
GRF	700-404	Ohio Proud	$	196,895	$	196,895	64988
GRF	700-405	Animal Damage Control	$	60,000	$	60,000	64989
GRF	700-406	Consumer Analytical Lab	$	953,906	$	953,906	64990
GRF	700-407	Food Safety	$	865,100	$	865,100	64991
GRF	700-409	Farmland Preservation	$	241,573	$	241,573	64992
GRF	700-410	Plant Industry	$	350,000	$	350,000	64993
GRF	700-411	International Trade and Market Development	$	617,524	$	617,524	64994
GRF	700-412	Weights and Measures	$	1,300,000	$	1,300,000	64995
GRF	700-413	Gypsy Moth Prevention	$	200,000	$	200,000	64996
GRF	700-415	Poultry Inspection	$	400,000	$	400,000	64997
GRF	700-418	Livestock Regulation Program	$	1,428,496	$	1,428,496	64998
GRF	700-424	Livestock Testing and Inspections	$	115,946	$	115,946	64999
GRF	700-499	Meat Inspection Program - State Share	$	4,696,889	$	4,696,889	65000
GRF	700-501	County Agricultural Societies	$	483,226	$	483,226	65001
GRF	700-503	Livestock Exhibition Fund	$	62,500	$	62,500	65002
TOTAL GRF General Revenue Fund			$	19,456,395	$	19,456,395	65003

General Services Fund Group

65004

5DA	700-644		Laboratory Administration Support		$	1,100,000		$	1,100,000		65005
TOTAL GSF General Services Fund Group					$	1,100,000		$	1,100,000		65006

Federal Special Revenue Fund Group

65007

3AB	700-641	Agricultural Easement	$	2,000,000	$	2,000,000	65008
3J4	700-607	Indirect Cost	$	600,000	$	600,000	65009
3R2	700-614	Federal Plant Industry	$	4,800,000	$	4,800,000	65010
326	700-618	Meat Inspection Program - Federal Share	$	4,960,000	$	4,950,000	65011
336	700-617	Ohio Farm Loan Revolving Fund	$	44,679	$	44,679	65012
382	700-601	Cooperative Contracts	$	3,700,000	$	3,700,000	65013
TOTAL FED Federal Special Revenue							65014
Fund Group			$	16,104,679	$	16,094,679	65015

State Special Revenue Fund Group

65016

4C9	700-605	Feed, Fertilizer, Seed, and Lime Inspection	$	1,850,000	$	1,850,000	65017
4D2	700-609	Auction Education	$	24,601	$	24,601	65018
4E4	700-606	Utility Radiological Safety	$	73,059	$	73,059	65019
4P7	700-610	Food Safety Inspection	$	858,096	$	858,096	65020
4R2	700-637	Dairy Industry Inspection	$	1,500,000	$	1,500,000	65021
4T6	700-611	Poultry and Meat Inspection	$	47,294	$	47,294	65022
4T7	700-613	International Trade and Market Development	$	15,000	$	15,000	65023
494	700-612	Agricultural Commodity Marketing Program	$	250,000	$	250,000	65024
496	700-626	Ohio Grape Industries	$	850,000	$	849,999	65025
497	700-627	Commodity Handlers Regulatory Program	$	500,000	$	500,000	65026
5B8	700-629	Auctioneers	$	365,390	$	365,390	65027
5H2	700-608	Metrology Lab and Scale Certification	$	427,526	$	427,526	65028
5L8	700-604	Livestock Management Program	$	30,000	$	30,000	65029
578	700-620	Ride Inspection Fees	$	1,000,000	$	1,000,001	65030
652	700-634	Animal and Consumer Analytical Laboratory	$	3,000,000	$	3,000,000	65031
669	700-635	Pesticide Program	$	2,800,000	$	2,800,000	65032
TOTAL SSR State Special Revenue							65033
Fund Group			$	13,590,966	$	13,590,966	65034

Clean Ohio Conservation Fund Group

65035

057	700-632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		65036
TOTAL CLF Clean Ohio Conservation Fund Group					$	149,000		$	149,000		65037

TOTAL ALL BUDGET FUND GROUPS

50,401,040

50,391,040

65038

OHIO - ISRAEL AGRICULTURAL INITIATIVE

65039

Of the foregoing General Revenue Fund appropriation item	65040
700-411, International Trade and Market Development, $100,000	65041
shall be used in each fiscal year for the Ohio - Israel	65042
Agricultural Initiative.	65043

COUNTY AGRICULTURAL SOCIETIES

65044

The foregoing appropriation item 700-501, County Agricultural	65045
Societies, shall be used to reimburse county and independent	65046
agricultural societies for expenses related to Junior Fair	65047
activities.	65048

LIVESTOCK EXHIBITION FUND

65049

The foregoing appropriation item 700-503, Livestock	65050
Exhibition Fund, shall be used in accordance with section 901.42	65051
of the Revised Code.	65052

CORRECTIVE CASH TRANSFER TO ANIMAL HEALTH AND FOOD SAFETY	65053
FUND	65054

On the effective date of this section, or as soon as possible	65055
thereafter, the Director of Budget and Management may transfer all	65056
cash from the Animal Industry Laboratory Fund (Fund 4V5) to the	65057
Laboratory Services Fund (Fund 652) to correct deposits that were	65058
mistakenly deposited to the Laboratory Services Fund (Fund 4V5).	65059

Section 217.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

65060

General Revenue Fund

65061

GRF	898-402	Coal Development Office	$	565,097	$	589,092	65062
GRF	898-901	Coal R&D General Obligation Debt Service	$	7,232,400	$	8,192,500	65063
TOTAL GRF General Revenue Fund			$	7,797,497	$	8,781,592	65064

General Services Fund Group

65065

5EG	898-608		Energy Strategy Development		$	307,000		$	307,000		65066
TOTAL GSF General Services Fund					$	307,000		$	307,000		65067

Agency Fund Group

65068

4Z9	898-602	Small Business Ombudsman	$	287,146	$	294,290	65069
5A0	898-603	Small Business Assistance	$	71,087	$	71,087	65070
570	898-601	Operating Expenses	$	255,000	$	264,000	65071
TOTAL AGY Agency Fund Group			$	613,233	$	629,377	65072

Coal Research/Development Fund

65073

046	898-604	Coal Research and Development Fund	$	10,000,000	$	10,000,000	65074
TOTAL 046 Coal Research/Development Fund			$	10,000,000	$	10,000,000	65075
TOTAL ALL BUDGET FUND GROUPS			$	18,717,730	$	19,717,969	65076

COAL DEVELOPMENT OFFICE

65077

The foregoing appropriation item GRF 898-402, Coal	65078
Development Office, shall be used for the administrative costs of	65079
the Coal Development Office.	65080

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

65081

The foregoing appropriation item GRF 898-901, Coal R & D	65082
General Obligation Debt Service, shall be used to pay all debt	65083
service and related financing costs at the times they are required	65084
to be made during the period from July 1, 2007 to June 30, 2009	65085
for obligations issued under sections 151.01 and 151.07 of the	65086
Revised Code.	65087

SCIENCE AND TECHNOLOGY COLLABORATION

65088

The Air Quality Development Authority shall work in close	65089
collaboration with the Department of Development, the Board of	65090
Regents, and the Third Frontier Commission in relation to	65091
appropriation items and programs referred to as Alignment Programs	65092
in the following paragraph, and other technology-related	65093
appropriations and programs in the Department of Development, Air	65094
Quality Development Authority, and the Board of Regents as those	65095
agencies may designate, to ensure implementation of a coherent	65096
state strategy with respect to science and technology.	65097

To the extent permitted by law, the Air Quality Development	65098
Authority shall assure that coal research and development	65099
programs, proposals, and projects consider or incorporate	65100
appropriate collaborations with Third Frontier Project programs	65101
and grantees and with Alignment Programs and grantees.	65102

"Alignment Programs" means: appropriation items 195-401,	65103
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	65104
Third Frontier Action Fund; 898-604, Coal Research and Development	65105
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	65106
Institute of Technology; 235-510, Ohio Supercomputer Center;	65107
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	65108
235-535, Ohio Agricultural Research and Development Center;	65109
235-553, Dayton Area Graduate Studies Institute; 235-554,	65110
Priorities in Collaborative Graduate Education; 235-556, Ohio	65111
Academic Resources Network; and 195-435, Biomedical Research and	65112
Technology Transfer Trust.	65113

Consistent with the recommendations of the Governor's	65114
Commission on Higher Education and the Economy, Alignment Programs	65115
shall be managed and administered (1) to build on existing	65116
competitive research strengths, (2) to encourage new and emerging	65117
discoveries and commercialization of ideas and products that will	65118
benefit the Ohio economy, and (3) to assure improved collaboration	65119
among Alignment Programs, with programs administered by the Third	65120
Frontier Commission, and with other state programs that are	65121
intended to improve economic growth and job creation.	65122

As directed by the Third Frontier Commission, Alignment	65123
Program managers shall report to the Commission or to the Third	65124
Frontier Advisory Board on the contributions of their programs to	65125
achieving the objectives stated in the preceding paragraph.	65126

Each alignment program shall be reviewed annually by the	65127
Third Frontier Commission with respect to its development of	65128
complementary relationships within a combined state science and	65129
technology investment portfolio and its overall contribution to	65130
the state's science and technology strategy, including the	65131
adoption of appropriately consistent criteria for: (1) the	65132
scientific merit of activities supported by the program; (2) the	65133
relevance of the program's activities to commercial opportunities	65134
in the private sector; (3) the private sector's involvement in a	65135
process that continually evaluates commercial opportunities to use	65136
the work supported by the program; and (4) the ability of the	65137
program and recipients of grant funding from the program to engage	65138
in activities that are collaborative, complementary, and efficient	65139
with respect to the expenditure of state funds. Each alignment	65140
program shall provide annual reports to the Third Frontier	65141
Commission discussing existing, planned, or possible	65142
collaborations between programs and recipients of grant funding	65143
related to technology, development, commercialization, and	65144
supporting Ohio's economic development. The annual review by the	65145
Third Frontier Commission shall be a comprehensive review of the	65146
entire state science and technology program portfolio rather than	65147
a review of individual programs.	65148

Applicants for Third Frontier and Alignment Program funding	65149
shall identify their requirements for high-performance computing	65150
facilities and services, including both hardware and software, in	65151
all proposals. If an applicant's requirements exceed approximately	65152
$100,000 for a proposal, the Ohio Supercomputer Center shall	65153
convene a panel of experts. The panel shall review the proposal to	65154
determine whether the proposal's requirements can be met through	65155
Ohio Supercomputer Center facilities or through other means and	65156
report its conclusion to the Third Frontier Commission.	65157

To ensure that the state receives the maximum benefit from	65158
its investment in the Third Frontier Project and the Third	65159
Frontier Network, organizations receiving Third Frontier awards	65160
and Alignment Program awards shall, as appropriate, be expected to	65161
have a connection to the Third Frontier Network that enables them	65162
and their collaborators to achieve award objectives through the	65163
Third Frontier Network.	65164

CORRECTIVE CASH TRANSFER

65165

On the effective date of this section, or as soon as possible	65166
thereafter, the Director of Budget and Management may transfer	65167
$35,555.35 in cash from the General Revenue Fund (GRF) into the	65168
Coal Research and Development Bond Services Fund (Fund 076) to	65169
correct deposits that were mistakenly deposited into the General	65170
Revenue Fund (GRF).	65171

Section 219.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	65172
SERVICES	65173

General Revenue Fund

65174

GRF	038-321	Operating Expenses	$	1,071,861	$	1,071,861	65175
GRF	038-401	Treatment Services	$	33,661,063	$	36,661,063	65176
GRF	038-404	Prevention Services	$	1,052,127	$	1,552,127	65177
TOTAL GRF General Revenue Fund			$	35,785,051	$	39,285,051	65178

General Services Fund

65179

5T9	038-616		Problem Gambling Services		$	285,000		$	285,000		65180
TOTAL GSF General Services Fund Group					$	285,000		$	285,000		65181

Federal Special Revenue Fund Group

65182

3CK	038-625	TANF	$	5,000,000	$	5,000,000	65183
3G3	038-603	Drug Free Schools	$	3,500,000	$	3,500,000	65184
3G4	038-614	Substance Abuse Block Grant	$	73,000,000	$	73,000,000	65185
3H8	038-609	Demonstration Grants	$	7,093,075	$	7,093,075	65186
3J8	038-610	Medicaid	$	46,000,000	$	46,000,000	65187
3N8	038-611	Administrative Reimbursement	$	500,000	$	500,000	65188
TOTAL FED Federal Special Revenue							65189
Fund Group			$	135,093,075	$	135,093,075	65190

State Special Revenue Fund Group

65191

475	038-621	Statewide Treatment and Prevention	$	18,000,000	$	18,000,000	65192
5BR	038-406	Tobacco Use Prevention and Control Program	$	205,000	$	205,000	65193
5DH	038-620	Fetal Alcohol Spectrum Disorder	$	327,500	$	327,500	65194
689	038-604	Education and Conferences	$	350,000	$	350,000	65195
TOTAL SSR State Special Revenue							65196
Fund Group			$	18,882,500	$	18,882,500	65197
TOTAL ALL BUDGET FUND GROUPS			$	190,045,626	$	193,545,626	65198

TREATMENT SERVICES

65199

Of the foregoing appropriation item 038-401, Treatment	65200
Services, not more than $8,190,000 shall be used by the Department	65201
of Alcohol and Drug Addiction Services for program grants for	65202
priority populations in each year of the biennium.	65203

SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN

65204

Of the foregoing appropriation item 038-401, Treatment	65205
Services, $4 million in each fiscal year shall be used to provide	65206
substance abuse services to families involved in the child welfare	65207
system under the requirements of Am. Sub. H.B. 484 of the 122nd	65208
General Assembly.	65209

THERAPEUTIC COMMUNITIES

65210

Of the foregoing appropriation item 038-401, Treatment	65211
Services, $750,000 shall be used in each fiscal year for the	65212
Therapeutic Communities Program in the Department of	65213
Rehabilitation and Correction.	65214

JUVENILE AFTERCARE PROGRAM

65215

Of the foregoing appropriation item 038-401, Treatment	65216
Services, $2,500,000 shall be used in fiscal year 2009 for the	65217
Juvenile Aftercare Program to provide community-based alcohol and	65218
other drug treatment to parolees from the Department of Youth	65219
Services.	65220

SERVICES FOR TANF-ELIGIBLE INDIVIDUALS

65221

Of the foregoing appropriation item 038-625, TANF	65222
Reimbursement, an amount up to $5 million each year shall be used	65223
to reimburse counties for TANF-eligible expenditures for substance	65224
abuse prevention and treatment services to children, or their	65225
families, whose income is at or below 200 per cent of the federal	65226
poverty level. The Director of Alcohol and Drug Addiction Services	65227
and the Director of Job and Family Services shall enter into an	65228
interagency agreement that meets federal requirements.	65229

PERFORMANCE AUDIT

65230

The Auditor of State shall complete a performance audit of	65231
the Department of Alcohol and Drug Addiction Services. Upon	65232
completing the performance audit, the Auditor of State shall	65233
submit a report of the findings of the audit to the Governor, the	65234
President of the Senate, the Speaker of the House of	65235
Representatives, and the Director of Alcohol and Drug Addiction	65236
Services. Expenses incurred by the Auditor of State to conduct the	65237
performance audit shall be reimbursed by the Department of Alcohol	65238
and Drug Addiction Services.	65239

INTERNAL REVIEW

65240

The Director of Alcohol and Drug Addiction Services shall	65241
consult with the Director of Budget and Management and	65242
representatives of local and county alcohol and drug addiction	65243
services agencies to conduct an internal review of policies and	65244
procedures to increase efficiency and identify and eliminate	65245
duplicative practices. Any savings identified as a result of the	65246
internal review or the performance audit conducted by the Auditor	65247
of State shall be used for community-based care.	65248

The Director of Alcohol and Drug Addiction Services shall	65249
seek Controlling Board approval before expending any funds	65250
identified as a result of the internal review or the performance	65251
audit.	65252

Section 221.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

65253

General Services Fund Group

65254

4K9	891-609	Operating Expenses	$	638,110	$	565,141	65255
TOTAL GSF General Services Fund							65256
Group			$	638,110	$	565,141	65257
TOTAL ALL BUDGET FUND GROUPS			$	638,110	$	565,141	65258

Section 223.10. ART OHIO ARTS COUNCIL

65260

General Revenue Fund

65261

GRF	370-100	Personal Services	$	1,798,235	$	1,798,235	65262
GRF	370-200	Maintenance	$	459,746	$	459,746	65263
GRF	370-300	Equipment	$	82,700	$	82,700	65264
GRF	370-502	State Program Subsidies	$	10,147,480	$	10,147,480	65265
TOTAL GRF General Revenue Fund			$	12,488,161	$	12,488,161	65266

General Services Fund Group

65267

4B7	370-603	Percent for Art Acquisitions	$	86,366	$	86,366	65268
460	370-602	Management Expenses and Donations	$	285,000	$	285,000	65269
TOTAL GSF General Services Fund Group			$	371,366	$	371,366	65270

Federal Special Revenue Fund Group

65271

314	370-601	Federal Support	$	800,000	$	800,000	65272
TOTAL FED Federal Special Revenue Fund Group			$	800,000	$	800,000	65273
TOTAL ALL BUDGET FUND GROUPS			$	13,659,527	$	13,659,527	65274

PROGRAM SUBSIDIES

65275

A museum is not eligible to receive funds from appropriation	65276
item 370-502, State Program Subsidies, if $8,000,000 or more in	65277
capital appropriations were appropriated by the state for the	65278
museum between January 1, 1986, and December 31, 2002.	65279

Section 225.10. ATH ATHLETIC COMMISSION

65280

General Services Fund Group

65281

4K9	175-609	Operating Expenses	$	255,850	$	255,850	65282
TOTAL GSF General Services Fund Group			$	255,850	$	255,850	65283
TOTAL ALL BUDGET FUND GROUPS			$	255,850	$	255,850	65284

Section 227.10. AGO ATTORNEY GENERAL

65286

General Revenue Fund

65287

GRF	055-321	Operating Expenses	$	54,063,833	$	54,007,332	65288
GRF	055-411	County Sheriffs' Pay Supplement	$	813,117	$	842,134	65289
GRF	055-415	County Prosecutors' Pay Supplement	$	896,404	$	923,888	65290
TOTAL GRF General Revenue Fund			$	55,773,354	$	55,773,354	65291

General Services Fund Group

65292

106	055-612	General Reimbursement	$	29,870,196	$	29,870,196	65293
195	055-660	Workers' Compensation Section	$	8,002,720	$	8,002,720	65294
4Y7	055-608	Title Defect Rescission	$	750,000	$	750,000	65295
4Z2	055-609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	65296
418	055-615	Charitable Foundations	$	6,919,850	$	7,064,978	65297
420	055-603	Attorney General Antitrust	$	1,500,000	$	1,500,000	65298
421	055-617	Police Officers' Training Academy Fee	$	2,000,000	$	2,000,000	65299
5A9	055-618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	65300
590	055-633	Peace Officer Private Security Fund	$	98,370	$	98,370	65301
629	055-636	Corrupt Activity Investigation and Prosecution	$	15,000	$	15,000	65302
631	055-637	Consumer Protection Enforcement	$	2,500,000	$	2,500,000	65303
TOTAL GSF General Services Fund							65304
Group			$	52,663,636	$	52,808,764	65305

Federal Special Revenue Fund Group

65306

3E5	055-638	Attorney General Pass-Through Funds	$	2,850,000	$	3,030,000	65307
3R6	055-613	Attorney General Federal Funds	$	4,870,000	$	5,115,000	65308
306	055-620	Medicaid Fraud Control	$	3,139,500	$	3,296,500	65309
381	055-611	Civil Rights Legal Service	$	402,540	$	402,540	65310
383	055-634	Crime Victims Assistance	$	16,000,000	$	16,000,000	65311
TOTAL FED Federal Special Revenue							65312
Fund Group			$	27,262,040	$	27,844,040	65313

State Special Revenue Fund Group

65314

4L6	055-606	DARE	$	3,927,962	$	3,927,962	65315
402	055-616	Victims of Crime	$	34,000,000	$	34,000,000	65316
419	055-623	Claims Section	$	25,000,000	$	25,000,000	65317
659	055-641	Solid and Hazardous Waste Background Investigations	$	621,159	$	621,159	65318
TOTAL SSR State Special Revenue							65319
Fund Group			$	63,549,121	$	63,549,121	65320

Holding Account Redistribution Fund Group

65321

R04	055-631	General Holding Account	$	1,000,000	$	1,000,000	65322
R05	055-632	Antitrust Settlements	$	1,000	$	1,000	65323
R18	055-630	Consumer Frauds	$	750,000	$	750,000	65324
R42	055-601	Organized Crime Commission Distributions	$	25,025	$	25,025	65325
TOTAL 090 Holding Account							65326
Redistribution Fund Group			$	1,776,025	$	1,776,025	65327
TOTAL ALL BUDGET FUND GROUPS			$	201,024,176	$	201,751,304	65328

COUNTY SHERIFFS' PAY SUPPLEMENT

65329

The foregoing appropriation item 055-411, County Sheriffs'	65330
Pay Supplement, shall be used for the purpose of supplementing the	65331
annual compensation of county sheriffs as required by section	65332
325.06 of the Revised Code.	65333

At the request of the Attorney General, the Director of	65334
Budget and Management may transfer appropriation authority from	65335
appropriation item 055-321, Operating Expenses, to appropriation	65336
item 055-411, County Sheriffs' Pay Supplement. Any appropriation	65337
authority so transferred to appropriation item 055-411, County	65338
Sheriffs' Pay Supplement, shall be used to supplement the annual	65339
compensation of county sheriffs as required by section 325.06 of	65340
the Revised Code.	65341

COUNTY PROSECUTORS' PAY SUPPLEMENT

65342

The foregoing appropriation item 055-415, County Prosecutors'	65343
Pay Supplement, shall be used for the purpose of supplementing the	65344
annual compensation of certain county prosecutors as required by	65345
section 325.111 of the Revised Code.	65346

At the request of the Attorney General, the Director of	65347
Budget and Management may transfer appropriation authority from	65348
appropriation item 055-321, Operating Expenses, to appropriation	65349
item 055-415, County Prosecutors' Pay Supplement. Any	65350
appropriation authority so transferred to appropriation item	65351
055-415, County Prosecutors' Pay Supplement, shall be used to	65352
supplement the annual compensation of county prosecutors as	65353
required by section 325.111 of the Revised Code.	65354

WORKERS' COMPENSATION SECTION

65355

The Workers' Compensation Section Fund (Fund 195) is entitled	65356
to receive payments from the Bureau of Workers' Compensation and	65357
the Ohio Industrial Commission at the beginning of each quarter of	65358
each fiscal year to fund legal services to be provided to the	65359
Bureau of Workers' Compensation and the Ohio Industrial Commission	65360
during the ensuing quarter. The advance payment shall be subject	65361
to adjustment.	65362

In addition, the Bureau of Workers' Compensation shall	65363
transfer payments at the beginning of each quarter for the support	65364
of the Workers' Compensation Fraud Unit.	65365

All amounts shall be mutually agreed upon by the Attorney	65366
General, the Bureau of Workers' Compensation, and the Ohio	65367
Industrial Commission.	65368

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

65369

The foregoing appropriation item 055-636, Corrupt Activity	65370
Investigation and Prosecution, shall be used as provided by	65371
division (D)(2) of section 2923.35 of the Revised Code to dispose	65372
of the proceeds, fines, and penalties credited to the Corrupt	65373
Activity Investigation and Prosecution Fund, which is created in	65374
division (D)(1)(b) of section 2923.35 of the Revised Code.	65375

GENERAL HOLDING ACCOUNT

65376

The foregoing appropriation item 055-631, General Holding	65377
Account, shall be used to distribute moneys under the terms of	65378
relevant court orders received from settlements in a variety of	65379
cases involving the Office of the Attorney General.	65380

ATTORNEY GENERAL PASS-THROUGH FUNDS

65381

The foregoing appropriation item 055-638, Attorney General	65382
Pass-Through Funds, shall be used to receive federal grant funds	65383
provided to the Attorney General by other state agencies,	65384
including, but not limited to, the Department of Youth Services	65385
and the Department of Public Safety.	65386

ANTITRUST SETTLEMENTS

65387

The foregoing appropriation item 055-632, Antitrust	65388
Settlements, shall be used to distribute court-ordered antitrust	65389
settlements in which the Office of Attorney General represents the	65390
state or a political subdivision under section 109.81 of the	65391
Revised Code.	65392

CONSUMER FRAUDS

65393

The foregoing appropriation item 055-630, Consumer Frauds,	65394
shall be used for distribution of moneys from court-ordered	65395
judgments against sellers in actions brought by the Office of	65396
Attorney General under sections 1334.08 and 4549.48 and division	65397
(B) of section 1345.07 of the Revised Code. These moneys shall be	65398
used to provide restitution to consumers victimized by the fraud	65399
that generated the court-ordered judgments.	65400

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

65401

The foregoing appropriation item 055-601, Organized Crime	65402
Commission Distributions, shall be used by the Organized Crime	65403
Investigations Commission, as provided by section 177.011 of the	65404
Revised Code, to reimburse political subdivisions for the expenses	65405
the political subdivisions incur when their law enforcement	65406
officers participate in an organized crime task force.	65407

BCI ASSET FORFEITURE AND COST REIMBURSEMENT

65408

The Bureau of Criminal Identification and Investigation Asset	65409
Forfeiture and Cost Reimbursement Fund created by section 109.521	65410
of the Revised Code is the same fund as the BCI Asset Forfeiture	65411
and Cost Reimbursement Fund created by the Controlling Board in	65412
January 1997.	65413

FUND ADJUSTMENTS

65414

On July 1, 2007, or as soon as practicable thereafter, the	65415
Director of Budget and Management shall transfer the cash balance	65416
in the Employment Services Fund (Fund 107) to the General	65417
Reimbursement Fund (Fund 106). The Director shall cancel any	65418
existing encumbrances against appropriation item 055-624,	65419
Employment Services, and re-establish them against appropriation	65420
item 055-612, General Reimbursement. The amounts of the	65421
re-established encumbrances are hereby appropriated. Upon	65422
completion of these transfers, the Employment Services Fund (Fund	65423
107) is hereby abolished.	65424

On July 1, 2007, or as soon as practicable thereafter, the	65425
Director of Budget and Management shall transfer the cash balance	65426
in the Crime Victims Compensation Fund (Fund 108) to the	65427
Reparations Fund (Fund 402). Upon completion of this transfer, the	65428
Crime Victims Compensation Fund (Fund 108) is hereby abolished.	65429

Section 229.10. AUD AUDITOR OF STATE

65430

General Revenue Fund

65431

GRF	070-321	Operating Expenses	$	31,469,552	$	32,771,482	65432
GRF	070-403	Fiscal Watch/Emergency Technical Assistance	$	600,000	$	600,000	65433
TOTAL GRF General Revenue Fund			$	32,069,552	$	33,371,482	65434

Auditor of State Fund Group

65435

109	070-601	Public Audit Expense - Intra-State	$	11,000,000	$	11,000,000	65436
422	070-601	Public Audit Expense - Local Government	$	33,000,000	$	34,000,000	65437
584	070-603	Training Program	$	181,250	$	181,250	65438
675	070-605	Uniform Accounting Network	$	3,317,336	$	3,317,336	65439
TOTAL AUD Auditor of State Fund							65440
Group			$	47,498,586	$	48,498,586	65441
TOTAL ALL BUDGET FUND GROUPS			$	79,568,138	$	81,870,068	65442

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

65443

The foregoing appropriation item 070-403, Fiscal	65444
Watch/Emergency Technical Assistance, shall be used for expenses	65445
incurred by the Office of the Auditor of State in its role	65446
relating to fiscal watch or fiscal emergency activities under	65447
Chapters 118. and 3316. of the Revised Code. Expenses include, but	65448
are not limited to, the following: duties related to the	65449
determination or termination of fiscal watch or fiscal emergency	65450
of municipal corporations, counties, or townships as outlined in	65451
Chapter 118. of the Revised Code and of school districts as	65452
outlined in Chapter 3316. of the Revised Code; development of	65453
preliminary accounting reports; performance of annual forecasts;	65454
provision of performance audits; and supervisory, accounting, or	65455
auditing services for the mentioned public entities and school	65456
districts. The unencumbered balance of appropriation item 070-403,	65457
Fiscal Watch/Emergency Technical Assistance, at the end of fiscal	65458
year 2008 is transferred to fiscal year 2009 for use under the	65459
same appropriation item.	65460

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND	65461
TRANSFER	65462

Upon the request of the Auditor of State, and subject to	65463
approval from the Controlling Board, effective July 1, 2007, or as	65464
soon thereafter as possible, the Director of Budget and Management	65465
shall transfer the appropriation balance in GRF appropriation item	65466
070-406, Uniform Accounting Network/Technology Improvements Fund,	65467
to GRF appropriation item 070-321, Operating Expenses. The	65468
Director shall cancel any existing encumbrances against GRF	65469
appropriation item 070-406, Uniform Accounting Network/Technology	65470
Improvement Fund, and re-establish them against GRF appropriation	65471
item 070-321, Operating Expenses. The amounts of the	65472
re-established encumbrances are hereby appropriated.	65473

Section 231.10. BRB BOARD OF BARBER EXAMINERS

65474

General Services Fund Group

65475

4K9	877-609	Operating Expenses	$	608,045	$	628,264	65476
TOTAL GSF General Services Fund							65477
Group			$	608,045	$	628,264	65478
TOTAL ALL BUDGET FUND GROUPS			$	608,045	$	628,264	65479

Section 233.10. OBM OFFICE OF BUDGET AND MANAGEMENT

65481

General Revenue Fund

65482

GRF	042-321	Budget Development and Implementation	$	2,026,011	$	2,128,284	65483
GRF	042-410	National Association Dues	$	28,700	$	29,561	65484
GRF	042-412	Audit of Auditor of State	$	60,460	$	60,460	65485
GRF	042-413	Payment Issuance	$	1,191,802	$	1,150,192	65486
GRF	042-416	Medicaid Agency Transition	$	0	$	1,500,000	65487
TOTAL GRF General Revenue Fund			$	3,306,973	$	4,868,497	65488

General Services Fund Group

65489

105	042-603		State Accounting and Budgeting		$	12,115,134		$	12,742,551		65490
TOTAL GSF General Services Fund Group					$	12,115,134		$	12,742,551		65491

Federal Special Revenue Fund Group

65492

3CM	042-606		Medicaid Agency Transition		$	0		$	1,500,000		65493
TOTAL FED Federal Special Revenue Fund Group					$	0		$	1,500,000		65494

State Special Revenue Fund Group

65495

5N4	042-602		OAKS Project Implementation		$	2,200,725		$	2,132,168		65496
TOTAL SSR State Special Revenue Fund Group					$	2,200,725		$	2,132,168		65497

Agency Fund Group

65498

5EH	042-604	Forgery Recovery	$	35,000	$	35,000	65499
TOTAL AGY Agency Fund Group			$	35,000	$	35,000	65500
TOTAL ALL BUDGET FUND GROUPS			$	17,657,832	$	21,278,216	65501

AUDIT COSTS

65502

Of the foregoing appropriation item 042-603, State Accounting	65503
and Budgeting, not more than $435,000 in fiscal year 2008 and	65504
$445,000 in fiscal year 2009 shall be used to pay for centralized	65505
audit costs associated with either Single Audit Schedules or	65506
financial statements prepared in conformance with generally	65507
accepted accounting principles for the state.	65508

Section 233.20. OAKS SUPPORT ORGANIZATION

65509

The OAKS Support Organization shall operate and maintain the	65510
financial management module of the state's enterprise resource	65511
planning system to support the activities of the Office of Budget	65512
and Management. The OAKS Support Organization shall recover the	65513
costs to establish and maintain the enterprise resource planning	65514
system through billings to the Office of Budget and Management.	65515

Effective July 1, 2007, the Office of Budget Management shall	65516
include the recovery of costs to administer the financial module	65517
of the OAKS System in the accounting and budgeting services	65518
payroll rate. These revenues shall be deposited to the credit of	65519
the Accounting and Budgeting Services Fund (Fund 105). Amounts	65520
deposited under this section are hereby appropriated to	65521
appropriation item 042-603, State Accounting and Budgeting. Not	65522
less than quarterly, the Office of Budget and Management shall	65523
process the intrastate transfer voucher billings to transfer the	65524
Accounting and Budgeting Services Fund (Fund 105) to the OAKS	65525
Support Organization Fund (Fund 5EB), to pay for the OAKS Support	65526
Organization Costs.	65527

TRANSFER BALANCE OF CONTINUOUS RECEIPTS FUND

65528

On or before July 31, 2007, the unencumbered cash balance in	65529
the Continuous Receipts Fund (Fund R06) shall be transferred to	65530
the Forgery Recovery Fund (Fund 5EH).	65531

Section 235.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

65532

General Revenue Fund

65533

GRF	874-100	Personal Services	$	2,057,000	$	2,057,000	65534
GRF	874-320	Maintenance and Equipment	$	1,085,837	$	1,080,837	65535
TOTAL GRF General Revenue Fund			$	3,142,837	$	3,137,837	65536

General Services Fund Group

65537

4G5	874-603	Capitol Square Education Center and Arts	$	15,000	$	15,000	65538
4S7	874-602	Statehouse Gift Shop/Events	$	650,484	$	650,484	65539
TOTAL GSF General Services							65540
Fund Group			$	665,484	$	665,484	65541

Underground Parking Garage

65542

208	874-601	Underground Parking Garage Operations	$	2,706,993	$	2,706,993	65543
TOTAL UPG Underground Parking							65544
Garage			$	2,706,993	$	2,706,993	65545
TOTAL ALL BUDGET FUND GROUPS			$	6,515,314	$	6,510,314	65546

Section 237.10. SCR STATE BOARD OF CAREER COLLEGES AND	65548
SCHOOLS	65549

General Services Fund Group

65550

4K9	233-601	Operating Expenses	$	552,300	$	572,700	65551
TOTAL GSF General Services Fund Group			$	552,300	$	572,700	65552
TOTAL ALL BUDGET FUND GROUPS			$	552,300	$	572,700	65553

Section 239.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

65555

General Services Fund Group

65556

4K9	930-609	Operating Expenses	$	530,864	$	551,146	65557
TOTAL GSF General Services Fund Group			$	530,864	$	551,146	65558
TOTAL ALL BUDGET FUND GROUPS			$	530,864	$	551,146	65559

Section 241.10. CHR STATE CHIROPRACTIC BOARD

65561

General Services Fund Group

65562

4K9	878-609	Operating Expenses	$	607,445	$	621,621	65563
TOTAL GSF General Services Fund Group			$	607,445	$	621,621	65564
TOTAL ALL BUDGET FUND GROUPS			$	607,445	$	621,621	65565

Section 243.10. CIV OHIO CIVIL RIGHTS COMMISSION

65567

General Revenue Fund

65568

GRF	876-321		Operating Expenses		$	7,415,134		$	7,097,134		65569
TOTAL GRF General Revenue Fund					$	7,415,134		$	7,097,134		65570

Federal Special Revenue Fund Group

65571

334	876-601	Investigations	$	3,965,507	$	4,602,185	65572
TOTAL FED Federal Special Revenue							65573
Fund Group			$	3,965,507	$	4,602,185	65574

State Special Revenue Fund Group

65575

217	876-604	Operations Support	$	60,000	$	60,000	65576
TOTAL SSR State Special							65577
Revenue Fund Group			$	60,000	$	60,000	65578
TOTAL ALL BUDGET FUND GROUPS			$	11,440,641	$	11,759,319	65579

OPERATING EXPENSES

65580

Of the foregoing appropriation item 876-321, Operating	65581
Expenses, at least $318,000 in fiscal year 2008 is to be used to	65582
purchase computer and information technology equipment.	65583

Section 245.10. COM DEPARTMENT OF COMMERCE

65584

General Revenue Fund

65585

GRF	800-410		Labor and Worker Safety		$	2,132,396		$	2,132,396		65586
Total GRF General Revenue Fund					$	2,132,396		$	2,132,396		65587

General Services Fund Group

65588

163	800-620	Division of Administration	$	4,323,037	$	4,413,037	65589
163	800-637	Information Technology	$	6,650,150	$	6,780,963	65590
5F1	800-635	Small Government Fire Departments	$	300,000	$	300,000	65591
543	800-602	Unclaimed Funds-Operating	$	7,880,468	$	8,049,937	65592
543	800-625	Unclaimed Funds-Claims	$	70,000,000	$	75,000,000	65593
TOTAL GSF General Services Fund							65594
Group			$	89,153,655	$	94,543,937	65595

Federal Special Revenue Fund Group

65596

348	800-622	Underground Storage Tanks	$	195,008	$	195,008	65597
348	800-624	Leaking Underground Storage Tanks	$	1,850,000	$	1,850,000	65598
TOTAL FED Federal Special Revenue							65599
Fund Group			$	2,045,008	$	2,045,008	65600

State Special Revenue Fund Group

65601

4B2	800-631	Real Estate Appraisal Recovery	$	35,000	$	35,000	65602
4H9	800-608	Cemeteries	$	273,465	$	273,465	65603
4X2	800-619	Financial Institutions	$	2,474,414	$	2,523,918	65604
5K7	800-621	Penalty Enforcement	$	50,000	$	50,000	65605
544	800-612	Banks	$	6,516,507	$	6,703,253	65606
545	800-613	Savings Institutions	$	2,244,370	$	2,286,616	65607
546	800-610	Fire Marshal	$	13,104,393	$	13,579,150	65608
546	800-639	Fire Department Grants	$	1,647,140	$	1,647,140	65609
546	800-640	Homeland Security Grants	$	10,000	$	10,000	65610
547	800-603	Real Estate Education/Research	$	250,000	$	250,000	65611
548	800-611	Real Estate Recovery	$	50,000	$	50,000	65612
549	800-614	Real Estate	$	3,480,038	$	3,574,171	65613
550	800-617	Securities	$	4,312,453	$	4,473,094	65614
552	800-604	Credit Union	$	3,521,037	$	3,627,390	65615
553	800-607	Consumer Finance	$	5,800,445	$	5,800,445	65616
556	800-615	Industrial Compliance	$	25,033,908	$	25,570,011	65617
6A4	800-630	Real Estate Appraiser-Operating	$	664,006	$	664,006	65618
653	800-629	UST Registration/Permit Fee	$	1,512,512	$	1,467,160	65619
TOTAL SSR State Special Revenue							65620
Fund Group			$	70,979,688	$	72,584,819	65621

Liquor Control Fund Group

65622

043	800-601	Merchandising	$	440,499,979	$	464,027,015	65623
043	800-627	Liquor Control Operating	$	15,980,724	$	16,334,583	65624
043	800-633	Development Assistance Debt Service	$	33,678,800	$	38,616,800	65625
043	800-636	Revitalization Debt Service	$	12,620,900	$	15,683,300	65626
TOTAL LCF Liquor Control							65627
Fund Group			$	502,780,403	$	534,661,698	65628
TOTAL ALL BUDGET FUND GROUPS			$	667,091,150	$	705,967,858	65629

SMALL GOVERNMENT FIRE DEPARTMENTS

65630

Notwithstanding section 3737.17 of the Revised Code, the	65631
foregoing appropriation item 800-635, Small Government Fire	65632
Departments, may be used to provide loans to private fire	65633
departments.	65634

UNCLAIMED FUNDS PAYMENTS

65635

The foregoing appropriation item 800-625, Unclaimed	65636
Funds-Claims, shall be used to pay claims under section 169.08 of	65637
the Revised Code. If it is determined that additional amounts are	65638
necessary, the amounts are hereby appropriated.	65639

UNCLAIMED FUNDS TRANSFERS

65640

Notwithstanding division (A) of section 169.05 of the Revised	65641
Code, prior to June 30, 2008, and upon the request of the Director	65642
of Budget and Management, the Director of Commerce shall transfer	65643
to the General Revenue Fund up to $29,275,000 of unclaimed funds	65644
that have been reported by holders of unclaimed funds under	65645
section 169.05 of the Revised Code, irrespective of the allocation	65646
of the unclaimed funds under that section.	65647

Notwithstanding division (A) of section 169.05 of the Revised	65648
Code, prior to June 30, 2009, and upon the request of the Director	65649
of Budget and Management, the Director of Commerce shall transfer	65650
to the General Revenue Fund up to $29,275,000 of unclaimed funds	65651
that have been reported by holders of unclaimed funds under	65652
section 169.05 of the Revised Code, irrespective of the allocation	65653
of the unclaimed funds under that section.	65654

CASH TRANSFER TO GENERAL REVENUE FUND

65655

Notwithstanding any other law to the contrary, the Director	65656
of Budget and Management shall transfer up to $5,700,000 in cash	65657
in fiscal year 2008 and up to $5,800,000 in cash in fiscal year	65658
2009 from the State Fire Marshal Fund (Fund 546) to the General	65659
Revenue Fund.	65660

FIRE DEPARTMENT GRANTS

65661

Of the foregoing appropriation item 800-639, Fire Department	65662
Grants, up to $760,000 in each fiscal year shall be used to make	65663
annual grants to volunteer fire departments of up to $10,000, or	65664
up to $25,000 if the volunteer fire department provides service	65665
for an area affected by a natural disaster. The grant program	65666
shall be administered by the Fire Marshal under the Department of	65667
Commerce. The Fire Marshal shall adopt rules as are necessary for	65668
the administration and operation of the grant program.	65669

Of the foregoing appropriation item 800-639, Fire Department	65670
Grants, up to $687,140 in each fiscal year shall be used as full	65671
or partial reimbursement to local units of government and fire	65672
departments for the cost of firefighter training and equipment or	65673
gear. Under rules that the department shall adopt, a local unit of	65674
government or fire department may apply to the department for a	65675
grant to cover all documented costs that are incurred to provide	65676
firefighter training and equipment or gear. The department shall	65677
make grants within the limits of the funding provided, with	65678
priority given to fire departments that serve small villages and	65679
townships.	65680

Of the foregoing appropriation item 800-639, Fire Department	65681
Grants, up to $200,000 in each fiscal year shall be used to make	65682
grants to fire departments to assist in the conversion of existing	65683
data systems to the NFIRS 5 electronic fire reporting system.	65684
Under rules that the department shall adopt, awards shall have a	65685
maximum of $50,000 per fire department and shall be based on a	65686
point system that includes factors such as consideration of the	65687
fire department's information technology and operating budgets,	65688
population and area served, number of incidents, data conversion	65689
and implementation methods, and readiness.	65690

CASH TRANSFER TO REAL ESTATE OPERATING FUND

65691

At the request of the Director of Commerce, the Director of	65692
Budget and Management may transfer up to $100,000 in cash from the	65693
Real Estate Recovery Fund (Fund 548) and up to $350,000 in cash	65694
from the Real Estate Appraiser Recovery Fund (Fund 4B2) to the	65695
Real Estate Operating Fund (Fund 549) during fiscal years	65696
2008-2009.	65697

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

65698

The foregoing appropriation item 800-601, Merchandising,	65699
shall be used under section 4301.12 of the Revised Code. If it is	65700
determined that additional amounts are necessary, the amounts are	65701
hereby appropriated.	65702

DEVELOPMENT ASSISTANCE DEBT SERVICE

65703

The foregoing appropriation item 800-633, Development	65704
Assistance Debt Service, shall be used to pay debt service and	65705
related financing costs at the times they are required to be made	65706
during the period from July 1, 2007, to June 30, 2009, for bond	65707
service charges on obligations issued under Chapter 166. of the	65708
Revised Code. If it is determined that additional appropriations	65709
are necessary for this purpose, such amounts are hereby	65710
appropriated, subject to the limitations set forth in section	65711
166.11 of the Revised Code. An appropriation for this purpose is	65712
not required, but is made in this form and in this act for record	65713
purposes only.	65714

REVITALIZATION DEBT SERVICE

65715

The foregoing appropriation item 800-636, Revitalization Debt	65716
Service, shall be used to pay debt service and related financing	65717
costs under sections 151.01 and 151.40 of the Revised Code during	65718
the period from July 1, 2007, to June 30, 2009. If it is	65719
determined that additional appropriations are necessary for this	65720
purpose, such amounts are hereby appropriated. The General	65721
Assembly acknowledges the priority of the pledge of a portion of	65722
receipts from that source to obligations issued and to be issued	65723
under Chapter 166. of the Revised Code.	65724

ADMINISTRATIVE ASSESSMENTS

65725

Notwithstanding any other provision of law to the contrary,	65726
Fund 163, Division of Administration, is entitled to receive	65727
assessments from all operating funds of the department in	65728
accordance with procedures prescribed by the Director of Commerce	65729
and approved by the Director of Budget and Management.	65730

Section 247.10. OCC OFFICE OF CONSUMERS' COUNSEL

65731

General Services Fund Group

65732

5F5	053-601	Operating Expenses	$	8,498,070	$	8,498,070	65733
TOTAL GSF General Services Fund Group			$	8,498,070	$	8,498,070	65734
TOTAL ALL BUDGET FUND GROUPS			$	8,498,070	$	8,498,070	65735

Section 249.10. CEB CONTROLLING BOARD

65737

General Revenue Fund

65738

GRF	911-404	Mandate Assistance	$	650,000	$	650,000	65739
GRF	911-441	Ballot Advertising Costs	$	300,000	$	300,000	65740
TOTAL GRF General Revenue Fund			$	950,000	$	950,000	65741
TOTAL ALL BUDGET FUND GROUPS			$	950,000	$	950,000	65742

DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY	65743
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM	65744

Notwithstanding any other provision of law to the contrary,	65745
the Director of Budget and Management may, with Controlling Board	65746
approval, transfer up to $4,000,000 in cash, in each of fiscal	65747
years 2008 and 2009, from the Disaster Services Fund (Fund 5E2) to	65748
the General Revenue Fund. Upon completion of the transfer, the	65749
Director of Budget and Management shall appropriate the	65750
transferred amount to appropriation item 911-401, Emergency	65751
Purposes/Contingencies. The Controlling Board may, at the request	65752
of any state agency or the Director of Budget and Management,	65753
transfer all or part of the appropriation in appropriation item	65754
911-401, Emergency Purposes/Contingencies, for the purpose of	65755
providing disaster and emergency situation aid to state agencies	65756
and political subdivisions in the event of disasters and emergency	65757
situations or for the other purposes noted in this section,	65758
including, but not limited to, costs related to the disturbance	65759
that occurred on April 11, 1993, at the Southern Ohio Correctional	65760
Facility in Lucasville, Ohio.	65761

FEDERAL SHARE

65762

In transferring appropriations to or from appropriation items	65763
that have federal shares identified in this act, the Controlling	65764
Board shall add or subtract corresponding amounts of federal	65765
matching funds at the percentages indicated by the state and	65766
federal division of the appropriations in this act. Such changes	65767
are hereby appropriated.	65768

DISASTER ASSISTANCE

65769

Pursuant to requests submitted by the Department of Public	65770
Safety, the Controlling Board may approve transfers from	65771
appropriation item 911-401, Emergency Purposes/Contingencies, to	65772
Department of Public Safety appropriation items to provide funding	65773
for assistance to political subdivisions and individuals made	65774
necessary by natural disasters or emergencies. Such transfers may	65775
be requested and approved prior to or following the occurrence of	65776
any specific natural disasters or emergencies in order to	65777
facilitate the provision of timely assistance.	65778

DISASTER SERVICES

65779

Pursuant to requests submitted by the Department of Public	65780
Safety, the Controlling Board may approve transfers from the	65781
Disaster Services Fund (5E2) to a Department of Public Safety fund	65782
and appropriation item to provide for assistance to political	65783
subdivisions made necessary by natural disasters or emergencies.	65784
These transfers may be requested and approved prior to the	65785
occurrence of any specific natural disasters or emergencies in	65786
order to facilitate the provision of timely assistance. The	65787
Emergency Management Agency of the Department of Public Safety	65788
shall use the funding to fund the State Disaster Relief Program	65789
for disasters that have been declared by the Governor, and the	65790
State Individual Assistance Program for disasters that have been	65791
declared by the Governor and the federal Small Business	65792
Administration. The Ohio Emergency Management Agency shall publish	65793
and make available application packets outlining procedures for	65794
the State Disaster Relief Program and the State Individual	65795
Assistance Program.	65796

The Disaster Services Fund (5E2) shall be used by the	65797
Controlling Board, pursuant to requests submitted by state	65798
agencies, to transfer cash and appropriation authority to any fund	65799
and appropriation item for the payment of state agency disaster	65800
relief program expenses for disasters declared by the Governor,	65801
if the Director of Budget and Management determines that	65802
sufficient funds exist.	65803

The unencumbered balance of the Disaster Services Fund (5E2)	65804
at the end of fiscal year 2008 is transferred to fiscal year 2009	65805
for use for the same purposes as in fiscal year 2009.	65806

SOUTHERN OHIO CORRECTIONAL FACILITY COST

65807

The Division of Criminal Justice Services in the Department	65808
of Public Safety and the Public Defender Commission may each	65809
request, upon approval of the Director of Budget and Management,	65810
additional funds from appropriation item 911-401, Emergency	65811
Purposes/Contingencies, for costs related to the disturbance that	65812
occurred on April 11, 1993, at the Southern Ohio Correctional	65813
Facility in Lucasville, Ohio.	65814

MANDATE ASSISTANCE

65815

(A) The foregoing appropriation item 911-404, Mandate	65816
Assistance, shall be used to provide financial assistance to local	65817
units of government and school districts for the cost of the	65818
following two state mandates:	65819

(1) The cost to county prosecutors for prosecuting certain	65820
felonies that occur on the grounds of state institutions operated	65821
by the Department of Rehabilitation and Correction and the	65822
Department of Youth Services;	65823

(2) The cost to school districts of in-service training for	65824
child abuse detection.	65825

(B) The Division of Criminal Justice Services in the	65826
Department of Public Safety and the Department of Education may	65827
prepare and submit to the Controlling Board one or more requests	65828
to transfer appropriations from appropriation item 911-404,	65829
Mandate Assistance. The state agencies charged with this	65830
administrative responsibility are listed below, as well as the	65831
estimated annual amounts that may be used for each program of	65832
state financial assistance.	65833

		ADMINISTERING		ESTIMATED ANNUAL		65834
PROGRAM		AGENCY		AMOUNT		65835

Prosecution Costs	Division of Criminal	$150,000	65836
	Justice Services		65837
Child Abuse Detection Training Costs	Department of Education	$500,000	65838

(C) Subject to the total amount appropriated in each fiscal	65839
year for appropriation item 911-404, Mandate Assistance, the	65840
Division of Criminal Justice Services in the Department of Public	65841
Safety and the Department of Education may request from the	65842
Controlling Board that amounts smaller or larger than these	65843
estimated annual amounts be transferred to each program.	65844

(D) In addition to making the initial transfers requested by	65845
the Division of Criminal Justice Services in the Department of	65846
Public Safety and the Department of Education, the Controlling	65847
Board may transfer appropriations received by a state agency under	65848
this section back to appropriation item 911-404, Mandate	65849
Assistance, or to the other program of state financial assistance	65850
identified under this section.	65851

(E) It is expected that not all costs incurred by local units	65852
of government and school districts under each of the two programs	65853
of state financial assistance identified in this section will be	65854
fully reimbursed by the state. Reimbursement levels may vary by	65855
program and shall be based on: the relationship between the	65856
appropriation transfers requested by the Division of Criminal	65857
Justice Services in the Department of Public Safety and the	65858
Department of Education and provided by the Controlling Board for	65859
each of the programs; the rules and procedures established for	65860
each program by the administering state agency; and the actual	65861
costs incurred by local units of government and school districts.	65862

(F) Each of these programs of state financial assistance	65863
shall be carried out as follows:	65864

(1) PROSECUTION COSTS

65865

(a) Appropriations may be transferred to the Division of	65866
Criminal Justice Services in the Department of Public Safety to	65867
cover local prosecution costs for aggravated murder, murder,	65868
felonies of the first degree, and felonies of the second degree	65869
that occur on the grounds of institutions operated by the	65870
Department of Rehabilitation and Correction and the Department of	65871
Youth Services.	65872

(b) Upon a delinquency filing in juvenile court or the return	65873
of an indictment for aggravated murder, murder, or any felony of	65874
the first or second degree that was committed at a Department of	65875
Youth Services or a Department of Rehabilitation and Correction	65876
institution, the affected county may, in accordance with rules	65877
that the Division of Criminal Justice Services in the Department	65878
of Public Safety shall adopt, apply to the Division of Criminal	65879
Justice Services for a grant to cover all documented costs that	65880
are incurred by the county prosecutor's office.	65881

(c) Twice each year, the Division of Criminal Justice	65882
Services in the Department of Public Safety shall designate	65883
counties to receive grants from those counties that have submitted	65884
one or more applications in compliance with the rules that have	65885
been adopted by the Division of Criminal Justice Services for the	65886
receipt of such grants. In each year's first round of grant	65887
awards, if sufficient appropriations have been made, up to a total	65888
of $100,000 may be awarded. In each year's second round of grant	65889
awards, the remaining appropriations available for this purpose	65890
may be awarded.	65891

(d) If for a given round of grants there are insufficient	65892
appropriations to make grant awards to all the eligible counties,	65893
the first priority shall be given to counties with cases involving	65894
aggravated murder and murder; second priority shall be given to	65895
counties with cases involving a felony of the first degree; and	65896
third priority shall be given to counties with cases involving a	65897
felony of the second degree. Within these priorities, the grant	65898
awards shall be based on the order in which the applications were	65899
received, except that applications for cases involving a felony of	65900
the first or second degree shall not be considered in more than	65901
two consecutive rounds of grant awards.	65902

(2) CHILD ABUSE DETECTION TRAINING COSTS

65903

Appropriations may be transferred to the Department of	65904
Education for disbursement to local school districts as full or	65905
partial reimbursement for the cost of providing in-service	65906
training for child abuse detection. In accordance with rules that	65907
the department shall adopt, a local school district may apply to	65908
the department for a grant to cover all documented costs that are	65909
incurred to provide in-service training for child abuse detection.	65910
The department shall make grants within the limits of the funding	65911
provided.	65912

(G) Any moneys allocated within appropriation item 911-404,	65913
Mandate Assistance, not fully utilized may, upon application of	65914
the Ohio Public Defender Commission, and with the approval of the	65915
Controlling Board, be disbursed to boards of county commissioners	65916
to provide additional reimbursement for the costs incurred by	65917
counties in providing defense to indigent defendants pursuant to	65918
Chapter 120. of the Revised Code. Application for the unutilized	65919
funds shall be made by the Ohio Public Defender Commission at the	65920
first June meeting of the Controlling Board.	65921

The amount to be disbursed to each county shall be allocated	65922
proportionately on the basis of the total amount of reimbursement	65923
paid to each county as a percentage of the amount of reimbursement	65924
paid to all of the counties during the most recent state fiscal	65925
year for which data is available and as calculated by the Ohio	65926
Public Defender Commission.	65927

BALLOT ADVERTISING COSTS

65928

Pursuant to requests submitted by the Ohio Ballot Board, the	65929
Controlling Board shall approve transfers from the foregoing	65930
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	65931
Ballot Board appropriation item in order to reimburse county	65932
boards of elections for the cost of public notices associated with	65933
statewide ballot initiatives.	65934

Section 251.10. COS STATE BOARD OF COSMETOLOGY

65935

General Services Fund Group

65936

4K9	879-609	Operating Expenses	$	3,533,679	$	3,533,679	65937
TOTAL GSF General Services Fund							65938
Group			$	3,533,679	$	3,533,679	65939
TOTAL ALL BUDGET FUND GROUPS			$	3,533,679	$	3,533,679	65940

Section 253.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	65942
AND FAMILY THERAPIST BOARD	65943

General Services Fund Group

65944

4K9	899-609	Operating Expenses	$	1,124,267	$	1,179,774	65945
TOTAL GSF General Services Fund							65946
Group			$	1,124,267	$	1,179,774	65947
TOTAL ALL BUDGET FUND GROUPS			$	1,124,267	$	1,179,774	65948

Section 255.10. CLA COURT OF CLAIMS

65950

General Revenue Fund

65951

GRF	015-321		Operating Expenses		$	2,758,681		$	2,841,441		65952
TOTAL GRF General Revenue Fund					$	2,758,681		$	2,841,441		65953

State Special Revenue Fund Group

65954

5K2	015-603	CLA Victims of Crime	$	1,582,684	$	1,582,684	65955
TOTAL SSR State Special Revenue							65956
Fund Group			$	1,582,684	$	1,582,684	65957
TOTAL ALL BUDGET FUND GROUPS			$	4,341,365	$	4,424,125	65958

Section 257.10. AFC OHIO CULTURAL FACILITIES COMMISSION

65960

General Revenue Fund

65961

GRF	371-321	Operating Expenses	$	176,136	$	176,136	65962
GRF	371-401	Lease Rental Payments	$	36,604,600	$	37,455,500	65963
TOTAL GRF General Revenue Fund			$	36,780,736	$	37,631,636	65964

State Special Revenue Fund Group

65965

4T8	371-601	Riffe Theatre Equipment Maintenance	$	81,000	$	81,000	65966
4T8	371-603	Project Administration Services	$	1,302,866	$	1,302,866	65967
TOTAL SSR State Special Revenue Group			$	1,383,866	$	1,383,866	65968
TOTAL ALL BUDGET FUND GROUPS			$	38,164,602	$	39,015,502	65969

LEASE RENTAL PAYMENTS

65970

The foregoing appropriation item 371-401, Lease Rental	65971
Payments, shall be used to meet all payments from the Ohio	65972
Cultural Facilities Commissions to the Treasurer of State during	65973
the period from July 1, 2007, to June 30, 2009, under the primary	65974
leases and agreements for those arts and sports facilities made	65975
under Chapters 152. and 154. of the Revised Code. This	65976
appropriation is the source of funds pledged for bond service	65977
charges on related obligations issued pursuant to Chapters 152.	65978
and 154. of the Revised Code.	65979

OPERATING EXPENSES

65980

The foregoing appropriation item 371-321, Operating Expenses,	65981
shall be used by the Ohio Cultural Facilities Commission to carry	65982
out its responsibilities under this section and Chapter 3383. of	65983
the Revised Code.	65984

By the tenth day following each calendar quarter in each	65985
fiscal year, or as soon as possible thereafter, the Director of	65986
Budget and Management shall determine the amount of cash from	65987
interest earnings to be transferred from the Cultural and Sports	65988
Facilities Building Fund (Fund 030) to the Cultural Facilities	65989
Commission Administration Fund (Fund 4T8).	65990

As soon as possible after each bond issuance made on behalf	65991
of the Cultural Facilities Commission, the Director of Budget and	65992
Management shall determine the amount of cash from any premium	65993
paid on each issuance that is available to be transferred after	65994
all issuance costs have been paid from the Cultural and Sports	65995
Facilities Building Fund (Fund 030) to the Cultural Facilities	65996
Commission Administration Fund (Fund 4T8).	65997

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

65998

The Executive Director of the Cultural Facilities Commission	65999
shall certify to the Director of Budget and Management the amount	66000
of cash receipts and related investment income, irrevocable	66001
letters of credit from a bank, or certification of the	66002
availability of funds that have been received from a county or a	66003
municipal corporation for deposit into the Capital Donations Fund	66004
(Fund 5A1) and are related to an anticipated project. These	66005
amounts are hereby appropriated to appropriation item CAP-702,	66006
Capital Donations. Prior to certifying these amounts to the	66007
Director, the Executive Director shall make a written agreement	66008
with the participating entity on the necessary cash flows required	66009
for the anticipated construction or equipment acquisition project.	66010

Section 259.10. DEN STATE DENTAL BOARD

66011

General Services Fund Group

66012

4K9	880-609	Operating Expenses	$	1,437,392	$	1,528,749	66013
TOTAL GSF General Services Fund							66014
Group			$	1,437,392	$	1,528,749	66015
TOTAL ALL BUDGET FUND GROUPS			$	1,437,392	$	1,528,749	66016

Section 261.10. BDP BOARD OF DEPOSIT

66018

General Services Fund Group

66019

4M2	974-601	Board of Deposit	$	1,676,000	$	1,676,000	66020
TOTAL GSF General Services Fund							66021
Group			$	1,676,000	$	1,676,000	66022
TOTAL ALL BUDGET FUND GROUPS			$	1,676,000	$	1,676,000	66023

BOARD OF DEPOSIT EXPENSE FUND

66024

Upon receiving certification of expenses from the Treasurer	66025
of State, the Director of Budget and Management shall transfer	66026
cash from the Investment Earnings Redistribution Fund (Fund 608)	66027
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	66028
shall be used to pay for banking charges and fees required for the	66029
operation of the State of Ohio Regular Account.	66030

Section 263.10. DEV DEPARTMENT OF DEVELOPMENT

66031

General Revenue Fund

66032

GRF	195-401	Thomas Edison Program	$	19,404,838	$	17,978,483	66033
GRF	195-404	Small Business Development	$	1,740,722	$	1,792,944	66034
GRF	195-405	Minority Business Development Division	$	1,580,291	$	1,627,700	66035
GRF	195-407	Travel and Tourism	$	1,800,000	$	1,800,000	66036
GRF	195-410	Defense Conversion Assistance	$	5,000,000	$	0	66037
GRF	195-412	Rapid Outreach Grants	$	10,750,000	$	10,000,000	66038
GRF	195-415	Economic Development Division and Regional Offices	$	5,894,975	$	6,071,824	66039
GRF	195-416	Governor's Office of Appalachia	$	4,746,043	$	4,746,043	66040
GRF	195-422	Third Frontier Action Fund	$	18,790,000	$	16,790,000	66041
GRF	195-426	Clean Ohio Implementation	$	300,000	$	309,000	66042
GRF	195-432	International Trade	$	4,650,501	$	4,650,501	66043
GRF	195-434	Investment in Training Grants	$	12,227,500	$	12,594,325	66044
GRF	195-436	Labor/Management Cooperation	$	836,225	$	836,225	66045
GRF	195-497	CDBG Operating Match	$	1,072,184	$	1,072,184	66046
GRF	195-498	State Match Energy	$	96,820	$	96,820	66047
GRF	195-501	Appalachian Local Development Districts	$	391,482	$	391,482	66048
GRF	195-502	Appalachian Regional Commission Dues	$	254,208	$	254,208	66049
GRF	195-507	Travel and Tourism Grants	$	1,130,000	$	1,115,000	66050
GRF	195-516	Shovel Ready Sites	$	1,000,000	$	1,000,000	66051
GRF	195-520	Ohio Main Street Program	$	750,000	$	250,000	66052
GRF	195-521	Discover Ohio!	$	7,182,845	$	8,182,845	66053
GRF	195-905	Third Frontier Research & Development General Obligation Debt Service	$	14,349,500	$	24,523,400	66054
GRF	195-912	Job Ready Site Development General Obligation Debt Service	$	4,359,400	$	8,232,500	66055
TOTAL GRF General Revenue Fund			$	118,307,534	$	124,315,484	66056

General Services Fund Group

66057

135	195-684	Supportive Services	$	11,699,404	$	11,321,444	66058
5AD	195-667	Investment in Training Expansion	$	2,000,000	$	0	66059
5AD	195-668	Workforce Guarantee Program	$	1,000,000	$	0	66060
5AD	195-677	Economic Development Contingency	$	5,000,000	$	24,400,000	66061
5W5	195-690	Travel and Tourism Cooperative Projects	$	350,000	$	350,000	66062
5W6	195-691	International Trade Cooperative Projects	$	300,000	$	300,000	66063
685	195-636	Direct Cost Recovery Expenditures	$	800,000	$	800,000	66064
TOTAL GSF General Services Fund							66065
Group			$	21,149,404	$	37,171,444	66066

Federal Special Revenue Fund Group

66067

3AE	195-643	Workforce Development Initiatives	$	5,839,900	$	5,860,000	66068
3BJ	195-685	TANF Heating Assistance	$	45,000,000	$	15,000,000	66069
3K8	195-613	Community Development Block Grant	$	65,000,000	$	65,000,000	66070
3K9	195-611	Home Energy Assistance Block Grant	$	110,000,000	$	110,000,000	66071
3K9	195-614	HEAP Weatherization	$	22,000,000	$	22,000,000	66072
3L0	195-612	Community Services Block Grant	$	25,235,000	$	25,235,000	66073
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	66074
308	195-602	Appalachian Regional Commission	$	475,000	$	475,000	66075
308	195-603	Housing and Urban Development	$	6,000,000	$	6,000,000	66076
308	195-605	Federal Projects	$	27,000,000	$	27,000,000	66077
308	195-609	Small Business Administration	$	4,296,381	$	4,396,381	66078
308	195-618	Energy Federal Grants	$	3,400,000	$	3,400,000	66079
335	195-610	Energy Conservation and Emerging Technology	$	2,200,000	$	2,200,000	66080
TOTAL FED Federal Special Revenue							66081
Fund Group			$	356,446,281	$	326,566,381	66082

State Special Revenue Fund Group

66083

4F2	195-639	State Special Projects	$	518,393	$	518,393	66084
4F2	195-676	Marketing Initiatives	$	5,000,000	$	1,000,000	66085
4S0	195-630	Tax Incentive Programs	$	650,800	$	650,800	66086
4W1	195-646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	66087
444	195-607	Water and Sewer Commission Loans	$	523,775	$	523,775	66088
450	195-624	Minority Business Bonding Program Administration	$	53,967	$	53,967	66089
451	195-625	Economic Development Financing Operating	$	3,233,311	$	3,233,311	66090
5AR	195-674	Industrial Site Improvements	$	4,500,000	$	4,500,000	66091
5CG	195-679	Alternative Fuel Transportation	$	1,500,000	$	1,000,000	66092
5DU	195-689	Energy Projects	$	840,000	$	840,000	66093
5M4	195-659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	66094
5M5	195-660	Advanced Energy Programs	$	17,000,000	$	17,000,000	66095
5X1	195-651	Exempt Facility Inspection	$	25,000	$	25,000	66096
611	195-631	Water and Sewer Administration	$	15,713	$	15,713	66097
617	195-654	Volume Cap Administration	$	200,000	$	200,000	66098
646	195-638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	66099
TOTAL SSR State Special Revenue							66100
Fund Group			$	334,641,556	$	330,141,556	66101

Facilities Establishment Fund Group

66102

009	195-664	Innovation Ohio	$	50,000,000	$	50,000,000	66103
010	195-665	Research and Development	$	50,000,000	$	50,000,000	66104
037	195-615	Facilities Establishment	$	110,000,000	$	110,000,000	66105
4Z6	195-647	Rural Industrial Park Loan	$	3,000,000	$	3,000,000	66106
5D2	195-650	Urban Redevelopment Loans	$	5,475,000	$	5,475,000	66107
5S8	195-627	Rural Development Initiative	$	3,000,000	$	3,000,000	66108
5S9	195-628	Capital Access Loan Program	$	3,000,000	$	3,000,000	66109
TOTAL 037 Facilities							66110
Establishment Fund Group			$	224,475,000	$	224,475,000	66111

Clean Ohio Revitalization Fund

66112

003	195-663		Clean Ohio Operating		$	625,000		$	550,000		66113
TOTAL 003 Clean Ohio Revitalization Fund					$	625,000		$	550,000		66114

Third Frontier Research & Development Fund Group

66115

011	195-686	Third Frontier Operating	$	1,932,056	$	1,932,056	66116
011	195-687	Third Frontier Research & Development Projects	$	94,000,000	$	72,000,000	66117
014	195-692	Research & Development Taxable Bond Projects	$	28,000,000	$	28,000,000	66118
TOTAL 011 Third Frontier Research & Development Fund Group			$	123,932,056	$	101,932,056	66119

Job Ready Site Development Fund Group

66120

012	195-688		Job Ready Site Operating		$	1,246,155		$	1,246,155		66121
TOTAL 012 Job Ready Site Development Fund Group					$	1,246,155		$	1,246,155		66122

TOTAL ALL BUDGET FUND GROUPS

1,180,822,986

1,146,398,076

66123

Section 263.10.10. THOMAS EDISON PROGRAM

66125

The foregoing appropriation item 195-401, Thomas Edison	66126
Program, shall be used for the purposes of sections 122.28 to	66127
122.38 of the Revised Code in order to provide funds for	66128
cooperative public and private efforts in technological innovation	66129
to promote the development and transfer of technology by and to	66130
Ohio businesses that will lead to the creation of jobs. Of the	66131
foregoing appropriation item 195-401, Thomas Edison Program, not	66132
more than ten per cent in each fiscal year shall be used for	66133
operating expenditures in administering the programs of the	66134
Technology Division.	66135

Of the foregoing appropriation item 195-401, Thomas Edison	66136
Program, $2,000,000 in fiscal year 2008 shall be used by Project	66137
Development, Inc., for technology commercialization.	66138

Section 263.10.20. SMALL BUSINESS DEVELOPMENT

66139

The foregoing appropriation item 195-404, Small Business	66140
Development, shall be used to ensure that the unique needs and	66141
concerns of small businesses are addressed.	66142

The foregoing appropriation item 195-404, Small Business	66143
Development, may be used to provide grants to local organizations	66144
to support the operation of Small Business Development Centers and	66145
other local economic development activity promoting small	66146
business, including the 1st Stop Business Connection, and for the	66147
cost of administering the small business development center	66148
program. The centers shall provide technical, financial, and	66149
management consultation for small business and shall facilitate	66150
access to state and federal programs. These funds shall be used as	66151
matching funds for grants from the United States Small Business	66152
Administration and other federal agencies, pursuant to Public Law	66153
No. 96-302 (1980) as amended by Public Law No. 98-395 (1984), and	66154
regulations and policy guidelines for the programs under this law.	66155

MINORITY BUSINESS DEVELOPMENT DIVISION

66156

Of the foregoing appropriation item 195-405, Minority	66157
Business Development Division, up to $1,060,000 but not less than	66158
$954,000 in each fiscal year shall be used to fund minority	66159
contractors and business assistance organizations. The Minority	66160
Business Development Division shall determine which cities need	66161
minority contractors and business assistance organizations by	66162
utilizing United States Census Bureau data and zip codes to locate	66163
the highest concentrations of minority businesses. The Minority	66164
Business Development Division also shall determine the numbers of	66165
minority contractors and business assistance organizations	66166
necessary and the amount of funding to be provided each. In	66167
addition, the Minority Business Development Division shall	66168
continue to plan and implement business conferences.	66169

Section 263.10.30. RAPID OUTREACH GRANTS

66170

The foregoing appropriation item 195-412, Rapid Outreach	66171
Grants, shall be used as an incentive for attracting and retaining	66172
business opportunities for the state. Any such business	66173
opportunity, whether new, expanding, or relocating in Ohio, is	66174
eligible for funding. The project must create or retain a	66175
significant number of jobs for Ohioans. Grant awards may be	66176
considered only when (1) the project's viability hinges on an	66177
award of funds from appropriation item 195-412, Rapid Outreach	66178
Grants; (2) all other public or private sources of financing have	66179
been considered; or (3) the funds act as a catalyst for the	66180
infusion into the project of other financing sources.	66181

The department's primary goal shall be to award funds to	66182
political subdivisions of the state for off-site infrastructure	66183
improvements. In order to meet the particular needs of economic	66184
development in a region, the department may elect to award funds	66185
directly to a business for on-site infrastructure improvements.	66186
"Infrastructure improvements" mean improvements to water system	66187
facilities, sewer and sewage treatment facilities, electric or gas	66188
service facilities, fiber optic facilities, rail facilities, site	66189
preparation, and parking facilities. The Director of Development	66190
may recommend the funds be used in an alternative manner when	66191
considered appropriate to meet an extraordinary economic	66192
development opportunity or need.	66193

The foregoing appropriation item 195-412, Rapid Outreach	66194
Grants, may be expended only after the submission of a request to	66195
the Controlling Board by the Department of Development outlining	66196
the planned use of the funds, and the subsequent approval of the	66197
request by the Controlling Board.	66198

The foregoing appropriation item 195-412, Rapid Outreach	66199
Grants, may be used for, but is not limited to, construction,	66200
rehabilitation, and acquisition projects for rail freight	66201
assistance as requested by the Department of Transportation. The	66202
Director of Transportation shall submit the proposed projects to	66203
the Director of Development for an evaluation of potential	66204
economic benefit.	66205

Section 263.10.40. ECONOMIC DEVELOPMENT DIVISION AND REGIONAL	66206
OFFICES	66207

The foregoing appropriation item 195-415, Economic	66208
Development Division and Regional Offices, shall be used for the	66209
operating expenses of the Economic Development Division and the	66210
regional economic development offices and for grants for	66211
cooperative economic development ventures.	66212

Section 263.10.50. GOVERNOR'S OFFICE OF APPALACHIA

66213

The foregoing appropriation item 195-416, Governor's Office	66214
of Appalachia, shall be used for the administrative costs of	66215
planning and liaison activities for the Governor's Office of	66216
Appalachia, and to provide financial assistance to projects in	66217
Ohio's Appalachian counties.	66218

Of the foregoing appropriation item 195-416, Governor's	66219
Office of Appalachia, up to $250,000 each fiscal year shall be	66220
used to match federal funds from the Appalachian Regional	66221
Commission to provide job training to impact the Appalachian	66222
Region.	66223

Of the foregoing appropriation item 195-416, Governor's	66224
Office of Appalachia, up to $4,246,043 in each fiscal year shall	66225
be used in conjunction with other federal and state funds to	66226
provide financial assistance to projects in Ohio's Appalachian	66227
counties in order to further the goals of the Appalachian Regional	66228
Commission. The projects and project sponsors shall meet	66229
Appalachian Regional Commission eligibility requirements. Grants	66230
shall be administered by the Department of Development.	66231

Section 263.10.60. THIRD FRONTIER ACTION FUND

66232

The foregoing appropriation item 195-422, Third Frontier	66233
Action Fund, shall be used to make grants under sections 184.01	66234
and 184.02 of the Revised Code. Prior to the release of funds from	66235
appropriation item 195-422, Third Frontier Action Fund, each grant	66236
award shall be recommended for funding by the Third Frontier	66237
Commission and obtain approval from the Controlling Board.	66238

Of the foregoing appropriation item 195-422, Third Frontier	66239
Action Fund, not more than six per cent in each fiscal year shall	66240
be used for operating expenditures in administering the program.	66241

In addition to the six per cent for operating expenditures,	66242
an additional administrative amount, not to exceed $1,500,000	66243
within the biennium, shall be available for proposal evaluation,	66244
research and analyses, and marketing efforts considered necessary	66245
to receive and disseminate information about science and	66246
technology-related opportunities in the state.	66247

Of the foregoing appropriation item 195-422, Third Frontier	66248
Action Fund, $2,000,000 in fiscal year 2008 shall be used by	66249
Project Development, Inc., for business and job creation resulting	66250
from Third Frontier investments.	66251

SCIENCE AND TECHNOLOGY COLLABORATION

66252

The Department of Development shall work in close	66253
collaboration with the Board of Regents, the Air Quality	66254
Development Authority, and the Third Frontier Commission in	66255
relation to appropriation items and programs referred to as	66256
Alignment Programs in the following paragraph, and other	66257
technology-related appropriations and programs in the Department	66258
of Development, Air Quality Development Authority, and the Board	66259
of Regents as these agencies may designate, to ensure	66260
implementation of a coherent state strategy with respect to	66261
science and technology.	66262

"Alignment Programs" means appropriation items 195-401,	66263
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	66264
Third Frontier Action Fund; 898-604, Coal Research and Development	66265
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	66266
Institute of Technology; 235-510, Ohio Supercomputer Center;	66267
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	66268
235-535, Ohio Agricultural Research and Development Center;	66269
235-553, Dayton Area Graduate Studies Institute; 235-554,	66270
Priorities in Collaborative Graduate Education; 235-556, Ohio	66271
Academic Resources Network; 195-435, Biomedical Research and	66272
Technology Transfer Trust; 195-687, Third Frontier Research &	66273
Development Projects; CAP-068, Third Frontier Project; and	66274
195-692, Research & Development Taxable Bond Projects.	66275

Consistent with the recommendations of the Governor's	66276
Commission on Higher Education and the Economy, Alignment Programs	66277
shall be managed and administered in accordance with the following	66278
objectives: (1) to build on existing competitive research	66279
strengths; (2) to encourage new and emerging discoveries and	66280
commercialization of products and ideas that will benefit the Ohio	66281
economy; and (3) to assure improved collaboration among Alignment	66282
Programs with programs administered by the Third Frontier	66283
Commission and with other state programs that are intended to	66284
improve economic growth and job creation. As directed by the Third	66285
Frontier Commission, Alignment Program managers shall report to	66286
the Commission or the Third Frontier Advisory Board regarding the	66287
contributions of their programs to achieving these objectives.	66288

Each Alignment Program shall be reviewed annually by the	66289
Third Frontier Commission with respect to its development of	66290
complementary relationships within a combined state science and	66291
technology investment portfolio, and with respect to its overall	66292
contribution to the state's science and technology strategy,	66293
including the adoption of appropriately consistent criteria for:	66294
(1) the scientific merit of activities supported by the program;	66295
(2) the relevance of the program's activities to commercial	66296
opportunities in the private sector; (3) the private sector's	66297
involvement in a process that continually evaluates commercial	66298
opportunities to use the work supported by the program; and (4)	66299
the ability of the program and recipients of grant funding from	66300
the program to engage in activities that are collaborative,	66301
complementary, and efficient with respect to the expenditures of	66302
state funds. Each Alignment Program shall provide an annual report	66303
to the Third Frontier Commission that discusses existing, planned,	66304
or possible collaborations between programs and between recipients	66305
of grant funding related to technology, development,	66306
commercialization, and the support of Ohio's economic development.	66307
The annual review conducted by the Third Frontier Commission shall	66308
be a comprehensive review of the entire state science and	66309
technology program portfolio rather than a review of individual	66310
programs.	66311

Applicants for Third Frontier and Alignment Programs funding	66312
shall identify their requirements for high-performance computing	66313
facilities and services, including both hardware and software, in	66314
all proposals. If an applicant's requirements exceed approximately	66315
$100,000 for a proposal, the Ohio Supercomputer Center shall	66316
convene a panel of experts. The panel shall review the proposal to	66317
determine whether the proposal's requirements can be met through	66318
Ohio Supercomputer Center facilities or through other means and	66319
report such information to the Third Frontier Commission.	66320

To ensure that the state receives the maximum benefit from	66321
its investment in the Third Frontier Project and the Third	66322
Frontier Network, organizations receiving Third Frontier awards	66323
and Alignment Programs awards shall, as appropriate, be expected	66324
to have a connection to the Third Frontier Network that enables	66325
them and their collaborators to achieve award objectives through	66326
the Third Frontier Network.	66327

Section 263.10.70. INTERNATIONAL TRADE

66328

The foregoing appropriation item 195-432, International	66329
Trade, shall be used to operate and to maintain Ohio's	66330
out-of-state trade offices.	66331

The Director of Development may enter into contracts with	66332
foreign nationals to staff foreign offices. The contracts may be	66333
paid in local currency or United States currency and shall be	66334
exempt from section 127.16 of the Revised Code. The director also	66335
may establish foreign currency accounts under section 122.05 of	66336
the Revised Code for the payment of expenses related to the	66337
operation and maintenance of the foreign trade offices.	66338

The foregoing appropriation item 195-432, International	66339
Trade, shall be used to fund the International Trade Division and	66340
to assist Ohio manufacturers and agricultural producers in	66341
exporting to foreign countries in conjunction with the Department	66342
of Agriculture.	66343

Of the foregoing appropriation item 195-432, International	66344
Trade, up to $35,000 may be used to purchase gifts for	66345
representatives of foreign governments or dignitaries of foreign	66346
countries.	66347

Section 263.10.80. OHIO INVESTMENT IN TRAINING PROGRAM

66348

The foregoing appropriation items 195-434, Investment in	66349
Training Grants, and 195-667, Investment in Training Expansion,	66350
shall be used to promote training through grants for the	66351
reimbursement of eligible training expenses.	66352

Of the foregoing appropriation item 195-434, Investment in	66353
Training Grants, $300,000 in each fiscal year shall be used for	66354
the Re-Tooling for Success Program at Washington State Community	66355
College.	66356

Section 263.10.90. CDBG OPERATING MATCH

66357

The foregoing appropriation item 195-497, CDBG Operating	66358
Match, shall be used to provide matching funds as requested by the	66359
United States Department of Housing and Urban Development to	66360
administer the federally funded Community Development Block Grant	66361
(CDBG) program.	66362

STATE OPERATING MATCH

66363

The foregoing appropriation item 195-498, State Match Energy,	66364
shall be used to provide matching funds as required by the United	66365
States Department of Energy to administer the federally funded	66366
State Energy Plan.	66367

Section 263.10.95. DEFENSE CONVERSION ASSISTANCE

66368

Of the foregoing appropriation item 195-410, Defense	66369
Conversion Assistance, $5,000,000 in fiscal year 2008 shall be	66370
used as a state match to federal dollars for the relocation of	66371
jobs at Wright-Patterson Air Force Base and vicinity as a result	66372
of job losses from the base realignment and closure process.	66373

Section 263.10.97. STATE FILM BUREAU

66374

There is hereby created the State Film Bureau. The mission of	66375
the Bureau shall be to promote media production in the state and	66376
to help the industry optimize its production experience in the	66377
state, including enhancing local economies through increased	66378
employment and tax revenues and ensuring an accurate portrayal of	66379
Ohio. The Bureau shall serve as an informational clearinghouse and	66380
provide technical assistance to the media production industry and	66381
business entities engaged in media production in the state. The	66382
Bureau shall promote Ohio as the ideal site for media production	66383
and help those in the industry benefit from their experience in	66384
the state.	66385

The primary objective of the Bureau shall be to encourage	66386
development of a strong capital base for electronic media	66387
production in order to achieve an independent, self-supporting	66388
industry in Ohio. Other objectives shall include:	66389

(A) Attracting private investment for the electronic media	66390
production industry;	66391

(B) Developing a tax infrastructure that encourages private	66392
investment; and	66393

(C) Encouraging increased employment opportunities within	66394
this sector and increased competition with other states.	66395

The State Film Bureau shall conduct a study of Ohio's media	66396
production industry and make recommendations that lead to job	66397
growth in that industry. The study shall identify and benchmark	66398
Ohio's current and potential capabilities for growth in the	66399
sectors and sub-sectors of commercial, industrial, education, and	66400
entertainment media. The Bureau shall prepare a comprehensive	66401
report of its findings, along with recommendations for private	66402
sector and public policy initiatives that can lead to the future	66403
growth of the media production industry in Ohio, increased job	66404
opportunities, and the enhancement of Ohio's image as a desirable	66405
place to do business.	66406

Section 263.20.10. TRAVEL AND TOURISM GRANTS

66407

The foregoing appropriation item 195-507, Travel and Tourism	66408
Grants, shall be used to provide grants to local organizations to	66409
support various local travel and tourism events in Ohio.	66410

Of the foregoing appropriation item 195-507, Travel and	66411
Tourism Grants, $50,000 in each fiscal year shall be used for the	66412
Cleveland Film Bureau.	66413

Of the foregoing appropriation item 195-507, Travel and	66414
Tourism Grants, $50,000 in each fiscal year shall be used for the	66415
Cincinnati Film Bureau.	66416

Of the foregoing appropriation item 195-507, Travel and	66417
Tourism Grants, $500,000 in each fiscal year shall be used for	66418
grants to The International Center for the Preservation of Wild	66419
Animals.	66420

Of the foregoing appropriation item 195-507, Travel and	66421
Tourism Grants, $50,000 in each fiscal year shall be used for the	66422
Greater Cleveland Sports Commission.	66423

Of the foregoing appropriation item 195-507, Travel and	66424
Tourism Grants, $50,000 in each fiscal year shall be used for the	66425
Greater Columbus Sports Commission.	66426

Of the foregoing appropriation item 195-507, Travel and	66427
Tourism Grants, $50,000 in fiscal year 2008 shall be used for the	66428
Ohio Alliance of Science Centers.	66429

Of the foregoing appropriation item 195-507, Travel and	66430
Tourism Grants, $100,000 in each fiscal year shall be used for the	66431
Harbor Heritage Society/Great Lakes Science Center in support of	66432
operations of the Steamship William G. Mather Maritime Museum, and	66433
$100,000 in each fiscal year shall be used for the Great Lakes	66434
Historical Society.	66435

Of the foregoing appropriation item 195-507, Travel and	66436
Tourism Grants, $35,000 in fiscal year 2009 shall be used for the	66437
Ohio Junior Angus Association to assist with costs associated with	66438
hosting the Eastern Regional Junior Angus Show in June 2009.	66439

Of the foregoing appropriation item 195-507, Travel and	66440
Tourism Grants, $60,000 in each fiscal year shall be used for the	66441
Ohio River Trails program.	66442

Of the foregoing appropriation item 195-507, Travel and	66443
Tourism Grants, $60,000 in each fiscal year shall be used to	66444
support the outdoor drama "Tecumseh!"	66445

Of the foregoing appropriation item 195-507, Travel and	66446
Tourism Grants, $25,000 in each fiscal year shall be used for	66447
Ohio's Appalachian Country.	66448

Of the foregoing appropriation item 195-507, Travel and	66449
Tourism Grants, $25,000 in each fiscal year shall be used for the	66450
Garst Museum.	66451

Of the foregoing appropriation item 195-507, Travel and	66452
Tourism Grants, $10,000 in each fiscal year shall be used for the	66453
Pro Football Hall of Fame Festival.	66454

Section 263.20.13. OHIO MAIN STREET PROGRAM

66455

Of the foregoing appropriation item 195-520, Ohio Main Street	66456
Program, $500,000 in fiscal year 2008 shall be used for the	66457
rebuilding and revitalization of downtown Wauseon following the	66458
April 14, 2007, fire in that community. Such funds shall be used	66459
by the mayor of Wauseon or the mayor's designee to provide grants	66460
and matching grants to owners or their successors whose buildings	66461
and property were damaged or destroyed by the fire. Such grants	66462
shall only be used to supplement investments of owners or	66463
successors who are rebuilding in the downtown location of the	66464
fire.	66465

Section 263.20.16. DISCOVER OHIO!

66466

The foregoing appropriation item 195-521, Discover Ohio!,	66467
shall be used by the Division of Travel and Tourism in the	66468
Department of Development for marketing and promoting Ohio as a	66469
tourism destination and for nonpersonnel costs associated with	66470
operating such programs.	66471

Section 263.20.20. THIRD FRONTIER RESEARCH & DEVELOPMENT	66472
GENERAL OBLIGATION DEBT SERVICE	66473

The foregoing appropriation item 195-905, Third Frontier	66474
Research & Development General Obligation Debt Service, shall be	66475
used to pay all debt service and related financing costs during	66476
the period from July 1, 2007, to June 30, 2009, on obligations	66477
issued for research and development purposes under sections 151.01	66478
and 151.10 of the Revised Code.	66479

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

66480

The foregoing appropriation item 195-912, Job Ready Site	66481
Development General Obligation Debt Service, shall be used to pay	66482
all debt service and related financing costs during the period	66483
from July 1, 2007, to June 30, 2009, on obligations issued for job	66484
ready site development purposes under sections 151.01 and 151.11	66485
of the Revised Code.	66486

Section 263.20.30. SUPPORTIVE SERVICES

66487

The Director of Development may assess divisions of the	66488
department for the cost of central service operations. An	66489
assessment shall be based on a plan submitted to and approved by	66490
the Office of Budget and Management by August 1, 2007, and shall	66491
contain the characteristics of administrative ease and uniform	66492
application.	66493

A division's payments shall be credited to the Supportive	66494
Services Fund (Fund 135) using an intrastate transfer voucher.	66495

WORKFORCE GUARANTEE PROGRAM

66496

The foregoing appropriation item 195-668, Workforce Guarantee	66497
Program, shall be used for the Workforce Guarantee Program.	66498

Benefited employers must create at least 20 high-paying,	66499
full-time jobs over a one-year period and must demonstrate prior	66500
to the commitment of state funds that the availability of those	66501
skilled workers is a major factor in the employer's decision to	66502
locate or expand in Ohio. Customized training activities are	66503
eligible for funding through the Workforce Guarantee Program.	66504

The Director of Development, under Chapter 119. of the	66505
Revised Code, shall adopt, and may amend or rescind, rules the	66506
Director finds necessary for the implementation and successful	66507
operation of the Workforce Guarantee Program.	66508

ECONOMIC DEVELOPMENT CONTINGENCY

66509

Of the foregoing appropriation item 195-677, Economic	66510
Development Contingency, up to $19,400,000 shall be used by the	66511
Third Frontier Commission in fiscal year 2009 for biomedical	66512
research and technology transfer purposes under sections 184.01 to	66513
184.03 of the Revised Code.	66514

Of the foregoing appropriation item 195-677, Economic	66515
Development Contingency, $1,500,000 in fiscal year 2008 shall be	66516
used for Cleveland Hopkins International Airport projects to	66517
support increased service and expand the existing hub, as defined	66518
in 49 U.S.C. 40102, Infrastructure.	66519

DIRECT COST RECOVERY EXPENDITURES

66520

The foregoing appropriation item 195-636, Direct Cost	66521
Recovery Expenditures, shall be used for conference and	66522
subscription fees and other reimbursable costs. Revenues to the	66523
General Reimbursement Fund (Fund 685) shall consist of fees and	66524
other moneys charged for conferences, subscriptions, and other	66525
administrative costs that are not central service costs.	66526

Section 263.20.40. HEAP WEATHERIZATION

66527

Fifteen per cent of the federal funds received by the state	66528
for the Home Energy Assistance Block Grant shall be deposited in	66529
appropriation item 195-614, HEAP Weatherization (Fund 3K9), and	66530
shall be used to provide home weatherization services in the	66531
state.	66532

The Department of Development shall seek, and if approved	66533
shall implement, a federal waiver to increase the percentage of	66534
the Home Energy Block Grant that may be used for weatherization to	66535
at least sixteen and one-half per cent in fiscal year 2008 and at	66536
least seventeen and one-half per cent in fiscal year 2009. Upon	66537
approval of the federal waiver, the Director of Development shall	66538
seek Controlling Board approval to adjust appropriation items	66539
195-611, Home Energy Assistance Block Grant, and 195-614, HEAP	66540
Weatherization, as needed to implement the federal waiver.	66541

STATE SPECIAL PROJECTS

66542

The foregoing fund, Fund 4F2, State Special Projects Fund,	66543
shall be used for the deposit of private-sector funds from utility	66544
companies and for the deposit of other miscellaneous state funds.	66545
Private-sector moneys shall be used to (1) pay the expenses of	66546
verifying the income-eligibility of HEAP applicants, (2) market	66547
economic development opportunities in the state, and (3) leverage	66548
additional federal funds. State funds shall be used to match	66549
federal housing grants for the homeless and to market economic	66550
development opportunities in the state.	66551

Section 263.20.50. TAX INCENTIVE PROGRAMS OPERATING

66552

On July 1, 2007, or as soon thereafter as possible, the	66553
Director of Budget and Management shall transfer the cash balance	66554
in the Job Creation Tax Credit Operating Fund (Fund 4S1) to the	66555
Tax Incentive Programs Operating Fund (Fund 4S0). The Director	66556
shall cancel any existing encumbrances against appropriation item	66557
195-634, Job Creation Tax Credit Operating (Fund 4S1), and	66558
re-establish them against appropriation item 195-630, Tax	66559
Incentive Programs Operating (Fund 4S0). The amounts of the	66560
re-established encumbrances are hereby appropriated.	66561

Section 263.20.60. MINORITY BUSINESS ENTERPRISE LOAN

66562

All repayments from the Minority Development Financing	66563
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	66564
Program shall be deposited in the State Treasury to the credit of	66565
the Minority Business Enterprise Loan Fund (Fund 4W1).	66566

All operating costs of administering the Minority Business	66567
Enterprise Loan Fund shall be paid from the Minority Business	66568
Enterprise Loan Fund (Fund 4WI).	66569

MINORITY BUSINESS BONDING FUND

66570

Notwithstanding Chapters 122., 169., and 175. of the Revised	66571
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	66572
General Assembly, the Director of Development may, upon the	66573
recommendation of the Minority Development Financing Advisory	66574
Board, pledge up to $10,000,000 in the FY 2008-2009 biennium of	66575
unclaimed funds administered by the Director of Commerce and	66576
allocated to the Minority Business Bonding Program under section	66577
169.05 of the Revised Code. The transfer of any cash by the	66578
Director of Budget and Management from the Department of	66579
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	66580
Development's Minority Business Bonding Fund (Fund 449) shall	66581
occur, if requested by the Director of Development, only if such	66582
funds are needed for payment of losses arising from the Minority	66583
Business Bonding Program, and only after proceeds of the initial	66584
transfer of $2,700,000 by the Controlling Board to the Minority	66585
Business Bonding Program has been used for that purpose. Moneys	66586
transferred by the Director of Budget and Management from the	66587
Department of Commerce for this purpose may be moneys in custodial	66588
funds held by the Treasurer of State. If expenditures are required	66589
for payment of losses arising from the Minority Business Bonding	66590
Program, such expenditures shall be made from appropriation item	66591
195-623, Minority Business Bonding Contingency in the Minority	66592
Business Bonding Fund, and such amounts are appropriated.	66593

Section 263.20.70. ECONOMIC DEVELOPMENT FINANCING OPERATING

66594

The foregoing appropriation item 195-625, Economic	66595
Development Financing Operating, shall be used for the operating	66596
expenses of financial assistance programs authorized under Chapter	66597
166. of the Revised Code and under sections 122.43 and 122.45 of	66598
the Revised Code.	66599

ALTERNATIVE FUEL TRANSPORTATION

66600

The foregoing appropriation item 195-679, Alternative Fuel	66601
Transportation, shall be used by the Director of Development to	66602
make grants under the Alternative Fuel Transportation Grant Fund	66603
Program in accordance with section 122.075 of the Revised Code,	66604
and for administrative costs associated with the program.	66605

Of the foregoing appropriation item 195-679, Alternative Fuel	66606
Transportation, up to $1,000,000 in each fiscal year shall be used	66607
to encourage retail gas stations to provide E85 and B20 (or	66608
higher) fuel to customers in accordance with section 122.075 of	66609
the Revised Code.	66610

LOW INCOME ENERGY ASSISTANCE

66611

The foregoing appropriation item 195-659, Low Income Energy	66612
Assistance, shall be used to provide payments to regulated	66613
electric utility companies for low-income customers enrolled in	66614
Percentage of Income Payment Plan (PIPP) electric accounts, to	66615
fund targeted energy efficiency and customer education services to	66616
PIPP customers, and to cover the department's administrative costs	66617
related to Universal Service Fund Programs. If it is determined	66618
that additional appropriations are necessary to provide payments	66619
to regulated utility companies for low income customers enrolled	66620
in PIPP electric accounts, such appropriations are subject to	66621
approval by the Controlling Board upon the submission of a request	66622
by the Department of Development.	66623

ADVANCED ENERGY FUND

66624

The foregoing appropriation item 195-660, Advanced Energy	66625
Programs, shall be used to provide financial assistance to	66626
customers for eligible advanced energy projects for residential,	66627
commercial and industrial business, local government, educational	66628
institution, nonprofit, and agriculture customers, and to pay for	66629
the program's administrative costs as provided in the Revised Code	66630
and rules adopted by the Director of Development.	66631

Of the foregoing appropriation item 195-660, Advanced Energy	66632
Programs, up to $1,500,000 over the biennium shall be used for	66633
methane digester projects in certified territories of electric	66634
distribution utilities and elsewhere throughout the state.	66635

Of the foregoing appropriation item 195-660, Advanced Energy	66636
Programs, up to $250,000 in each fiscal year shall be used for	66637
grants to school districts under section 3327.17 of the Revised	66638
Code.	66639

By July 1, 2007, or as soon as possible thereafter, the	66640
Director of Budget and Management shall transfer $90,485 in cash	66641
from the Advanced Energy Fund (Fund 5M5) to the General Revenue	66642
Fund for use by the Division of Geological Survey in the	66643
Department of Natural Resources. The amount of the transfer is	66644
hereby appropriated in GRF appropriation item 728-321, Division of	66645
Geological Survey.	66646

By July 1, 2008, or as soon as possible thereafter, the	66647
Director of Budget and Management shall transfer $64,557 in cash	66648
from the Advanced Energy Fund (Fund 5M5) to the General Revenue	66649
Fund for use by the Division of Geological Survey in the	66650
Department of Natural Resources. The amount of the transfer is	66651
hereby appropriated in GRF appropriation item 728-321, Division of	66652
Geological Survey.	66653

TRANSFER FROM THE ADVANCED ENERGY FUND TO THE INDUSTRIAL SITE	66654
IMPROVEMENTS FUND	66655

Notwithstanding Chapters 122. and 4928. of the Revised Code	66656
and any other law to the contrary, the Director of Budget and	66657
Management shall transfer $4,500,000 in cash in fiscal year 2008	66658
and $4,500,000 in cash in fiscal year 2009 from the Advanced	66659
Energy Fund (Fund 5M5) to the Industrial Site Improvements Fund	66660
(Fund 5AR).	66661

Moneys in Fund 5AR, Industrial Site Improvements, shall be	66662
used by the Director of Development to make grants to eligible	66663
counties for the improvement of commercial or industrial areas	66664
within those counties under section 122.951 of the Revised Code.	66665

TRANSFER FROM THE ADVANCED ENERGY FUND FOR THE COAL	66666
DEVELOPMENT OFFICE	66667

Notwithstanding Chapters 122. and 4928. of the Revised Code	66668
and any other law to the contrary, the Director of Budget and	66669
Management may transfer $5,595 in fiscal year 2008 and $23,600 in	66670
fiscal year 2009 from the Advanced Energy Fund (Fund 5M5) to the	66671
General Revenue Fund for use in appropriation item 898-402, Coal	66672
Development Office, in the Air Quality Development Authority. The	66673
amounts of the transfers are hereby appropriated.	66674

GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS

66675

All payments received by the state pursuant to a series of	66676
settlements with ten brokerage firms reached with the United	66677
States Securities and Exchange Commission, the National	66678
Association of Securities Dealers, the New York Stock Exchange,	66679
the New York Attorney General, and other state regulators	66680
(henceforth referred to as the "Global Analysts Settlement	66681
Agreements"), shall be deposited into the state treasury to the	66682
credit of the Economic Development Contingency Fund (Fund 5Y6),	66683
which is hereby created in the state treasury. The fund shall be	66684
used by the Director of Development to support economic	66685
development projects for which appropriations would not otherwise	66686
be available, and shall be subject to the submission of a request	66687
to the Controlling Board by the Director outlining the planned use	66688
of the funds, and the subsequent approval of the request by the	66689
Controlling Board.	66690

VOLUME CAP ADMINISTRATION

66691

The foregoing appropriation item 195-654, Volume Cap	66692
Administration, shall be used for expenses related to the	66693
administration of the Volume Cap Program. Revenues received by the	66694
Volume Cap Administration Fund (Fund 617) shall consist of	66695
application fees, forfeited deposits, and interest earned from the	66696
custodial account held by the Treasurer of State.	66697

INNOVATION OHIO LOAN FUND

66698

The foregoing appropriation item 195-664, Innovation Ohio,	66699
shall be used to provide for innovation Ohio purposes, including	66700
loan guarantees and loans under Chapter 166. and particularly	66701
sections 166.12 to 166.16 of the Revised Code.	66702

RESEARCH AND DEVELOPMENT

66703

The foregoing appropriation item 195-665, Research and	66704
Development, shall be used to provide for research and development	66705
purposes, including loans, under Chapter 166. and particularly	66706
sections 166.17 to 166.21 of the Revised Code.	66707

Section 263.20.75. TRANSFER FROM THE LOW- AND MODERATE-INCOME	66708
HOUSING TRUST FUND TO THE RESIDENTIAL STATE SUPPLEMENT FUND	66709

Notwithstanding Chapter 175. of the Revised Code and any	66710
other law to the contrary, the Director of Budget and Management	66711
shall transfer $1,500,000 cash in fiscal year 2008 and $1,500,000	66712
cash in fiscal year 2009 from the Low- and Moderate-Income Housing	66713
Trust Fund (Fund 646) in the Department of Development to the	66714
Residential State Supplement Fund (Fund 5CH) in the Department of	66715
Mental Health.	66716

Section 263.20.80. FACILITIES ESTABLISHMENT FUND

66717

The foregoing appropriation item 195-615, Facilities	66718
Establishment (Fund 037), shall be used for the purposes of the	66719
Facilities Establishment Fund under Chapter 166. of the Revised	66720
Code.	66721

Notwithstanding Chapter 166. of the Revised Code, an amount	66722
not to exceed $1,800,000 in cash each fiscal year may be	66723
transferred from the Facilities Establishment Fund (Fund 037) to	66724
the Economic Development Financing Operating Fund (Fund 451). The	66725
transfer is subject to Controlling Board approval under division	66726
(B) of section 166.03 of the Revised Code.	66727

Notwithstanding Chapter 166. of the Revised Code, an amount	66728
not to exceed $5,475,000 in cash each fiscal year may be	66729
transferred during the biennium from the Facilities Establishment	66730
Fund (Fund 037) to the Urban Redevelopment Loans Fund (Fund 5D2)	66731
for the purpose of removing barriers to urban core redevelopment.	66732
The Director of Development shall develop program guidelines for	66733
the transfer and release of funds, including, but not limited to,	66734
the completion of all appropriate environmental assessments before	66735
state assistance is committed to a project. The transfers shall be	66736
subject to approval by the Controlling Board upon the submission	66737
of a request by the Department of Development.	66738

Notwithstanding Chapter 166. of the Revised Code, an amount	66739
not to exceed $3,000,000 in cash each fiscal year may be	66740
transferred from the Facilities Establishment Fund (Fund 037) to	66741
the Rural Industrial Park Loan Fund (Fund 4Z6). The transfer is	66742
subject to Controlling Board approval under section 166.03 of the	66743
Revised Code.	66744

Notwithstanding Chapter 166. of the Revised Code, of the	66745
foregoing appropriation item 195-615, Facilities Establishment,	66746
$1,500,000 in fiscal year 2008 shall be used for business	66747
development by any current or future port authority located in	66748
Clark County.	66749

Notwithstanding Chapter 166. of the Revised Code, on July 1,	66750
2007, or as soon as possible thereafter, the Director of Budget	66751
and Management, at the request of the Director of Development,	66752
shall transfer $5,719,325 cash from the Facilities Establishment	66753
Fund (Fund 037) to the General Revenue Fund. Of the amount to be	66754
transferred, $5,352,500 in fiscal year 2008 is hereby appropriated	66755
in appropriation item 195-412, Rapid Outreach Grants, and $366,825	66756
in fiscal year 2008 is hereby appropriated in appropriation item	66757
195-434, Investment in Training Grants.	66758

Notwithstanding Chapter 166. of the Revised Code, on July 1,	66759
2008, or as soon as possible thereafter, the Director of Budget	66760
and Management, at the request of the Director of Development,	66761
shall transfer $6,102,500 cash from the Facilities Establishment	66762
Fund (Fund 037) to the General Revenue Fund. The amount	66763
transferred is hereby appropriated in appropriation item 195-412,	66764
Rapid Outreach Grants, for fiscal year 2009.	66765

Notwithstanding Chapter 166. of the Revised Code, on the	66766
first day of July of each year of the biennium, or as soon as	66767
possible thereafter, the Director of Budget and Management, at the	66768
request of the Director of Development, shall transfer $4,275,000	66769
cash from the Facilities Establishment Fund (Fund 037) to the Job	66770
Development Initiatives Fund (Fund 5AD). The amount transferred is	66771
hereby appropriated in each fiscal year in appropriation item	66772
195-677, Economic Development Contingency.	66773

Notwithstanding Chapter 166. of the Revised Code, of the	66774
foregoing appropriation item 195-615, Facilities Establishment,	66775
$1,500,000 in fiscal year 2008 shall be used for the City of	66776
Toledo's Marina District Development project. Disbursement of	66777
funds for this purpose shall not take precedence over any existing	66778
obligations from the Facilities Establishment Fund or any other	66779
provision in this section.	66780

ALTERNATIVE FUEL TRANSPORTATION GRANT FUND

66781

Notwithstanding Chapter 166. of the Revised Code, an amount	66782
not to exceed $1,000,000 in cash each fiscal year shall be	66783
transferred from moneys in the Facilities Establishment Fund (Fund	66784
037) to the Alternative Fuel Transportation Grant Fund (Fund 5CG)	66785
in the Department of Development.	66786

RURAL DEVELOPMENT INITIATIVE FUND

66787

(A)(1) The Rural Development Initiative Fund (Fund 5S8) is	66788
entitled to receive moneys from the Facilities Establishment Fund	66789
(Fund 037). The Director of Development may make grants from the	66790
Rural Development Initiative Fund as specified in division (A)(2)	66791
of this section to eligible applicants in Appalachian counties and	66792
in rural counties in the state that are designated as distressed	66793
under section 122.25 of the Revised Code. Preference shall be	66794
given to eligible applicants located in Appalachian counties	66795
designated as distressed by the federal Appalachian Regional	66796
Commission. The Rural Development Initiative Fund (Fund 5S8) shall	66797
cease to exist after June 30, 2009. All moneys remaining in the	66798
Fund after that date shall revert to the Facilities Establishment	66799
Fund (Fund 037).	66800

(2) The Director of Development shall make grants from the	66801
Rural Development Initiative Fund (Fund 5S8) only to eligible	66802
applicants who also qualify for and receive funding under the	66803
Rural Industrial Park Loan Program as specified in sections 122.23	66804
to 122.27 of the Revised Code. Eligible applicants shall use the	66805
grants for the purposes specified in section 122.24 of the Revised	66806
Code. All projects supported by grants from the fund are subject	66807
to Chapter 4115. of the Revised Code as specified in division (E)	66808
of section 166.02 of the Revised Code. The Director shall develop	66809
program guidelines for the transfer and release of funds. The	66810
release of grant moneys to an eligible applicant is subject to	66811
Controlling Board approval.	66812

(B) Notwithstanding Chapter 166. of the Revised Code, the	66813
Director of Budget and Management may transfer an amount not to	66814
exceed $3,000,000 in cash each fiscal year on an as-needed basis	66815
at the request of the Director of Development from the Facilities	66816
Establishment Fund (Fund 037) to the Rural Development Initiative	66817
Fund (Fund 5S8). The transfer is subject to Controlling Board	66818
approval under section 166.03 of the Revised Code.	66819

CAPITAL ACCESS LOAN PROGRAM

66820

The foregoing appropriation item 195-628, Capital Access Loan	66821
Program, shall be used for operating, program, and administrative	66822
expenses of the program. Funds of the Capital Access Loan Program	66823
shall be used to assist participating financial institutions in	66824
making program loans to eligible businesses that face barriers in	66825
accessing working capital and obtaining fixed-asset financing.	66826

Notwithstanding Chapter 166. of the Revised Code, the	66827
Director of Budget and Management may transfer an amount not to	66828
exceed $3,000,000 in cash each fiscal year on an as-needed basis	66829
at the request of the Director of Development from the Facilities	66830
Establishment Fund (Fund 037) to the Capital Access Loan Program	66831
Fund (Fund 5S9). The transfer is subject to Controlling Board	66832
approval under section 166.03 of the Revised Code.	66833

Section 263.20.90. CLEAN OHIO OPERATING EXPENSES

66834

The foregoing appropriation item 195-663, Clean Ohio	66835
Operating, shall be used by the Department of Development in	66836
administering sections 122.65 to 122.658 of the Revised Code.	66837

THIRD FRONTIER OPERATING

66838

The foregoing appropriation item 195-686, Third Frontier	66839
Operating, shall be used for operating expenses incurred by the	66840
Department of Development in administering sections 184.10 to	66841
184.20 of the Revised Code.	66842

THIRD FRONTIER RESEARCH & DEVELOPMENT PROJECTS AND RESEARCH &	66843
DEVELOPMENT TAXABLE BOND PROJECTS	66844

The foregoing appropriation items 195-687, Third Frontier	66845
Research & Development Projects, and 195-692, Research &	66846
Development Taxable Bond Projects, shall be used by the Department	66847
of Development to fund selected projects pursuant to sections	66848
184.10 to 184.20 of the Revised Code. These projects are	66849
designated as costs of research and development projects to which	66850
the proceeds of the Third Frontier Research and Development Fund	66851
(Fund 011) and the Research & Development Taxable Bond Project	66852
Fund (Fund 014) are to be applied.	66853

Notwithstanding sections 184.10 to 184.20 of the Revised	66854
Code, up to $8,600,000 in fiscal year 2008 from appropriation item	66855
195-687, Third Frontier Research and Development Projects, and	66856
appropriation item 195-692, Research & Development Taxable Bond	66857
Projects, shall be used by the Office of Information Technology,	66858
in partnership with the Ohio Supercomputer Center's OSCnet, to	66859
acquire the equipment and services necessary to migrate state	66860
agencies' network to the existing OSCnet network backbone. This	66861
state network shall be known as the NextGen Network.	66862

Notwithstanding sections 184.10 to 184.20 of the Revised	66863
Code, up to $20,000,000 in fiscal year 2009 from the total of the	66864
amounts in appropriation items 195-687, Third Frontier Research &	66865
Development Projects, and 195-692, Research & Development Taxable	66866
Bond Projects, shall be used to fund the Ohio Research Scholars	66867
Program in the Board of Regents pursuant to sections 3333.60 to	66868
3333.70 of the Revised Code.	66869

Notwithstanding sections 184.10 to 184.20 of the Revised	66870
Code, at the direction of the Director of Budget and Management up	66871
to $18,000,000 in each fiscal year from appropriation item	66872
195-687, Third Frontier Research & Development Projects, and	66873
appropriation item 195-692, Research & Development Taxable Bond	66874
Projects, shall be used to fund the Research Incentive Program in	66875
the Board of Regents.	66876

On or before June 30, 2008, any unencumbered balances of the	66877
foregoing appropriation items 195-687, Third Frontier Research &	66878
Development Projects, and 195-692, Research & Development Taxable	66879
Bond Projects, for fiscal year 2008 are hereby appropriated for	66880
the same purposes for fiscal year 2009.	66881

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

66882

The Ohio Public Facilities Commission, upon request of the	66883
Department of Development, is hereby authorized to issue and sell,	66884
in accordance with Section 2p of Article VIII, Ohio Constitution,	66885
and particularly sections 151.01 and 151.10 of the Revised Code,	66886
original obligations of the State of Ohio in an aggregate amount	66887
not to exceed $150,000,000. The authorized obligations shall be	66888
issued and sold from time to time and in amounts necessary to	66889
ensure sufficient moneys to the credit of the Third Frontier	66890
Research & Development Fund (Fund 011) to pay costs of research	66891
and development projects.	66892

JOB READY SITE OPERATING

66893

The foregoing appropriation item 195-688, Job Ready Site	66894
Operating, shall be used for operating expenses incurred by the	66895
Department of Development in administering sections 122.085 to	66896
122.0820 of the Revised Code. Operating expenses include, but are	66897
not limited to, certain expenses of the District Public Works	66898
Integrating Committees, audit and accountability activities, and	66899
costs associated with formal certifications verifying that site	66900
infrastructure is in place and is functional.	66901

Section 263.30.10. UNCLAIMED FUNDS TRANSFER

66902

(A) Notwithstanding division (A) of section 169.05 of the	66903
Revised Code, upon the request of the Director of Budget and	66904
Management, the Director of Commerce, prior to June 30, 2008,	66905
shall transfer to the Job Development Initiatives Fund (Fund 5AD)	66906
an amount not to exceed $5,000,000 in cash of the unclaimed funds	66907
that have been reported by the holders of unclaimed funds under	66908
section 169.05 of the Revised Code, regardless of the allocation	66909
of the unclaimed funds described under that section.	66910

Notwithstanding division (A) of section 169.05 of the Revised	66911
Code, upon the request of the Director of Budget and Management,	66912
the Director of Commerce, prior to June 30, 2009, shall transfer	66913
to the Job Development Initiatives Fund (Fund 5AD) an amount not	66914
to exceed $24,400,000 in cash of the unclaimed funds that have	66915
been reported by the holders of unclaimed funds under section	66916
169.05 of the Revised Code, regardless of the allocation of the	66917
unclaimed funds described under that section.	66918

(B) Notwithstanding division (A) of section 169.05 of the	66919
Revised Code, upon the request of the Director of Budget and	66920
Management, the Director of Commerce, prior to June 30, 2008,	66921
shall transfer to the State Special Projects Fund (Fund 4F2) an	66922
amount not to exceed $2,500,000 of the unclaimed funds that have	66923
been reported by the holders of unclaimed funds under section	66924
169.05 of the Revised Code, regardless of the allocation of the	66925
unclaimed funds described under that section.	66926

Notwithstanding division (A) of section 169.05 of the Revised	66927
Code, upon the request of the Director of Budget and Management,	66928
the Director of Commerce, prior to June 30, 2009, shall transfer	66929
to the State Special Projects Fund (Fund 4F2) an amount not to	66930
exceed $2,500,000 in cash of the unclaimed funds that have been	66931
reported by the holders of unclaimed funds under section 169.05 of	66932
the Revised Code, regardless of the allocation of the unclaimed	66933
funds described under that section.	66934

Section 263.30.20. WORKFORCE DEVELOPMENT

66935

The Director of Development and the Director of Job and	66936
Family Services may enter into one or more interagency agreements	66937
between the two departments, hire staff, transfer staff, assign	66938
duties to staff, enter into contracts, transfer assets, and take	66939
other actions the directors consider necessary to provide services	66940
and assistance as necessary to integrate workforce development	66941
into a larger economic development strategy, to implement the	66942
recommendations of the Workforce Policy Board, and to perform	66943
activities related to the transition of the administration of	66944
employment programs identified by the board. Subject to the	66945
approval of the Director of Budget and Management, the Department	66946
of Development and the Department of Job and Family Services may	66947
expend funds to support the recommendations of the Workforce	66948
Policy Board in the area of integration of employment functions as	66949
described in this paragraph and to provide implementation and	66950
transition activities from the appropriations to those	66951
departments.	66952

Section 263.30.30. COMMISSION ON THE FUTURE OF HEALTH CARE	66953
EDUCATION AND PHYSICIAN RETENTION IN NW OH	66954

(A) Whereas, There is a physician shortage, particularly in	66955
certain specialties, that is predicted to worsen within the next	66956
decade; and	66957

Whereas, This shortage may worsen as a result of, among other	66958
factors, fewer than ten per cent of new graduates from the	66959
University of Toledo who choose to continue their training in	66960
northwest Ohio; and	66961

Whereas, Many of the problems confronting physician training	66962
at the graduate medical education level are already manifest in	66963
northwest Ohio; and	66964

Whereas, It is prudent to examine the physician shortage	66965
using northwest Ohio as a microcosm for the entire state of Ohio;	66966
now therefore be it	66967

Resolved by the Ohio General Assembly that there is hereby	66968
created the Commission on the Future of Health Care Education and	66969
Physician Retention in NW OH.	66970

(B) The Commission shall be composed of the following	66971
members:	66972

(1) Six representatives of health care providers in northwest	66973
Ohio, none of whom shall be from the same organization;	66974

(2) Six representatives of the health care profession in	66975
northwest Ohio, composed of the following individuals:	66976

(a) One from the College of Medicine at the University of	66977
Toledo;	66978

(b) One from the northwest Ohio chapter of the Ohio Nurses	66979
Association;	66980

(c) One from the Academy of Medicine of Toledo and Lucas	66981
County;	66982

(d) One from the Northwest Ohio Pediatric Society;

66983

(e) One geriatric medicine physician; and

66984

(f) One osteopathic physician affiliated with Ohio University	66985
College of Osteopathic Medicine.	66986

(3) Three representatives from northwest Ohio business and	66987
labor organizations, composed of the following individuals:	66988

(a) One from the Toledo Area Regional Chamber of Commerce;

66989

(b) One from the labor community of northwest Ohio; and

66990

66991

(4) Three representatives of health care consumers in	66992
northwest Ohio, none of whom shall be currently employed or	66993
affiliated with a health system or health insurer.	66994

(5) Nine representatives of state and local government,	66995
composed of the following individuals:	66996

(a) Two members of the Ohio House of Representatives, one	66997
from the minority party and one from the majority party;	66998

(b) Two members of the Ohio Senate, one from the minority	66999
party and one from the majority party;	67000

67001

(d) Two representatives of northwest Ohio municipal	67002
corporations, only one of whom shall be from the City of Toledo;	67003

(e) Two representatives of county commissioners, only one of	67004
whom shall be from Lucas County.	67005

67006

(1) For those members described in divisions (B)(1) and (2)	67007
of this section, two each by the Governor, the Speaker of the	67008
House of Representatives, and the President of the Senate;	67009

(2) For those members described in divisions (B)(3) and (4)	67010
of this section, one each by the Governor, the Speaker of the	67011
House of Representatives, and the President of the Senate;	67012

(3) For those members described in division (B)(5), three	67013
each by the Governor, the Speaker of the House of Representatives,	67014
and the President of the Senate.	67015

(D) Members of the Commission shall be appointed not later	67016
than 30 days after the effective date of this section and shall	67017
first meet not later than 30 days after all appointments have been	67018
made. At its first meeting, the commission shall elect from among	67019
its members who are members of the Senate and House of	67020
Representatives a chairperson and vice-chairperson.	67021

Members of the commission shall serve without compensation,	67022
but may solicit on behalf of the Commission public and private	67023
funds to defray any costs of the Commission. The Commission shall	67024
meet at the call of the chairperson to conduct its official	67025
business. A majority of members shall constitute a quorum and a	67026
quorum shall be necessary to conduct any activities of the	67027
Commission.	67028

(E) The Toledo Community Foundation or a similar organization	67029
shall provide meeting space and administrative support for the	67030
Commission. The Ohio Board of Regents shall serve as a resource to	67031
the Commission.	67032

(F) The Commission shall prepare a report that examines and	67033
makes recommendations regarding the graduate medical education	67034
system in northwest Ohio, including:	67035

(1) Ways to increase the number and retention of medical	67036
graduates in northwest Ohio;	67037

(2) The status of the health care workforce in northwest	67038
Ohio;	67039

(3) The role of the University of Toledo in the health care	67040
education of the surrounding region;	67041

(4) Potential changes in federal and state statutes and rules	67042
regarding Medicaid support of graduate medical education; and	67043

(5) Policy initiatives that the Governor and General Assembly	67044
may consider to strengthen graduate medical education	67045
opportunities and physician retention in northwest Ohio.	67046

(G) The Commission shall, not later than nine months after	67047
the effective date of this section, submit to the Governor and	67048
General Assembly the report and recommendations prepared under	67049
division (F) of this section. On submission of the report, the	67050
Commission shall cease to exist.	67051

Section 265.10. OBD OHIO BOARD OF DIETETICS

67052

General Services Fund Group

67053

4K9	860-609	Operating Expenses	$	342,501	$	348,964	67054
TOTAL GSF General Services Fund							67055
Group			$	342,501	$	348,964	67056
TOTAL ALL BUDGET FUND GROUPS			$	342,501	$	348,964	67057

Section 267.10. CDR COMMISSION ON DISPUTE RESOLUTION AND	67059
CONFLICT MANAGEMENT	67060

General Revenue Fund

67061

GRF	145-401		Commission Operations		$	455,123		$	460,000		67062
TOTAL GRF General Revenue Fund					$	455,123		$	460,000		67063

General Services Fund Group

67064

4B6	145-601		Dispute Resolution Programs		$	140,000		$	140,000		67065
TOTAL GSF General Services Fund Group					$	140,000		$	140,000		67066

TOTAL ALL BUDGET FUND GROUPS

595,123

600,000

67067

Section 269.10. EDU DEPARTMENT OF EDUCATION

67069

General Revenue Fund

67070

GRF	200-100	Personal Services	$	11,533,494	$	12,110,169	67071
GRF	200-320	Maintenance and Equipment	$	4,549,479	$	4,778,203	67072
GRF	200-408	Early Childhood Education	$	31,002,195	$	36,502,195	67073
GRF	200-410	Educator Training	$	19,628,817	$	20,628,817	67074
GRF	200-416	Career-Technical Education Match	$	2,233,195	$	2,233,195	67075
GRF	200-420	Computer/Application/ Network Development	$	5,536,362	$	5,793,700	67076
GRF	200-421	Alternative Education Programs	$	14,910,665	$	12,910,665	67077
GRF	200-422	School Management Assistance	$	3,360,572	$	3,375,572	67078
GRF	200-424	Policy Analysis	$	556,687	$	556,687	67079
GRF	200-425	Tech Prep Consortia Support	$	2,069,217	$	2,069,217	67080
GRF	200-426	Ohio Educational Computer Network	$	30,446,197	$	30,446,197	67081
GRF	200-427	Academic Standards	$	7,197,730	$	7,197,730	67082
GRF	200-431	School Improvement Initiatives	$	21,589,235	$	21,924,235	67083
GRF	200-433	Literacy Improvement-Professional Development	$	15,765,000	$	15,765,000	67084
GRF	200-437	Student Assessment	$	77,150,819	$	76,387,144	67085
GRF	200-439	Accountability/Report Cards	$	7,096,040	$	8,223,540	67086
GRF	200-442	Child Care Licensing	$	1,302,495	$	1,302,495	67087
GRF	200-446	Education Management Information System	$	16,110,510	$	16,586,082	67088
GRF	200-447	GED Testing	$	1,544,360	$	1,544,360	67089
GRF	200-448	Educator Preparation	$	1,301,000	$	1,301,000	67090
GRF	200-455	Community Schools	$	1,533,661	$	1,533,661	67091
GRF	200-457	STEM Initiatives	$	10,000,000	$	10,000,000	67092
GRF	200-502	Pupil Transportation	$	424,783,117	$	429,030,948	67093
GRF	200-503	Bus Purchase Allowance	$	14,000,000	$	14,000,000	67094
GRF	200-505	School Lunch Match	$	8,998,025	$	8,998,025	67095
GRF	200-509	Adult Literacy Education	$	8,669,738	$	8,669,738	67096
GRF	200-511	Auxiliary Services	$	131,740,457	$	135,692,670	67097
GRF	200-514	Postsecondary Adult Career-Technical Education	$	19,481,875	$	19,481,875	67098
GRF	200-521	Gifted Pupil Program	$	47,608,030	$	48,008,613	67099
GRF	200-532	Nonpublic Administrative Cost Reimbursement	$	59,810,517	$	61,604,832	67100
GRF	200-536	Ohio Core Support	$	7,700,000	$	15,125,000	67101
GRF	200-540	Special Education Enhancements	$	138,619,945	$	139,756,839	67102
GRF	200-545	Career-Technical Education Enhancements	$	9,298,651	$	9,373,926	67103
GRF	200-550	Foundation Funding	$	5,761,699,328	$	6,034,943,246	67104
GRF	200-566	Literacy Improvement-Classroom Grants	$	12,062,336	$	12,062,336	67105
GRF	200-578	Violence Prevention and School Safety	$	1,218,555	$	1,218,555	67106
GRF	200-901	Property Tax Allocation - Education	$	794,583,404	$	850,868,654	67107
GRF	200-906	Tangible Tax Exemption - Education	$	21,415,244	$	10,707,622	67108
TOTAL GRF General Revenue Fund			$	7,748,106,952	$	8,092,712,743	67109

General Services Fund Group

67110

138	200-606	Computer Services-Operational Support	$	7,600,091	$	7,600,091	67111
4D1	200-602	Ohio Prevention/Education Resource Center	$	832,000	$	832,000	67112
4L2	200-681	Teacher Certification and Licensure	$	5,966,032	$	6,323,994	67113
452	200-638	Miscellaneous Educational Services	$	273,166	$	279,992	67114
5H3	200-687	School District Solvency Assistance	$	18,000,000	$	18,000,000	67115
596	200-656	Ohio Career Information System	$	529,761	$	529,761	67116
TOTAL GSF General Services							67117
Fund Group			$	33,201,050	$	33,565,838	67118

Federal Special Revenue Fund Group

67119

3AF	200-603	Schools Medicaid Administrative Claims	$	486,000	$	639,000	67120
3BK	200-628	Longitudinal Data Systems	$	1,795,570	$	307,050	67121
3BV	200-636	Character Education	$	700,000	$	700,000	67122
3CF	200-644	Foreign Language Assistance	$	85,000	$	285,000	67123
3CG	200-646	Teacher Incentive Fund	$	6,552,263	$	3,994,338	67124
3C5	200-661	Early Childhood Education	$	18,989,779	$	18,989,779	67125
3D1	200-664	Drug Free Schools	$	13,347,966	$	13,347,966	67126
3D2	200-667	Honors Scholarship Program	$	6,573,968	$	6,665,000	67127
3H9	200-605	Head Start Collaboration Project	$	275,000	$	275,000	67128
3L6	200-617	Federal School Lunch	$	244,714,211	$	249,903,970	67129
3L7	200-618	Federal School Breakfast	$	63,927,606	$	69,041,814	67130
3L8	200-619	Child/Adult Food Programs	$	69,280,946	$	70,691,653	67131
3L9	200-621	Career-Technical Education Basic Grant	$	48,029,701	$	48,029,701	67132
3M0	200-623	ESEA Title 1A	$	415,000,000	$	420,000,000	67133
3M1	200-678	Innovative Education	$	5,369,100	$	5,363,706	67134
3M2	200-680	Individuals with Disabilities Education Act	$	500,000,000	$	405,000,000	67135
3S2	200-641	Education Technology	$	10,000,000	$	5,000,000	67136
3T4	200-613	Public Charter Schools	$	13,850,827	$	14,212,922	67137
3Y2	200-688	21st Century Community Learning Centers	$	30,681,554	$	30,681,554	67138
3Y4	200-632	Reading First	$	35,215,798	$	31,215,798	67139
3Y6	200-635	Improving Teacher Quality	$	102,692,685	$	102,698,246	67140
3Y7	200-689	English Language Acquisition	$	8,000,000	$	8,000,000	67141
3Y8	200-639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	67142
3Z2	200-690	State Assessments	$	12,883,799	$	12,883,799	67143
3Z3	200-645	Consolidated Federal Grant Administration	$	8,500,000	$	8,500,000	67144
309	200-601	Educationally Disadvantaged Programs	$	12,750,000	$	8,750,000	67145
366	200-604	Adult Basic Education	$	19,425,000	$	20,396,250	67146
367	200-607	School Food Services	$	5,849,748	$	6,088,737	67147
368	200-614	Veterans' Training	$	710,373	$	745,892	67148
369	200-616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	67149
370	200-624	Education of Exceptional Children	$	1,811,520	$	575,454	67150
374	200-647	Troops to Teachers	$	100,000	$	100,000	67151
378	200-660	Learn and Serve	$	1,561,954	$	1,561,954	67152
TOTAL FED Federal Special							67153
Revenue Fund Group			$	1,665,660,368	$	1,571,144,583	67154

State Special Revenue Fund Group

67155

4R7	200-695	Indirect Operational Support	$	5,449,748	$	5,810,464	67156
4V7	200-633	Interagency Operational Support	$	392,100	$	376,423	67157
454	200-610	Guidance and Testing	$	400,000	$	400,000	67158
455	200-608	Commodity Foods	$	24,000,000	$	24,000,000	67159
5BB	200-696	State Action for Education Leadership	$	1,250,000	$	1,250,000	67160
5BJ	200-626	Half-Mill Maintenance Equalization	$	10,700,000	$	10,700,000	67161
5U2	200-685	National Education Statistics	$	300,000	$	300,000	67162
5W2	200-663	Early Learning Initiative	$	2,200,000	$	2,200,000	67163
598	200-659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	67164
620	200-615	Educational Improvement Grants	$	3,000,000	$	3,000,000	67165
TOTAL SSR State Special Revenue							67166
Fund Group			$	49,020,758	$	49,365,797	67167

Lottery Profits Education Fund Group

67168

017	200-612	Foundation Funding	$	635,198,000	$	667,900,000	67169
017	200-682	Lease Rental Payment Reimbursement	$	22,702,000	$	0	67170
TOTAL LPE Lottery Profits							67171
Education Fund Group			$	657,900,000	$	667,900,000	67172

Revenue Distribution Fund Group

67173

047	200-909	School District Property Tax Replacement-Business	$	611,596,856	$	763,316,819	67174
053	200-900	School District Property Tax Replacement-Utility	$	91,123,523	$	91,123,523	67175
TOTAL RDF Revenue Distribution							67176
Fund Group			$	702,720,379	$	854,440,342	67177
TOTAL ALL BUDGET FUND GROUPS			$	10,856,609,507	$	11,269,129,303	67178

Section 269.10.10. PERSONAL SERVICES

67180

The foregoing appropriation item 200-100, Personal Services,	67181
may be used to pay fees for the Department's membership in the	67182
Education Commission of the States, an interstate nonprofit,	67183
nonpartisan organization that supports states with the development	67184
of education policy.	67185

Of the foregoing appropriation item 200-100, Personal	67186
Services, up to $25,000 may be expended in each fiscal year for	67187
the State Board of Education to pay for outside professionals to	67188
help inform the Board on topics of education policy.	67189

Section 269.10.20. EARLY CHILDHOOD EDUCATION

67190

The Department of Education shall distribute the foregoing	67191
appropriation item 200-408, Early Childhood Education, to pay the	67192
costs of early childhood education programs.	67193

(A) As used in this section:

67194

(1) "Provider" means a city, local, exempted village, or	67195
joint vocational school district, or an educational service	67196
center.	67197

(2) In the case of a city, local, or exempted village school	67198
district, "new eligible provider" means a district that is	67199
eligible for poverty-based assistance under section 3317.029 of	67200
the Revised Code.	67201

(3) "Eligible child" means a child who is at least three	67202
years of age, is not of the age to be eligible for kindergarten,	67203
and whose family earns not more than two hundred per cent of the	67204
federal poverty guidelines.	67205

(B) In each fiscal year, up to two per cent of the total	67206
appropriation may be used by the Department for program support	67207
and technical assistance. The Department shall distribute the	67208
remainder of the appropriation in each fiscal year to serve	67209
eligible children.	67210

(C) The Department shall provide an annual report to the	67211
Governor, the Speaker of the House of Representatives, and the	67212
President of the Senate and post the report to the Department's	67213
web site, regarding early childhood education programs operated	67214
under this section and the early learning program guidelines for	67215
school readiness.	67216

(D) After setting aside the amounts to make payments due from	67217
the previous fiscal year, in fiscal year 2008, the Department	67218
shall distribute funds first to recipients of funds for early	67219
childhood education programs under Section 206.09.06 of Am. Sub.	67220
H.B. 66 of the 126th General Assembly in the previous fiscal year	67221
and the balance to new eligible providers of early childhood	67222
education programs under this section. However, the total amount	67223
of funds distributed in fiscal year 2008 to all providers that	67224
received funds for early childhood education programs in fiscal	67225
year 2007 shall not exceed $18,622,151, unless the number of new	67226
eligible providers that notifies the Department of their interest	67227
in establishing early childhood education programs is insufficient	67228
to expend all available funding. In that case, the Department may	67229
direct available funding to providers that received funds for	67230
early childhood education programs in fiscal year 2007 for	67231
purposes of program expansion, improvement, or special projects to	67232
promote quality and innovation.	67233

After setting aside the amounts to make payments due from the	67234
previous fiscal year, in fiscal year 2009, the Department shall	67235
distribute funds first to providers of early childhood education	67236
programs under this section in the previous fiscal year and the	67237
balance to new eligible providers. However, the total amount of	67238
funds distributed in fiscal year 2009 to all providers that	67239
received funds for early childhood education programs in fiscal	67240
year 2007 shall not exceed $18,622,151, unless the number of	67241
providers that received funding in fiscal year 2008 and new	67242
eligible providers that notify the Department of their interest in	67243
establishing early childhood education programs is insufficient to	67244
expend all available funding. In that case, the Department may	67245
direct available funding to providers that received funds for	67246
early childhood education programs in fiscal year 2007 or 2008 for	67247
purposes of program expansion, improvement, or special projects to	67248
promote quality and innovation.	67249

In each of fiscal years 2008 and 2009, if funding is	67250
insufficient to serve all new eligible providers that notify the	67251
Department of their interest in establishing early childhood	67252
education programs, the Department shall determine which of those	67253
providers will receive funds using a selection process that first	67254
gives preference to providers that, as of March 15, 2007, did not	67255
offer early childhood education programs, but that had offered	67256
early childhood education programs or public preschool programs	67257
for some time after June 30, 2000, and second to providers that	67258
demonstrate a need for early childhood education programs, as	67259
determined by the Department. Demonstration of need shall include	67260
having higher rates of eligible children to be served.	67261

Awards under this section shall be distributed on a per-pupil	67262
basis, and in accordance with division (H) of this section. The	67263
Department may adjust the per-pupil amount so that the per-pupil	67264
amount multiplied by the number of eligible children enrolled and	67265
receiving services, as defined by the Department, reported on the	67266
first day of December or the first business day following that	67267
date equals the amount allocated under this section.	67268

(E) Costs for developing and administering an early childhood	67269
education program may not exceed fifteen per cent of the total	67270
approved costs of the program.	67271

All providers shall maintain such fiscal control and	67272
accounting procedures as may be necessary to ensure the	67273
disbursement of, and accounting for, these funds. The control of	67274
funds provided in this program, and title to property obtained	67275
therefrom, shall be under the authority of the approved provider	67276
for purposes provided in the program unless, as described in	67277
division (J) of this section, the program waives its right for	67278
funding or a program's funding is eliminated or reduced due to its	67279
inability to meet financial or early learning program guidelines	67280
for school readiness. The approved provider shall administer and	67281
use such property and funds for the purposes specified.	67282

(F) The Department may examine a provider's financial and	67283
program records. If the financial practices of the program are not	67284
in accordance with standard accounting principles or do not meet	67285
financial standards outlined under division (E) of this section,	67286
or if the program fails to substantially meet the early learning	67287
program guidelines for school readiness or exhibits below average	67288
performance as measured against the guidelines, the early	67289
childhood education program shall propose and implement a	67290
corrective action plan that has been approved by the Department.	67291
The approved corrective action plan shall be signed by the chief	67292
executive officer and the executive of the official governing body	67293
of the provider. The corrective action plan shall include a	67294
schedule for monitoring by the Department. Such monitoring may	67295
include monthly reports, inspections, a timeline for correction of	67296
deficiencies, and technical assistance to be provided by the	67297
Department or obtained by the early childhood education program.	67298
The Department may withhold funding pending corrective action. If	67299
an early childhood education program fails to satisfactorily	67300
complete a corrective action plan, the Department may deny	67301
expansion funding to the program or withdraw all or part of the	67302
funding to the program and establish a new eligible provider	67303
through a selection process established by the Department.	67304

(G) Each early childhood education program shall do all of	67305
the following:	67306

(1) Meet teacher qualification requirements prescribed by	67307
section 3301.311 of the Revised Code;	67308

(2) Align curriculum to the early learning content standards;

67309

(3) Meet any assessment requirements prescribed by section	67310
3301.0715 of the Revised Code that are applicable to the program;	67311

(4) Require teachers, except teachers enrolled and working to	67312
obtain a degree pursuant to section 3301.311 of the Revised Code,	67313
to attend a minimum of twenty hours every two years of	67314
professional development as prescribed by the Department regarding	67315
the implementation of early learning program guidelines for school	67316
readiness;	67317

(5) Document and report child progress;

67318

(6) Meet and report compliance with the early learning	67319
program guidelines for school readiness;	67320

(7) Participate in early language and literacy classroom	67321
observation evaluation studies.	67322

(H) This division applies only to early childhood education	67323
programs established on or after March 15, 2007.	67324

Per-pupil funding for programs subject to this division shall	67325
be sufficient to provide eligible children with services for	67326
one-half of the statewide average length of the school day, as	67327
determined by the Department, for one hundred eighty-two days each	67328
school year. Nothing in this section shall be construed to	67329
prohibit program providers from utilizing other funds to serve	67330
eligible children in programs that exceed the statewide average	67331
length of the school day or that exceed one hundred eighty-two	67332
days in a school year.	67333

(I) Each provider shall develop a sliding fee scale based on	67334
family incomes and shall charge families who earn more than the	67335
federal poverty guidelines for the early childhood education	67336
program.	67337

(J) If an early childhood education program voluntarily	67338
waives its right for funding, or has its funding eliminated for	67339
not meeting financial standards or the early learning program	67340
guidelines for school readiness, the provider shall transfer	67341
control of title to property, equipment, and remaining supplies	67342
obtained through the program to providers designated by the	67343
Department and return any unexpended funds to the Department along	67344
with any reports prescribed by the Department. The funding made	67345
available from a program that waives its right for funding or has	67346
its funding eliminated or reduced may be used by the Department	67347
for new grant awards or expansion grants. The Department may award	67348
new grants or expansion grants to eligible providers who apply.	67349
The eligible providers who apply must do so in accordance with the	67350
selection process established by the Department.	67351

(K) As used in this section, "early learning program	67352
guidelines for school readiness" means the guidelines established	67353
by the Department pursuant to division (C)(3) of Section 206.09.54	67354
of Am. Sub. H.B. 66 of the 126th General Assembly.	67355

Section 269.10.30. EDUCATOR TRAINING

67356

The foregoing appropriation item 200-410, Educator Training,	67357
shall be used to fund professional development programs in Ohio.	67358
The Department of Education shall, when possible, incorporate	67359
cultural competency as a component of professional development and	67360
actively promote the development of cultural competency in the	67361
operation of its professional development programs. As used in	67362
this section, "cultural competency" has the meaning specified by	67363
the Educator Standards Board under section 3319.61 of the Revised	67364
Code.	67365

Of the foregoing appropriation item 200-410, Educator	67366
Training, up to $9,250,000 in fiscal year 2008 and up to	67367
$10,250,000 in fiscal year 2009 shall be used by the Department of	67368
Education to provide grants to pay $2,225 of the application fee	67369
in order to assist teachers from public and chartered nonpublic	67370
schools applying for the first time to the National Board for	67371
Professional Teaching Standards for professional teaching	67372
certificates or licenses that the board offers. These moneys shall	67373
be used to pay up to the first 400 applications in each fiscal	67374
year received by the Department. This set aside shall also be used	67375
to recognize and reward teachers who become certified by the	67376
National Board for Professional Teaching Standards under section	67377
3319.55 of the Revised Code. Up to $300,000 in each fiscal year of	67378
this set aside may be used by the Department to pay for costs	67379
associated with activities to support candidates through the	67380
application and certification process. Up to $39,500 of this set	67381
aside in each fiscal year may be used to support the application	67382
fee for candidates participating in the Take One program for	67383
beginning teachers in years two and three.	67384

Of the foregoing appropriation item 200-410, Educator	67385
Training, up to $9,515,817 in each fiscal year shall be allocated	67386
for entry year teacher and principal programs. These funds shall	67387
be used to support mentoring services and performance assessments	67388
of beginning teachers and principals in school districts and	67389
chartered nonpublic schools.	67390

Of the foregoing appropriation item 200-410, Educator	67391
Training, up to $200,000 in each fiscal year shall be used to	67392
provide technical assistance and grants for districts to develop	67393
local knowledge/skills-based compensation systems. Each district	67394
receiving grants shall issue an annual report to the Department of	67395
Education detailing the use of the funds and the impact of the	67396
system developed by the district.	67397

Of the foregoing appropriation item 200-410, Educator	67398
Training, up to $350,000 in each fiscal year shall be used for	67399
training and professional development of school administrators,	67400
school treasurers, and school business officials.	67401

Of the foregoing appropriation item 200-410, Educator	67402
Training, up to $63,000 in each fiscal year shall be used to	67403
support the Ohio University Leadership Program.	67404

Of the foregoing appropriation item 200-410, Educator	67405
Training, $250,000 in each fiscal year shall be used to support	67406
the Ohio School Leadership Institute.	67407

Section 269.10.40. CAREER-TECHNICAL EDUCATION MATCH

67408

The foregoing appropriation item 200-416, Career-Technical	67409
Education Match, shall be used by the Department of Education to	67410
provide vocational administration matching funds under 20 U.S.C.	67411
2311.	67412

COMPUTER/APPLICATION/NETWORK DEVELOPMENT

67413

The foregoing appropriation item 200-420,	67414
Computer/Application/Network Development, shall be used to support	67415
the development and implementation of information technology	67416
solutions designed to improve the performance and services of the	67417
Department of Education. Funds may be used for personnel,	67418
maintenance, and equipment costs related to the development and	67419
implementation of these technical system projects. Implementation	67420
of these systems shall allow the Department to provide greater	67421
levels of assistance to school districts and to provide more	67422
timely information to the public, including school districts,	67423
administrators, and legislators. Funds may also be used to support	67424
data-driven decision-making and differentiated instruction, as	67425
well as to communicate academic content standards and curriculum	67426
models to schools through web-based applications.	67427

Section 269.10.50. ALTERNATIVE EDUCATION PROGRAMS

67428

There is hereby created the Alternative Education Advisory	67429
Council, which shall consist of one representative from each of	67430
the following agencies: the Ohio Department of Education; the	67431
Department of Youth Services; the Ohio Department of Alcohol and	67432
Drug Addiction Services; the Department of Mental Health; the	67433
Office of the Governor or, at the Governor's discretion, the	67434
Office of the Lieutenant Governor; the Office of the Attorney	67435
General; and the Office of the Auditor of State.	67436

Of the foregoing appropriation item 200-421, Alternative	67437
Education Programs, up to $6,227,310 in each fiscal year shall be	67438
used for the renewal of successful implementation grants and for	67439
competitive matching grants to the 21 urban school districts as	67440
defined in division (O) of section 3317.02 of the Revised Code as	67441
it existed prior to July 1, 1998, and up to $6,161,074 in each	67442
fiscal year shall be used for the renewal of successful	67443
implementation grants and for competitive matching grants to rural	67444
and suburban school districts for alternative educational programs	67445
for existing and new at-risk and delinquent youth. Programs shall	67446
be focused on youth in one or more of the following categories:	67447
those who have been expelled or suspended, those who have dropped	67448
out of school or who are at risk of dropping out of school, those	67449
who are habitually truant or disruptive, or those on probation or	67450
on parole from a Department of Youth Services facility. Grants	67451
shall be awarded according to the criteria established by the	67452
Alternative Education Advisory Council in 1999. Grants shall be	67453
awarded only to programs in which the grant will not serve as the	67454
program's primary source of funding. These grants shall be	67455
administered by the Department of Education.	67456

The Department of Education may waive compliance with any	67457
minimum education standard established under section 3301.07 of	67458
the Revised Code for any alternative school that receives a grant	67459
under this section on the grounds that the waiver will enable the	67460
program to more effectively educate students enrolled in the	67461
alternative school.	67462

Of the foregoing appropriation item 200-421, Alternative	67463
Education Programs, up to $322,281 in each fiscal year may be used	67464
for program administration, monitoring, technical assistance,	67465
support, research, and evaluation. Any unexpended balance may be	67466
used to provide additional matching grants to urban, suburban, or	67467
rural school districts as outlined above.	67468

Of the foregoing appropriation item 200-421, Alternative	67469
Education Programs, $100,000 in each fiscal year shall be used to	67470
support the Toledo Tech Academy. Of this amount, $25,000 in each	67471
fiscal year shall be used by the Toledo Tech Academy to enhance	67472
and establish For Inspiration and Recognition in Science and	67473
Technology programs. (F.I.R.S.T.)	67474

Of the foregoing appropriation item 200-421, Alternative	67475
Education Programs, $2,000,000 in fiscal year 2008 shall be used	67476
to support Improved Solutions for Urban Students (ISUS) in	67477
Dayton/Sinclair Youth Initiative.	67478

Of the foregoing appropriation item 200-421, Alternative	67479
Education Programs, $100,000 in each fiscal year shall be provided	67480
to the Cincinnati Arts and Technology Center to increase program	67481
support for high-risk teens and unemployed urban adults.	67482

Section 269.10.60. SCHOOL MANAGEMENT ASSISTANCE

67483

Of the foregoing appropriation item 200-422, School	67484
Management Assistance, up to $1,715,000 in each fiscal year shall	67485
be used by the Auditor of State in consultation with the	67486
Department of Education for expenses incurred in the Auditor of	67487
State's role relating to fiscal caution, fiscal watch, and fiscal	67488
emergency activities as defined in Chapter 3316. of the Revised	67489
Code and may also be used to conduct performance audits with	67490
priority given to districts in fiscal distress. Expenses include	67491
duties related to the completion of performance audits for school	67492
districts that the Superintendent of Public Instruction determines	67493
are employing fiscal practices or experiencing budgetary	67494
conditions that could produce a state of fiscal watch or fiscal	67495
emergency.	67496

Of the foregoing appropriation item 200-422, School	67497
Management Assistance, up to $250,000 in each fiscal year shall be	67498
used by the Department of Education to work with school districts	67499
and entities that serve school districts to develop and deploy	67500
analytical tools that allow districts and other stakeholders to	67501
analyze more thoroughly district spending patterns in order to	67502
promote more effective and efficient use of resources. Quarterly	67503
updates of the progress for implementation of these tools shall be	67504
provided to the Governor, and the Department shall give due	67505
diligence to implementing these tools in the shortest reasonable	67506
timeline.	67507

The remainder of foregoing appropriation item 200-422, School	67508
Management Assistance, shall be used by the Department of	67509
Education to provide fiscal technical assistance and inservice	67510
education for school district management personnel and to	67511
administer, monitor, and implement the fiscal watch and fiscal	67512
emergency provisions under Chapter 3316. of the Revised Code.	67513

Section 269.10.70. POLICY ANALYSIS

67514

The foregoing appropriation item 200-424, Policy Analysis,	67515
shall be used by the Department of Education to support a system	67516
of administrative, statistical, and legislative education	67517
information to be used for policy analysis. Staff supported by	67518
this appropriation shall administer the development of reports,	67519
analyses, and briefings to inform education policymakers of	67520
current trends in education practice, efficient and effective use	67521
of resources, and evaluation of programs to improve education	67522
results. The database shall be kept current at all times. These	67523
research efforts shall be used to supply information and analysis	67524
of data to the General Assembly and other state policymakers,	67525
including the Office of Budget and Management and the Legislative	67526
Service Commission.	67527

The Department of Education may use funding from this	67528
appropriation item to purchase or contract for the development of	67529
software systems or contract for policy studies that will assist	67530
in the provision and analysis of policy-related information.	67531
Funding from this appropriation item also may be used to monitor	67532
and enhance quality assurance for research-based policy analysis	67533
and program evaluation to enhance the effective use of education	67534
information to inform education policymakers.	67535

TECH PREP CONSORTIA SUPPORT

67536

The foregoing appropriation item 200-425, Tech Prep Consortia	67537
Support, shall be used by the Department of Education to support	67538
state-level activities designed to support, promote, and expand	67539
tech prep programs. Use of these funds shall include, but not be	67540
limited to, administration of grants, program evaluation,	67541
professional development, curriculum development, assessment	67542
development, program promotion, communications, and statewide	67543
coordination of tech prep consortia.	67544

Section 269.10.80. OHIO EDUCATIONAL COMPUTER NETWORK

67545

The foregoing appropriation item 200-426, Ohio Educational	67546
Computer Network, shall be used by the Department of Education to	67547
maintain a system of information technology throughout Ohio and to	67548
provide technical assistance for such a system in support of the	67549
State Education Technology Plan under section 3301.07 of the	67550
Revised Code.	67551

Of the foregoing appropriation item 200-426, Ohio Educational	67552
Computer Network, up to $18,136,691 in each fiscal year shall be	67553
used by the Department of Education to support connection of all	67554
public school buildings and participating chartered nonpublic	67555
schools to the state's education network, to each other, and to	67556
the Internet. In each fiscal year the Department of Education	67557
shall use these funds to assist information technology centers or	67558
school districts with the operational costs associated with this	67559
connectivity. The Department of Education shall develop a formula	67560
and guidelines for the distribution of these funds to information	67561
technology centers or individual school districts. As used in this	67562
section, "public school building" means a school building of any	67563
city, local, exempted village, or joint vocational school	67564
district, any community school established under Chapter 3314. of	67565
the Revised Code, any educational service center building used for	67566
instructional purposes, the Ohio School for the Deaf and the Ohio	67567
School for the Blind, or high schools chartered by the Ohio	67568
Department of Youth Services and high schools operated by Ohio	67569
Department of Rehabilitation and Corrections' Ohio Central School	67570
System.	67571

Of the foregoing appropriation item 200-426, Ohio Educational	67572
Computer Network, up to $2,469,223 in each fiscal year shall be	67573
used for the Union Catalog and InfOhio Network and to support the	67574
provision of electronic resources with priority given to resources	67575
that support the teaching of state academic content standards in	67576
all public schools. Consideration shall be given by the Department	67577
of Education to coordinating the allocation of these moneys with	67578
the efforts of Libraries Connect Ohio, whose members include	67579
OhioLINK, the Ohio Public Information Network, and the State	67580
Library of Ohio.	67581

Of the foregoing appropriation item 200-426, Ohio Educational	67582
Computer Network, up to $8,338,468 in each fiscal year shall be	67583
used, through a formula and guidelines devised by the Department,	67584
to subsidize the activities of designated information technology	67585
centers, as defined by State Board of Education rules, to provide	67586
school districts and chartered nonpublic schools with	67587
computer-based student and teacher instructional and	67588
administrative information services, including approved	67589
computerized financial accounting, and to ensure the effective	67590
operation of local automated administrative and instructional	67591
systems.	67592

The remainder of appropriation item 200-426, Ohio Educational	67593
Computer Network, shall be used to support development,	67594
maintenance, and operation of a network of uniform and compatible	67595
computer-based information and instructional systems. This	67596
technical assistance shall include, but not be restricted to,	67597
development and maintenance of adequate computer software systems	67598
to support network activities. In order to improve the efficiency	67599
of network activities, the Department and information technology	67600
centers may jointly purchase equipment, materials, and services	67601
from funds provided under this appropriation for use by the	67602
network and, when considered practical by the Department, may	67603
utilize the services of appropriate state purchasing agencies.	67604

Section 269.10.90. ACADEMIC STANDARDS

67605

Of the foregoing appropriation item 200-427, Academic	67606
Standards, $150,000 in each fiscal year shall be used by the	67607
Department in combination with funding earmarked for this purpose	67608
in the Board of Regents' budget under appropriation item 235-321,	67609
Operating Expenses. Such funding shall be used to support Ohio's	67610
Partnership for Continued Learning at the direction of the Office	67611
of the Governor. Ohio's Partnership for Continued Learning	67612
replaces and broadens the former Joint Council of the Department	67613
of Education and the Board of Regents. The Partnership shall	67614
advise and make recommendations to promote collaboration among	67615
relevant state entities in an effort to help local communities	67616
develop coherent and successful "P-16" learning systems. The	67617
Governor, or the Governor's designee, shall serve as the	67618
chairperson.	67619

Of the foregoing appropriation item 200-427, Academic	67620
Standards, $1,000,000 in each fiscal year shall be used for	67621
Project Lead the Way leadership and management oversight and	67622
initial and continuing support of Project Lead the Way workforce	67623
development programs in participating school districts.	67624

Of the foregoing appropriation item 200-427, Academic	67625
Standards, $50,000 in each fiscal year shall be provided to the	67626
Art Academy of Cincinnati to support technology needs for the	67627
annual operation of its undergraduate, graduate, and noncredit	67628
programs and for administrative staff support.	67629

The remainder of appropriation item 200-427, Academic	67630
Standards, shall be used by the Department of Education to	67631
develop, revise, and communicate to school districts academic	67632
content standards and curriculum models. The Department may also	67633
use the remainder to develop program models that demonstrate how	67634
the academic content standards can be implemented in high school	67635
classrooms and to offer online continuing education courses. The	67636
Department of Education may also use the remainder to support the	67637
coordination of Physical Education standards.	67638

Section 269.20.10. SCHOOL IMPROVEMENT INITIATIVES

67639

Of the foregoing appropriation item 200-431, School	67640
Improvement Initiatives, $450,000 in each fiscal year shall be	67641
used for Ohio's Rural Appalachian Leadership Development	67642
Initiative.	67643

Of the foregoing appropriation item 200-431, School	67644
Improvement Initiatives, up to $601,165 in each fiscal year shall	67645
be used by the Department of Education to support educational	67646
media centers to provide Ohio public schools with instructional	67647
resources and services, with priority given to resources and	67648
services aligned with state academic content standards.	67649

Of the foregoing appropriation item 200-431, School	67650
Improvement Initiatives, up to $10,387,835 in each fiscal year	67651
shall be used to support districts in the development and	67652
implementation of their continuous improvement plans as required	67653
in section 3302.04 of the Revised Code and to provide technical	67654
assistance and support in accordance with Title I of the "No Child	67655
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. This	67656
funding shall serve as a supplement to the funds provided under	67657
division (K) of section 3317.029 of the Revised Code, which	67658
represents state support for school improvement initiatives that	67659
assist school districts in closing the achievement gap.	67660

Of the foregoing appropriation item 200-431, School	67661
Improvement Initiatives, up to $236,250 in each fiscal year shall	67662
be used to reduce the dropout rate by addressing the academic and	67663
social problems of inner-city students through Project GRAD.	67664

Of the foregoing appropriation item 200-431, School	67665
Improvement Initiatives, up to $7,988,985 in fiscal year 2008 and	67666
up to $8,323,985 in fiscal year 2009 shall be used to redesign	67667
high schools and improve urban schools. This funding may be used	67668
for a pilot program in partnership with nonprofit groups with	67669
expertise in converting existing large urban high schools into	67670
small, personalized high schools. Districts eligible for such	67671
pilot funding include the Urban 21 high schools, as defined in	67672
division (O) of section 3317.02 of the Revised Code as it existed	67673
prior to July 1, 1998. The funding may also be used for	67674
administrative costs to redesign high schools and improve urban	67675
schools and in conjunction with funding provided in the Board of	67676
Regents' budget under appropriation item 235-434, College	67677
Readiness and Access, to create early college high schools, which	67678
are small, autonomous schools that blend high school and college	67679
into a coherent educational program. The funds for early college	67680
high schools shall be distributed according to guidelines	67681
established by the Department of Education and the Board of	67682
Regents.	67683

Of the foregoing appropriation item 200-431, School	67684
Improvement Initiatives, up to $75,000 in each fiscal year shall	67685
be provided to Southern State Community College for the Pilot	67686
Post-Secondary Enrollment Options Program with Miami Trace High	67687
School.	67688

Of the foregoing appropriation item 200-431, School	67689
Improvement Initiatives, $1,000,000 in each fiscal year shall be	67690
used to support Jobs for Ohio Graduates (JOG). The Department of	67691
Education shall require a two-to-one match of local funding to	67692
state funding before releasing these funds to JOG.	67693

Of the foregoing appropriation item 200-431, School	67694
Improvement Initiatives, up to $600,000 in each fiscal year shall	67695
be used by the Department of Education to support start-up costs	67696
for gaining business and industry credentialing program	67697
accreditation and to support the development of a data collection	67698
system across the numerous industry test providers. Funds shall	67699
also be used to help subsidize the cost of student participation	67700
in industry assessments, provide research on industry assessments	67701
for alignment to industry-established content standards, provide	67702
professional development opportunities for educators, and prepare	67703
schools and adult centers to organize for credential alignment and	67704
delivery.	67705

Of the foregoing appropriation item 200-431, School	67706
Improvement Initiatives, $250,000 in each fiscal year shall be	67707
used to support Amer-I-Can.	67708

Section 269.20.20. LITERACY IMPROVEMENT-PROFESSIONAL	67709
DEVELOPMENT	67710

Of the foregoing appropriation item 200-433, Literacy	67711
Improvement-Professional Development, up to $9,540,000 in each	67712
fiscal year shall be used for educator training in literacy for	67713
classroom teachers, administrators, and literacy specialists.	67714

Of the foregoing appropriation item 200-433, Literacy	67715
Improvement-Professional Development, up to $5,000,000 in each	67716
fiscal year shall be used to support literacy professional	67717
development partnerships between the Department of Education,	67718
higher education institutions, literacy networks, and school	67719
districts.	67720

Of the foregoing appropriation item 200-433, Literacy	67721
Improvement - Professional Development, up to $900,000 in each	67722
fiscal year shall be used by the Department of Education to fund	67723
the Reading Recovery Training Network, to cover the cost of	67724
release time for the teacher trainers, and to provide grants to	67725
districts to implement other reading improvement programs on a	67726
pilot basis. Funds from this set-aside also may be used to conduct	67727
evaluations of the impact and effectiveness of Reading Recovery	67728
and other reading improvement programs.	67729

Of the foregoing appropriation item 200-433, Literacy	67730
Improvement-Professional Development, $100,000 in each fiscal year	67731
shall be provided to the Contemporary Arts Center for art	67732
education for children and a children's museum.	67733

The remainder of appropriation item 200-433, Literacy	67734
Improvement-Professional Development, shall be used by the	67735
Department of Education to provide administrative support of	67736
literacy professional development programs. Upon approval of the	67737
Controlling Board, the Department may also use the remainder to	67738
contract with an external evaluator on the effectiveness of	67739
literacy professional development initiatives in the academic	67740
achievement of students.	67741

STUDENT ASSESSMENT

67742

Of the foregoing appropriation item 200-437, Student	67743
Assessment, up to $207,364 in fiscal year 2008 and up to $212,486	67744
in fiscal year 2009 may be used to support the assessments	67745
required under section 3301.0715 of the Revised Code.	67746

The remainder of appropriation item 200-437, Student	67747
Assessment, shall be used to develop, field test, print,	67748
distribute, score, report results, and support other associated	67749
costs for the tests required under sections 3301.0710 and	67750
3301.0711 of the Revised Code and for similar purposes as required	67751
by section 3301.27 of the Revised Code. If funds remain in this	67752
appropriation after these purposes have been fulfilled, the	67753
Department may use the remainder of the appropriation to develop	67754
end-of-course exams.	67755

Section 269.20.30. ACCOUNTABILITY/REPORT CARDS

67756

Of the foregoing appropriation item 200-439,	67757
Accountability/Report Cards, up to $3,028,540 in each fiscal year	67758
shall be used to train district and regional specialists and	67759
district educators in the use of the value-added progress	67760
dimension and in the use of data as it relates to improving	67761
student achievement. This funding shall be used in consultation	67762
with a credible nonprofit organization with expertise in	67763
value-added progress dimensions.	67764

The remainder of appropriation item 200-439,	67765
Accountability/Report Cards, shall be used by the Department to	67766
incorporate a statewide pilot value-added progress dimension into	67767
performance ratings for school districts and for the development	67768
of an accountability system that includes the preparation and	67769
distribution of school report cards under section 3302.03 of the	67770
Revised Code.	67771

CHILD CARE LICENSING

67772

The foregoing appropriation item 200-442, Child Care	67773
Licensing, shall be used by the Department of Education to license	67774
and to inspect preschool and school-age child care programs under	67775
sections 3301.52 to 3301.59 of the Revised Code.	67776

Section 269.20.40. EDUCATION MANAGEMENT INFORMATION SYSTEM

67777

The foregoing appropriation item 200-446, Education	67778
Management Information System, shall be used by the Department of	67779
Education to improve the Education Management Information System	67780
(EMIS).	67781

Of the foregoing appropriation item 200-446, Education	67782
Management Information System, up to $1,338,620 in fiscal year	67783
2008 and up to $1,372,085 in fiscal year 2009 shall be distributed	67784
to designated information technology centers for costs relating to	67785
processing, storing, and transferring data for the effective	67786
operation of the EMIS. These costs may include, but are not	67787
limited to, personnel, hardware, software development,	67788
communications connectivity, professional development, and support	67789
services, and to provide services to participate in the State	67790
Education Technology Plan pursuant to section 3301.07 of the	67791
Revised Code.	67792

Of the foregoing appropriation item 200-446, Education	67793
Management Information System, up to $8,256,569 in fiscal year	67794
2008 and up to $8,462,984 in fiscal year 2009 shall be distributed	67795
on a per-pupil basis to school districts, community schools	67796
established under Chapter 3314. of the Revised Code, educational	67797
service centers, joint vocational school districts, and any other	67798
education entity that reports data through EMIS. From this	67799
funding, each school district or community school established	67800
under Chapter 3314. of the Revised Code with enrollment greater	67801
than 100 students and each vocational school district shall	67802
receive a minimum of $5,000 in each fiscal year. Each school	67803
district or community school established under Chapter 3314. of	67804
the Revised Code with enrollment between one and one hundred and	67805
each educational service center and each county board of MR/DD	67806
that submits data through EMIS shall receive $3,000 in each fiscal	67807
year. This subsidy shall be used for costs relating to reporting,	67808
processing, storing, transferring, and exchanging data necessary	67809
to meet requirements of the Department of Education's data system.	67810

The remainder of appropriation item 200-446, Education	67811
Management Information System, shall be used to develop and	67812
support a common core of data definitions and standards as adopted	67813
by the Education Management Information System Advisory Board,	67814
including the ongoing development and maintenance of the data	67815
dictionary and data warehouse. In addition, such funds shall be	67816
used to support the development and implementation of data	67817
standards and the design, development, and implementation of a new	67818
data exchange system.	67819

Any provider of software meeting the standards approved by	67820
the Education Management Information System Advisory Board shall	67821
be designated as an approved vendor and may enter into contracts	67822
with local school districts, community schools, information	67823
technology centers, or other educational entities for the purpose	67824
of collecting and managing data required under Ohio's education	67825
management information system (EMIS) laws. On an annual basis, the	67826
Department of Education shall convene an advisory group of school	67827
districts, community schools, and other education-related entities	67828
to review the Education Management Information System data	67829
definitions and data format standards. The advisory group shall	67830
recommend changes and enhancements based upon surveys of its	67831
members, education agencies in other states, and current industry	67832
practices, to reflect best practices, align with federal	67833
initiatives, and meet the needs of school districts.	67834

School districts and community schools not implementing a	67835
common and uniform set of data definitions and data format	67836
standards for Education Management Information System purposes	67837
shall have all EMIS funding withheld until they are in compliance.	67838

Section 269.20.50. GED TESTING

67839

The foregoing appropriation item 200-447, GED Testing, shall	67840
be used to provide General Educational Development (GED) testing	67841
at no cost to applicants, under rules adopted by the State Board	67842
of Education. The Department of Education shall reimburse school	67843
districts and community schools, created under Chapter 3314. of	67844
the Revised Code, for a portion of the costs incurred in providing	67845
summer instructional or intervention services to students who have	67846
not graduated because of their inability to pass one or more parts	67847
of the state's Ohio Graduation Test or ninth grade proficiency	67848
test. School districts shall also provide such services to	67849
students who are residents of the district under section 3313.64	67850
of the Revised Code, but who are enrolled in chartered, nonpublic	67851
schools. The services shall be provided in the public school, in	67852
nonpublic schools, in public centers, or in mobile units located	67853
on or off the nonpublic school premises. No school district shall	67854
provide summer instructional or intervention services to nonpublic	67855
school students as authorized by this section unless such services	67856
are available to students attending the public schools within the	67857
district. No school district shall provide services for use in	67858
religious courses, devotional exercises, religious training, or	67859
any other religious activity. Chartered, nonpublic schools shall	67860
pay for any unreimbursed costs incurred by school districts for	67861
providing summer instruction or intervention services to students	67862
enrolled in chartered, nonpublic schools. School districts may	67863
provide these services to students directly or contract with	67864
postsecondary or nonprofit community-based institutions in	67865
providing instruction.	67866

Section 269.20.60. EDUCATOR PREPARATION

67867

Of the foregoing appropriation item 200-448, Educator	67868
Preparation, $100,000 in each fiscal year shall be provided in	67869
conjunction with funding in the Board of Regents' budget under	67870
appropriation item 235-435, Teacher Improvement Initiatives, to	67871
the Teacher Quality Partnership Project. The Teacher Quality	67872
Partnership is a research consortium of Ohio's fifty colleges and	67873
universities providing teacher preparation programs. Funds shall	67874
be used to support a comprehensive longitudinal study of the	67875
preparation, in-school support, and effectiveness of Ohio	67876
teachers.	67877

The remainder of appropriation item 200-448, Educator	67878
Preparation, may be used by the Department to support the Educator	67879
Standards Board under section 3319.61 of the Revised Code as it	67880
develops and recommends to the State Board of Education standards	67881
for educator training and standards for teacher and other school	67882
leadership positions. Any remaining funds may be used by the	67883
Department to develop alternative preparation programs for school	67884
leaders.	67885

Section 269.20.70. COMMUNITY SCHOOLS

67886

Of the foregoing appropriation item 200-455, Community	67887
Schools, up to $1,308,661 in each fiscal year may be used by the	67888
Department of Education for additional services and	67889
responsibilities under section 3314.11 of the Revised Code.	67890

Of the foregoing appropriation item 200-455, Community	67891
Schools, up to $225,000 in each fiscal year may be used by the	67892
Department of Education for developing and conducting training	67893
sessions for sponsors and prospective sponsors of community	67894
schools as prescribed in division (A)(1) of section 3314.015 of	67895
the Revised Code. In developing the training sessions, the	67896
Department shall collect and disseminate examples of best	67897
practices used by sponsors of independent charter schools in Ohio	67898
and other states.	67899

STEM INITIATIVES

67900

Of the foregoing appropriation item 200-457, STEM	67901
Initiatives, up to $2,783,000 in each fiscal year shall be	67902
provided as start-up grants to new STEM schools under the section	67903
of this act entitled "AWARD OF STEM INITIATIVES GRANTS."	67904

Of the foregoing appropriation item 200-457, STEM	67905
Initiatives, up to $3,500,000 in each fiscal year shall be used to	67906
support STEM Programs of Excellence under the section of this act	67907
entitled "AWARD OF STEM INITIATIVES GRANTS."	67908

Of the foregoing appropriation item 200-457, STEM	67909
Initiatives, $350,000 in each fiscal year shall be used to support	67910
the Young Buckeye STEM Scholars After School and Summer Program	67911
designed by the Ohio Academy of Science.	67912

Of the foregoing appropriation item 200-457, STEM	67913
Initiatives, up to $2,600,000 in each fiscal year shall be used	67914
for mathematics initiatives that include, but are not limited to,	67915
intensive teacher professional development institutes that focus	67916
on classroom implementation of the mathematics standards.	67917

Of the foregoing appropriation item 200-457, STEM	67918
Initiatives, $200,000 in each fiscal year may be used to support	67919
the Ohio Resource Center for Math and Science.	67920

Of the foregoing appropriation item 200-457, STEM	67921
Initiatives, up to $282,000 in each fiscal year shall be used for	67922
the JASON Expedition project that provides statewide access to	67923
JASON Expedition content. Funds shall be used to provide	67924
professional development training for teachers participating in	67925
the project, statewide management, and a seventy-five per cent	67926
subsidy for statewide licensing of JASON Expedition content with	67927
priority given to content aligned with state academic content	67928
standards for approximately 90,000 middle school students	67929
statewide.	67930

Of the foregoing appropriation item 200-457, STEM	67931
Initiatives, $285,000 in each fiscal year shall be used for	67932
science initiatives that include, but are not limited to, the Ohio	67933
Science Institute (OSCI).	67934

Section 269.20.75. AWARD OF STEM INITIATIVES GRANTS

67935

(A) As used in this section:

67936

(1) "Community school" means a community school established	67937
under Chapter 3314. of the Revised Code.	67938

(2) "STEM" is an abbreviation for science, technology,	67939
engineering, and mathematics.	67940

(B) The Partnership for Continued Learning shall prescribe	67941
criteria for awarding start-up grants to new STEM schools and	67942
grants to support STEM programs of excellence. The criteria for	67943
each type of grant shall include the maximum number of grants,	67944
minimum and maximum amounts of the grants, and minimum standards	67945
for the schools and programs receiving the grants.	67946

(C) The Department of Education, in consultation with the	67947
Ohio Board of Regents, the Chancellor of the Board, and the	67948
Partnership for Continued Learning, and in accordance with the	67949
criteria prescribed under division (B) of this section, shall	67950
award start-up grants for new STEM schools and grants for STEM	67951
programs of excellence.	67952

(D) Start-up grants for new STEM schools shall be awarded to	67953
school districts, including joint vocational school districts,	67954
educational service centers, community schools, or consortiums of	67955
school districts, educational service centers, or community	67956
schools, for schools that are not in operation prior to receiving	67957
the grant and that will serve only students above grade six. To be	67958
considered for an award, the applicant shall demonstrate to the	67959
Department's satisfaction that the school meets at least the	67960
following standards:	67961

(1) The new STEM school will not base student admission on	67962
intellectual ability or measures of achievement, aptitude, or	67963
ability.	67964

(2) The new STEM school will offer a rigorous and diverse	67965
curriculum that is based on scientific inquiry and scientific	67966
design, features the arts and humanities, and emphasizes	67967
personalized learning and teamwork skills, and the goal of which	67968
is to prepare students for college, the work force, and	67969
citizenship.	67970

(3) The new STEM school will attract school leaders who	67971
support the principles of division (D)(2) of this section.	67972

(4) The new STEM school will utilize a knowledge management	67973
mechanism for best practices and innovative professional	67974
development.	67975

(E) In awarding start-up grants for new STEM schools, the	67976
Department shall give preference to proposed new STEM schools that	67977
both:	67978

(1) Are developed in collaboration with a regional	67979
partnership that includes institutions of higher education, local	67980
businesses, and leaders of community organizations and local	67981
governments;	67982

(2) Have received commitments of sustained and verifiable	67983
fiscal or in-kind support from regional educational and business	67984
entities.	67985

(F) A school district, school building operated by a school	67986
district, community school, or educational service center may	67987
apply for a grant for a STEM program of excellence to serve	67988
students in any of grades kindergarten through eight. To be	67989
considered for an award, the applicant shall demonstrate to the	67990
Department's satisfaction that the program meets at least the	67991
following standards:	67992

(1) The program will serve all students enrolled in the	67993
district or school in the grades for which the program is	67994
designed.	67995

(2) The program will offer a rigorous and diverse curriculum	67996
that is based on scientific inquiry and scientific design, that	67997
emphasizes personalized learning and teamwork skills, and that	67998
will expose students to advanced scientific concepts within and	67999
outside the classroom.	68000

(3) The program will include teacher professional development	68001
strategies that are augmented by community and business partners.	68002

(G) In awarding grants to support STEM programs of	68003
excellence, the Department shall give preference to programs that	68004
have received commitments of sustained and verifiable fiscal or	68005
in-kind support from regional educational and business entities.	68006

Section 269.20.80. PUPIL TRANSPORTATION

68007

Of the foregoing appropriation item 200-502, Pupil	68008
Transportation, up to $830,624 in fiscal year 2008 and up to	68009
$838,930 in fiscal year 2009 may be used by the Department of	68010
Education for training prospective and experienced school bus	68011
drivers in accordance with training programs prescribed by the	68012
Department. Up to $59,870,514 in fiscal year 2008 and up to	68013
$60,469,220 in fiscal year 2009 may be used by the Department of	68014
Education for special education transportation reimbursements to	68015
school districts and county MR/DD boards for transportation	68016
operating costs as provided in division (J) of section 3317.024 of	68017
the Revised Code. The remainder of appropriation item 200-502,	68018
Pupil Transportation, shall be used for the state reimbursement of	68019
public school districts' costs in transporting pupils to and from	68020
the school they attend in accordance with the district's policy,	68021
State Board of Education standards, and the Revised Code.	68022

Notwithstanding the distribution formula outlined in division	68023
(D) of section 3317.022 of the Revised Code, each school district	68024
shall receive an additional one per cent in state funding for	68025
transportation in fiscal year 2008 over what was received in	68026
fiscal year 2007, and the local share of transportation costs that	68027
is used in the calculation of the charge-off supplement under	68028
section 3317.0216 of the Revised Code and the excess cost	68029
supplement under division (F) of section 3317.022 of the Revised	68030
Code for each school district in fiscal year 2008 shall be	68031
increased by one per cent from that used in calculations in fiscal	68032
year 2007.	68033

Notwithstanding the distribution formula outlined in division	68034
(D) of section 3317.022 of the Revised Code, each school district	68035
shall receive an additional one per cent in state funding for	68036
transportation in fiscal year 2009 over what was received in	68037
fiscal year 2008, and the local share of transportation costs that	68038
is used in the calculation of the charge-off supplement under	68039
section 3317.0216 of the Revised Code and the excess cost	68040
supplement under division (F) of section 3317.022 of the Revised	68041
Code for each school district in fiscal year 2009 shall be	68042
increased by one per cent from that used in calculations in fiscal	68043
year 2008.	68044

School districts not receiving state funding for	68045
transportation in fiscal year 2005 under division (D) of section	68046
3317.022 of the Revised Code shall not receive state funding for	68047
transportation in fiscal year 2008 or fiscal year 2009.	68048

Section 269.20.83. Not later than December 31, 2008, the	68049
Department of Education shall complete a study and submit to the	68050
General Assembly in accordance with section 101.68 of the Revised	68051
Code a report of findings regarding, and legislative and other	68052
recommendations for enhancing regional collaboration among school	68053
districts, educational service centers, community schools, and	68054
nonpublic schools in the provision of pupil transportation. The	68055
study shall include the role of educational service centers in	68056
providing pupil transportation. In conducting the study, the	68057
Department shall consult with the state regional alliance advisory	68058
board created by section 3312.11 of the Revised Code.	68059

Section 269.20.90. BUS PURCHASE ALLOWANCE

68060

The foregoing appropriation item 200-503, Bus Purchase	68061
Allowance, shall be distributed to school districts, educational	68062
service centers, and county MR/DD boards pursuant to rules adopted	68063
under section 3317.07 of the Revised Code. Up to 28 per cent of	68064
the amount appropriated may be used to reimburse school districts	68065
and educational service centers for the purchase of buses to	68066
transport students with disabilities and nonpublic school students	68067
and to county MR/DD boards, the Ohio School for the Deaf, and the	68068
Ohio School for the Blind for the purchase of buses to transport	68069
students with disabilities.	68070

SCHOOL LUNCH MATCH

68071

The foregoing appropriation item 200-505, School Lunch Match,	68072
shall be used to provide matching funds to obtain federal funds	68073
for the school lunch program.	68074

Section 269.30.10. ADULT LITERACY EDUCATION

68075

The foregoing appropriation item 200-509, Adult Literacy	68076
Education, shall be used to support adult basic and literacy	68077
education instructional programs and the State Literacy Resource	68078
Center Program.	68079

Of the foregoing appropriation item 200-509, Adult Literacy	68080
Education, up to $488,037 in each fiscal year shall be used for	68081
the support and operation of the State Literacy Resource Center.	68082

Of the foregoing appropriation item 200-509, Adult Literacy	68083
Education, up to $175,000 in each fiscal year shall be used for	68084
state reimbursement to school districts for adult high school	68085
continuing education programs under section 3313.531 of the	68086
Revised Code or for costs associated with awarding adult high	68087
school diplomas under section 3313.611 of the Revised Code.	68088

Of the foregoing appropriation item 200-509, Adult Literacy	68089
Education, $130,000 in each fiscal year shall be used to support	68090
initiatives for English as a Second Language programs. Funding	68091
shall be distributed as follows: $60,000 in each fiscal year for	68092
Jewish Community Federation of Cleveland, $25,000 in each fiscal	68093
year for Yassenoff Jewish Community Center of Columbus, $30,000 in	68094
each fiscal year for Jewish Family Services of Cincinnati, and	68095
$15,000 in each fiscal year for Jewish Family Services of Dayton.	68096

The remainder of the appropriation shall be used to continue	68097
to satisfy the state match and maintenance of effort requirements	68098
for the support and operation of the Department of	68099
Education-administered instructional grant program for adult basic	68100
and literacy education in accordance with the Department's state	68101
plan for adult basic and literacy education as approved by the	68102
State Board of Education and the Secretary of the United States	68103
Department of Education.	68104

Section 269.30.20. AUXILIARY SERVICES

68105

The foregoing appropriation item 200-511, Auxiliary Services,	68106
shall be used by the Department of Education for the purpose of	68107
implementing section 3317.06 of the Revised Code. Of the	68108
appropriation, up to $2,060,000 in fiscal year 2008 and up to	68109
$2,121,800 in fiscal year 2009 may be used for payment of the	68110
Post-Secondary Enrollment Options Program for nonpublic students.	68111
Notwithstanding section 3365.10 of the Revised Code, the	68112
Department, in accordance with Chapter 119. of the Revised Code,	68113
shall adopt rules governing the distribution method for these	68114
funds.	68115

POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION

68116

Of the foregoing appropriation item 200-514, Postsecondary	68117
Adult Career-Technical Education, $40,000 in each fiscal year	68118
shall be used for statewide coordination of the activities of the	68119
Ohio Young Farmers.	68120

The remainder of appropriation item 200-514, Postsecondary	68121
Adult Career-Technical Education, shall be used by the State Board	68122
of Education to provide postsecondary adult career-technical	68123
education under sections 3313.52 and 3313.53 of the Revised Code.	68124

Section 269.30.30. GIFTED PUPIL PROGRAM

68125

The foregoing appropriation item 200-521, Gifted Pupil	68126
Program, shall be used for gifted education units not to exceed	68127
1,110 in each fiscal year under division (L) of section 3317.024	68128
and division (F) of section 3317.05 of the Revised Code.	68129

Of the foregoing appropriation item 200-521, Gifted Pupil	68130
Program, up to $4,747,000 in fiscal year 2008 and up to $4,794,470	68131
in fiscal year 2009 may be used as an additional supplement for	68132
identifying gifted students under Chapter 3324. of the Revised	68133
Code.	68134

Of the foregoing appropriation item 200-521, Gifted Pupil	68135
Program, the Department of Education may expend up to $1,015,858	68136
in fiscal year 2008 and up to $1,026,017 in fiscal year 2009 for	68137
the Summer Honors Institute, including funding for the Martin	68138
Essex Program, which shall be awarded through a request for	68139
proposals process.	68140

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

68141

The foregoing appropriation item 200-532, Nonpublic	68142
Administrative Cost Reimbursement, shall be used by the Department	68143
of Education for the purpose of implementing section 3317.063 of	68144
the Revised Code.	68145

Section 269.30.40. OHIO CORE SUPPORT

68146

The foregoing appropriation item 200-536, Ohio Core Support,	68147
shall be used to support implementation of the Ohio Core Program,	68148
which requires establishment of a rigorous high school curriculum	68149
for Ohio's high school students. The Department of Education and	68150
the Board of Regents shall jointly plan and work collaboratively	68151
to guide implementation of the Ohio Core Program and to administer	68152
funding to eligible school districts, fiscal agents, individuals,	68153
and programs as determined under this section. The Department of	68154
Education and the Board of Regents shall jointly agree to the	68155
awarding and expenditure of funds appropriated in this section.	68156

Of the foregoing appropriation item 200-536, Ohio Core	68157
Support, up to $2,600,000 in fiscal year 2008 and up to $3,000,000	68158
in fiscal year 2009 shall be used to support the participation of	68159
teachers licensed in Ohio and mid-career professionals not	68160
currently employed by a school district or chartered nonpublic	68161
school or licensed to teach at the primary or secondary education	68162
levels in a twelve-month intensive training program that leads to	68163
teacher licensure in a laboratory-based science, advanced	68164
mathematics, or foreign language field at the secondary education	68165
level and employment with an Ohio school district school	68166
designated by the Department of Education as a hard to staff	68167
school.	68168

Of the foregoing appropriation item 200-536, Ohio Core	68169
Support, up to $1,500,000 in fiscal year 2008 and up to $2,100,000	68170
in fiscal year 2009 shall be used to support alternative teacher	68171
licensure programs developed by educational service centers in	68172
partnership with institutions of higher education. Participants	68173
shall be teachers licensed in Ohio and mid-career professionals	68174
not currently employed by a school district or chartered nonpublic	68175
school or licensed to teach at the primary or secondary education	68176
levels. Programs shall support teacher licensure in a	68177
laboratory-based science, advanced mathematics, or foreign	68178
language field at the secondary education level and employment	68179
with an Ohio school district school designated by the Department	68180
of Education as a hard to staff school. The programs shall be	68181
consistent with the State Board of Education's alternative	68182
licensure requirements.	68183

Of the foregoing appropriation item 200-536, Ohio Core	68184
Support, up to $3,600,000 in each fiscal year shall be distributed	68185
to school districts, and to public fiscal agents on behalf of	68186
chartered nonpublic schools, to be used to obtain contracted	68187
instruction with institutions of higher education in advanced	68188
mathematics, laboratory-based science, or foreign language for	68189
public and chartered nonpublic high school students that results	68190
in dual high school and college credit. Costs shall be based upon	68191
reasonable expenses that institutions of higher education could	68192
incur for faculty, supplies, and other associated costs.	68193

Of the foregoing appropriation item 200-536, Ohio Core	68194
Support, up to $5,675,000 in fiscal year 2009 shall be distributed	68195
to public school districts for supplemental post-secondary	68196
enrollment option participation. The Partnership for Continued	68197
Learning shall make program recommendations by October 31, 2007,	68198
to the Department of Education and the Board of Regents to remove	68199
school district barriers to participation and improve the quality	68200
of course offerings, ensuring that credit earned at institutions	68201
of higher education will apply toward high school graduation	68202
requirements and associate or baccalaureate degree requirements.	68203
Eligibility requirements and grant amounts awarded to school	68204
districts in fiscal year 2009 for the program shall be determined	68205
by criteria established by the Department of Education in	68206
collaboration with the Board of Regents and the Partnership for	68207
Continued Learning.	68208

Of the foregoing appropriation item 200-536, Ohio Core	68209
Support, $750,000 in fiscal year 2009 shall be used for Advanced	68210
Placement (AP) Summer Institutes for one hundred fifty English,	68211
social studies, and foreign language teachers and six hundred	68212
science and mathematics teachers.	68213

Section 269.30.50. SPECIAL EDUCATION ENHANCEMENTS

68214

Of the foregoing appropriation item 200-540, Special	68215
Education Enhancements, up to $2,906,875 in each fiscal year shall	68216
be used for home instruction for children with disabilities; up to	68217
$1,462,500 in each fiscal year shall be used for parent mentoring	68218
programs; and up to $2,783,396 in each fiscal year may be used for	68219
school psychology interns.	68220

Of the foregoing appropriation item 200-540, Special	68221
Education Enhancements, $750,000 in each fiscal year shall be used	68222
for the Out of School Initiative of Sinclair Community College.	68223

Of the foregoing appropriation item 200-540, Special	68224
Education Enhancements, $200,000 shall be used for a preschool	68225
special education pilot program in Bowling Green City School	68226
District.	68227

Of the foregoing appropriation item 200-540, Special	68228
Education Enhancements, $200,000 in each fiscal year shall be used	68229
to support the Bellefaire Jewish Children's Bureau.	68230

Of the foregoing appropriation item 200-540, Special	68231
Education Enhancements, up to $82,707,558 in fiscal year 2008 and	68232
up to $83,371,505 in fiscal year 2009 shall be distributed by the	68233
Department of Education to county boards of mental retardation and	68234
developmental disabilities, educational service centers, and	68235
school districts for preschool special education units and	68236
preschool supervisory units under section 3317.052 of the Revised	68237
Code. To the greatest extent possible, the Department of Education	68238
shall allocate these units to school districts and educational	68239
service centers.	68240

The Department may reimburse county MR/DD boards, educational	68241
service centers, and school districts for services provided by	68242
instructional assistants, related services as defined in rule	68243
3301-51-11 of the Administrative Code, physical therapy services	68244
provided by a licensed physical therapist or a physical therapy	68245
assistant under the supervision of a licensed physical therapist	68246
as required under Chapter 4755. of the Revised Code and Chapter	68247
4755-27 of the Administrative Code and occupational therapy	68248
services provided by a licensed occupational therapist or an	68249
occupational therapy assistant under the supervision of a licensed	68250
occupational therapist as required under Chapter 4755. of the	68251
Revised Code and Chapter 4755-7 of the Administrative Code.	68252
Nothing in this section authorizes occupational therapy assistants	68253
or physical therapy assistants to generate or manage their own	68254
caseloads.	68255

The Department of Education shall require school districts,	68256
educational service centers, and county MR/DD boards serving	68257
preschool children with disabilities to document child progress	68258
using research-based indicators prescribed by the Department and	68259
report results annually. The reporting dates and method shall be	68260
determined by the Department.	68261

Of the foregoing appropriation item 200-540, Special	68262
Education Enhancements, up to $400,000 in each fiscal year shall	68263
be used for the Collaborative Language and Literacy Instruction	68264
Project.	68265

Of the foregoing appropriation item 200-540, Special	68266
Education Enhancements, $325,000 in each fiscal year shall be used	68267
by the Ohio Center for Autism and Low Incidence to contract with	68268
the Delaware-Union Educational Service Center for the provision of	68269
autism transition services.	68270

Of the foregoing appropriation item 200-540, Special	68271
Education Enhancements, $75,000 in each fiscal year shall be used	68272
for Leaf Lake/Geauga Educational Assistance Funding.	68273

Of the foregoing appropriation item 200-540, Special	68274
Education Enhancements, $650,000 in each fiscal year shall be used	68275
to support Project More for one-to-one reading mentoring.	68276

The remainder of appropriation item 200-540, Special	68277
Education Enhancements, shall be used to fund special education	68278
and related services at county boards of mental retardation and	68279
developmental disabilities for eligible students under section	68280
3317.20 of the Revised Code and at institutions for eligible	68281
students under section 3317.201 of the Revised Code.	68282

Section 269.30.60. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

68283

Of the foregoing appropriation item 200-545, Career-Technical	68284
Education Enhancements, up to $2,509,152 in fiscal year 2008 and	68285
up to $2,584,427 in fiscal year 2009 shall be used to fund	68286
career-technical education grants at institutions.	68287

Of the foregoing appropriation item 200-545, Career-Technical	68288
Education Enhancements, up to $2,621,507 in each fiscal year shall	68289
be used by the Department of Education to fund competitive grants	68290
to tech prep consortia that expand the number of students enrolled	68291
in tech prep programs. These grant funds shall be used to directly	68292
support expanded tech prep programs, including equipment, provided	68293
to students enrolled in school districts, including joint	68294
vocational school districts, and affiliated higher education	68295
institutions.	68296

Of the foregoing appropriation item 200-545, Career-Technical	68297
Education Enhancements, up to $3,401,000 in each fiscal year shall	68298
be used by the Department of Education to support existing High	68299
Schools That Work (HSTW) sites, develop and support new sites,	68300
fund technical assistance, and support regional centers and middle	68301
school programs. The purpose of HSTW is to combine challenging	68302
academic courses and modern career-technical studies to raise the	68303
academic achievement of students. HSTW provides intensive	68304
technical assistance, focused staff development, targeted	68305
assessment services, and ongoing communications and networking	68306
opportunities.	68307

Of the foregoing appropriation item 200-545, Career-Technical	68308
Education Enhancements, up to $466,992 in each fiscal year shall	68309
be allocated for the Ohio Career Information System (OCIS) and	68310
used for the dissemination of career information data to public	68311
schools, libraries, rehabilitation centers, two- and four-year	68312
colleges and universities, and other governmental units.	68313

Of the foregoing appropriation item 200-545, Career-Technical	68314
Education Enhancements, up to $300,000 in each fiscal year shall	68315
be used by the Department of Education to enable students in	68316
agricultural programs to enroll in a fifth quarter of instruction	68317
based on the agricultural education model of delivering work-based	68318
learning through supervised agricultural experience. The	68319
Department of Education shall determine eligibility criteria and	68320
the reporting process for the Agriculture 5th Quarter Project and	68321
shall fund as many programs as possible given the set aside.	68322

Section 269.30.70. FOUNDATION FUNDING

68323

The foregoing appropriation item 200-550, Foundation Funding,	68324
includes $75,000,000 in each fiscal year for the state education	68325
aid offset due to the change in public utility valuation as a	68326
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	68327
General Assembly. This amount represents the total state education	68328
aid offset due to the valuation change for school districts and	68329
joint vocational school districts from all relevant appropriation	68330
line item sources. Upon certification by the Department of	68331
Education, in consultation with the Department of Taxation, to the	68332
Director of Budget and Management of the actual state aid offset,	68333
the cash transfer from Fund 053, appropriation item 200-900,	68334
School District Property Tax Replacement - Utility, shall be	68335
decreased or increased by the Director of Budget and Management to	68336
match the certification in accordance with section 5727.84 of the	68337
Revised Code.	68338

The foregoing appropriation item 200-550, Foundation Funding,	68339
includes $58,000,000 in fiscal year 2008 and $145,000,000 in	68340
fiscal year 2009 for the state education aid offset because of the	68341
changes in tangible personal property valuation as a result of Am.	68342
Sub. H.B. 66 of the 126th General Assembly. This amount represents	68343
the total state education aid offset because of the valuation	68344
change for school districts and joint vocational school districts	68345
from all relevant appropriation item sources. Upon certification	68346
by the Department of Education of the actual state education aid	68347
offset to the Director of Budget and Management, the cash transfer	68348
from Fund 047, appropriation item 200-909, School District	68349
Property Tax Replacement - Business, shall be decreased or	68350
increased by the Director of Budget and Management to match the	68351
certification in accordance with section 5751.21 of the Revised	68352
Code.	68353

Of the foregoing appropriation item 200-550, Foundation	68354
Funding, up to $425,000 shall be expended in each fiscal year for	68355
court payments under section 2151.357 of the Revised Code; an	68356
amount shall be available in each fiscal year to fund up to 225	68357
full-time equivalent approved GRADS teacher grants under division	68358
(N) of section 3317.024 of the Revised Code; an amount shall be	68359
available in each fiscal year to make payments to school districts	68360
under division (A)(3) of section 3317.022 of the Revised Code; an	68361
amount shall be available in each fiscal year to make payments to	68362
school districts under division (F) of section 3317.022 of the	68363
Revised Code; and up to $30,000,000 in each fiscal year shall be	68364
reserved for payments under sections 3317.026, 3317.027, and	68365
3317.028 of the Revised Code except that the Controlling Board may	68366
increase the $30,000,000 amount if presented with such a request	68367
from the Department of Education.	68368

Of the foregoing appropriation item 200-550, Foundation	68369
Funding, up to $19,770,000 in fiscal year 2008 and up to	68370
$20,545,200 in fiscal year 2009 shall be used to provide	68371
additional state aid to school districts for special education	68372
students under division (C)(3) of section 3317.022 of the Revised	68373
Code, except that the Controlling Board may increase these amounts	68374
if presented with such a request from the Department of Education	68375
at the final meeting of the fiscal year; up to $2,000,000 in each	68376
fiscal year shall be reserved for Youth Services tuition payments	68377
under section 3317.024 of the Revised Code; and up to $52,000,000	68378
in each fiscal year shall be reserved to fund the state	68379
reimbursement of educational service centers under section 3317.11	68380
of the Revised Code and the section of this act entitled	68381
"EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be	68382
available for special education weighted funding under division	68383
(C)(1) of section 3317.022 and division (D)(1) of section 3317.16	68384
of the Revised Code.	68385

Of the foregoing appropriation item 200-550, Foundation	68386
Funding, an amount shall be available in each fiscal year to be	68387
used by the Department of Education for transitional aid for	68388
school districts and joint vocational school districts. Funds	68389
shall be distributed under the sections of this act entitled	68390
"TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL	68391
DISTRICTS" and "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL	68392
DISTRICTS."	68393

Of the foregoing appropriation item 200-550, Foundation	68394
Funding, up to $1,000,000 in each fiscal year shall be used by the	68395
Department of Education for a program to pay for educational	68396
services for youth who have been assigned by a juvenile court or	68397
other authorized agency to any of the facilities described in	68398
division (A) of the section of this act entitled "PRIVATE	68399
TREATMENT FACILITY PROJECT."	68400

Of the foregoing appropriation item 200-550, Foundation	68401
Funding, up to $3,700,000 in each fiscal year shall be used for	68402
school breakfast programs. Of this amount, up to $900,000 shall be	68403
used in each fiscal year by the Department of Education to	68404
contract with the Children's Hunger Alliance to expand access to	68405
child nutrition programs consistent with the organization's	68406
continued ability to meet specified performance measures as	68407
detailed in the contract. Of this amount, the Children's Hunger	68408
Alliance shall use at least $150,000 in each fiscal year to	68409
subcontract with an appropriate organization or organizations to	68410
expand summer food participation in underserved areas of the	68411
state, consistent with those organizations' continued ability to	68412
meet specified performance measures as detailed in the	68413
subcontracts. The remainder of the appropriation shall be used to	68414
partially reimburse school buildings within school districts that	68415
are required to have a school breakfast program under section	68416
3313.813 of the Revised Code, at a rate decided by the Department.	68417

Of the foregoing appropriation item 200-550, Foundation	68418
Funding, up to $8,686,000 in fiscal year 2008 and up to $8,722,860	68419
in fiscal year 2009 shall be used to operate the school choice	68420
program in the Cleveland Municipal School District under sections	68421
3313.974 to 3313.979 of the Revised Code.	68422

Of the portion of the funds distributed to the Cleveland	68423
Municipal School District under this section, up to $11,901,887 in	68424
each fiscal year shall be used to operate the school choice	68425
program in the Cleveland Municipal School District under sections	68426
3313.974 to 3313.979 of the Revised Code.	68427

Of the foregoing appropriation item 200-550, Foundation	68428
Funding, $3,312,165 in each fiscal year shall be used in	68429
conjunction with funding appropriated under appropriation item	68430
200-431, School Improvement Initiatives, to help support districts	68431
in the development and implementation of their continuous	68432
improvements plans and provide technical assistance and support in	68433
accordance with Title I of the No Child Left Behind Act of 2001.	68434

The remaining portion of appropriation item 200-550,	68435
Foundation Funding, shall be expended for the public schools of	68436
city, local, exempted village, and joint vocational school	68437
districts, including base-cost funding, special education speech	68438
service enhancement funding, career-technical education weight	68439
funding, career-technical education associated service funding,	68440
teacher training and experience funding, charge-off supplement,	68441
and excess cost supplement under sections 3317.022, 3317.023,	68442
3317.0216, and 3317.16 of the Revised Code.	68443

Appropriation items 200-502, Pupil Transportation, 200-521,	68444
Gifted Pupil Program, 200-540, Special Education Enhancements, and	68445
200-550, Foundation Funding, other than specific set-asides, are	68446
collectively used in each fiscal year to pay state formula aid	68447
obligations for school districts and joint vocational school	68448
districts under Chapter 3317. of the Revised Code. The first	68449
priority of these appropriation items, with the exception of	68450
specific set-asides, is to fund state formula aid obligations	68451
under Chapter 3317. of the Revised Code. It may be necessary to	68452
reallocate funds among these appropriation items or use excess	68453
funds from other general revenue fund appropriation items in the	68454
Department of Education's budget in each fiscal year, in order to	68455
meet state formula aid obligations. If it is determined that it is	68456
necessary to transfer funds among these appropriation items or to	68457
transfer funds from other General Revenue Fund appropriations in	68458
the Department of Education's budget to meet state formula aid	68459
obligations, the Department of Education shall seek approval from	68460
the Controlling Board to transfer funds as needed.	68461

Section 269.30.80. TRANSITIONAL AID FOR CITY, LOCAL, AND	68462
EXEMPTED VILLAGE SCHOOL DISTRICTS	68463

(A) The Department of Education shall distribute funds within	68464
appropriation item 200-550, Foundation Funding, for transitional	68465
aid in each fiscal year to each qualifying city, local, and	68466
exempted village school district.	68467

For fiscal years 2008 and 2009, the Department shall pay	68468
transitional aid to each city, local, or exempted village school	68469
district that experiences any decrease in its SF-3 funding for the	68470
current fiscal year from its transitional aid guarantee base for	68471
the current fiscal year. The amount of the transitional aid	68472
payment shall equal the difference between the district's SF-3	68473
funding for the current fiscal year and its transitional aid	68474
guarantee base for the current fiscal year.	68475

(B)(1) Subject to divisions (B)(3) and (C) of this section,	68476
the transitional aid guarantee base for each city, local, and	68477
exempted village school district for fiscal year 2008 equals the	68478
sum of the following as computed for fiscal year 2007, as	68479
reconciled by the Department:	68480

(a) Base-cost funding under division (A) of section 3317.022	68481
of the Revised Code;	68482

(b) Special education and related services additional	68483
weighted funding under division (C)(1) of section 3317.022 of the	68484
Revised Code;	68485

(c) Speech services funding under division (C)(4) of section	68486
3317.022 of the Revised Code;	68487

(d) Vocational education additional weighted funding under	68488
division (E) of section 3317.022 of the Revised Code;	68489

(e) GRADS funding under division (N) of section 3317.024 of	68490
the Revised Code;	68491

(f) Adjustments for classroom teachers and educational	68492
service personnel under divisions (B), (C), and (D) of section	68493
3317.023 of the Revised Code;	68494

(g) Poverty-Based Assistance under section 3317.029 of the	68495
Revised Code;	68496

(h) Gifted education units under division (L) of section	68497
3317.024 and section 3317.05 of the Revised Code;	68498

(i) Transportation under Section 206.09.21 of Am. Sub. H.B.	68499
66 of the 126th General Assembly, as subsequently amended;	68500

(j) The excess cost supplement under division (F) of section	68501
3317.022 of the Revised Code;	68502

(k) Parity aid under section 3317.0217 of the Revised Code;

68503

(l) The reappraisal guarantee under division (C) of section	68504
3317.04 of the Revised Code;	68505

(m) The charge-off supplement under section 3317.0216 of the	68506
Revised Code;	68507

(n) Transitional aid under Section 206.09.39 of Am. Sub. H.B.	68508
66 of the 126th General Assembly, as subsequently amended.	68509

(2) Subject to divisions (B)(3) and (C) of this section, the	68510
transitional aid guarantee base for each city, local, and exempted	68511
village school district for fiscal year 2009 equals the sum of the	68512
following as computed for fiscal year 2008, as reconciled by the	68513
Department:	68514

(a) Base-cost funding under division (A) of section 3317.022	68515
of the Revised Code;	68516

(b) Special education and related services additional	68517
weighted funding under division (C)(1) of section 3317.022 of the	68518
Revised Code;	68519

(c) Speech services funding under division (C)(4) of section	68520
3317.022 of the Revised Code;	68521

(d) Vocational education additional weighted funding under	68522
division (E) of section 3317.022 of the Revised Code;	68523

(e) GRADS funding under division (N) of section 3317.024 of	68524
the Revised Code;	68525

(f) Adjustments for classroom teachers and educational	68526
service personnel under divisions (B), (C), and (D) of section	68527
3317.023 of the Revised Code;	68528

(g) Gifted education units under division (L) of section	68529
3317.024 and section 3317.05 of the Revised Code;	68530

(h) Transportation under the section of this act entitled	68531
"PUPIL TRANSPORTATION";	68532

(i) The excess cost supplement under division (F) of section	68533
3317.022 of the Revised Code;	68534

(j) The charge-off supplement under section 3317.0216 of the	68535
Revised Code;	68536

(k) Transitional aid under this section.

68537

(3) The SF-3 funding for each fiscal year for each district	68538
is the sum of the amounts specified in divisions (B)(2)(a) to (k)	68539
of this section less any general revenue fund spending reductions	68540
ordered by the Governor under section 126.05 of the Revised Code.	68541

(C)(1) Notwithstanding any other provision of law to the	68542
contrary, only for purposes of this section, for any computation	68543
or computed value for previous fiscal years, the Department of	68544
Education shall substitute "ADM value" for "formula ADM," as the	68545
latter term was defined in law in effect for the fiscal year for	68546
which the previous computations were made.	68547

(2) As used in division (C) of this section, "ADM value"	68548
means the number of students reported by the entity providing	68549
educational services to those students, as follows:	68550

(a) In the case of students receiving educational services	68551
from a city, exempted village, or local school district, the	68552
number reported under division (B) of section 3317.03 of the	68553
Revised Code;	68554

(b) In the case of students receiving educational services	68555
from a joint vocational school district, the number reported under	68556
division (D)(2) of section 3317.03 of the Revised Code;	68557

(c) In the case of students receiving services from a	68558
community school, the number reported by the community school's	68559
governing authority under division (B)(2) of section 3314.08 of	68560
the Revised Code;	68561

(d) In the case of scholarship students receiving services	68562
from a chartered nonpublic school under a scholarship program	68563
pursuant to Chapter 3310. of the Revised Code, the number of such	68564
students reported by the nonpublic school in accordance with	68565
reporting requirements adopted by the Department for purposes of	68566
that program.	68567

Section 269.30.90. TRANSITIONAL AID FOR JOINT VOCATIONAL	68568
SCHOOL DISTRICTS	68569

(A) The Department of Education shall distribute funds within	68570
appropriation item 200-550, Foundation Funding, for transitional	68571
aid in each fiscal year to each joint vocational school district	68572
that experiences a decrease in its joint vocational funding for	68573
the current fiscal year from the previous fiscal year. The	68574
Department shall distribute to each such district transitional aid	68575
in an amount equal to the decrease in the district's joint	68576
vocational funding from the previous fiscal year.	68577

(B)(1) Subject to divisions (B)(2) and (3) of this section, a	68578
district's joint vocational funding equals the sum of the	68579
following:	68580

(a) Base-cost funding under division (B) of section 3317.16	68581
of the Revised Code;	68582

(b) Special education and related services additional	68583
weighted funding under division (D)(1) of section 3317.16 of the	68584
Revised Code;	68585

(c) Speech services funding under division (D)(2) of section	68586
3317.16 of the Revised Code;	68587

(d) Vocational education additional weighted funding under	68588
division (C) of section 3317.16 of the Revised Code;	68589

(e) GRADS funding under division (N) of section 3317.024 of	68590
the Revised Code.	68591

(2) For purposes of calculating transitional aid for fiscal	68592
year 2008, a district's fiscal year 2007 joint vocational funding	68593
is the sum of the amounts described in divisions (B)(1)(a) to (e)	68594
of this section, plus any transitional aid computed for the	68595
district under Section 206.09.42 of Am. Sub. H.B. 66 of the 126th	68596
General Assembly, as subsequently amended, as reconciled by the	68597
Department. For purposes of calculating transitional aid for	68598
fiscal year 2009, a district's fiscal year 2008 joint vocational	68599
funding is the sum of the amounts described in divisions (B)(1)(a)	68600
to (e) of this section, plus any transitional aid computed for the	68601
district under this section, as reconciled by the Department.	68602

(3) The joint vocational funding for each fiscal year for	68603
each district is the sum of the amounts specified in divisions	68604
(B)(1)(a) to (e) and (B)(2) of this section less any general	68605
revenue fund spending reductions ordered by the Governor under	68606
section 126.05 of the Revised Code.	68607

Section 269.40.10. LITERACY IMPROVEMENT-CLASSROOM GRANTS

68608

The foregoing appropriation item 200-566, Literacy	68609
Improvement-Classroom Grants, shall be disbursed by the Department	68610
of Education to provide reading improvement grants to public	68611
schools in city, local, and exempted village school districts;	68612
community schools; and educational service centers serving	68613
kindergarten through twelfth grade students to help struggling	68614
students improve their reading skills, improve reading outcomes in	68615
low-performing schools, and help close achievement gaps.	68616

VIOLENCE PREVENTION AND SCHOOL SAFETY

68617

Of the foregoing appropriation item 200-578, Violence	68618
Prevention and School Safety, up to $224,250 in each fiscal year	68619
shall be used to fund a safe school center to provide resources	68620
for parents and for school and law enforcement personnel.	68621

The remainder of the appropriation shall be distributed based	68622
on guidelines developed by the Department of Education to enhance	68623
school safety. The guidelines shall provide a list of	68624
research-based best practices and programs from which local	68625
grantees shall select based on local needs. These practices shall	68626
include, but not be limited to, school resource officers and safe	68627
and drug free school coordinators and social-emotional development	68628
programs.	68629

Section 269.40.20. PROPERTY TAX ALLOCATION - EDUCATION

68630

The Superintendent of Public Instruction shall not request,	68631
and the Controlling Board shall not approve, the transfer of funds	68632
from appropriation item 200-901, Property Tax Allocation -	68633
Education, to any other appropriation item.	68634

The appropriation item 200-901, Property Tax Allocation -	68635
Education, is appropriated to pay for the state's costs incurred	68636
because of the homestead exemption and the property tax rollback.	68637
In cooperation with the Department of Taxation, the Department of	68638
Education shall distribute these funds directly to the appropriate	68639
school districts of the state, notwithstanding sections 321.24 and	68640
323.156 of the Revised Code, which provide for payment of the	68641
homestead exemption and property tax rollback by the Tax	68642
Commissioner to the appropriate county treasurer and the	68643
subsequent redistribution of these funds to the appropriate local	68644
taxing districts by the county auditor.	68645

Appropriation item 200-906, Tangible Tax Exemption -	68646
Education, is appropriated to pay for the state's costs incurred	68647
because of the tangible personal property tax exemption required	68648
by division (C)(3) of section 5709.01 of the Revised Code. In	68649
cooperation with the Department of Taxation, the Department of	68650
Education shall distribute to each county treasurer the total	68651
amount appearing in the notification from the county treasurer	68652
under division (G) of section 321.24 of the Revised Code, for all	68653
school districts located in the county, notwithstanding section	68654
321.24 of the Revised Code insofar as it provides for payment of	68655
the $10,000 tangible personal property tax exemption by the Tax	68656
Commissioner to the appropriate county treasurer for all local	68657
taxing districts located in the county. Pursuant to division (G)	68658
of section 321.24 of the Revised Code, the county auditor shall	68659
distribute the amount paid by the Department of Education among	68660
the appropriate school districts.	68661

Upon receipt of these amounts, each school district shall	68662
distribute the amount among the proper funds as if it had been	68663
paid as real or tangible personal property taxes. Payments for the	68664
costs of administration shall continue to be paid to the county	68665
treasurer and county auditor as provided for in sections 319.54,	68666
321.26, and 323.156 of the Revised Code.	68667

Any sums, in addition to the amounts specifically	68668
appropriated in appropriation items 200-901, Property Tax	68669
Allocation - Education, for the homestead exemption and the	68670
property tax rollback payments, and 200-906, Tangible Tax	68671
Exemption - Education, for the $10,000 tangible personal property	68672
tax exemption payments, which are determined to be necessary for	68673
these purposes, are hereby appropriated.	68674

Section 269.40.30. TEACHER CERTIFICATION AND LICENSURE

68675

The foregoing appropriation item 200-681, Teacher	68676
Certification and Licensure, shall be used by the Department of	68677
Education in each year of the biennium to administer and support	68678
teacher certification and licensure activities.	68679

SCHOOL DISTRICT SOLVENCY ASSISTANCE

68680

Of the foregoing appropriation item 200-687, School District	68681
Solvency Assistance, $9,000,000 in each fiscal year shall be	68682
allocated to the School District Shared Resource Account and	68683
$9,000,000 in each fiscal year shall be allocated to the	68684
Catastrophic Expenditures Account. These funds shall be used to	68685
provide assistance and grants to school districts to enable them	68686
to remain solvent under section 3316.20 of the Revised Code.	68687
Assistance and grants shall be subject to approval by the	68688
Controlling Board. Any required reimbursements from school	68689
districts for solvency assistance shall be made to the appropriate	68690
account in the School District Solvency Assistance Fund (Fund	68691
5H3).	68692

Notwithstanding any provision of law to the contrary, upon	68693
the request of the Superintendent of Public Instruction, the	68694
Director of Budget and Management may make transfers to the School	68695
District Solvency Assistance Fund (Fund 5H3) from any Department	68696
of Education-administered fund or the General Revenue Fund to	68697
maintain sufficient cash balances in the School District Solvency	68698
Assistance Fund (Fund 5H3) in fiscal years 2008 and 2009. Any	68699
funds transferred are hereby appropriated. The transferred funds	68700
may be used by the Department of Education to provide assistance	68701
and grants to school districts to enable them to remain solvent	68702
and to pay unforeseeable expenses of a temporary or emergency	68703
nature that the school district is unable to pay from existing	68704
resources. The Director of Budget and Management shall notify the	68705
members of the Controlling Board of any such transfers.	68706

Section 269.40.40. READING FIRST

68707

The foregoing appropriation item 200-632, Reading First,	68708
shall be used by school districts to administer federal diagnostic	68709
tests as well as other functions permitted by federal statute.	68710
Notwithstanding section 3301.079 of the Revised Code, federal	68711
diagnostic tests may be recognized as meeting the state diagnostic	68712
testing requirements outlined in section 3301.079 of the Revised	68713
Code.	68714

HALF-MILL MAINTENANCE EQUALIZATION

68715

The foregoing appropriation item 200-626, Half-Mill	68716
Maintenance Equalization, shall be used to make payments pursuant	68717
to section 3318.18 of the Revised Code.	68718

Section 269.40.50. START-UP FUNDS

68719

Funds appropriated for the purpose of providing start-up	68720
grants to Title IV-A Head Start and Title IV-A Head Start Plus	68721
agencies in fiscal year 2004 and fiscal year 2005 for the	68722
provision of services to children eligible for Title IV-A services	68723
under the Title IV-A Head Start or Title IV-A Head Start Plus	68724
programs shall be reimbursed to the General Revenue Fund as	68725
follows:	68726

(A) If, for fiscal year 2008, an entity that was a Title IV-A	68727
Head Start or Title IV-A Head Start Plus agency will not be an	68728
early learning agency or early learning provider, the entity shall	68729
repay the entire amount of the start-up grant it received in	68730
fiscal year 2004 and fiscal year 2005 not later than June 30,	68731
2009, in accordance with a payment schedule agreed to by the	68732
Department of Education.	68733

(B) If an entity that was a Title IV-A Head Start or Title	68734
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	68735
2005 will be an early learning agency or early learning provider	68736
in fiscal year 2008 and fiscal year 2009, the entity shall be	68737
allowed to retain any amount of the start-up grant it received.	68738

(C) Within ninety days after the effective date of this	68739
section, the Title IV-A Head Start agencies, Title IV-A Head Start	68740
Plus agencies, and the Department of Education shall determine the	68741
repayment schedule for amounts owed under division (A) of this	68742
section. These amounts shall be paid to the state not later than	68743
June 30, 2009.	68744

(D) If an entity that was a Title IV-A Head Start or Title	68745
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	68746
2005 owed the state any portion of the start-up grant amount	68747
during fiscal year 2006 or fiscal year 2007 but failed to repay	68748
the entire amount of the obligation by June 30, 2007, the entity	68749
shall be given an extension for repayment through June 30, 2009,	68750
before any amounts remaining due and payable to the state are	68751
referred to the Attorney General for collection under section	68752
131.02 of the Revised Code.	68753

(E) Any Title IV-A Head Start or Title IV-A Head Start Plus	68754
start-up grants that are retained by early learning agencies or	68755
early learning providers pursuant to this section shall be	68756
reimbursed to the General Revenue Fund when the early learning	68757
program ceases or is no longer funded from Title IV-A or if an	68758
early learning agency's or early learning provider's participation	68759
in the early learning program ceases or is terminated.	68760

Section 269.40.60. AUXILIARY SERVICES REIMBURSEMENT

68761

Notwithstanding section 3317.064 of the Revised Code, if the	68762
unobligated cash balance is sufficient, the Treasurer of State	68763
shall transfer $1,500,000 in fiscal year 2008 within thirty days	68764
after the effective date of this section, and $1,500,000 in fiscal	68765
year 2009 by August 1, 2008, from the Auxiliary Services Personnel	68766
Unemployment Compensation Fund to the Department of Education's	68767
Auxiliary Services Reimbursement Fund (Fund 598).	68768

Section 269.40.70. LOTTERY PROFITS EDUCATION FUND

68769

Appropriation item 200-612, Foundation Funding (Fund 017),	68770
shall be used in conjunction with appropriation item 200-550,	68771
Foundation Funding (GRF), to provide payments to school districts	68772
under Chapter 3317. of the Revised Code.	68773

The Department of Education, with the approval of the	68774
Director of Budget and Management, shall determine the monthly	68775
distribution schedules of appropriation item 200-550, Foundation	68776
Funding (GRF), and appropriation item 200-612, Foundation Funding	68777
(Fund 017). If adjustments to the monthly distribution schedule	68778
are necessary, the Department of Education shall make such	68779
adjustments with the approval of the Director of Budget and	68780
Management.	68781

The Director of Budget and Management shall transfer via	68782
intrastate transfer voucher the amount appropriated under the	68783
Lottery Profits Education Fund for appropriation item 200-682,	68784
Lease Rental Payment Reimbursement, to the General Revenue Fund on	68785
a schedule determined by the director. These funds shall support	68786
the appropriation item 230-428, Lease Rental Payments (GRF), of	68787
the School Facilities Commission.	68788

Section 269.40.80. LOTTERY PROFITS EDUCATION RESERVE FUND

68789

(A) There is hereby created the Lottery Profits Education	68790
Reserve Fund (Fund 018) in the State Treasury. Investment earnings	68791
of the Lottery Profits Education Reserve Fund shall be credited to	68792
the fund. The Superintendent of Public Instruction may certify	68793
cash balances exceeding $75,000,000 in the Lottery Profits	68794
Education Reserve Fund (Fund 018) to the Director of Budget and	68795
Management in June of any given fiscal year. Prior to making the	68796
certification, the Superintendent of Public Instruction shall	68797
determine whether the funds above the $75,000,000 threshold are	68798
needed to help pay for foundation program obligations for that	68799
fiscal year under Chapter 3317. of the Revised Code. If those	68800
funds are needed for the foundation program, the Superintendent of	68801
Public Instruction shall notify and consult with the Director of	68802
Budget and Management to determine the amount that may be	68803
transferred to the Public School Building Fund (Fund 021). Upon	68804
this determination, the Director of Budget and Management shall	68805
transfer the amount from the Lottery Profits Education Reserve	68806
Fund (Fund 018) to the Public School Building Fund (Fund 021). The	68807
amount transferred is hereby appropriated to appropriation item	68808
CAP-622, Public School Buildings.	68809

For fiscal years 2008 and 2009, notwithstanding any	68810
provisions of law to the contrary, amounts necessary to make loans	68811
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	68812
Revised Code are hereby appropriated to the Lottery Profits	68813
Education Reserve Fund (Fund 018). Loan repayments from loans made	68814
in previous years shall be deposited to the fund.	68815

(B) On July 15, 2007, or as soon as possible thereafter, the	68816
Director of the Ohio Lottery Commission shall certify to the	68817
Director of Budget and Management the amount by which lottery	68818
profit transfers received by the Lottery Profits Education Fund	68819
(Fund 017) exceeded $637,900,000 in fiscal year 2007. The	68820
Director of Budget and Management shall transfer the amount so	68821
certified, plus the cash balance in Fund 017, to the General	68822
Revenue Fund to support appropriation item 200-550, Foundation	68823
Funding.	68824

(C) On July 15, 2008, or as soon as possible thereafter, the	68825
Director of the Ohio Lottery Commission shall certify to the	68826
Director of Budget and Management the amount by which lottery	68827
profit transfers received by the Lottery Profits Education Fund	68828
(Fund 017) exceeded $657,900,000 in fiscal year 2008. The Director	68829
of Budget and Management may transfer the amount so certified,	68830
plus the cash balance in Fund 017, to the Lottery Profits	68831
Education Reserve Fund (Fund 018) or to the General Revenue Fund	68832
to support appropriation item 200-550, Foundation Funding.	68833

(D) Any amounts transferred under division (B) or (C) of this	68834
section may be made available by the Controlling Board in fiscal	68835
years 2008 or 2009, at the request of the Superintendent of Public	68836
Instruction, to provide assistance and grants to school districts	68837
to enable them to remain solvent and to pay unforeseeable expenses	68838
of a temporary or emergency nature that they are unable to pay	68839
from existing resources under section 3316.20 of the Revised Code,	68840
and to provide payments to school districts under Chapter 3317. of	68841
the Revised Code.	68842

Section 269.40.90. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	68843
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 047)	68844

Notwithstanding any provision of law to the contrary, in	68845
fiscal year 2008 and fiscal year 2009 the Director of Budget and	68846
Management may make temporary transfers between the General	68847
Revenue Fund and the School District Property Tax Replacement –	68848
Business Fund (Fund 047) in the Department of Education to ensure	68849
sufficient balances in the School District Property Tax	68850
Replacement - Business Fund (Fund 047) and to replenish the	68851
General Revenue Fund for such transfers.	68852

Section 269.50.10. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	68853
BUSINESS	68854

The foregoing appropriation item, 200-909, School District	68855
Property Tax Replacement – Business, in Fund 047, shall be used by	68856
the Department of Education, in consultation with the Department	68857
of Taxation, to make payments to school districts and joint	68858
vocational school districts under section 5751.21 of the Revised	68859
Code. If it is determined by the Director of Budget and Management	68860
that additional appropriations are necessary for this purpose,	68861
such amounts are hereby appropriated.	68862

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

68863

The foregoing appropriation item 200-900, School District	68864
Property Tax Replacement-Utility, in Fund 053, shall be used by	68865
the Department of Education, in consultation with the Department	68866
of Taxation, to make payments to school districts and joint	68867
vocational school districts under section 5727.85 of the Revised	68868
Code.	68869

Section 269.50.30. EDUCATIONAL SERVICE CENTERS FUNDING

68870

(A) As used in this section:

68871

(1) "Internet- or computer-based community school" has the	68872
same meaning as in section 3314.02 of the Revised Code.	68873

(2) "Service center ADM" has the same meaning as in section	68874
3317.11 of the Revised Code.	68875

(B) Notwithstanding division (F) of section 3317.11 of the	68876
Revised Code, no funds shall be provided under that division to an	68877
educational service center in either fiscal year for any pupils of	68878
a city or exempted village school district unless an agreement to	68879
provide services under section 3313.843 of the Revised Code was	68880
entered into by January 1, 1997, except that funds shall be	68881
provided to an educational service center for any pupils of a city	68882
school district if the agreement to provide services was entered	68883
into within one year of the date upon which such district changed	68884
from a local school district to a city school district.	68885

(C) Notwithstanding any provision of the Revised Code to the	68886
contrary, an educational service center that sponsors a community	68887
school under Chapter 3314. of the Revised Code in either fiscal	68888
year may include the students of that community school in its	68889
service center ADM for purposes of state funding under division	68890
(F) of section 3317.11 of the Revised Code, unless the community	68891
school is an Internet- or computer-based community school. A	68892
service center shall include the community school students in its	68893
service center ADM only to the extent that the students are not	68894
already so included, and only in accordance with guidelines issued	68895
by the Department of Education. If the students of a community	68896
school sponsored by an educational service center are included in	68897
the service center ADM of another educational service center,	68898
those students shall be removed from the service center ADM of the	68899
other educational service center and added to the service center	68900
ADM of the community school's sponsoring service center. The	68901
General Assembly authorizes this procedure as an incentive for	68902
educational service centers to take over sponsorship of community	68903
schools from the State Board of Education as the State Board's	68904
sponsorship is phased out in accordance with Sub. H.B. 364 of the	68905
124th General Assembly. No student of an Internet- or	68906
computer-based community school shall be counted in the service	68907
center ADM of any educational service center. The Department shall	68908
pay educational service centers under division (F) of section	68909
3317.11 of the Revised Code for community school students included	68910
in their service center ADMs under this division only if	68911
sufficient funds earmarked within appropriation item 200-550,	68912
Foundation Funding, for payments under that division remain after	68913
first paying for students attributable to their local and client	68914
school districts, in accordance with divisions (B) and (D) of this	68915
section.	68916

(D) If insufficient funds are earmarked within appropriation	68917
item 200-550, Foundation Funding, for payments under division (F)	68918
of section 3317.11 of the Revised Code and division (C) of this	68919
section in fiscal year 2008 or fiscal year 2009, the Department	68920
shall prioritize the distribution of the earmarked funds as	68921
follows:	68922

(1) The Department shall first distribute to each educational	68923
service center the per-student amount specified in division (F) of	68924
section 3317.11 of the Revised Code for each student in its	68925
service center ADM attributable to the local school districts	68926
within the service center's territory.	68927

(2) The Department shall distribute the remaining funds in	68928
each fiscal year to each educational service center for the	68929
students in its service center ADM attributable to each city and	68930
exempted village school district that had entered into an	68931
agreement with an educational service center for that fiscal year	68932
under section 3313.843 of the Revised Code by January 1, 1997, up	68933
to the per-student amount specified in division (F) of section	68934
3317.11 of the Revised Code. If insufficient funds remain to pay	68935
each service center the full amount specified in division (F) of	68936
that section for each such student, the Department shall	68937
distribute the remaining funds to each service center	68938
proportionally, on a per-student basis for each such student,	68939
unless that proportional per-student amount exceeds the amount	68940
specified in division (F)(1) of that section. In that case, the	68941
Department shall distribute the per-student amount specified in	68942
division (F)(1) of that section to each service center for each	68943
such student and shall distribute the remainder proportionally, on	68944
a per-student basis for each such student, to the multi-county	68945
service centers described in division (F)(2) of that section.	68946

(3) If the Department has paid each service center under	68947
divisions (D)(1) and (2) of this section, the full amount	68948
specified in division (F) of section 3317.11 of the Revised Code	68949
for each student attributable to its local school districts and	68950
its client school districts described in division (D)(2) of this	68951
section the Department shall distribute any remaining funds	68952
proportionally, on a per-student basis, to each service center	68953
that sponsors a community school, other than an Internet- or	68954
computer-based community school, for the students included in the	68955
service center ADM under division (C) of this section. These	68956
payments shall not exceed per student the amount specified in	68957
division (F) of section 3317.11 of the Revised Code.	68958

* Section 269.50.40. For the school year commencing July 1,	68959
2007, or the school year commencing July 1, 2008, or both, the	68960
Superintendent of Public Instruction may waive for the board of	68961
education of any school district the ratio of teachers to pupils	68962
in kindergarten through fourth grade required under paragraph	68963
(A)(3) of rule 3301-35-05 of the Administrative Code if the	68964
following conditions apply:	68965

(A) The board of education requests the waiver.

68966

(B) After the Department of Education conducts an on-site	68967
evaluation of the district related to meeting the required ratio,	68968
the board of education demonstrates to the satisfaction of the	68969
Superintendent of Public Instruction that providing the facilities	68970
necessary to meet the required ratio during the district's regular	68971
school hours with pupils in attendance would impose an extreme	68972
hardship on the district.	68973

(C) The board of education provides assurances that are	68974
satisfactory to the Superintendent of Public Instruction that the	68975
board will act in good faith to meet the required ratio as soon as	68976
possible.	68977

Section 269.50.50. PRIVATE TREATMENT FACILITY PROJECT

68978

(A) As used in this section:

68979

(1) The following are "participating residential treatment	68980
centers":	68981

(a) Private residential treatment facilities that have	68982
entered into a contract with the Department of Youth Services to	68983
provide services to children placed at the facility by the	68984
Department and which, in fiscal year 2008 or fiscal year 2009 or	68985
both, the Department pays through appropriation item 470-401, Care	68986
and Custody;	68987

(b) Abraxas, in Shelby;

68988

68989

(d) Act One, in Akron;

68990

(e) Friars Club, in Cincinnati.

68991

(2) "Education program" means an elementary or secondary	68992
education program or a special education program and related	68993
services.	68994

(3) "Served child" means any child receiving an education	68995
program pursuant to division (B) of this section.	68996

(4) "School district responsible for tuition" means a city,	68997
exempted village, or local school district that, if tuition	68998
payment for a child by a school district is required under law	68999
that existed in fiscal year 1998, is the school district required	69000
to pay that tuition.	69001

(5) "Residential child" means a child who resides in a	69002
participating residential treatment center and who is receiving an	69003
educational program under division (B) of this section.	69004

(B) A youth who is a resident of the state and has been	69005
assigned by a juvenile court or other authorized agency to a	69006
residential treatment facility specified in division (A) of this	69007
section shall be enrolled in an approved educational program	69008
located in or near the facility. Approval of the educational	69009
program shall be contingent upon compliance with the criteria	69010
established for such programs by the Department of Education. The	69011
educational program shall be provided by a school district or	69012
educational service center, or by the residential facility itself.	69013
Maximum flexibility shall be given to the residential treatment	69014
facility to determine the provider. In the event that a voluntary	69015
agreement cannot be reached and the residential facility does not	69016
choose to provide the educational program, the educational service	69017
center in the county in which the facility is located shall	69018
provide the educational program at the treatment center to	69019
children under twenty-two years of age residing in the treatment	69020
center.	69021

(C) Any school district responsible for tuition for a	69022
residential child shall, notwithstanding any conflicting provision	69023
of the Revised Code regarding tuition payment, pay tuition for the	69024
child for fiscal year 2008 and fiscal year 2009 to the education	69025
program provider and in the amount specified in this division. If	69026
there is no school district responsible for tuition for a	69027
residential child and if the participating residential treatment	69028
center to which the child is assigned is located in the city,	69029
exempted village, or local school district that, if the child were	69030
not a resident of that treatment center, would be the school	69031
district where the child is entitled to attend school under	69032
sections 3313.64 and 3313.65 of the Revised Code, that school	69033
district, notwithstanding any conflicting provision of the Revised	69034
Code, shall pay tuition for the child for fiscal year 2008 and	69035
fiscal year 2009 under this division unless that school district	69036
is providing the educational program to the child under division	69037
(B) of this section.	69038

A tuition payment under this division shall be made to the	69039
school district, educational service center, or residential	69040
treatment facility providing the educational program to the child.	69041

The amount of tuition paid shall be:

69042

(1) The amount of tuition determined for the district under	69043
division (A) of section 3317.08 of the Revised Code;	69044

(2) In addition, for any student receiving special education	69045
pursuant to an individualized education program as defined in	69046
section 3323.01 of the Revised Code, a payment for excess costs.	69047
This payment shall equal the actual cost to the school district,	69048
educational service center, or residential treatment facility of	69049
providing special education and related services to the student	69050
pursuant to the student's individualized education program, minus	69051
the tuition paid for the child under division (C)(1) of this	69052
section.	69053

A school district paying tuition under this division shall	69054
not include the child for whom tuition is paid in the district's	69055
average daily membership certified under division (A) of section	69056
3317.03 of the Revised Code.	69057

(D) In each of fiscal years 2008 and 2009, the Department of	69058
Education shall reimburse, from appropriations made for the	69059
purpose, a school district, educational service center, or	69060
residential treatment facility, whichever is providing the	69061
service, that has demonstrated that it is in compliance with the	69062
funding criteria for each served child for whom a school district	69063
must pay tuition under division (C) of this section. The amount of	69064
the reimbursement shall be the formula amount specified in section	69065
3317.022 of the Revised Code, except that the department shall	69066
proportionately reduce this reimbursement if sufficient funds are	69067
not available to pay this amount to all qualified providers.	69068

(E) Funds provided to a school district, educational service	69069
center, or residential treatment facility under this section shall	69070
be used to supplement, not supplant, funds from other public	69071
sources for which the school district, service center, or	69072
residential treatment facility is entitled or eligible.	69073

(F) The Department of Education shall track the utilization	69074
of funds provided to school districts, educational service	69075
centers, and residential treatment facilities under this section	69076
and monitor the effect of the funding on the educational programs	69077
they provide in participating residential treatment facilities.	69078
The department shall monitor the programs for educational	69079
accountability.	69080

Section 269.50.60. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	69081
ASSESSMENT OF EDUCATION PROGRESS	69082

The General Assembly intends for the Superintendent of Public	69083
Instruction to provide for school district participation in the	69084
administration of the National Assessment of Education Progress in	69085
accordance with section 3301.27 of the Revised Code. Each school	69086
and school district selected for participation by the	69087
Superintendent of Public Instruction shall participate.	69088

Section 269.50.70. DEPARTMENT OF EDUCATION APPROPRIATION	69089
TRANSFERS FOR STUDENT ASSESSMENT	69090

In fiscal year 2008 and fiscal year 2009, if the	69091
Superintendent of Public Instruction determines that additional	69092
funds are needed to fully fund the requirements of Am. Sub. H.B. 3	69093
of the 125th General Assembly and this act for assessments of	69094
student performance, the Superintendent of Public Instruction may	69095
recommend the reallocation of unspent and unencumbered	69096
appropriations within the Department of Education to the General	69097
Revenue Fund appropriation item 200-437, Student Assessment, to	69098
the Director of Budget and Management. If the Director of Budget	69099
and Management determines that such a reallocation is required,	69100
the Director of Budget and Management may transfer unspent and	69101
unencumbered funds within the Department of Education as necessary	69102
to appropriation item 200-437, Student Assessment. If these	69103
unspent and unencumbered funds are not sufficient to fully fund	69104
the assessment requirements in fiscal year 2008 or fiscal year	69105
2009, the Superintendent of Public Instruction may request that	69106
the Controlling Board transfer up to $9,000,000 cash from the	69107
Lottery Profits Education Reserve Fund (Fund 018) to the General	69108
Revenue Fund and appropriate these transferred funds to	69109
appropriation item 200-437, Student Assessment.	69110

Section 269.50.80. (A) As used in this section:

69111

(1) "IEP" has the same meaning as in section 3323.01 of the	69112
Revised Code.	69113

(2) "SBH student" means a student receiving special education	69114
and related services for severe behavior disabilities pursuant to	69115
an IEP.	69116

(B) This section applies only to a community school	69117
established under Chapter 3314. of the Revised Code that in each	69118
of fiscal years 2008 and 2009 enrolls a number of SBH students	69119
equal to at least fifty per cent of the total number of students	69120
enrolled in the school in the applicable fiscal year.	69121

(C) In addition to any payments made under section 3314.08 of	69122
the Revised Code, in each of fiscal years 2008 and 2009, the	69123
Department of Education shall pay to a community school to which	69124
this section applies a subsidy equal to the difference between the	69125
aggregate amount calculated and paid in that fiscal year to the	69126
community school for special education and related services	69127
additional weighted costs for the SBH students enrolled in the	69128
school and the aggregate amount that would have been calculated	69129
for the school for special education and related services	69130
additional weighted costs for those same students in fiscal year	69131
2001. If the difference is a negative number, the amount of the	69132
subsidy shall be zero.	69133

(D) The amount of any subsidy paid to a community school	69134
under this section shall not be deducted from the school district	69135
in which any of the students enrolled in the community school are	69136
entitled to attend school under section 3313.64 or 3313.65 of the	69137
Revised Code. The amount of any subsidy paid to a community school	69138
under this section shall be paid from funds appropriated to the	69139
Department of Education in appropriation item 200-550, Foundation	69140
Funding.	69141

Section 269.50.90. EARMARK ACCOUNTABILITY

69142

At the request of the Superintendent of Public Instruction,	69143
any entity that receives a budget earmark under the Department of	69144
Education shall submit annually to the chairpersons of the	69145
committees of the House of Representatives and the Senate	69146
primarily concerned with education and to the Department of	69147
Education a report that includes a description of the services	69148
supported by the funds, a description of the results achieved by	69149
those services, an analysis of the effectiveness of the program,	69150
and an opinion as to the program's applicability to other school	69151
districts. For an earmarked entity that received state funds from	69152
an earmark in the prior fiscal year, no funds shall be provided by	69153
the Department of Education to an earmarked entity for a fiscal	69154
year until its report for the prior fiscal year has been	69155
submitted.	69156

Section 269.60.10. No community school established under	69157
Chapter 3314. of the Revised Code that was not open for operation	69158
as of May 1, 2005, shall operate from a home, as defined in	69159
section 3313.64 of the Revised Code.	69160

Section 269.60.30. PLAN TO MOVE ADULT EDUCATION PROGRAMS TO	69161
BOARD OF REGENTS	69162

The Board of Regents shall work collaboratively with the	69163
Department of Education to identify adult career-technical	69164
education programs that shall be transferred to the Board of	69165
Regents. The Chancellor of the Board of Regents shall work in	69166
consultation with the Department and the various identified	69167
programs to develop a plan by July 1, 2008, for the transfer that	69168
benefits adult learners by preserving points of access, increasing	69169
opportunities, maintaining affordability, and creating a system of	69170
uniform quality with the ability to earn credit. The transfer	69171
shall be completed by January 1, 2009. The purpose of this	69172
programmatic transfer is to better align and maximize the strength	69173
and flexibility of the full array of Ohio adult workforce	69174
education assets to improve the overall quality of adult education	69175
and training program course and training offerings in order to	69176
increase the skills and improve the employment prospects of	69177
adults.	69178

On or after January 1, 2009, notwithstanding any provision of	69179
law to the contrary, the Director of Budget and Management may	69180
take the actions described in this section made necessary by the	69181
movement of adult career-technical education programs from the	69182
Department of Education to the Board of Regents. These actions may	69183
include budget changes made necessary by administrative	69184
reorganization, program transfers, the creation of new funds, the	69185
creation of new appropriation items, and the consolidation of	69186
funds. The Director may transfer cash balances between funds as	69187
needed. At the request of the Director, the Superintendent of	69188
Public Instruction shall certify to the Director an estimate of	69189
the amount of the cash balance to be transferred to the receiving	69190
fund. The Director may transfer the estimated amount to the Board	69191
of Regents when needed to make payments. Not more than thirty days	69192
after certifying the estimated amount, the Superintendent of	69193
Public Instruction shall certify the final amount to the Director.	69194
The Director then shall transfer the difference between any amount	69195
previously transferred and the certified final amount. The	69196
Director may cancel encumbrances and re-establish encumbrances or	69197
parts of encumbrances as needed in the appropriate fund and	69198
appropriation item for the same purpose and to the same vendor.	69199
The funds necessary to re-establish those encumbrances in a	69200
different fund or appropriation item within or between the Board	69201
of Regents and the Department of Education are hereby	69202
appropriated. The Director shall reduce each year's appropriation	69203
balances by the amount of the encumbrances canceled in their	69204
respective funds and appropriation items. Any fiscal year 2008	69205
unencumbered or unallocated appropriation balances may be	69206
transferred to the appropriate item to be used for the same	69207
purposes, as determined by the Director.	69208

Section 269.60.33. The State Board of Education shall	69209
initiate rulemaking procedures for the rules for the Special	69210
Education Scholarship Pilot Program, required under section	69211
3310.63 of the Revised Code, as enacted by this act, so that those	69212
rules are in effect by January 31, 2008.	69213

Section 269.60.36. The Department of Education shall conduct	69214
a formative evaluation of the Special Education Scholarship Pilot	69215
Program established under sections 3310.51 to 3310.63 of the	69216
Revised Code, using both quantitative and qualitative analyses,	69217
and shall report its findings to the General Assembly not later	69218
than December 31, 2010. In conducting the evaluation, the	69219
Department shall to the extent possible gather comments from	69220
parents who have been awarded scholarships under the program,	69221
school district officials, representatives of registered private	69222
providers, educators, and representatives of educational	69223
organizations for inclusion in the report required under this	69224
section.	69225

Section 269.60.60. UNAUDITABLE COMMUNITY SCHOOL

69226

(A) If the Auditor of State or a public accountant, pursuant	69227
to section 117.41 of the Revised Code, declares a community school	69228
established under Chapter 3314. of the Revised Code to be	69229
unauditable, the Auditor of State shall provide written	69230
notification of that declaration to the school, the school's	69231
sponsor, and the Department of Education. The Auditor of State	69232
also shall post the notification on the Auditor of State's web	69233
site.	69234

(B) Notwithstanding any provision to the contrary in Chapter	69235
3314. of the Revised Code or any other provision of law, a sponsor	69236
of a community school that is notified by the Auditor of State	69237
under division (A) of this section that a community school it	69238
sponsors is unauditable shall not enter into contracts with any	69239
additional community schools under section 3314.03 of the Revised	69240
Code until the Auditor of State or a public accountant has	69241
completed a financial audit of that school.	69242

(C) Not later than forty-five days after receiving	69243
notification by the Auditor of State under division (A) of this	69244
section that a community school is unauditable, the sponsor of the	69245
school shall provide a written response to the Auditor of State.	69246
The response shall include the following:	69247

(1) An overview of the process the sponsor will use to review	69248
and understand the circumstances that led to the community school	69249
becoming unauditable;	69250

(2) A plan for providing the Auditor of State with the	69251
documentation necessary to complete an audit of the community	69252
school and for ensuring that all financial documents are available	69253
in the future;	69254

(3) The actions the sponsor will take to ensure that the plan	69255
described in division (C)(2) of this section is implemented.	69256

(D) If a community school fails to make reasonable efforts	69257
and continuing progress to bring its accounts, records, files, or	69258
reports into an auditable condition within ninety days after being	69259
declared unauditable, the Auditor of State, in addition to	69260
requesting legal action under sections 117.41 and 117.42 of the	69261
Revised Code, shall notify the Department of the school's failure.	69262
If the Auditor of State or a public accountant subsequently is	69263
able to complete a financial audit of the school, the Auditor of	69264
State shall notify the Department that the audit has been	69265
completed.	69266

(E) Notwithstanding any provision to the contrary in Chapter	69267
3314. of the Revised Code or any other provision of law, upon	69268
notification by the Auditor of State under division (D) of this	69269
section that a community school has failed to make reasonable	69270
efforts and continuing progress to bring its accounts, records,	69271
files, or reports into an auditable condition following a	69272
declaration that the school is unauditable, the Department shall	69273
immediately cease all payments to the school under Chapter 3314.	69274
of the Revised Code and any other provision of law. Upon	69275
subsequent notification from the Auditor of State under that	69276
division that the Auditor of State or a public accountant was able	69277
to complete a financial audit of the community school, the	69278
Department shall release all funds withheld from the school under	69279
this section.	69280

Section 269.60.70. Notwithstanding division (B) of section	69281
3317.01 of the Revised Code, no joint vocational school district	69282
shall be denied state payments for fiscal year 2008 because the	69283
school district's career center was open for instruction during	69284
fiscal year 2007 for fewer days than required by sections 3313.48,	69285
3313.481, and 3317.01 of the Revised Code, if the number of days	69286
the career center was closed in the 2006-2007 school year in	69287
excess of the number of days it is permitted to be closed for a	69288
public calamity under division (B) of section 3317.01 of the	69289
Revised Code does not exceed the number of days in May 2007 in	69290
which the district closed the career center due to fire damage and	69291
cancelled instruction to prepare alternate facilities for	69292
instruction.	69293

Section 269.60.80. Not later than October 31, 2007, each	69294
school district, community school established under Chapter 3314.	69295
of the Revised Code, and chartered nonpublic school shall report	69296
to the Department of Education, in a manner prescribed by the	69297
Department, the number of minutes per week and the number of	69298
classes per week of physical education provided to students in	69299
each of grades kindergarten through eight in the 2006-2007 school	69300
year and scheduled to be provided to students in each of those	69301
grades in the 2007-2008 school year.	69302

Section 269.60.90. If a school district erroneously reported	69303
data to the Education Management Information System established	69304
under section 3301.0714 of the Revised Code that showed a zero per	69305
cent graduation rate for the 2005-2006 school year for the	69306
district or any building in the district and the district notified	69307
the Department of Education of the error not later than June 30,	69308
2007, the Department shall allow the district to report a	69309
corrected graduation rate for that school year and shall include	69310
the corrected graduation rate on the August 2007 report card	69311
issued for the district and any affected building under section	69312
3302.03 of the Revised Code.	69313

Section 269.70.10. (A) Notwithstanding section 3313.41 of the	69314
Revised Code, a school district board of education may sell real	69315
property that it owns in its corporate capacity directly to a	69316
community action agency that operates an early childhood education	69317
program within the territory of the school district, in lieu of	69318
offering the property for sale at public auction as provided in	69319
division (A) of that section, in lieu of offering the property for	69320
sale to an entity listed in division (C) of that section, or in	69321
lieu of offering the property for sale to a community school as	69322
provided in division (G) of that section, as long as all of the	69323
following conditions are satisfied:	69324

(1) The district is a "local" school district as described in	69325
section 3311.03 of the Revised Code.	69326

(2) The district is a countywide school district in that the	69327
district comprises most of the territory of one county and most of	69328
the district's territory lies in one county.	69329

(3) The district is abandoning the property because it is	69330
acquiring new facilities through one or more state-assisted	69331
classroom facilities programs under Chapter 3318. of the Revised	69332
Code.	69333

(4) The property is suitable for use by the community action	69334
agency for its early childhood education program and for other	69335
operations of the agency.	69336

(5) The sale is completed on or before February 29, 2008.

69337

(B) As used in this section, "community action agency" has	69338
the same meaning as in section 122.66 of the Revised Code.	69339

Section 271.10. ELC OHIO ELECTIONS COMMISSION

69340

General Revenue Fund

69341

GRF	051-321		Operating Expenses		$	411,623		$	423,975		69342
TOTAL GRF General Revenue Fund					$	411,623		$	423,975		69343

General Services Fund Group

69344

4P2	051-601	Ohio Elections					69345
		Commission Fund	$	255,000	$	255,000	69346
TOTAL GSF General Services Fund Group			$	255,000	$	255,000	69347
TOTAL ALL BUDGET FUND GROUPS			$	666,623	$	678,975	69348

Section 273.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	69350
DIRECTORS	69351

General Services Fund Group

69352

4K9	881-609	Operating Expenses	$	628,641	$	646,602	69353
TOTAL GSF General Services							69354
Fund Group			$	628,641	$	646,602	69355
TOTAL ALL BUDGET FUND GROUPS			$	628,641	$	646,602	69356

Section 275.10. PAY EMPLOYEE BENEFITS FUNDS

69358

Accrued Leave Liability Fund Group

69359

806	995-666	Accrued Leave Fund	$	69,584,560	$	76,038,787	69360
807	995-667	Disability Fund	$	40,104,713	$	39,309,838	69361
TOTAL ALF Accrued Leave Liability							69362
Fund Group			$	109,689,273	$	115,348,625	69363

Agency Fund Group

69364

124	995-673	Payroll Deductions	$	2,125,000,000	$	2,175,000,000	69365
808	995-668	State Employee Health Benefit Fund	$	499,240,000	$	550,922,742	69366
809	995-669	Dependent Care Spending Account	$	2,969,635	$	2,969,635	69367
810	995-670	Life Insurance Investment Fund	$	2,113,589	$	2,229,834	69368
811	995-671	Parental Leave Benefit Fund	$	3,994,806	$	4,234,495	69369
813	995-672	Health Care Spending Account	$	12,000,000	$	12,000,000	69370
TOTAL AGY Agency Fund Group			$	2,645,318,030	$	2,747,356,706	69371

TOTAL ALL BUDGET FUND GROUPS

2,755,007,303

2,862,705,331

69372

ACCRUED LEAVE LIABILITY FUND

69373

The foregoing appropriation item 995-666, Accrued Leave Fund,	69374
shall be used to make payments from the Accrued Leave Liability	69375
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	69376
If it is determined by the Director of Budget and Management that	69377
additional amounts are necessary, the amounts are appropriated.	69378

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

69379

The foregoing appropriation item 995-667, Disability Fund,	69380
shall be used to make payments from the State Employee Disability	69381
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	69382
Revised Code. If it is determined by the Director of Budget and	69383
Management that additional amounts are necessary, the amounts are	69384
appropriated.	69385

PAYROLL WITHHOLDING FUND

69386

The foregoing appropriation item 995-673, Payroll Deductions,	69387
shall be used to make payments from the Payroll Withholding Fund	69388
(Fund 124). If it is determined by the Director of Budget and	69389
Management that additional appropriation amounts are necessary,	69390
such amounts are hereby appropriated.	69391

STATE EMPLOYEE HEALTH BENEFIT FUND

69392

The foregoing appropriation item 995-668, State Employee	69393
Health Benefit Fund, shall be used to make payments from the State	69394
Employee Health Benefit Fund (Fund 808), pursuant to section	69395
124.87 of the Revised Code. If it is determined by the Director of	69396
Budget and Management that additional amounts are necessary, the	69397
amounts are appropriated.	69398

DEPENDENT CARE SPENDING ACCOUNT

69399

The foregoing appropriation item 995-669, Dependent Care	69400
Spending Account, shall be used to make payments from the	69401
Dependent Care Spending Account (Fund 809) to employees eligible	69402
for dependent care expenses. If it is determined by the Director	69403
of Budget and Management that additional amounts are necessary,	69404
the amounts are appropriated.	69405

LIFE INSURANCE INVESTMENT FUND

69406

The foregoing appropriation item 995-670, Life Insurance	69407
Investment Fund, shall be used to make payments from the Life	69408
Insurance Investment Fund (Fund 810) for the costs and expenses of	69409
the state's life insurance benefit program pursuant to section	69410
125.212 of the Revised Code. If it is determined by the Director	69411
of Budget and Management that additional amounts are necessary,	69412
the amounts are appropriated.	69413

PARENTAL LEAVE BENEFIT FUND

69414

The foregoing appropriation item 995-671, Parental Leave	69415
Benefit Fund, shall be used to make payments from the Parental	69416
Leave Benefit Fund (Fund 811) to employees eligible for parental	69417
leave benefits pursuant to section 124.137 of the Revised Code. If	69418
it is determined by the Director of Budget and Management that	69419
additional amounts are necessary, the amounts are appropriated.	69420

HEALTH CARE SPENDING ACCOUNT

69421

There is hereby established in the State Treasury the Health	69422
Care Spending Account Fund (Fund 813). The foregoing appropriation	69423
item 995-672, Health Care Spending Account, shall be used to make	69424
payments from the fund. The fund shall be under the supervision of	69425
the Department of Administrative Services and shall be used to	69426
make payments pursuant to state employees' participation in a	69427
flexible spending account for non-reimbursed health care expenses	69428
and pursuant to Section 125 of the Internal Revenue Code. All	69429
income derived from the investment of the fund shall accrue to the	69430
fund. If it is determined by the Director of Administrative	69431
Services that additional appropriation amounts are necessary, the	69432
Director of Administrative Services may request that the Director	69433
of Budget and Management increase such amounts. Such amounts are	69434
hereby appropriated.	69435

At the request of the Director of Administrative Services,	69436
the Director of Budget and Management shall transfer up to	69437
$145,000 from the General Revenue Fund to the Health Care Spending	69438
Account Fund during fiscal years 2008 and 2009. This cash shall be	69439
transferred as needed to provide adequate cash flow for the Health	69440
Care Spending Account Fund during fiscal year 2008 and fiscal year	69441
2009. If funds are available at the end of fiscal years 2008 and	69442
2009, the Director of Budget and Management shall transfer cash up	69443
to the amount previously transferred in the respective year, plus	69444
interest income, back from the Health Care Spending Account (Fund	69445
813) to the General Revenue Fund.	69446

Section 277.10. ERB STATE EMPLOYMENT RELATIONS BOARD

69447

General Revenue Fund

69448

GRF	125-321		Operating Expenses		$	3,218,803		$	3,355,602		69449
TOTAL GRF General Revenue Fund					$	3,218,803		$	3,355,602		69450

General Services Fund Group

69451

572	125-603	Training and Publications	$	75,541	$	75,541	69452
TOTAL GSF General Services							69453
Fund Group			$	75,541	$	75,541	69454
TOTAL ALL BUDGET FUND GROUPS			$	3,294,344	$	3,431,143	69455

Section 279.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

69457

General Services Fund Group

69458

4K9	892-609	Operating Expenses	$	1,058,881	$	1,058,881	69459
TOTAL GSF General Services							69460
Fund Group			$	1,058,881	$	1,058,881	69461
TOTAL ALL BUDGET FUND GROUPS			$	1,058,881	$	1,058,881	69462

Section 281.10. EPA ENVIRONMENTAL PROTECTION AGENCY

69464

General Services Fund Group

69465

199	715-602	Laboratory Services	$	1,158,574	$	1,173,574	69466
219	715-604	Central Support Indirect	$	16,474,276	$	17,000,962	69467
4A1	715-640	Operating Expenses	$	3,369,731	$	3,369,731	69468
TOTAL GSF General Services							69469
Fund Group			$	21,002,581	$	21,544,267	69470

Federal Special Revenue Fund Group

69471

3BU	715-684	Water Quality Protection	$	6,515,000	$	6,310,000	69472
3F2	715-630	Revolving Loan Fund - Operating	$	563,536	$	775,600	69473
3F3	715-632	Federally Supported Cleanup and Response	$	2,550,000	$	2,550,000	69474
3F5	715-641	Nonpoint Source Pollution Management	$	7,550,000	$	7,595,000	69475
3K4	715-634	DOD Monitoring and Oversight	$	858,250	$	898,825	69476
3N4	715-657	DOE Monitoring and Oversight	$	1,071,678	$	1,110,270	69477
3T3	715-669	Drinking Water SRF	$	2,843,923	$	2,977,998	69478
3V7	715-606	Agencywide Grants	$	500,000	$	500,000	69479
353	715-612	Public Water Supply	$	3,388,619	$	3,388,618	69480
354	715-614	Hazardous Waste Management - Federal	$	4,203,891	$	4,203,891	69481
357	715-619	Air Pollution Control - Federal	$	6,823,949	$	6,823,950	69482
362	715-605	Underground Injection Control - Federal	$	111,874	$	111,874	69483
TOTAL FED Federal Special Revenue							69484
Fund Group			$	36,980,720	$	37,246,026	69485

State Special Revenue Fund Group

69486

4J0	715-638	Underground Injection Control	$	458,418	$	458,418	69487
4K2	715-648	Clean Air - Non Title V	$	3,690,821	$	4,066,558	69488
4K3	715-649	Solid Waste	$	13,932,845	$	14,282,845	69489
4K4	715-650	Surface Water Protection	$	12,685,000	$	13,815,000	69490
4K5	715-651	Drinking Water Protection	$	8,169,553	$	8,867,732	69491
4P5	715-654	Cozart Landfill	$	149,728	$	149,728	69492
4R5	715-656	Scrap Tire Management	$	6,000,000	$	6,000,000	69493
4R9	715-658	Voluntary Action Program	$	1,032,098	$	1,032,098	69494
4T3	715-659	Clean Air - Title V Permit Program	$	18,924,098	$	18,833,584	69495
4U7	715-660	Construction & Demolition Debris	$	881,561	$	881,561	69496
5BC	715-617	Clean Ohio	$	741,646	$	741,646	69497
5BC	715-622	Local Air Pollution Control	$	1,026,369	$	1,026,369	69498
5BC	715-624	Surface Water	$	8,797,413	$	8,797,413	69499
5BC	715-667	Groundwater	$	1,093,741	$	1,093,741	69500
5BC	715-672	Air Pollution Control	$	5,199,290	$	5,199,290	69501
5BC	715-673	Drinking Water	$	2,550,250	$	2,550,250	69502
5BC	715-675	Hazardous Waste	$	100,847	$	100,847	69503
5BC	715-676	Assistance and Prevention	$	700,302	$	700,302	69504
5BC	715-677	Laboratory	$	1,216,333	$	1,216,333	69505
5BC	715-678	Corrective Actions	$	1,179,775	$	1,179,775	69506
5BT	715-679	C&DD Groundwater Monitoring	$	571,560	$	693,267	69507
5BY	715-681	Auto Emissions Test	$	14,817,105	$	15,057,814	69508
5CD	715-682	Clean Diesel School Buses	$	600,000	$	600,000	69509
5DW	715-683	Automotive Mercury Switch Program	$	60,000	$	60,000	69510
5H4	715-664	Groundwater Support	$	2,503,933	$	2,715,340	69511
5N2	715-613	Dredge and Fill	$	30,000	$	30,000	69512
500	715-608	Immediate Removal Special Account	$	557,257	$	573,903	69513
503	715-621	Hazardous Waste Facility Management	$	11,711,473	$	12,200,240	69514
505	715-623	Hazardous Waste Cleanup	$	13,333,179	$	14,147,498	69515
505	715-674	Clean Ohio Environmental Review	$	109,725	$	109,725	69516
541	715-670	Site Specific Cleanup	$	34,650	$	34,650	69517
542	715-671	Risk Management Reporting	$	146,188	$	146,188	69518
592	715-627	Anti Tampering Settlement	$	9,707	$	9,707	69519
6A1	715-645	Environmental Education	$	1,500,000	$	1,500,000	69520
602	715-626	Motor Vehicle Inspection and Maintenance	$	157,697	$	128,876	69521
644	715-631	ER Radiological Safety	$	286,114	$	286,114	69522
660	715-629	Infectious Waste Management	$	100,000	$	100,000	69523
676	715-642	Water Pollution Control Loan Administration	$	4,964,625	$	4,964,625	69524
678	715-635	Air Toxic Release	$	210,622	$	210,622	69525
679	715-636	Emergency Planning	$	2,628,647	$	2,628,647	69526
696	715-643	Air Pollution Control Administration	$	750,000	$	750,000	69527
699	715-644	Water Pollution Control Administration	$	750,000	$	750,000	69528
TOTAL SSR State Special Revenue Fund Group			$	144,362,570	$	148,690,706	69529

Clean Ohio Conservation Fund Group

69530

5S1	715-607	Clean Ohio - Operating	$	208,174	$	208,174	69531
TOTAL CLF Clean Ohio Conservation Fund Group			$	208,174	$	208,174	69532
TOTAL ALL BUDGET FUND GROUPS			$	202,554,045	$	207,689,173	69533

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

69534

On July 1, 2007, or as soon as possible thereafter, if the	69535
Governor issues an executive order under division (A) of section	69536
3704.14 of the Revised Code, the Director of Budget and Management	69537
shall transfer $14,817,105 for use in fiscal year 2008 from the	69538
General Revenue Fund to the Auto Emissions Test Fund (Fund 5BY).	69539
On July 1, 2008, or as soon as possible thereafter, if the	69540
Governor issues a subsequent executive order under division (A) of	69541
section 3704.14 of the Revised Code, the Director of Budget and	69542
Management shall transfer $15,057,814 for use in fiscal year 2009	69543
from the General Revenue Fund to the Auto Emissions Test Fund	69544
(Fund 5BY).	69545

The Ohio Environmental Protection Agency (EPA) shall use the	69546
foregoing appropriation item 715-681, Auto Emissions Test, in the	69547
Auto Emissions Test Fund (Fund 5BY), for the operation, and Ohio	69548
EPA's costs for oversight, of the auto emissions testing program.	69549
For purposes of continuing testing beyond December 31, 2007, the	69550
Governor, annually and by executive order, may extend an existing	69551
contract with the contractor who is implementing the testing	69552
program pursuant to section 3704.14 of the Revised Code for a	69553
period of one year.	69554

The funds identified in this section shall not be used (1) to	69555
pay for the testing costs of any dealers to provide certificates	69556
for vehicles being purchased by individuals who reside in areas	69557
where the E-Check program is operated or (2) to pay for more than	69558
one passing or three total free tests for any vehicle in a	69559
three-hundred-sixty-five-day period. When state funds may not be	69560
used to pay for testing costs, the cost of testing and retesting	69561
paid by an individual or a business for any vehicle shall cover	69562
the cost of the test. Testing and other fees charged by the	69563
contractor shall be submitted to and approved by the Director of	69564
Environmental Protection.	69565

WATER QUALITY PROTECTION FUND

69566

On July 1, 2007, or as soon thereafter as possible, the	69567
Director of Environmental Protection shall certify to the Director	69568
of Budget and Management the cash balance in Fund 3F4, Water	69569
Quality Management. The Director of Budget and Management shall	69570
transfer the amount certified from Fund 3F4 to Fund 3BU, Water	69571
Quality Protection. Any existing encumbrances in appropriation	69572
item 715-633, Water Quality Management (Fund 3F4), shall be	69573
cancelled and re-established against appropriation item 715-684,	69574
Water Quality Protection (Fund 3BU). The amounts of the	69575
re-established encumbrances are hereby appropriated, and Fund 3F4	69576
is abolished.	69577

On July 1, 2007, or as soon thereafter as possible, the	69578
Director of Environmental Protection shall certify to the Director	69579
of Budget and Management the cash balance in Fund 3J1, Urban	69580
Stormwater. The Director of Budget and Management shall transfer	69581
the amount certified from Fund 3J1 to Fund 3BU, Water Quality	69582
Protection. Any existing encumbrances in appropriation item	69583
715-620, Urban Stormwater (Fund 3J1), shall be cancelled and	69584
re-established against appropriation item 715-684, Water Quality	69585
Protection (Fund 3BU). The amounts of the re-established	69586
encumbrances are hereby appropriated, and Fund 3J1 is abolished.	69587

On July 1, 2007, or as soon thereafter as possible, the	69588
Director of Environmental Protection shall certify to the Director	69589
of Budget and Management the cash balance in Fund 3J5, Maumee	69590
River. The Director of Budget and Management shall transfer the	69591
amount certified from Fund 3J5 to Fund 3BU, Water Quality	69592
Protection. Any existing encumbrances in appropriation item	69593
715-615, Maumee River (Fund 3J5), shall be cancelled and	69594
re-established against appropriation item 715-684, Water Quality	69595
Protection (Fund 3BU). The amounts of the re-established	69596
encumbrances are hereby appropriated, and Fund 3J5 is abolished.	69597

On July 1, 2007, or as soon thereafter as possible, the	69598
Director of Environmental Protection shall certify to the Director	69599
of Budget and Management the cash balance in Fund 3K2, Clean Water	69600
Act 106 (Fund 3K2). The Director of Budget and Management shall	69601
transfer the amount certified from Fund 3K2 to Fund 3BU, Water	69602
Quality Protection. Any existing encumbrances in appropriation	69603
item 715-628, Clean Water Act 106, shall be cancelled and	69604
re-established against appropriation item 715-684, Water Quality	69605
Protection (Fund 3BU). The amounts of the re-established	69606
encumbrances are hereby appropriated, and Fund 3K2 is abolished.	69607

On July 1, 2007, or as soon thereafter as possible, the	69608
Director of Environmental Protection shall certify to the Director	69609
of Budget and Management the cash balance in Fund 3K6, Remedial	69610
Action Plan. The Director of Budget and Management shall transfer	69611
the amount certified from Fund 3K6 to Fund 3BU, Water Quality	69612
Protection. Any existing encumbrances in appropriation item	69613
715-639, Remedial Action Plan (Fund 3K6), shall be cancelled and	69614
re-established against appropriation item 715-684, Water Quality	69615
Protection (Fund 3BU). The amounts of the re-established	69616
encumbrances are hereby appropriated, and Fund 3K6 is abolished.	69617

On July 1, 2007, or as soon thereafter as possible, the	69618
Director of Environmental Protection shall certify to the Director	69619
of Budget and Management the cash balance in Fund 352, Wastewater	69620
Pollution. The Director of Budget and Management shall transfer	69621
the amount certified from Fund 352 to Fund 3BU, Water Quality	69622
Protection. Any existing encumbrances in appropriation item	69623
715-611, Wastewater Pollution (Fund 352), shall be cancelled and	69624
re-established against appropriation item 715-684, Water Quality	69625
Protection (Fund 3BU). The amounts of the re-established	69626
encumbrances are hereby appropriated, and Fund 352 is abolished.	69627

On July 1, 2007, or as soon thereafter as possible, the	69628
Director of Environmental Protection shall certify to the Director	69629
of Budget and Management the cash balance in Fund 358, 205-J	69630
Federal Planning. The Director of Budget and Management shall	69631
transfer the amount certified from Fund 358 to Fund 3BU, Water	69632
Quality Protection. Any existing encumbrances in appropriation	69633
item 715-625, 205-J Federal Planning (Fund 358), shall be	69634
cancelled and re-established against appropriation item 715-684,	69635
Water Quality Protection (Fund 3BU). The amounts of the	69636
re-established encumbrances are hereby appropriated, and Fund 358	69637
is abolished.	69638

AREAWIDE PLANNING AGENCIES

69639

The Director of the Environmental Protection Agency shall use	69640
the foregoing appropriation item 715-624, Surface Water, to	69641
contract with areawide planning agencies in an amount not to	69642
exceed $75,000 per agency per fiscal year for areawide water	69643
quality management and planning activities in accordance with	69644
Section 208 of the Federal Clean Water Act, 33 U.S.C. 1288.	69645

CASH TRANSFER FOR AUTOMOTIVE MERCURY SWITCH PROGRAM

69646

Upon the request of the Director of Environmental Protection,	69647
the Director of Budget and Management shall transfer up to $60,000	69648
in cash from the Environmental Protection Fund (Fund 5BC) to the	69649
Automotive Mercury Switch Program Fund (Fund 5DW), in each year of	69650
the fiscal years 2008-2009 biennium.	69651

Section 283.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

69652

General Revenue Fund

69653

GRF	172-321	Operating Expenses	$	483,859	$	487,000	69654
TOTAL GRF General Revenue Fund			$	483,859	$	487,000	69655
TOTAL ALL BUDGET FUND GROUPS			$	483,859	$	487,000	69656

Section 285.10. ETC ETECH OHIO

69658

General Revenue Fund

69659

GRF	935-321	Operations	$	6,830,918	$	6,830,921	69660
GRF	935-401	Statehouse News Bureau	$	244,400	$	244,400	69661
GRF	935-402	Ohio Government Telecommunications Services	$	716,417	$	716,417	69662
GRF	935-403	Technical Operations	$	3,633,390	$	3,633,389	69663
GRF	935-404	Telecommunications Operating Subsidy	$	3,632,413	$	3,632,413	69664
GRF	935-406	Technical and Instructional Professional Development	$	7,285,351	$	7,272,351	69665
GRF	935-539	Educational Technology	$	4,139,551	$	4,139,551	69666
TOTAL GRF General Revenue Fund			$	26,482,440	$	26,469,442	69667

General Services Fund Group

69668

4F3	935-603	Affiliate Services	$	1,000,000	$	1,000,000	69669
4T2	935-605	Government Television/Telecommunications Operating	$	25,000	$	25,000	69670
5D4	935-640	Conference/Special Purposes	$	1,821,817	$	1,821,817	69671
TOTAL GSF General Services Fund Group			$	2,846,817	$	2,846,817	69672

Federal Special Revenue Fund Group

69673

3S3	935-606		Enhancing Education Technology		$	589,363		$	589,363		69674
TOTAL FED Federal Special Revenue Fund Group					$	589,363		$	589,363		69675

State Special Revenue Fund Group

69676

4W9	935-630	Telecommunity	$	25,000	$	25,000	69677
4X1	935-634	Distance Learning	$	50,000	$	50,000	69678
5T3	935-607	Gates Foundation Grants	$	200,000	$	200,000	69679
TOTAL SSR State Special Revenue Fund Group			$	275,000	$	275,000	69680
TOTAL ALL BUDGET FUND GROUPS			$	30,193,620	$	30,180,622	69681

Section 285.30. TELECOMMUNICATIONS

69683

STATEHOUSE NEWS BUREAU

69684

The foregoing appropriation item 935-401, Statehouse News	69685
Bureau, shall be used solely to support the operations of the Ohio	69686
Statehouse News Bureau.	69687

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

69688

The foregoing appropriation item 935-402, Ohio Government	69689
Telecommunications Services, shall be used solely to support the	69690
operations of Ohio Government Telecommunications Services.	69691

TECHNICAL OPERATIONS

69692

Of the foregoing appropriation item 935-403, Technical	69693
Operations, up to $36,000 in each fiscal year shall be used to pay	69694
the one hundred fifty dollar monthly per-antenna collocation fee	69695
that applies to public agencies with antennae on towers managed by	69696
OIT for the Multi-Agency Radio Communications System (MARCS), as	69697
outlined in policies and procedures adopted by the MARCS Steering	69698
Committee. The total amount of these fees paid by eTech Ohio on	69699
behalf of its public television and radio station affiliates with	69700
antennae on the eighteen towers transferred from eTech Ohio to OIT	69701
shall be subject to any offsetting reductions negotiated by eTech	69702
Ohio or its affiliates to account for MARCS use of these or other	69703
affiliate towers. Any portion of the annual amount hereby	69704
designated that is not disbursed or encumbered for this purpose	69705
shall lapse at the end of the respective fiscal year.	69706

The remainder of appropriation item 935-403, Technical	69707
Operations, shall be used by eTech Ohio to pay expenses of eTech	69708
Ohio's network infrastructure, which includes the television and	69709
radio transmission infrastructure and infrastructure that shall	69710
link all public K-12 classrooms to each other and the Internet,	69711
and provide access to voice, video, and data educational resources	69712
for students and teachers.	69713

TELECOMMUNICATIONS OPERATING SUBSIDY

69714

Of the foregoing appropriation item 935-404,	69715
Telecommunications Operating Subsidy, $45,000 in each fiscal year	69716
shall be used to contract for dial-up newspaper reading services	69717
for the blind and physically handicapped. The contract shall be	69718
awarded subject to Controlling Board approval, through a	69719
competitive bidding process.	69720

The remainder of appropriation item 935-404,	69721
Telecommunications Operating Subsidy, shall be distributed by	69722
eTech Ohio to Ohio's qualified public educational television	69723
stations, radio reading services, and educational radio stations	69724
to support their operations. The funds shall be distributed	69725
pursuant to an allocation formula used by the Ohio Educational	69726
Telecommunications Network Commission unless and until a	69727
substitute formula is developed by eTech Ohio in consultation with	69728
Ohio's qualified public educational television stations, radio	69729
reading services, and educational radio stations.	69730

Section 285.40. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL	69731
DEVELOPMENT	69732

The foregoing appropriation item 935-406, Technical and	69733
Instructional Professional Development, shall be used by eTech	69734
Ohio to make grants or provide services to qualifying public	69735
schools, including the State School for the Blind, the State	69736
School for the Deaf, and the Department of Youth Services, for the	69737
provision of hardware, software, telecommunications services, and	69738
staff development to support educational uses of technology in the	69739
classroom.	69740

Of the foregoing appropriation item 935-406, Technical and	69741
Instructional Professional Development, up to $1,000,000 in each	69742
fiscal year shall be used to implement and support the Ohio	69743
Students Choosing On-line Resources for Educational Success (Ohio	69744
SCORES) initiative that increases the educational options	69745
available to students in mathematics, advanced laboratory-based	69746
science, and foreign language. eTech Ohio shall work	69747
collaboratively with the Department of Education and the Board of	69748
Regents on this initiative.	69749

Of the foregoing appropriation item 935-406, Technical and	69750
Instructional Professional Development, up to $200,000 in each	69751
fiscal year shall be used by eTech Ohio to provide competitive	69752
professional development grants to school districts. Grant	69753
proposals shall focus on developing innovative programs that	69754
enhance the abilities of teachers to use innovative methods for	69755
integrating technology to implement state academic content	69756
standards in classroom lessons. Grant requirements and awards	69757
shall be approved by eTech Ohio, with priority given to school	69758
districts designated in academic emergency, academic watch, or	69759
continuous improvement. eTech Ohio shall develop a web site to	69760
share information learned through these programs with school	69761
districts statewide. The web site shall be linked with the Ohio	69762
Department of Education's Instructional Management System.	69763

Of the foregoing appropriation item 935-406, Technical and	69764
Instructional Professional Development, up to $1,260,000 in each	69765
fiscal year shall be allocated equally among the 12 Ohio	69766
educational television stations and used with the advice and	69767
approval of eTech Ohio. Funds shall be used for the production of	69768
interactive instructional programming series with priority given	69769
to resources aligned with state academic content standards in	69770
consultation with the Ohio Department of Education and for	69771
teleconferences to support eTech Ohio. The programming shall be	69772
targeted to the needs of the poorest two hundred school districts	69773
as determined by the district's adjusted valuation per pupil as	69774
defined in former section 3317.0213 of the Revised Code as that	69775
section existed prior to June 30, 2005.	69776

The remainder of appropriation item 935-406, Technical and	69777
Instructional Professional Development, shall be used by eTech	69778
Ohio for professional development for teachers and administrators	69779
for the use of educational technology. eTech Ohio may make grants	69780
to provide technical assistance and professional development on	69781
the use of educational technology to school districts.	69782

Eligible recipients of grants include regional training	69783
centers, educational service centers, information technology	69784
centers, educational technology centers, institutions of higher	69785
education, public television stations, special education resource	69786
centers, area media centers, or other nonprofit educational	69787
organizations. In addition, services provided through these grants	69788
may include use of private entities subcontracting through the	69789
grant recipient.	69790

Grants shall be made to entities on a contractual basis with	69791
eTech Ohio. Contracts shall include provisions that demonstrate	69792
how services will benefit technology use in the public schools,	69793
and in particular how services will support eTech Ohio's efforts	69794
to integrate technology in the public schools. Contracts shall	69795
specify the scope of assistance being offered and the potential	69796
number of professionals who will be served. Contracting entities	69797
may be awarded more than one grant at a time. Grants shall be	69798
awarded in a manner consistent with the goals and priorities of	69799
eTech Ohio. Special emphasis in the award of grants shall be	69800
placed on collaborative efforts among service providers.	69801

Application for grants from appropriation item 935-406,	69802
Technical and Instructional Professional Development, shall be	69803
consistent with a school district's technology plan that shall	69804
meet the minimum specifications for school district technology	69805
plans as prescribed by eTech Ohio. Funds allocated through these	69806
grants may be combined with funds received through other state or	69807
federal grants for technology so long as the school district's	69808
technology plan specifies the use of these funds.	69809

Section 285.50. EDUCATIONAL TECHNOLOGY

69810

The foregoing appropriation item 935-539, Educational	69811
Technology, shall be used to provide funding to suppliers of	69812
information services to school districts for the provision of	69813
hardware, software, and staff development in support of	69814
educational uses of technology in the classroom as prescribed by	69815
the State Plan for Technology pursuant to section 3301.07 of the	69816
Revised Code, and to support assistive technology for children and	69817
youth with disabilities.	69818

Of the foregoing appropriation item 935-539, Education	69819
Technology, up to $4,139,551 in each fiscal year shall be used by	69820
eTech Ohio to contract with educational television to provide Ohio	69821
public schools with instructional resources and services with	69822
priority given to resources and services aligned with state	69823
academic content standards and such resources and services shall	69824
be based upon the advice and approval of eTech Ohio, based on a	69825
formula used by the Ohio SchoolNet Commission unless and until a	69826
substitute formula is developed by eTech Ohio in consultation with	69827
Ohio's educational technology agencies and noncommercial	69828
educational television stations.	69829

Resources may include, but not be limited to, the following:	69830
prerecorded video materials (including videotape, laser discs, and	69831
CD-ROM discs); computer software for student use or student access	69832
to electronic communication, databases, spreadsheet, and word	69833
processing capability; live student courses or courses delivered	69834
electronically; automated media systems; and instructional and	69835
professional development materials for teachers. eTech Ohio shall	69836
collaborate with public television stations and cooperate with	69837
education technology agencies in the acquisition, development, and	69838
delivery of these educational resources to ensure high-quality and	69839
educational soundness at the lowest possible cost. Delivery of	69840
these resources may utilize a variety of technologies.	69841

Services shall include presentations and technical assistance	69842
that will help students and teachers integrate educational	69843
materials that support curriculum objectives, match specific	69844
learning styles, and are appropriate for individual interests and	69845
ability levels.	69846

The instructional resources and services shall be made	69847
available for purchase by chartered nonpublic schools or by school	69848
districts for the benefit of pupils attending chartered nonpublic	69849
schools.	69850

eTech Ohio shall monitor the developments of technology,	69851
coordinate with the Office of Information Technology, and assure	69852
the most effective and highest quality operation of eTech Ohio	69853
networks. All efforts may be aligned with the State's ongoing	69854
efforts to coordinate appropriate network operations through the	69855
Office of Information Technology and through the Third Frontier	69856
Network.	69857

Section 285.55. (A) The Governor is hereby authorized to	69858
execute deeds or leases in the name of the state, granting or	69859
leasing all of the state's right, title, and interest in eighteen	69860
parcels on which stand eTech Ohio towers, the parcels being	69861
particularly described as follows:	69862

Akron/Nimisila

69863

Situated in the Township of Green, County of Summit, State of Ohio	69864
being part of the Southwest Quarter Section Eighteen (18) of	69865
Township Twelve North (T-12-N), Range Nine West (R-9-W), more	69866
particularly bounded and described as follows:	69867

Commencing at the Point of Intersection of the centerline of South	69868
Main Street (County Highway 50) with the centerline of Caston Road	69869
(County Highway 224); thence South 49 07' 20" East along and with	69870
the centerline of said Caston Road a distance of 394.15 feet to an	69871
iron pin; thence continuing South 49 07' 20" East a distance of	69872
300 feet to an iron pin at a PI of the centerline of said Caston	69873
Road; thence South 38 05' 26" East a distance of 138.82 feet to an	69874
iron pin at the True Place of Beginning of the parcel of land	69875
hereinafter described:	69876

Thence, South 50° 22' 26" East a distance of 50 feet to an	69877
iron pin;	69878

Thence, South 9° 37' 34" West a distance of 591.62 feet to an	69879
iron pin;	69880

Thence, South 69° 37' 34" West a distance of 50 feet to an	69881
iron pin;	69882

Thence, North 49° 22' 19" West a distance of 558.17 feet to	69883
an iron pin;	69884

Thence, North 9° 37' 34" East a distance of 50 feet to an	69885
iron pin;	69886

Thence, North 67° 37' 34" East a distance of 558.17 feet to	69887
the True Place of Beginning, containing 4.38 acres, to be the same	69888
more or less, according to survey by Justin A Seiler, Registered	69889
Surveyor #4421, on March 20, 1974, but subject to all legal	69890
highways.	69891

Butler

69892

County of Richland in the State of Ohio, and bounded and described	69893
as follows: Situated in the Township of Jefferson, County of	69894
Richland, State of Ohio and being a part of the Southeast Quarter	69895
of the Southeast Quarter Section Twenty-three (23) of Township	69896
Nineteen (19), Range Eighteen (18), more particularly bounded and	69897
described as follows:	69898

Commencing at the Southeast Corner of said Southeast Quarter	69899
Section 23; thence Northerly along and with the East Line of said	69900
Quarter a distance of 80 Rods to the Northeast corner of said	69901
Southeast Quarter of the Southeast Quarter Section 23; thence	69902
Westerly parallel with the South Line of said Quarter a distance	69903
of 202.5 feet to the True Place of Beginning;	69904

THENCE, continuing Westerly parallel with said South Line a	69905
distance of 688 feet to an iron pin;	69906

THENCE, Southerly with an interior angle of 90° a distance of 763	69907
feet to an iron pin;	69908

THENCE, Easterly with an interior angle of 90° a distance of 688	69909
feet to an iron pin;	69910

THENCE, Northerly with an interior angle of 90° a distance of 763	69911
feet to the True Place of Beginning, containing 12.05 acres, be	69912
the same more or less, according to survey by Justin A. Seiler,	69913
Registered Surveyor #4421, on March 12, 1974.	69914

Carey

69915

Being a tract of land in Section 28, Range 13E, Township 15,	69916
Crawford Township, Wyandot County, State of Ohio which is further	69917
described as follows:	69918

Beginning at a point on the north line of Section 28 which line is	69919
also the center line of Count road 25 (also known as Tyson Road)	69920
which point is South 89° 53' 11" East long the said north line of	69921
Section 28, a distance of two hundred sixty-one and ninety	69922
hundredths (261.90) feet from the northwest corner of said Section	69923
28 said corner also being the intersection of the center line of	69924
County Road 97 and said County Road 25;	69925

Thence, along the said north line of Section 28 North 89° 53' 30"	69926
East, a distance of four hundred thirty-one and seventy-one	69927
hundredths (431.71) feet to a point;	69928

Thence, South 3° 42' 00" West, a distance of twenty and four	69929
hundredths (20.04) feet to a concrete monument;	69930

Thence, continuing South 3° 42' 00" West, a distance of seven	69931
hundred sixty-nine and fifty-four hundredths (769.54) feet to a	69932
concrete monument;	69933

Thence, North 62° 09' 49" West, a distance of five hundred	69934
ninety-five and four hundredths (595.04) feet to a concrete	69935
monument;	69936

Thence, North 4° 53' 19" West, a distance of four hundred	69937
thirty-six and seventy-five hundredths (436.75) feet to a concrete	69938
monument;	69939

Thence, North 73° 29' 57" East, a distance of one hundred ninety	69940
and fifty-four hundredths (190.54) feet to a concrete monument;	69941

Thence, North 0° 06' 30" West, a distance of twenty and no	69942
hundredths (20.00) feet to the point of beginning.	69943

Carmel Church

69944

Township of Bloomfield, in the County of Jackson, and State of	69945
Ohio.	69946

Being a tract of land in the Southeast Quarter of Section 35 in	69947
Range 17W, Township 8N, Bloomfield Township, Jackson County, Ohio	69948
which is further described as follows:	69949

Beginning at a point in the center line of Township Road 144 which	69950
point is located by the following two (2) courses from the	69951
northwest corner of the said Southeast Quarter of Section 35;	69952

(1) South 4° 24 feet West along the west line of the said	69953
Southeast Quarter of Section 35, a distance of one hundred	69954
thirty-one and four tenths (131.4) feet to a point in the said	69955
center line of Township Road 144;	69956

(2) South 65° 11 feet East along the said center line of	69957
Township Road 144, a distance of five hundred eighty-five and no	69958
hundredths (585.00) feet to said beginning point;	69959

Thence, South 4° 24 feet West, a distance of thirty-two and one	69960
hundredth (32.01) feet to a concrete monument;	69961

thence, continuing South 4° 24 feet West, a distance of six	69962
hundred forty-two and forty hundredths (642.40) feet to a concrete	69963
monument;	69964

thence, continuing South 4° 24 feet West, a distance of thirty-two	69965
and two hundredths (32.02) feet to a point in the County Road 46;	69966

thence, North 73° 56 feet East being in County Road 46, a distance	69967
of one thousand eleven and forty-nine hundredths (1,011.49) feet	69968
to a point in the aforementioned center line of Township Road 144;	69969

thence, North 65° 11 feet West along the said center line of	69970
County Road 144, a distance of one thousand eleven and seventeen	69971
hundredths (1,011.17) feet to the point of the beginning.	69972

This tract contains seven and six hundred eight-two thousandths	69973
(7.682) acres, more or less.	69974

Celina

69975

TRACT ONE

69976

Being a parcel of land situated in Jefferson Township, Mercer	69977
County, Ohio in the northeast quarter of the northeast quarter of	69978
Section 4, Township 6 South, Range 3 East. Being more particularly	69979
described as follows:	69980

Commencing for reference at a 5/8 inch iron bar at the northeast	69981
corner of said section 4	69982

Thence, south 00° 50' 10" west, along the east line of said	69983
section 4 and the centerline of Dibble Road, a distance of thirty	69984
(30.00) feet to the south line of the Norfolk and Western Railroad	69985
Right-of Way. Said point being the place of beginning for the	69986
parcel to be described herein	69987

Thence, continuing south 00° 50' 10" west along the last described	69988
line, a distance of two hundred thirty-eight and 50/100 (238.50)	69989
feet to a point	69990

Thence, north 89° 05' 33" west, a distance of two hundred	69991
sixty-seven and 91/100 (267.91) feet to a point	69992

Thence, north 00° 50' 10" east, a distance of two hundred	69993
thirty-eight and 51/100 (238.50) feet to the south line of the	69994
aforementioned Norfolk the Western Railroad right-of-way	69995

Thence, south 89° 05' 33" east, along said south right-of-way, a	69996
distance of two hundred sixty-seven and 91/100 (267.91) feet to	69997
the place of beginning	69998

Containing 1.467 acres of land more or less.

69999

TRACT TWO

70000

Being a parcel of land situated in Jefferson Township, Mercer	70001
County, Ohio in the northwest quarter of the northeast quarter of	70002
Section 3, Township 6 South, Range 3 East. Being more particularly	70003
described as follows:	70004

Commencing for reference at a 5/8 inch iron bar at the northwest	70005
corner of said section 3	70006

Thence, south 00° 50' 10" west, along the east line of said	70007
section 3 and the centerline of Dibble Road, a distance of fifty	70008
(50.00) feet to the south line of the Norfolk and Western Railroad	70009
Right-of-Way. Said point being the place of beginning for the	70010
parcel to be described herein	70011

Thence, continuing south 00° 50' 10" west along the last described	70012
line, a distance of Five Hundred eighty-two and 50/100 (582.50)	70013
feet to a point	70014

Thence, north 89° 05' 33" east, a distance of three hundred	70015
sixty-seven and 91/100 (367.91) feet to a point	70016

Thence, north 00° 50' 10" east, a distance of five hundred	70017
eighty-two and 50/100 (582.50) feet to the south line of the	70018
aforementioned Norfolk and Western Railroad right-of-way	70019

Thence, north 89° 05' 33" west, along said south right-of-way, a	70020
distance of three hundred sixty-seven and 91/100 (367.91) feet to	70021
the place of beginning	70022

Containing 4.920 acres of land more or less.

70023

College Corner/Oxford

70024

Situate in the State of Ohio, Butler County, Oxford Township,	70025
being a part of Section 5, Range 1 East, Township 5 North,	70026
Congress Lands West of the Miami, also being a parcel out of those	70027
lands conveyed to Miami University by Deed of Record in Deed Book	70028
965, Page 42, Recorder's Office, Butler County, Ohio and being a	70029
lease for a radio broadcasting antenna tower and the necessary guy	70030
and anchor structures, more particularly described as follows:	70031

Beginning for reference at the northwest corner of Section 5,	70032
Range 1 East, Township 5 North, Congress Lands West of the Miami,	70033
said point also being at the intersection of Jones Road and Taylor	70034
Road and in the Preble-Butler County Line; thence leaving said	70035
County Line, said Jones road and with the centerline of said	70036
Taylor Road and the west line of said Section 5, South 00° 05'	70037
West 3619.2 feet to a point, said point being the northwesterly	70038
corner of the 14.01 acre tract as conveyed in said Deed Book 695,	70039
Page 42,; thence leaving the centerline of said Taylor Road and	70040
the west line of said Section 5 and with a northerly line of said	70041
14.01 acre parcel South 89 degrees 55' East 356.8 feet to a point;	70042
thence leaving the northerly line of said 14.01 acre parcel and	70043
crossing said 14.01 acre parcel South 00° 05' West 40.00 feet to a	70044
point; thence continuing across said 14.01 acre parcel North 87°	70045
53' East 386.5 feet to the center of an existing antenna tower and	70046
the True Point of Beginning of the herein described leases, said	70047
tower also having geographic coordinates of North Latitude 39° 31'	70048
37" and West Longitude 84° 47' 36".	70049

Parcel A: Being a circular area of fifty (50.00) foot radius	70050
centered on the aforedescribed antenna tower and containing 7854	70051
square feet, more or less.	70052

Parcel B: Beginning at a point which bears North 27° 53' East, a	70053
distance of fifty (50.00) feet from the aforedescribed antenna	70054
tower and at a point on the circumference of the aforedescribed	70055
circle; thence with the centerline of a twenty (20.00) foot wide	70056
easement, being ten (10.00) feet on each side of said centerline	70057

North 27° 53' East 300.00 feet to the terminus of said Lease B and	70058
containing 6006.7 square feet, more or less.	70059

Parcel C: Beginning at a point which bears South 32° 07' East a	70060
distance of fifty (50.00) feet from the aforedescribed antenna	70061
tower and at a point on the circumference of the aforedescribed	70062
circle; thence with the centerline of a twenty (20.00) foot wide	70063
easement, being ten (10.00) feet on each side of said centerline	70064

South 32° 07' East 293.00 feet to the terminus of said Lease C and	70065
containing 5866.7 square feet, more or less	70066

Parcel D: Beginning at a point which bears South 87° 53' West a	70067
distance of fifty (50.00) feet from the aforedescribed antenna	70068
tower and at a point on the circumference of the aforedescribed	70069
circle; thence with the centerline of a twenty (20.00) foot wide	70070
easement, being ten (10.00) feet on each side of said centerline	70071

South 87° 53' West 300.00 feet to the terminus of said Lease D and	70072
containing 6006.7 square feet, more or less.	70073

The aforedescribed four lease parcels containing a total of	70074
25734.1 square feet or 0.591 acres, more or less	70075

Ashtabula

70076

Located in Sheffield Township, Ashtabula County, State of Ohio and	70077
being part of Lot 2, Township 12, Range 2 and more particularly	70078
described as follows:	70079

Beginning at the intersection of the centerline of Plymouth Ridge	70080
Road and the centerline of Wright Street said intersection also	70081
being the Southwest corner of Steven Raydek property;	70082

Thence North along the said centerline of Wright Street a distance	70083
of 1,782.0 feet to a point;	70084

Thence Easterly with an interior angle of 90° 00 minutes along the	70085
Westerly projection of the East guy line a distance of 180.0 feet	70086
to the center of the tower.	70087

Fairborn/Wright State

70088

Being a tract of land situated on Wright State University campus,	70089
City of Fairborn, Green County, State of Ohio, and being bounded	70090
and more particularly described as follows:	70091

Beginning at a point being at P.K. nail located in the centerline	70092
of Colonel Glenn Highway, and the point being referred to as	70093
station 104+00; thence North (13°-17'-57") East a distance of	70094
1933.55 feet to an iron pin being the true point of beginning;	70095
thence North (44°-08'-37") West a distance of 49.04 feet to an	70096
iron pin; thence North (45°-51'23") East a distance of 70.95 feet	70097
to an iron pin; thence South (44°-08'-37") a distance of 49.04	70098
feet to an iron pin; thence South (45°-51'-23") West a distance of	70099
70.95 feet to an iron pin being the true point of beginning	70100
containing 0.080 acres more or less subject however to all	70101
easements of record.	70102

Lancaster

70103

Situated in the state of Ohio, County of Fairfield, Township of	70104
Hocking and further described as follows:	70105

Being a site 100' in length, east and west, by 50' in width, north	70106
and south, within which area a base for a broadcasting tower, a	70107
generator pad and a tank foundation are to be constructed, said	70108
tower to be located approximately 184 feet north of the southwest	70109
corner of building No. 2.004 and approximately 132 feet east of	70110
the fence along the easterly side of Jackson Road, also, together	70111
with existing guy wires and an access road running from Jackson	70112
Road, thence due east to the west line of the above described	70113
site.	70114

London

70115

Roberts Mill Road on certain lands belonging to the State of Ohio,	70116
known as London Prison Farm.	70117

Loudonville

70118

Located in Washington Township, Holmes County, State of Ohio and	70119
in the East Half of the northwest Quarter of Section 5, Township	70120
19, Range 15 and more particularly described as follows:	70121

Beginning at the intersection of the centerline of Township Road	70122
32 and the west line of the east half of the northwest quarter of	70123
Section 5, said west line also being the Grantor's westerly	70124
property line.	70125

Thence easterly along the said centerline a distance of 270.8 feet	70126
to a point;	70127

Thence Southerly along the North Guy line projected a distance of	70128
660.25 feet to the center of the Tower, said center of the Tower	70129
being 314 feet, more or less, easterly of the said West line of	70130
the East Half of the northwest Quarter of Section 5.	70131

The total area of occupancy, including the tower base, building	70132
and guy line areas shall not exceed 1.0 acre.	70133

Mansfield

70134

Situate in the State of Ohio, County of Richland, Washington	70135
Township, being a part of the Northwest Quarter (1/4) of Section	70136
11, Township 20 North, Range 18 West, also being a parcel out of	70137
those lands conveyed to James Edward Procker by Deed of Record in	70138
Deed Book 585, Page 578, Recorders Office, Richland County, Ohio	70139
and being more particularly described as follows:	70140

Beginning for Reference at the intersection of the centerline of	70141
the Mansfield-Washington Road (C.H. 301) and the southeast line of	70142
James Procker's 15 acre parcel as described in said Deed Book 585,	70143
Page 578, Recorder's Office, Richland County, Ohio and in the	70144
Northeast Quarter (1/4) of said Section 11; thence leaving said	70145
Mansfield-Washington Road and with the southeast line of said	70146
James Procker South 47° 59' 08" West 968.22 feet to a point on the	70147
East line of Northwest Quarter (1/4) of said Section 11; thence	70148
leaving the East line of said Northwest Quarter (1/4) of said	70149
Section 11 and across the lands of said James Procker and the	70150
Northwest Quarter (1/4) of said Section 11 North 64° 11' 46" West	70151
1186.56 feet to a point, the center of an existing radio	70152
transmission tower; thence North 09° 01' 06" West 13.00 feet to	70153
the Reference Point of Beginning of the four (4) hereinafter	70154
described easements, said Point of Beginning being half (1/2) way	70155
towards another existing radio transmission tower, 26.00 feet	70156
northerly from the first transmission tower.	70157

Lease No. 1 Circular Area

70158

Being a Circle having a 75.00 foot Radius, centered upon The	70159
Reference Point of Beginning as described above, said Reference	70160
Point being True Point of Beginning for this circular area and	70161
lying half (1/2) way between two existing Radio Transmission	70162
Towers and containing 17,671 square feet, more or less.	70163

Lease No. 2 Guy and Anchor Area (Northerly)

70164

Beginning for Reference at the aforementioned Reference Point of	70165
Beginning at a point half (1/2) way between two existing Radio	70166
Transmitting Towers: thence North 09 50' 08" East 75.00 feet to a	70167
point on the circumference of the 75.00 foot radius circle	70168
described in Lease No. 1 above and the True Point of Beginning of	70169
the following described parcel; thence along the centerline of a	70170
18.00 foot wide strip, 9 foot on each side of the following	70171
described line and parallel with the northerly guy of the	70172
southerly Radio Transmitting Tower,	70173

North 09° 50' 08" East 237.14 feet to the terminus of Lease No. 2	70174
and containing 4269 square feet, more or less.	70175

Lease No. 3 Guy and Anchor Area (Southereasterly)

70176

Beginning for Reference at the aforementioned Reference Point of	70177
Beginning at a point half (1/2) way between two existing Radio	70178
Transmitting Towers; thence South 50 09' 52" East 75.00 feet to a	70179
point on the circumference of the 75.00 foot radius circle	70180
described in Lease No. 1 above and the True Point of Beginning of	70181
the following described parcel; thence along the centerline of a	70182
27.00 foot wide strip, 13.50 feet on each side of the following	70183
described line and parallel with the southeasterly guy of the	70184
southerly Radio Transmitting Tower,	70185

South 50° 09' 52" East 217.93 feet to the terminus of Lease No. 3	70186
and containing 5884 square feet, more or less.	70187

Lease No. 4 Guy and Anchor Area (southwesterly)

70188

Beginning for Reference at the aforementioned Reference Point of	70189
Beginning at a point half (1/2) way between two existing Radio	70190
Transmitting Towers; thence South 69° 50' 08" West 75.00 feet to a	70191
point on the circumference of the 75.00 foot radius circle	70192
described in Lease No. 1 above and the True Point of Beginning of	70193
the following described line and parallel with the southwesterly	70194
guy of the southerly Radio Transmitting Tower.	70195

South 69° 50' 08" West 240.84 feet to the terminus of Lease No. 4	70196
and containing 10,356 square feet, more or less.	70197

Maplewood

70198

The following described Real Estate, situate in the Township of	70199
Jackson in the County of Shelby and State of Ohio.	70200

Being part of the southeast quarter of the southeast quarter of	70201
Section 29, Town 7 South, Range 7 East, Jackson Township, Shelby	70202
County, Ohio, and more particularly described as follows:	70203

Commencing at the stone at the Southeast corner of the Southeast	70204
quarter of Section 29, Jackson Township, (stone being in the	70205
center on the Wones Road and State Route 119); thence in a	70206
westerly direction along the center o the State Route 119, 971.58	70207
feet to a Railroad Spike, this being the PLACE OF BEGNNNING.	70208
Thence continuing in a westerly direction along the center of	70209
State Route 119, 340.80 feet to a Railroad Spike on the West line	70210
of the Southeast Quarter of the Southeast Quarter of Section 29,	70211
Jackson Township; thence in a Northerly direction with an internal	70212
angle of 89 degrees 25 minutes along the West line of the	70213
Southeast Quarter of the Southeast Quarter of Section 29, Jackson	70214
Township, 1142.38 feet to a Railroad Tie corner post; thence in an	70215
Easterly direction with an internal angle of 90 degrees 40 minutes	70216
339.50 feet to an iron pipe; thence in a Southerly direction with	70217
an internal angle of 89 degrees 22 minutes, 1143.63 feet to the	70218
Railroad Spike in the center of State Route 119, which was the	70219
PLACE OF BEGINNING.	70220

The above described tract of land contains 8.92 areas more or	70221
less, subject to all legal highways and easements of record. Being	70222
part of the same premises conveyed by deed recorded in Volume 196,	70223
Page 132 of the Deed Records of Shelby County, Ohio.	70224

ALSO, Situate in the Township of Jackson in the County of Shelby	70225
and State of Ohio.	70226

The following described tract of land is part of the southeast	70227
quarter of southeast quarter of Section 29 - T7S - R7E, Jackson	70228
Township, Shelby County, Ohio and is more particularly described	70229
as follows.	70230

Commencing at a stone at the southeast corner of southeast quarter	70231
of Section 29 Jackson Township. (Stone being in the center on	70232
Wones Road and State Route 119).	70233

Thence in a westerly direction along center line of S. R. 119,	70234
777.46' to first railroad spike. Continuing in westerly direction	70235
along center line of S.R. 119, 194.12' to second railroad spike.	70236

Thence in a northerly direction with internal angle of 89°, 27',	70237
495 ft. to I.P. (set stake). This being place of beginning.	70238

Thence in a northerly direction 634.08' to an iron pipe (post).

70239

Thence in an easterly direction with internal angle of 90° - 18',	70240
194.11' to an iron pipe.	70241

Thence in a southerly direction with internal angle of 89° - 42',	70242
633.33' to a point (set stake).	70243

Thence in a westerly direction with internal angle of 90° - 33',	70244
194.115' to I.P. which was place of beginning.	70245

Millersburg

70246

Being a part of a 35.47 acre parcel of land, known as lot #24 in	70247
the 1st quarter Township, Township 9, Range 8, Monroe Township,	70248
Holmes County, Ohio. Being more particularly described as follows:	70249

Being a plot approximately 30' X 20' (approximately 600 square	70250
feet), located in the northwest corner of the property with center	70251
of tower base to be located approximately 500' south of north	70252
property line and 152' east of West property line.	70253

*Thompson*

70254

Begin part of a 16 acre parcel of land situated in Thompson	70255
Township, Geauga County, Ohio, and known as Lot #20 as described	70256
in Deed #272-290. Being more particularly described as follows:	70257

Being a triangular land area measuring fifty (50) feet southwest	70258
to north by fifty (50) feet southeast to north by fifty (50) feet	70259
west to east to be situated at the northwest corner of the	70260
aforementioned 16 acre parcel. Also being an additional	70261
rectangular land area measuring from the southwest corner of the	70262
aforementioned land area south 21 feet then east by 35 feet then	70263
north by 21 feet thus returning to the southeast corner of the	70264
aforementioned land area.	70265

Warrensville Heights

70266

41° 26' 48"N

70267

81° 30' 20"W

70268

Wilberforce (CSU)

70269

Situate in the State of Ohio, Greene County, Xenia Township and	70270
the Village of Wilberforce and being a part of those lands	70271
conveyed from Central State University to the Ohio Educational	70272
Broadcasting Network Commission by a Transfer of Jurisdiction,	70273
dated September 18, 1974, and being two (2) easements more	70274
particularly described as follows:	70275

Tract No. 1. Steam Tunnel serving Lane Hall (Guy and Anchor Block)

70276

Being an eight foot (8.0') wide easement, four feet (4.0') on each	70277
side of the following described centerline; Beginning for	70278
Reference at approximate station 11+60 as shown on Drawing No.	70279
G-1, Sheet 3 of 35, Section No. G-5, Titled Project No.	70280
255-88-059, UTILITY TUNNEL LOOP, Phase 1, Central State University	70281
and prepared by Fosdick and Hilmer, Inc., Consulting Engineers and	70282
THP Limited of Cincinnati, Ohio; thence with the centerline of the	70283
Steam Tunnel serving said Lane Hall, South 31° East 30.0 feet more	70284
or less; thence South 48° 30' East 84.3 feet, more or less, to the	70285
True Point of Beginning of the herein described easement; thence	70286
continuing with the centerline of said Steam Tunnel	70287

South 48° 30' East 17.4 feet, more or less, to the terminus of the	70288
herein described easement.	70289

Tract No. 2. Steam Tunnel G-5 Serving the Cosby Center for Mass	70290
Communication (antenna site)	70291

Being a five foot (5.0') wide easement, two and one-half feet	70292
(2.5') on each side of the following described centerline;	70293
Beginning for Reference at a northerly corner of the Cosby Center	70294
for Mass Communication; thence with a northwesterly wall of said	70295
Cosby Center South 41° West 67.4 feet, more or less, to the True	70296
Point of Beginning of the herein described easement and on the	70297
centerline of said Steam Tunnel as shown on Drawing No. G-1, Sheet	70298
3 of 35, Section No. G-5, Titled Project No. 255-88-059, UTILITY	70299
TUNNEL LOOP, Phase 1, Central State University and prepared by	70300
Fosdick and Hilmer, Inc. and THP Limited of Cincinnati, Ohio;	70301
thence with the centerline of said Steam Tunnel.	70302

North 49° West 4.6 feet, more or less; thence

70303

North 41° East 23.3 feet, more or less, to the terminus of the	70304
herein described easement.	70305

Wooster

70306

Being a tract of land in Section 15, Range 13W, Township 16N,	70307
Wooster Township, Wayne County, State of Ohio which is further	70308
described as follows:	70309

Beginning for a point at a concrete monument which point is	70310
located by the following two (2) courses from the southeast corner	70311
of Section 15:-	70312

(1) North 0° 03' 45" East, a distance of one thousand one	70313
hundred fifty-five and twenty hundredths (1,155.20) feet to a	70314
point in the centerline of Hayden Road;	70315

(2) North 58° 15' 15" West, a distance of four hundred	70316
eighty-three and eighty-six hundredths (483.86) feet to the said	70317
point of beginning.	70318

Thence, North 89° 28' 57" West, a distance of five hundred seventy	70319
and no hundredths (570.00) feet to a concrete monument;	70320

Thence, North 0° 31' 03" East, a distance of six hundred	70321
fifty-eight and eighteen hundredths (658.18) feet to a concrete	70322
monument;	70323

Thence, South 89° 28' 67" East, a distance of five hundred seventy	70324
and no hundredths (570.00) feet to a concrete monument;	70325

Thence, South 0° 31' 03" West, a distance of six hundred fifty	70326
eight and eighteen hundredths (658.18) feet to the point of	70327
beginning.	70328

This tract contains eight and sixty-one hundredths (8.61) acres,	70329
more or less.	70330

(B) All rights, privileges, ownership, and control of the	70331
towers shall be transferred from eTech Ohio to the Office of	70332
Information Technology (OIT) by July 1, 2007. Where the land upon	70333
which the towers are located is leased by eTech Ohio, eTech Ohio	70334
shall relinquish its right on any such lease and OIT shall be	70335
substituted as the lessee of the premises by July 1, 2007, under	70336
the same terms, provisions, and conditions as specified in each	70337
lease agreement, subject to the lessor's consent. Where the land	70338
upon which the towers are located is owned by eTech Ohio, all	70339
rights, privileges, ownership and control of the land shall be	70340
transferred to OIT by July 1, 2007. The transfers and assignments	70341
of the eighteen tower site designations are subject to eTech	70342
Ohio's continued right to use the towers and the premises on which	70343
the towers are located for transmission and broadcasting; to OIT	70344
policies and procedures; and to completion of any legal surveys of	70345
the premises deemed necessary by the Office of Real Estate	70346
Services.	70347

(C) Renewable leases and deeds to implement this section	70348
shall be prepared by the Auditor of State with the assistance of	70349
the Attorney General, executed by the Governor, countersigned by	70350
the Secretary of State, sealed with the Great State of Ohio, and	70351
presented for recording in the Office of the Auditor of State.	70352
Each deed or lease shall be delivered to the original grantor or	70353
lessor of each property for recording in the office of the	70354
appropriate county recorder.	70355

Section 285.60. TELECOMMUNITY

70356

The foregoing appropriation item 935-630, Telecommunity,	70357
shall be distributed by eTech Ohio on a grant basis to eligible	70358
school districts to establish "distance learning" through	70359
interactive video technologies in the school district. Per	70360
agreements with eight Ohio local telephone companies ALLTEL Ohio,	70361
CENTURY Telephone of Ohio, Chillicothe Telephone Company,	70362
Cincinnati Bell Telephone Company, Orwell Telephone Company,	70363
Sprint North Central Telephone, VERIZON, and Western Reserve	70364
Telephone Company, school districts are eligible for funds if they	70365
are within one of the listed telephone company service areas.	70366
Funds to administer the program shall be expended by eTech Ohio up	70367
to the amount specified in agreements with the listed telephone	70368
companies.	70369

Within thirty days after the effective date of this section,	70370
the Director of Budget and Management shall transfer to Fund 4W9	70371
in the State Special Revenue Fund Group any investment earnings	70372
from moneys paid by any telephone company as part of any	70373
settlement agreement between the listed companies and the Public	70374
Utilities Commission in fiscal years 1996 and beyond.	70375

DISTANCE LEARNING

70376

The foregoing appropriation item 935-634, Distance Learning,	70377
shall be distributed by eTech Ohio on a grant basis to eligible	70378
school districts to establish "distance learning" in the school	70379
district. Per the agreement with Ameritech, school districts are	70380
eligible for funds if they are within an Ameritech service area.	70381
Funds to administer the program shall be expended by eTech Ohio up	70382
to the amount specified in the agreement with Ameritech.	70383

Within thirty days after the effective date of this section,	70384
the Director of Budget and Management shall transfer to Fund 4X1	70385
in the State Special Revenue Fund Group any investment earnings	70386
from moneys paid by any telephone company as part of a settlement	70387
agreement between the company and the Public Utilities Commission	70388
in fiscal year 1995.	70389

GATES FOUNDATION GRANTS

70390

The foregoing appropriation item 935-607, Gates Foundation	70391
Grants, shall be used by eTech Ohio to provide professional	70392
development to school district principals, superintendents, and	70393
other administrative staff for the use of education technology.	70394

Section 287.10. ETH OHIO ETHICS COMMISSION

70395

General Revenue Fund

70396

GRF	146-321		Operating Expenses		$	1,863,028		$	1,967,275		70397
TOTAL GRF General Revenue Fund					$	1,863,028		$	1,967,275		70398

General Services Fund Group

70399

4M6	146-601	Operating Expenses	$	527,543	$	477,543	70400
TOTAL GSF General Services							70401
Fund Group			$	527,543	$	477,543	70402
TOTAL ALL BUDGET FUND GROUPS			$	2,390,571	$	2,444,818	70403

Section 289.10. EXP OHIO EXPOSITIONS COMMISSION

70405

General Revenue Fund

70406

GRF	723-403		Junior Fair Subsidy		$	400,000		$	400,000		70407
TOTAL GRF General Revenue Fund					$	400,000		$	400,000		70408

State Special Revenue Fund Group

70409

4N2	723-602	Ohio State Fair Harness Racing	$	520,000	$	520,000	70410
506	723-601	Operating Expenses	$	13,643,315	$	13,643,315	70411
640	723-603	State Fair Reserve	$	125,337	$	0	70412
TOTAL SSR State Special Revenue							70413
Fund Group			$	14,288,652	$	14,163,315	70414
TOTAL ALL BUDGET FUND GROUPS			$	14,688,652	$	14,563,315	70415

STATE FAIR RESERVE

70416

The foregoing appropriation item 723-603, State Fair Reserve,	70417
shall serve as a budget reserve fund for the Ohio Expositions	70418
Commission in the event of a significant decline in attendance	70419
because of inclement weather or extraordinary circumstances during	70420
the Ohio State Fair resulting in a loss of revenue. The State Fair	70421
Reserve Fund (Fund 640) may be used by the Ohio Expositions	70422
Commission to pay bills resulting from the Ohio State Fair only if	70423
all the following criteria are met:	70424

(A) Admission revenues for the 2007 Ohio State Fair are less	70425
than $2,025,000 or the admission revenues for the 2008 Ohio State	70426
Fair are less than $2,065,000 because of inclement weather or	70427
extraordinary circumstances. These amounts are ninety per cent of	70428
the projected revenues for each year.	70429

(B) The Ohio Expositions Commission declares a state of	70430
fiscal exigency and requests release of funds from the Director of	70431
Budget and Management.	70432

(C) The Director of Budget and Management releases the funds.	70433
The Director of Budget and Management may approve or disapprove	70434
the request for release of funds, may increase or decrease the	70435
amount of release, and may place conditions as the Director	70436
considers necessary on the use of the released funds. The Director	70437
of Budget and Management may transfer the appropriation from	70438
fiscal year 2008 to fiscal year 2009 as needed.	70439

In the event that the Ohio Expositions Commission faces a	70440
temporary cash shortage that will preclude it from meeting current	70441
obligations, the Commission may request the Director of Budget and	70442
Management to approve use of the State Fair Reserve Fund (Fund	70443
640) to meet those obligations. The request shall include a plan	70444
describing how the Commission will eliminate the cash shortage. If	70445
the Director of Budget and Management approves the expenditures,	70446
the Commission shall reimburse the State Fair Reserve Fund (Fund	70447
640) by the thirtieth day of June of that same fiscal year through	70448
an intrastate transfer voucher. The amount reimbursed is hereby	70449
appropriated.	70450

Section 291.10. GOV OFFICE OF THE GOVERNOR

70451

General Revenue Fund

70452

GRF	040-321	Operating Expenses	$	3,754,045	$	3,754,045	70453
GRF	040-403	Federal Relations	$	435,443	$	435,443	70454
GRF	040-408	Office of Veterans' Affairs	$	287,000	$	298,000	70455
TOTAL GRF General Revenue Fund			$	4,476,488	$	4,487,488	70456

General Services Fund Group

70457

5AK	040-607		Federal Relations		$	365,149		$	365,149		70458
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		70459

TOTAL ALL BUDGET FUND GROUPS

4,841,637

4,852,637

70460

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

70461

The Governor may expend a portion of the foregoing	70462
appropriation item 040-321, Operating Expenses, to hire or appoint	70463
legal counsel to be used in proceedings involving the Governor in	70464
the Governor's official capacity or the Governor's office only,	70465
without the approval of the Attorney General, notwithstanding	70466
sections 109.02 and 109.07 of the Revised Code.	70467

FEDERAL RELATIONS

70468

A portion of the foregoing appropriation items 040-403,	70469
Federal Relations, and 040-607, Federal Relations, may be used to	70470
support Ohio's membership in national or regional associations.	70471

The Office of the Governor may charge any state agency of the	70472
executive branch using an intrastate transfer voucher such amounts	70473
necessary to defray the costs incurred for the conduct of federal	70474
relations associated with issues that can be attributed to the	70475
agency. Amounts collected shall be deposited to the Office of the	70476
Governor Federal Relations Fund (Fund 5AK).	70477

Section 293.10. DOH DEPARTMENT OF HEALTH

70478

General Revenue Fund

70479

GRF	440-407	Animal Borne Disease and Prevention	$	2,327,101	$	2,327,101	70480
GRF	440-412	Cancer Incidence Surveillance System	$	1,002,619	$	1,002,619	70481
GRF	440-413	Local Health Department Support	$	3,786,794	$	3,786,794	70482
GRF	440-416	Child and Family Health Services	$	9,522,874	$	9,622,874	70483
GRF	440-418	Immunizations	$	9,400,615	$	9,400,615	70484
GRF	440-425	Abstinence Education	$	500,000	$	500,000	70485
GRF	440-431	Free Clinic Liability Insurance	$	250,000	$	250,000	70486
GRF	440-437	Healthy Ohio	$	1,502,618	$	2,855,553	70487
GRF	440-444	AIDS Prevention and Treatment	$	7,158,127	$	7,158,127	70488
GRF	440-446	Infectious Disease Prevention	$	200,000	$	200,000	70489
GRF	440-451	Lab and Public Health Prevention Programs	$	6,085,250	$	6,085,250	70490
GRF	440-452	Child and Family Health Services Match	$	1,024,017	$	1,024,017	70491
GRF	440-453	Health Care Quality Assurance	$	10,253,728	$	10,253,728	70492
GRF	440-454	Local Environmental Health	$	889,752	$	889,752	70493
GRF	440-459	Help Me Grow	$	10,923,397	$	14,041,847	70494
GRF	440-505	Medically Handicapped Children	$	10,791,784	$	10,791,784	70495
GRF	440-507	Targeted Health Care Services Over 21	$	1,681,023	$	1,681,023	70496
GRF	440-511	Uncompensated Care and Emergency Medical Assistance	$	0	$	3,500,000	70497
TOTAL GRF General Revenue Fund			$	77,299,699	$	85,371,084	70498

General Services Fund Group

70499

142	440-646	Agency Health Services	$	3,461,915	$	3,461,915	70500
211	440-613	Central Support Indirect Costs	$	28,884,707	$	28,884,707	70501
473	440-622	Lab Operating Expenses	$	4,954,045	$	4,954,045	70502
683	440-633	Employee Assistance Program	$	1,208,214	$	1,208,214	70503
698	440-634	Nurse Aide Training	$	170,000	$	170,000	70504
TOTAL GSF General Services							70505
Fund Group			$	38,678,881	$	38,678,881	70506

Federal Special Revenue Fund Group

70507

320	440-601	Maternal Child Health Block Grant	$	30,666,635	$	30,666,635	70508
387	440-602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	70509
389	440-604	Women, Infants, and Children	$	230,077,451	$	230,077,451	70510
391	440-606	Medicaid/Medicare	$	24,850,959	$	24,850,959	70511
392	440-618	Federal Public Health Programs	$	136,778,215	$	136,778,215	70512
TOTAL FED Federal Special Revenue							70513
Fund Group			$	430,199,919	$	430,199,919	70514

State Special Revenue Fund Group

70515

4D6	440-608	Genetics Services	$	3,317,000	$	3,317,000	70516
4F9	440-610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	70517
4G0	440-636	Heirloom Birth Certificate	$	5,000	$	5,000	70518
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	70519
4L3	440-609	Miscellaneous Expenses	$	446,468	$	446,468	70520
4T4	440-603	Child Highway Safety	$	233,894	$	233,894	70521
4V6	440-641	Save Our Sight	$	1,767,994	$	1,767,994	70522
470	440-647	Fee Supported Programs	$	27,996,243	$	25,905,140	70523
471	440-619	Certificate of Need	$	869,000	$	898,000	70524
477	440-627	Medically Handicapped Children Audit	$	3,693,016	$	3,693,016	70525
5B5	440-616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	70526
5CB	440-640	Poison Control Centers	$	150,000	$	150,000	70527
5CN	440-645	Choose Life	$	75,000	$	75,000	70528
5C0	440-615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	70529
5D6	440-620	Second Chance Trust	$	1,054,951	$	1,054,951	70530
5EC	440-650	Health Emergency	$	15,312,500	$	0	70531
5ED	440-651	Smoke Free Indoor Air	$	800,000	$	800,000	70532
5G4	440-639	Adoption Services	$	20,000	$	20,000	70533
5L1	440-623	Nursing Facility Technical Assistance Program	$	664,282	$	698,595	70534
610	440-626	Radiation Emergency Response	$	850,000	$	850,000	70535
666	440-607	Medically Handicapped Children - County Assessments	$	14,320,687	$	14,320,687	70536
TOTAL SSR State Special Revenue							70537
Fund Group			$	74,910,263	$	57,569,973	70538

Holding Account Redistribution Fund Group

70539

R14	440-631	Vital Statistics	$	70,000	$	70,000	70540
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	70541
TOTAL 090 Holding Account							70542
Redistribution Fund Group			$	90,000	$	90,000	70543
TOTAL ALL BUDGET FUND GROUPS			$	621,178,762	$	611,909,857	70544

Section 293.20. CHILD AND FAMILY HEALTH SERVICES

70546

Of the foregoing appropriation item 440-416, Child and Family	70547
Health Services, not more than $1,700,000 in each fiscal year	70548
shall be used for women's health services.	70549

Of the foregoing appropriation item 440-416, Child and Family	70550
Health Services, not more than $270,000 shall be used in each	70551
fiscal year for the OPTIONS dental care access program.	70552

Of the foregoing appropriation item 440-416, Child and Family	70553
Health Services, $1,900,000 in fiscal year 2008 and $2,150,000 in	70554
fiscal year 2009 shall be used by federally qualified health	70555
centers and federally designated look-alikes to provide services	70556
to uninsured low-income persons.	70557

Of the foregoing appropriation item 440-416, Child and Family	70558
Health Services, $10,000 in each fiscal year shall be allocated to	70559
the Jewish Family Services in Cleveland, $10,000 in each fiscal	70560
year shall be allocated to the Jewish Family Services in	70561
Cincinnati, $10,000 shall be allocated in each fiscal year to the	70562
Jewish Family Services in Columbus, and $10,000 in each fiscal	70563
year shall be allocated to the Wexner Heritage Village in Columbus	70564
for interpreters for health care.	70565

Of the foregoing appropriation item 440-416, Child and Family	70566
Health Services, $10,000 in each fiscal year shall be provided to	70567
the Jewish Family Services in Dayton, $5,000 in each fiscal year	70568
shall be provided to the Jewish Community Center in Akron, $5,000	70569
in each fiscal year shall be provided to the Jewish Community	70570
Center in Sylvania, $2,500 in each fiscal year shall be provided	70571
to the Jewish Community Center in Youngstown, and $2,500 in each	70572
fiscal year shall be provided to the Jewish Community Center in	70573
Canton.	70574

Of the foregoing appropriation item 440-416, Child and Family	70575
Health Services, $16,667 in each fiscal year shall be allocated to	70576
the Yassenoff Jewish Community Center, $16,667 in each fiscal year	70577
shall be allocated to the Jewish Community Center in Cincinnati,	70578
and $16,666 in each fiscal year shall be allocated to the Jewish	70579
Community Center in Cleveland for children's health and nutrition	70580
camp programs.	70581

Of the foregoing appropriation item 440-416, Child and Family	70582
Health Services, $16,666 in each fiscal year shall be allocated to	70583
the Athens Community Center.	70584

Of the foregoing appropriation item 400-416, Child and Family	70585
Health Services, $25,000 in each fiscal year shall be allocated to	70586
the Wellness Community of Greater Columbus to provide support	70587
services for people with cancer, their families, and caregivers.	70588

Of the foregoing appropriation item 440-416, Child and Family	70589
Health Services, $100,000 in each fiscal year shall be allocated	70590
to the Compdrug Teen Dating Violence Prevention Project in	70591
Franklin County.	70592

Of the foregoing appropriation item, 440-416, Child and	70593
Family Health Services, $2,500,000 in each fiscal year shall be	70594
used for breast and cervical cancer screenings and services as	70595
permitted under the National Breast and Cervical Cancer Early	70596
Detection Project.	70597

Section 293.25. COLLEGE PREGNANCY AND PARENTING OFFICES PILOT	70598
PROGRAM	70599

(A) As used in this section, "institution of higher	70600
education" means a public or private university or college in this	70601
state, including a community college or state community college.	70602

(B) The Director of Health shall conduct a pilot program in	70603
fiscal year 2009 for the purpose of awarding grants to up to four	70604
institutions of higher education to establish and operate on a	70605
selected institution's campus an office that provides support to	70606
students who are pregnant or who are the parents or legal	70607
guardians of one or more minors. Planning for the pilot program	70608
shall commence in fiscal year 2008.	70609

(C) An institution of higher education may apply for a grant	70610
by completing and submitting an application form supplied by the	70611
Director. The Director may require the institution to submit	70612
additional information after the Director has reviewed the	70613
application.	70614

(D) Before awarding a grant, the Director shall secure a	70615
written agreement in which the proposed grantee commits to doing	70616
all of the following:	70617

(1) Locating the office described in division (B) of this	70618
section on the campus of the institution.	70619

(2) Assessing the institution's performance in both of the	70620
following areas:	70621

(a) Offering health insurance plans to students that include	70622
coverage for prenatal and postpartum care and riders for the	70623
coverage of additional family members;	70624

(b) Providing services or items that meet the needs of	70625
students who are pregnant or who are the parents or legal	70626
guardians of one or more minors, including family housing, child	70627
care, flexible or alternative academic scheduling, education	70628
concerning responsible parenting and healthy marriages, maternity	70629
and infant clothing, formula and baby food, and baby furniture.	70630

(3) Identifying and establishing programs with public and	70631
private service providers located on campus and in the local	70632
community that are qualified to meet the needs described in	70633
division (D)(2)(b) of this section.	70634

(4) Assisting students in locating and obtaining services	70635
that meet the needs described in division (D)(2)(b) of this	70636
section.	70637

(5) Providing, on the request of an individual student,	70638
referrals for prenatal care and delivery, infant or foster care,	70639
or adoption. The office shall make referrals only to persons or	70640
governmental entities that primarily serve parents, prospective	70641
parents awaiting adoption, pregnant women who plan to parent or	70642
place a child for adoption, or married couples or couples that	70643
plan on marrying in order to provide a supportive environment for	70644
each other and one or more minors.	70645

(6) Providing, by a date determined by the Director, a	70646
written report to the Director that itemizes the office's	70647
expenditures during the fiscal year and meets the format or form	70648
established by the Director under division (E) of this section.	70649

(7) Providing, after the Director's review of the report	70650
described in division (D)(6) of this section, any additional	70651
information requested by the Director.	70652

(E) The Director shall establish a format or form for the	70653
written report that must be provided by an institution under	70654
division (D)(6) of this section. In establishing the format or	70655
form, the Director shall identify specific performance criteria	70656
the institution must address in the report.	70657

(F) The Director may adopt any rules necessary to implement	70658
this section. The rules shall be adopted in accordance with	70659
Chapter 119. of the Revised Code.	70660

(G) Of the foregoing appropriation item 440-416, Child and	70661
Family Health Services, $50,000 in fiscal year 2009 shall be used	70662
to make grants for the pilot program described in this section.	70663

Section 293.27. As used in this section, "federally qualified	70664
health center" means a health center that receives a federal	70665
public health services grant under the "Public Health Services	70666
Act," 117 Stat. 2020, 42 U.S.C. 254b, as amended, or another	70667
health center designated by the U.S. Health Resources and Services	70668
Administration as a federally qualified health center.	70669

The Department of Health may establish a pilot program to	70670
place two federally qualified health centers within or adjacent to	70671
hospital emergency departments. One health center shall be located	70672
in or adjacent to a hospital located in an urban area and one	70673
health center shall be located in or adjacent to a hospital	70674
located in a rural area. If the Department establishes the pilot	70675
program, not later than one year after the health centers become	70676
operational, the hospital and the health centers shall prepare and	70677
submit a report to the Governor and the General Assembly regarding	70678
the number of patients that received care at the health centers	70679
for nonemergency conditions rather than receiving care at the	70680
emergency department.	70681

If the Department does not establish the pilot program not	70682
later than one year after the effective date of this section, the	70683
Department shall submit a report to the Governor and the General	70684
Assembly explaining why it did not do so.	70685

Section 293.30. ABSTINENCE EDUCATION

70686

The foregoing appropriation item 440-425, Abstinence	70687
Education, shall be used for abstinence and adoption education.	70688
The Director of Health shall develop guidelines for the	70689
establishment of abstinence and adoption education programs for	70690
teenagers with the purpose of decreasing unplanned pregnancies and	70691
abortion. The guidelines shall be developed pursuant to Title V of	70692
the "Social Security Act," 42 U.S.C. 510, and shall include, but	70693
are not limited to, advertising campaigns and direct training in	70694
schools and other locations.	70695

HEALTHY OHIO

70696

The Department of Health may use $902,618 in fiscal year 2008	70697
and $2,255,553 in fiscal year 2009 in appropriation item 440-437,	70698
Healthy Ohio, to complete an inventory of prevention and	70699
intervention programs so that it may better target funding to	70700
programs to decrease disparities.	70701

Of the foregoing appropriation item 440-437, Healthy Ohio,	70702
$100,000 in each fiscal year shall be allocated to the Center for	70703
Closing Health Gaps to help with disparities in minority health.	70704

Of the foregoing appropriation item 440-437, Healthy Ohio,	70705
$500,000 in each fiscal year shall be used to support	70706
evidence-based programs for diabetes management and prevention,	70707
utilizing proven behavior change strategies leading to improved	70708
levels of routine physical activity and healthy eating habits. The	70709
program shall provide screening for diabetes, and for those	70710
determined to be at highest risk for diabetes, education on	70711
diabetes, diabetes management, physical activity and eating	70712
habits, and opportunities for monitored physical activity for	70713
adults and families. Grants shall be provided to, but not limited	70714
to, the Ohio YMCA State Alliance in collaboration with other	70715
community organizations. Each program shall include post program	70716
measurements, including, but not limited to, blood sugar testing,	70717
participant satisfaction surveys, and participant retention.	70718

HIV/AIDS PREVENTION/TREATMENT

70719

Of the foregoing appropriation item 440-444, AIDS Prevention	70720
and Treatment, not more than $6.7 million in each fiscal year	70721
shall be used to assist persons with HIV/AIDS in acquiring	70722
HIV-related medications.	70723

INFECTIOUS DISEASE PREVENTION

70724

The foregoing appropriation item 440-446, Infectious Disease	70725
Prevention, shall be used for the purchase of drugs for sexually	70726
transmitted diseases.	70727

HELP ME GROW

70728

Of the foregoing appropriation item 440-459, Help Me Grow,	70729
$10,423,397 in fiscal year 2008 and $13,741,847 in fiscal year	70730
2009 shall be used by the Department of Health to distribute	70731
subsidies to counties to implement the Help Me Grow Program.	70732
Appropriation item 440-459, Help Me Grow, may be used in	70733
conjunction with Temporary Assistance for Needy Families from the	70734
Department of Job and Family Services, Early Intervention funding	70735
from the Department of Mental Retardation and Developmental	70736
Disabilities, and in conjunction with other early childhood funds	70737
and services to promote the optimal development of young children.	70738
Local contracts shall be developed between local departments of	70739
job and family services and family and children first councils for	70740
the administration of TANF funding for the Help Me Grow Program.	70741
The Department of Health shall enter into an interagency agreement	70742
with the Department of Education, Department of Mental Retardation	70743
and Developmental Disabilities, Department of Job and Family	70744
Services, and Department of Mental Health to ensure that all early	70745
childhood programs and initiatives are coordinated and school	70746
linked.	70747

Of the foregoing appropriation item 440-459, Help Me Grow,	70748
$500,000 in fiscal year 2008 and $300,000 in fiscal year 2009	70749
shall be used for the establishment of the Autism Diagnosis	70750
Education Pilot Program. Not later than December 31, 2008, the	70751
Director of Health shall compile and submit to the Governor and	70752
the General Assembly a written report describing the action taken	70753
under the Autism Diagnosis Education Pilot Program since the	70754
effective date of this section. Not later than December 31, 2009,	70755
the Director shall compile and submit to the Governor and the	70756
General Assembly a written report describing the action taken	70757
under the Pilot Program since December 31, 2008.	70758

TARGETED HEALTH CARE SERVICES OVER 21

70759

In each fiscal year, of the foregoing appropriation item	70760
440-507, Targeted Health Care Services Over 21, $731,023 shall be	70761
used to administer the cystic fibrosis program and implement the	70762
Hemophilia Insurance Premium Payment Program. These funds also may	70763
be used, to the extent that funding is available, to provide up to	70764
18 in-patient hospital days for participants in the cystic	70765
fibrosis program. The Department shall expend all of these	70766
earmarked funds.	70767

Of the foregoing appropriation item 440-507, Targeted Health	70768
Care Services Over 21, $900,000 in each fiscal year shall be used	70769
to provide essential medications and to pay the copayments for	70770
drugs approved by the Department of Health and covered by Medicare	70771
Part D that are dispensed to Bureau for Children with Medical	70772
Handicaps (BCMH) participants for the cystic fibrosis program.	70773
These funds also may be used, to the extent that funding is	70774
available, to provide up to 18 in-patient hospital days for	70775
participants in the cystic fibrosis program. The Department shall	70776
expend all of these earmarked funds.	70777

UNCOMPENSATED CARE AND EMERGENCY MEDICAL

70778

The foregoing appropriation item 440-511, Uncompensated Care	70779
and Emergency Medical Assistance, shall be used to fund programs	70780
that provide health care without ability to pay. This is not an	70781
entitlement program and services are offered only to the extent	70782
that funding is available.	70783

MATERNAL CHILD HEALTH BLOCK GRANT

70784

Of the foregoing appropriation item 440-601, Maternal Child	70785
Health Block Grant (Fund 320), $2,091,299 shall be used in each	70786
fiscal year for the purposes of abstinence and adoption education.	70787
The Director of Health shall develop guidelines for the	70788
establishment of abstinence and adoption education programs for	70789
teenagers with the purpose of decreasing unplanned pregnancies and	70790
abortion. The guidelines shall be developed under Title V of the	70791
"Social Security Act," 42 U.S.C. 510, and shall include, but are	70792
not limited to, advertising campaigns and direct training in	70793
schools and other locations.	70794

GENETICS SERVICES

70795

The foregoing appropriation item 440-608, Genetics Services	70796
(Fund 4D6), shall be used by the Department of Health to	70797
administer programs authorized by sections 3701.501 and 3701.502	70798
of the Revised Code. None of these funds shall be used to counsel	70799
or refer for abortion, except in the case of a medical emergency.	70800

FEE SUPPORTED PROGRAMS

70801

Of the foregoing appropriation item 440-647, Fee Supported	70802
Programs (Fund 470), $50,000 in fiscal year 2008 shall be used by	70803
the Department to enter into a contract to make hospital	70804
performance information available on a web site as required in	70805
section 3727.391 of the Revised Code.	70806

MEDICALLY HANDICAPPED CHILDREN AUDIT

70807

The Medically Handicapped Children Audit Fund (Fund 477)	70808
shall receive revenue from audits of hospitals and recoveries from	70809
third-party payers. Moneys may be expended for payment of audit	70810
settlements and for costs directly related to obtaining recoveries	70811
from third-party payers and for encouraging Medically Handicapped	70812
Children's Program recipients to apply for third-party benefits.	70813
Moneys also may be expended for payments for diagnostic and	70814
treatment services on behalf of medically handicapped children, as	70815
defined in division (A) of section 3701.022 of the Revised Code,	70816
and Ohio residents who are twenty-one or more years of age and who	70817
are suffering from cystic fibrosis or hemophilia. Moneys may also	70818
be expended for administrative expenses incurred in operating the	70819
Medically Handicapped Children's Program.	70820

TRANSFER FROM STATE FIRE MARSHAL'S FUND (FUND 546) TO THE	70821
POISON CONTROL FUND (FUND 5CB) IN THE DEPARTMENT OF HEALTH	70822

Notwithstanding section 3737.71 of the Revised Code, on July	70823
1, 2007, or as soon as possible thereafter, the Director of Budget	70824
and Management shall transfer $150,000 cash from the State Fire	70825
Marshal's Fund (Fund 546) in the Department of Commerce to the	70826
Poison Control Fund (Fund 5CB) in the Department of Health.	70827
Notwithstanding section 3737.71 of the Revised Code, on July 1,	70828
2008, or as soon as possible thereafter, the Director of Budget	70829
and Management shall transfer $150,000 cash from the State Fire	70830
Marshal's Fund (Fund 546) in the Department of Commerce to the	70831
Poison Control Fund (Fund 5CB) in the Department of Health.	70832

POISON CONTROL CENTERS

70833

Of the foregoing appropriation item 440-640, Poison Control	70834
Centers, in each fiscal year, the poison control centers in the	70835
municipal corporations of Cleveland, Cincinnati, and Columbus	70836
shall each receive an allocation of $50,000.	70837

SEWAGE TREATMENT SYSTEM INNOVATION

70838

Any revenues deposited to the credit of the Sewage Treatment	70839
System Innovation Fund (Fund 5CJ) in accordance with Section	70840
120.02 of this act are hereby appropriated to appropriation item	70841
440-654, Sewage Treatment System Innovation, in the fiscal year in	70842
which the revenues are received. On July 1, 2008, or as soon as	70843
possible thereafter, the Department of Health shall certify to the	70844
Director of Budget and Management the total fiscal year 2008	70845
unencumbered appropriations in appropriation item 440-654, Sewage	70846
Treatment System Innovation. The Department of Health may direct	70847
the Director of Budget and Management to transfer an amount not to	70848
exceed the total fiscal year 2008 unencumbered appropriations to	70849
fiscal year 2009 for use in appropriation item 440-654, Sewage	70850
Treatment System Innovation. Additional appropriation authority	70851
equal to the amount certified by the Department of Health is	70852
hereby appropriated to appropriation item 440-654, Sewage	70853
Treatment System Innovation, in fiscal year 2009.	70854

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	70855
PERMIT FUND	70856

The Director of Budget and Management, pursuant to a plan	70857
submitted by the Department of Health, or as otherwise determined	70858
by the Director of Budget and Management, shall set a schedule to	70859
transfer cash from the Liquor Control Fund (Fund 043) to the	70860
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	70861
needs of the Alcohol Testing and Permit program.	70862

The Director of Budget and Management shall transfer to the	70863
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	70864
Fund (Fund 043) created in section 4301.12 of the Revised Code	70865
such amounts at such times as determined by the transfer schedule.	70866

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

70867

The foregoing appropriation item 440-607, Medically	70868
Handicapped Children - County Assessments (Fund 666), shall be	70869
used to make payments under division (E) of section 3701.023 of	70870
the Revised Code.	70871

Section 293.35. HEALTHY OHIO ASSESSMENT

70872

(A) The Department of Health, through the Healthy Ohio	70873
program, shall conduct a formal assessment of the Department and	70874
the Departments of Job and Family Services, Aging, Alcohol and	70875
Drug Addiction Services, Mental Retardation and Developmental	70876
Disabilities, Mental Health, Rehabilitation and Correction, and	70877
Youth Services to determine their efforts to improve positive	70878
health outcomes.	70879

As part of the assessment required by this section, the	70880
Department of Health shall assess current practices and offer	70881
recommendations for improvements in the following areas:	70882

(1) Specific interventions provided to improve outcomes	70883
measured on an individual basis, including measures taken to	70884
identify those in need of care, coordinate their care, and provide	70885
direct service interventions.	70886

(2) Cost of the care provided per individual served each	70887
fiscal year, including administrative and infrastructure costs;	70888

(3) How money is tied to specific work completion with a	70889
basis for positive impact and positive outcomes and steps each	70890
department is making to ensure the people most at-risk receive the	70891
interventions;	70892

(4) Strategies used in each department to eliminate service	70893
duplication, especially in the area of care coordination.	70894

(B) As part of its assessment, the Department of Health shall	70895
consult with associations representing health care providers,	70896
business interests, consumer advocates, insurance companies, and	70897
other interested parties affected by improved outcomes funding	70898
models.	70899

(C) The Department of Health shall produce written reports of	70900
its assessment based on the areas of review listed in division (A)	70901
of this section. The Department may collaborate with one or more	70902
of the interested parties named in division (B) of this section	70903
with substantial experience in the areas the Department is	70904
required to assess. The report shall be submitted to the Governor,	70905
the Speaker of the House of Representatives, the Minority Leader	70906
of the House of Representatives, the President of the Senate, and	70907
the Minority Leader of the Senate.	70908

The Department shall submit its first report of the	70909
assessment not later than February 1, 2008. The Department shall	70910
submit its final report of the assessment not later than January	70911
1, 2009.	70912

Section 293.40. NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

70913

The Director of Budget and Management shall transfer, on July	70914
1, 2007, or as soon as possible thereafter, cash from Fund 4E3,	70915
Resident Protection Fund, in the Ohio Department of Job and Family	70916
Services, to Fund 5L1, Nursing Facility Technical Assistance	70917
Program Fund, in the Ohio Department of Health, to be used under	70918
section 3721.026 of the Revised Code. The transfers shall equal	70919
$410,111 in fiscal year 2008 and $698,595 in fiscal year 2009.	70920

CASH TRANSFER FROM FEDERAL PUBLIC HEALTH PROGRAMS FUND TO	70921
AGENCY HEALTH SERVICES FUND	70922

As soon as possible on or after July 1, 2007, the Director of	70923
Health shall certify to the Director of Budget and Management the	70924
amount of cash to be transferred from the Federal Public Health	70925
Programs Fund (Fund 392) to the Agency Health Services Fund (Fund	70926
142) to meet the operating needs of the Vital Statistics Program.	70927
The Director of Budget and Management shall transfer the amount	70928
certified.	70929

Section 293.50. TASK FORCE TO STUDY CANCER DEATH RATES AMONG	70930
AFRICAN AMERICANS IN OHIO	70931

(A) There is hereby created in the Department of Health the	70932
Task Force to Study Cancer Death Rates Among African Americans in	70933
Ohio. Members of the task force shall include:	70934

(1) The directors of the following institutions or the	70935
directors' designees:	70936

(a) The Cleveland Clinic Taussig Cancer Center;

70937

(b) The Case Comprehensive Cancer Center;

70938

70939

(d) The University Hospitals Case Medical Center;

70940

(e) The University of Cincinnati.

70941

(2) The following individuals:

70942

(a) A representative of the American Cancer Society selected	70943
by the governing body of that society;	70944

(b) The President of the Cleveland Medical Association or the	70945
President's designee;	70946

(c) Two additional members appointed by the Director of	70947
Health.	70948

(B) The members of the Task Force shall choose two	70949
co-chairpersons from among the members of the Task Force.	70950

Not later than one year after the effective date of this	70951
section the Task Force shall submit a report to the members of the	70952
General Assembly identifying root causes and proposed solutions to	70953
the problem that the cancer death rate among African Americans in	70954
Ohio is thirty-two per cent higher than the cancer death rate	70955
among Caucasians in Ohio. On submitting the report, the Task Force	70956
shall cease to exist.	70957

Section 295.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

70958

Agency Fund Group

70959

461	372-601	Operating Expenses	$	16,819	$	16,819	70960
TOTAL AGY Agency Fund Group			$	16,819	$	16,819	70961
TOTAL ALL BUDGET FUND GROUPS			$	16,819	$	16,819	70962

Section 297.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

70964

General Revenue Fund

70965

GRF	148-100	Personal Services	$	160,121	$	167,156	70966
GRF	148-200	Maintenance	$	40,000	$	40,000	70967
GRF	148-402	Community Projects	$	500,000	$	500,000	70968
TOTAL GRF General Revenue Fund			$	700,121	$	707,156	70969

General Services Fund Group

70970

601	148-602	Gifts and Miscellaneous	$	20,000	$	20,000	70971
TOTAL GSF General Services							70972
Fund Group			$	20,000	$	20,000	70973
TOTAL ALL BUDGET FUND GROUPS			$	720,121	$	727,156	70974

Section 299.10. OHS OHIO HISTORICAL SOCIETY

70976

General Revenue Fund

70977

GRF	360-501	Operating Subsidy	$	3,649,244	$	3,649,252	70978
GRF	360-502	Site and Museum Operations	$	8,501,781	$	8,501,788	70979
GRF	360-504	Ohio Preservation Office	$	417,516	$	415,381	70980
GRF	360-505	National Afro-American Museum	$	754,884	$	754,884	70981
GRF	360-506	Hayes Presidential Center	$	514,323	$	514,323	70982
GRF	360-508	State Historical Grants	$	853,000	$	775,000	70983
TOTAL GRF General Revenue Fund			$	14,690,748	$	14,610,628	70984
TOTAL ALL BUDGET FUND GROUPS			$	14,690,748	$	14,610,628	70985

SUBSIDY APPROPRIATION

70986

Upon approval by the Director of Budget and Management, the	70987
foregoing appropriation items shall be released to the Ohio	70988
Historical Society in quarterly amounts that in total do not	70989
exceed the annual appropriations. The funds and fiscal records of	70990
the society for fiscal years 2008 and 2009 shall be examined by	70991
independent certified public accountants approved by the Auditor	70992
of State, and a copy of the audited financial statements shall be	70993
filed with the Office of Budget and Management. The society shall	70994
prepare and submit to the Office of Budget and Management the	70995
following:	70996

(A) An estimated operating budget for each fiscal year of the	70997
biennium. The operating budget shall be submitted at or near the	70998
beginning of each calendar year.	70999

(B) Financial reports, indicating actual receipts and	71000
expenditures for the fiscal year to date. These reports shall be	71001
filed at least semiannually during the fiscal biennium.	71002

The foregoing appropriations shall be considered to be the	71003
contractual consideration provided by the state to support the	71004
state's offer to contract with the Ohio Historical Society under	71005
section 149.30 of the Revised Code.	71006

STATE ARCHIVES

71007

Of the foregoing appropriation item 360-501, Operating	71008
Subsidy, $300,000 in each fiscal year shall be used for the State	71009
Archives, Library, and Artifact Collections program.	71010

HAYES PRESIDENTIAL CENTER

71011

If a United States government agency, including, but not	71012
limited to, the National Park Service, chooses to take over the	71013
operations or maintenance of the Hayes Presidential Center, in	71014
whole or in part, the Ohio Historical Society shall make	71015
arrangements with the National Park Service or other United States	71016
government agency for the efficient transfer of operations or	71017
maintenance.	71018

HISTORICAL GRANTS

71019

Of the foregoing appropriation item 360-508, State Historical	71020
Grants, $60,000 in fiscal year 2008 shall be distributed to the	71021
Paul Laurence Dunbar Home, $75,000 in each fiscal year shall be	71022
distributed to the Center for Holocaust and Humanity Education	71023
located at the Hebrew Union College-Jewish Institute of Religion	71024
in Cincinnati, $350,000 in each fiscal year shall be distributed	71025
to the Western Reserve Historical Society, $350,000 in each fiscal	71026
year shall be distributed to the Cincinnati Museum Center, and up	71027
to $18,000 in fiscal year 2008 shall be distributed to the	71028
Muskingum River Underground Railroad Historic Marker Project.	71029

PROCESSING FEES

71030

The Ohio Historical Society shall not charge or retain an	71031
administrative, service, or processing fee for distributing money	71032
that the General Assembly appropriates to the Society for grants	71033
or subsidies that the Society provides to other entities for their	71034
site-related programs.	71035

Section 301.10. REP OHIO HOUSE OF REPRESENTATIVES

71036

General Revenue Fund

71037

GRF	025-321		Operating Expenses		$	20,574,568		$	20,574,568		71038
TOTAL GRF General Revenue Fund					$	20,574,568		$	20,574,568		71039

General Services Fund Group

71040

103	025-601	House Reimbursement	$	1,433,664	$	1,433,664	71041
4A4	025-602	Miscellaneous Sales	$	37,849	$	37,849	71042
TOTAL GSF General Services							71043
Fund Group			$	1,471,513	$	1,471,513	71044
TOTAL ALL BUDGET FUND GROUPS			$	22,046,081	$	22,046,081	71045

OPERATING EXPENSES

71046

On July 1, 2007, or as soon as possible thereafter, the Chief	71047
Administrative Officer of the House of Representatives shall	71048
certify to the Director of Budget and Management the total fiscal	71049
year 2007 unencumbered appropriations in appropriation item	71050
025-321, Operating Expenses. The Chief Administrative Officer may	71051
direct the Director of Budget and Management to transfer an amount	71052
not to exceed the total fiscal year 2007 unencumbered	71053
appropriations to fiscal year 2008 for use within appropriation	71054
item 025-321, Operating Expenses. Additional appropriation	71055
authority equal to the amount certified by the Chief	71056
Administrative Officer is hereby appropriated to appropriation	71057
item 025-321, Operating Expenses, in fiscal year 2008.	71058

On July 1, 2008, or as soon as possible thereafter, the Chief	71059
Administrative Officer of the House of Representatives shall	71060
certify to the Director of Budget and Management the total fiscal	71061
year 2008 unencumbered appropriations in appropriation item	71062
025-321, Operating Expenses. The Chief Administrative Officer may	71063
direct the Director of Budget and Management to transfer an amount	71064
not to exceed the total fiscal year 2008 unencumbered	71065
appropriations to fiscal year 2009 for use within appropriation	71066
item 025-321, Operating Expenses. Additional appropriation	71067
authority equal to the amount certified by the Chief	71068
Administrative Officer is hereby appropriated to appropriation	71069
item 025-321, Operating Expenses, in fiscal year 2009.	71070

Section 303.10. HFA OHIO HOUSING FINANCE AGENCY

71071

Agency Fund Group

71072

5AZ	997-601	Housing Finance Agency Personal Services	$	9,750,953	$	10,237,491	71073
TOTAL AGY Agency Fund Group			$	9,750,953	$	10,237,491	71074
TOTAL ALL BUDGET FUND GROUPS			$	9,750,953	$	10,237,491	71075

Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

71077

General Revenue Fund

71078

GRF	965-321		Operating Expenses		$	1,367,372		$	1,437,901		71079
TOTAL GRF General Revenue Fund					$	1,367,372		$	1,437,901		71080

General Services Fund Group

71081

4Z3	965-602	Special Investigations	$	425,000	$	425,000	71082
TOTAL GSF General Services Fund Group			$	425,000	$	425,000	71083
TOTAL ALL BUDGET FUND GROUPS			$	1,792,372	$	1,862,901	71084

Section 307.10. INS DEPARTMENT OF INSURANCE

71086

Federal Special Revenue Fund Group

71087

3U5	820-602	OSHIIP Operating Grant	$	1,100,000	$	1,100,000	71088
TOTAL FED Federal Special							71089
Revenue Fund Group			$	1,100,000	$	1,100,000	71090

State Special Revenue Fund Group

71091

554	820-601	Operating Expenses - OSHIIP	$	553,750	$	569,269	71092
554	820-606	Operating Expenses	$	23,350,236	$	23,802,797	71093
555	820-605	Examination	$	7,639,581	$	7,868,768	71094
TOTAL SSR State Special Revenue							71095
Fund Group			$	31,543,567	$	32,240,834	71096
TOTAL ALL BUDGET FUND GROUPS			$	32,643,567	$	33,340,834	71097

MARKET CONDUCT EXAMINATION

71098

When conducting a market conduct examination of any insurer	71099
doing business in this state, the Superintendent of Insurance may	71100
assess the costs of the examination against the insurer. The	71101
superintendent may enter into consent agreements to impose	71102
administrative assessments or fines for conduct discovered that	71103
may be violations of statutes or rules administered by the	71104
superintendent. All costs, assessments, or fines collected shall	71105
be deposited to the credit of the Department of Insurance	71106
Operating Fund (Fund 554).	71107

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

71108

The Director of Budget and Management, at the request of the	71109
Superintendent of Insurance, may transfer funds from the	71110
Department of Insurance Operating Fund (Fund 554), established by	71111
section 3901.021 of the Revised Code, to the Superintendent's	71112
Examination Fund (Fund 555), established by section 3901.071 of	71113
the Revised Code, only for expenses incurred in examining domestic	71114
fraternal benefit societies as required by section 3921.28 of the	71115
Revised Code.	71116

TRANSFER FROM FUND 554 TO GENERAL REVENUE FUND

71117

Not later than the thirty-first day of July each fiscal year,	71118
the Director of Budget and Management shall transfer $5,000,000	71119
from the Department of Insurance Operating Fund to the General	71120
Revenue Fund.	71121

Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

71122

General Revenue Fund

71123

GRF	600-321	Support Services					71124
		State	$	50,785,978	$	52,571,413	71125
		Federal	$	10,460,286	$	11,290,237	71126
		Support Services Total	$	61,246,264	$	63,861,650	71127
GRF	600-410	TANF State	$	272,619,061	$	272,619,061	71128
GRF	600-413	Child Care Match/Maintenance of Effort	$	84,120,596	$	84,120,596	71129
GRF	600-416	Computer Projects					71130
		State	$	115,383,181	$	116,419,033	71131
		Federal	$	21,488,920	$	21,192,117	71132
		Computer Projects Total	$	136,872,101	$	137,611,150	71133
GRF	600-417	Medicaid Provider Audits	$	2,000,000	$	2,000,000	71134
GRF	600-420	Child Support Administration	$	8,541,446	$	10,641,446	71135
GRF	600-421	Office of Family Stability	$	4,614,932	$	4,614,932	71136
GRF	600-423	Office of Children and Families	$	5,650,000	$	5,900,000	71137
GRF	600-425	Office of Ohio Health Plans					71138
		State	$	22,500,000	$	22,500,000	71139
		Federal	$	23,324,848	$	23,418,368	71140
		Office of Ohio Health Plans Total	$	45,824,848	$	45,918,368	71141
GRF	600-502	Administration - Local	$	34,014,103	$	34,014,103	71142
GRF	600-511	Disability Financial Assistance	$	22,128,480	$	25,335,908	71143
GRF	600-512	Non-TANF Disaster Assistance	$	1,000,000	$	1,000,000	71144
GRF	600-521	Entitlement Administration - Local	$	130,000,000	$	130,000,000	71145
GRF	600-523	Children and Families Services	$	78,115,135	$	78,115,135	71146
GRF	600-525	Health Care/Medicaid					71147
		State	$	3,420,852,719	$	3,547,124,242	71148
		Federal	$	5,208,659,435	$	5,714,381,823	71149
		Health Care Total	$	8,629,512,154	$	9,261,506,065	71150
GRF	600-526	Medicare Part D	$	254,397,401	$	271,854,640	71151
GRF	600-528	Adoption Services					71152
		State	$	37,520,466	$	43,978,301	71153
		Federal	$	41,304,043	$	49,196,065	71154
		Adoption Services Total	$	78,824,509	$	93,174,366	71155
GRF	600-534	Adult Protective Services	$	500,000	$	500,000	71156
TOTAL GRF General Revenue Fund							71157
		State	$	4,544,743,498	$	4,703,308,810	71158
		Federal	$	5,305,237,532	$	5,819,478,610	71159
		GRF Total	$	9,849,981,030	$	10,522,787,420	71160

General Services Fund Group

71161

4A8	600-658	Child Support Collections	$	26,680,794	$	26,680,794	71162
4R4	600-665	BCII Services/Fees	$	36,974	$	36,974	71163
5BG	600-653	Managed Care Assessment	$	210,655,034	$	222,667,304	71164
5C9	600-671	Medicaid Program Support	$	80,120,048	$	80,120,048	71165
5DL	600-639	Medicaid Revenue and Collections	$	51,966,785	$	56,296,844	71166
5N1	600-677	County Technologies	$	1,000,000	$	1,000,000	71167
5P5	600-692	Health Care Services	$	93,000,000	$	62,000,000	71168
613	600-645	Training Activities	$	135,000	$	135,000	71169
TOTAL GSF General Services							71170
Fund Group			$	463,594,635	$	448,936,964	71171

Federal Special Revenue Fund Group

71172

3AW	600-675	Faith Based Initiatives	$	1,000,000	$	1,000,000	71173
3A2	600-641	Emergency Food Distribution	$	2,900,000	$	3,500,000	71174
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	71175
3F0	600-623	Health Care Federal	$	1,209,188,383	$	1,211,196,561	71176
3F0	600-650	Hospital Care Assurance Match	$	343,239,047	$	343,239,047	71177
3G5	600-655	Interagency Reimbursement	$	1,469,763,073	$	1,513,855,965	71178
3H7	600-617	Child Care Federal	$	207,269,463	$	200,167,593	71179
3N0	600-628	IV-E Foster Care Maintenance	$	153,963,142	$	153,963,142	71180
3S5	600-622	Child Support Projects	$	534,050	$	534,050	71181
3V0	600-688	Workforce Investment Act	$	232,568,453	$	233,082,144	71182
3V4	600-678	Federal Unemployment Programs	$	147,411,858	$	152,843,414	71183
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	3,092,890	$	3,191,862	71184
3V6	600-689	TANF Block Grant	$	1,037,739,200	$	1,085,861,099	71185
3W3	600-659	TANF/Title XX Transfer	$	10,081,377	$	6,672,366	71186
327	600-606	Child Welfare	$	48,514,502	$	47,947,309	71187
331	600-686	Federal Operating	$	53,963,318	$	56,263,225	71188
384	600-610	Food Stamps and State Administration	$	160,237,060	$	153,147,118	71189
385	600-614	Refugee Services	$	10,196,547	$	11,057,826	71190
395	600-616	Special Activities/Child and Family Services	$	5,723,131	$	5,717,151	71191
396	600-620	Social Services Block Grant	$	114,479,464	$	114,474,085	71192
396	600-651	Second Harvest Food Banks	$	5,500,000	$	5,500,000	71193
397	600-626	Child Support	$	303,661,307	$	303,538,962	71194
398	600-627	Adoption Maintenance/ Administration	$	318,172,168	$	317,483,676	71195
TOTAL FED Federal Special Revenue							71196
Fund Group			$	5,841,238,957	$	5,926,277,119	71197

State Special Revenue Fund Group

71198

198	600-647	Children's Trust Fund	$	6,788,522	$	6,788,522	71199
4A9	600-607	Unemployment Compensation Administration Fund	$	12,273,062	$	12,188,996	71200
4A9	600-694	Unemployment Compensation Review Commission	$	1,726,938	$	1,811,004	71201
4E3	600-605	Nursing Home Assessments	$	4,759,914	$	4,759,914	71202
4E7	600-604	Child and Family Services Collections	$	300,000	$	300,000	71203
4J5	600-613	Nursing Facility Bed Assessments	$	34,613,984	$	34,613,984	71204
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	71205
4K1	600-621	ICF/MR Bed Assessments	$	19,332,437	$	19,332,437	71206
4R3	600-687	Banking Fees	$	800,000	$	800,000	71207
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	71208
5DB	600-637	Military Injury Grants	$	2,000,000	$	2,000,000	71209
5ES	600-630	Food Assistance	$	500,000	$	500,000	71210
5F2	600-667	Building Consolidation	$	250,000	$	250,000	71211
5F3	600-668	Building Consolidation	$	1,000,000	$	1,000,000	71212
5Q9	600-619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	71213
5R2	600-608	Medicaid-Nursing Facilities	$	175,000,000	$	175,000,000	71214
5S3	600-629	MR/DD Medicaid Administration and Oversight	$	1,620,960	$	1,620,960	71215
5U3	600-654	Health Care Services Administration	$	9,867,284	$	12,000,349	71216
5U6	600-663	Children and Family Support	$	4,928,718	$	4,928,718	71217
5Z9	600-672	TANF Quality Control Reinvestments	$	520,971	$	546,254	71218
651	600-649	Hospital Care Assurance Program Fund	$	231,893,404	$	231,893,404	71219
TOTAL SSR State Special Revenue							71220
Fund Group			$	590,002,192	$	592,160,540	71221

Agency Fund Group

71222

192	600-646	Support Intercept - Federal	$	110,000,000	$	110,000,000	71223
5B6	600-601	Food Stamp Intercept	$	2,000,000	$	2,000,000	71224
583	600-642	Support Intercept - State	$	16,000,000	$	16,000,000	71225
TOTAL AGY Agency Fund Group			$	128,000,000	$	128,000,000	71226

Holding Account Redistribution Fund Group

71227

R12	600-643	Refunds and Audit Settlements	$	3,600,000	$	3,600,000	71228
R13	600-644	Forgery Collections	$	10,000	$	10,000	71229
TOTAL 090 Holding Account Redistribution Fund Group			$	3,610,000	$	3,610,000	71230
TOTAL ALL BUDGET FUND GROUPS			$	16,876,426,814	$	17,621,772,043	71231

Section 309.20. SUPPORT SERVICES

71233

Section 309.20.10. GOVERNOR'S OFFICE OF FAITH-BASED AND	71234
COMMUNITY INITIATIVES	71235

Of the foregoing appropriation item 600-321, Support	71236
Services, up to $312,500 per fiscal year may be used to support	71237
the activities of the Governor's Office of Faith-Based and	71238
Community Initiatives.	71239

Section 309.20.15. OPERATIONS INDUSTRIALIZATION CENTERS

71240

Of the foregoing appropriation item 600-321, Support	71241
Services, $75,000 in each fiscal year shall be provided to the	71242
Operations Industrialization Centers of Clark County.	71243

Section 309.20.30. AGENCY FUND GROUP

71244

The Agency Fund Group and Holding Account Redistribution Fund	71245
Group shall be used to hold revenues until the appropriate fund is	71246
determined or until the revenues are directed to the appropriate	71247
governmental agency other than the Department of Job and Family	71248
Services. If it is determined that additional appropriation	71249
authority is necessary, such amounts are hereby appropriated.	71250

Section 309.30. MEDICAID

71251

Section 309.30.05. ELECTRONIC MEDICAID APPLICATIONS

71252

The Department of Job and Family Services shall assist county	71253
departments of job and family services to develop and obtain	71254
electronic databases and other necessary systems through a	71255
competitive process to comply with section 5111.017 of the Revised	71256
Code.	71257

Section 309.30.10. HEALTH CARE/MEDICAID

71258

The foregoing appropriation item 600-525, Health	71259
Care/Medicaid, shall not be limited by section 131.33 of the	71260
Revised Code.	71261

Section 309.30.13. CHILDREN'S HOSPITALS

71262

(A) As used in this section:

71263

"Children's hospital" means a hospital that primarily serves	71264
patients eighteen years of age and younger and is excluded from	71265
Medicare prospective payment in accordance with 42 C.F.R.	71266
412.23(d).	71267

"Medicaid inpatient cost-to-charge ratio" means the historic	71268
Medicaid inpatient cost-to-charge ratio applicable to a hospital	71269
as described in rules adopted by the Director of Job and Family	71270
Services in paragraph (B)(2) of rule 5101:3-2-22 of the	71271
Administrative Code.	71272

(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of	71273
the Administrative Code and except as provided in division (C) of	71274
this section, the Director of Job and Family Services shall pay a	71275
children's hospital that meets the criteria in paragraphs (E)(1)	71276
and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each	71277
cost outlier claim made in fiscal years 2008 and 2009, an amount	71278
that is the product of the hospital's allowable charges and the	71279
hospital's Medicaid inpatient cost-to-charge ratio.	71280

(C) The Director of Job and Family Services shall cease	71281
paying a children's hospital for a cost outlier claim under the	71282
methodology in division (B) of this section and revert to paying	71283
the hospital for such a claim according to methodology in	71284
paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the	71285
Administrative Code, as applicable, when the difference between	71286
the total amount the Director has paid according to the	71287
methodology in division (B) of this section for such claims and	71288
the total amount the Director would have paid according to the	71289
methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of	71290
the Administrative Code, as the applicable paragraph existed on	71291
June 30, 2007, for such claims, exceeds the sum of the state funds	71292
and corresponding federal match earmarked in division (F) of this	71293
section for the applicable fiscal year.	71294

(D) The Director of Job and Family Services shall make	71295
supplemental Medicaid payments to hospitals for inpatient services	71296
under a program modeled after the program the Department of Job	71297
and Family Services was required to create for fiscal years 2006	71298
and 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the 126th	71299
General Assembly if the difference between the total amount the	71300
Director has paid according to the methodology in division (B) of	71301
this section for cost outlier claims and the total amount the	71302
Director would have paid according to the methodology in paragraph	71303
(A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code	71304
for such claims, as the applicable paragraph existed on June 30,	71305
2007, does not require the expenditure of all state and federal	71306
funds earmarked in division (F) of this section for the applicable	71307
fiscal year.	71308

(E) The Director of Job and Family Services shall not adopt,	71309
amend, or rescind any rules that would result in decreasing the	71310
amount paid to children's hospitals under division (B) of this	71311
section for cost outlier claims.	71312

(F) Of the foregoing appropriation item, 600-525, Health	71313
Care/Medicaid, up to $6 million (state share) in each fiscal year	71314
plus the corresponding federal match, if available, shall be used	71315
by the Department to pay the amounts described in division (B) of	71316
this section.	71317

Section 309.30.16. MEDICAID RESERVE FUND

71318

The Medicaid Reserve Fund is hereby created in the state	71319
treasury.	71320

Not later than July 31, 2007, or as soon as possible	71321
thereafter, the Director of Budget and Management shall transfer,	71322
for fiscal year 2008, $120,000,000 in cash from the General	71323
Revenue Fund to the Medicaid Reserve Fund.	71324

If at any time during fiscal year 2008 the Director of Budget	71325
and Management determines that additional appropriations are	71326
needed in appropriation item 600-525, Health Care/Medicaid, to	71327
fund the Medicaid Program, the Director of Budget and Management	71328
may submit a request to the Controlling Board to transfer cash	71329
from the Medicaid Reserve Fund. The request shall state the	71330
reasons for the transfer and the additional amounts being	71331
requested. The request shall be submitted at a regularly scheduled	71332
meeting of the Controlling Board. If the Controlling Board	71333
approves the transfer, the Director of Budget and Management shall	71334
transfer the approved amount of cash from the Medicaid Reserve	71335
Fund to the General Revenue Fund and increase the state share of	71336
appropriations in appropriation item 600-525, Health	71337
Care/Medicaid, and adjust the federal share accordingly. Any such	71338
transfers and adjustments are hereby appropriated.	71339

At the end of fiscal year 2008, the Director of Budget and	71340
Management shall transfer from the Medicaid Reserve Fund all the	71341
cash balance, including any interest earnings, in excess of any	71342
transfers approved by the Controlling Board to the credit of the	71343
General Revenue Fund. The Director of Budget and Management shall	71344
make transfers to the Budget Stabilization Fund or the Income Tax	71345
Reduction Fund in accordance with section 131.44 of the Revised	71346
Code.	71347

Not later than July 31, 2008, or as soon as possible	71348
thereafter, the Director of Budget and Management shall transfer,	71349
for fiscal year 2009, $205,000,000 in cash from the General	71350
Revenue Fund to the Medicaid Reserve Fund.	71351

If at any time during fiscal year 2009 the Director of Budget	71352
and Management determines that additional appropriations are	71353
needed in appropriation item 600-525, Health Care/Medicaid, to	71354
fund the Medicaid Program, the Director of Budget and Management	71355
may submit a request to the Controlling Board to transfer cash	71356
from the Medicaid Reserve Fund. The request shall state the	71357
reasons for the transfer and the additional amounts being	71358
requested. The request shall be submitted at a regularly scheduled	71359
meeting of the Controlling Board. If the Controlling Board	71360
approves the transfer, the Director of Budget and Management shall	71361
transfer the approved amount of cash from the Medicaid Reserve	71362
Fund to the General Revenue Fund and increase the state share of	71363
appropriations in appropriation item 600-525, Health	71364
Care/Medicaid, and adjust the federal share accordingly. Any such	71365
transfers and adjustments are hereby appropriated.	71366

At the end of fiscal year 2009, the Director of Budget and	71367
Management shall transfer from the Medicaid Reserve Fund all the	71368
cash balance, including any interest earnings, in excess of any	71369
transfers approved by the Controlling Board to the credit of the	71370
General Revenue Fund. The Director of Budget and Management shall	71371
make transfers to the Budget Stabilization Fund and the Income Tax	71372
Reduction Fund in accordance with section 131.44 of the Revised	71373
Code.	71374

Section 309.30.18. MEDICAID PROVIDER AUDITS

71375

Of the foregoing appropriation item 600-417, Medicaid	71376
Provider Audits, $2,000,000 each fiscal year shall be used by the	71377
Auditor of State, in consultation with the Department of Job and	71378
Family Services, to perform audits of providers of Medicaid	71379
services as defined in section 117.10 of the Revised Code.	71380

Section 309.30.20. FISCAL YEAR 2008 MEDICAID REIMBURSEMENT	71381
SYSTEM FOR NURSING FACILITIES	71382

(A) As used in this section:

71383

"Franchise permit fee," "Medicaid days," "nursing facility,"	71384
and "provider" have the same meanings as in section 5111.20 of the	71385
Revised Code.	71386

"Nursing facility services" means nursing facility services	71387
covered by the Medicaid program that a nursing facility provides	71388
to a resident of the nursing facility who is a Medicaid recipient	71389
eligible for Medicaid-covered nursing facility services.	71390

(B) Except as otherwise provided by this section, the	71391
provider of a nursing facility that has a valid Medicaid provider	71392
agreement on June 30, 2007, and a valid Medicaid provider	71393
agreement during fiscal year 2008 shall be paid, for nursing	71394
facility services the nursing facility provides during fiscal year	71395
2008, the rate calculated for the nursing facility under sections	71396
5111.20 to 5111.33 of the Revised Code with the following	71397
adjustments:	71398

(1) The cost per case mix-unit calculated under section	71399
5111.231 of the Revised Code, the rate for ancillary and support	71400
costs calculated under section 5111.24 of the Revised Code, the	71401
rate for capital costs calculated under section 5111.25 of the	71402
Revised Code, and the rate for tax costs calculated under section	71403
5111.242 of the Revised Code shall each be adjusted as follows:	71404

(a) Increase the cost and rates so calculated by two per	71405
cent;	71406

(b) Increase the cost and rates determined under division	71407
(B)(1)(a) of this section by two per cent;	71408

(c) Increase the cost and rates determined under division	71409
(B)(1)(b) of this section by two and eight-tenths per cent.	71410

(2) The mean payment used in the calculation of the quality	71411
incentive payment made under section 5111.244 of the Revised Code	71412
shall be, weighted by Medicaid days, three dollars and six cents	71413
per Medicaid day.	71414

(C) If the rate determined for a nursing facility under	71415
division (B) of this section for nursing facility services	71416
provided during fiscal year 2008 is more than one hundred nine and	71417
eighty-five hundredths per cent of the rate the provider is paid	71418
for nursing facility services the nursing facility provides on	71419
June 30, 2007, the Department of Job and Family Services shall	71420
reduce the nursing facility's fiscal year 2008 rate so that the	71421
rate is not more than one hundred nine and eighty-five hundredths	71422
per cent of the nursing facility's rate for June 30, 2007. If the	71423
rate determined for a nursing facility under division (B) of this	71424
section for nursing facility services provided during fiscal year	71425
2008 is less than the rate the provider is paid for nursing	71426
facility services the nursing facility provides on June 30, 2007,	71427
the Department shall increase the nursing facility's fiscal year	71428
2008 rate so that the rate is not less than the nursing facility's	71429
rate for June 30, 2007.	71430

(D) If the United States Centers for Medicare and Medicaid	71431
Services requires that the franchise permit fee be reduced or	71432
eliminated, the Department of Job and Family Services shall reduce	71433
the amount it pays providers of nursing facility services under	71434
this section as necessary to reflect the loss to the state of the	71435
revenue and federal financial participation generated from the	71436
franchise permit fee.	71437

(E) The Department of Job and Family Services shall follow	71438
this section in determining the rate to be paid to the provider of	71439
a nursing facility that has a valid Medicaid provider agreement on	71440
June 30, 2007, and a valid Medicaid provider agreement during	71441
fiscal year 2008 notwithstanding anything to the contrary in	71442
sections 5111.20 to 5111.33 of the Revised Code.	71443

Section 309.30.30. FISCAL YEAR 2009 MEDICAID REIMBURSEMENT	71444
SYSTEM FOR NURSING FACILITIES	71445

(A) As used in this section:

71446

"Franchise permit fee," "Medicaid days," "nursing facility,"	71447
and "provider" have the same meanings as in section 5111.20 of the	71448
Revised Code.	71449

"Nursing facility services" means nursing facility services	71450
covered by the Medicaid program that a nursing facility provides	71451
to a resident of the nursing facility who is a Medicaid recipient	71452
eligible for Medicaid-covered nursing facility services.	71453

(B) Except as otherwise provided by this section, the	71454
provider of a nursing facility that has a valid Medicaid provider	71455
agreement on June 30, 2008, and a valid Medicaid provider	71456
agreement during fiscal year 2009 shall be paid, for nursing	71457
facility services the nursing facility provides during fiscal year	71458
2009, the rate calculated for the nursing facility under sections	71459
5111.20 to 5111.33 of the Revised Code with the following	71460
adjustments:	71461

(1) The cost per case mix-unit calculated under section	71462
5111.231 of the Revised Code, the rate for ancillary and support	71463
costs calculated under section 5111.24 of the Revised Code, the	71464
rate for capital costs calculated under section 5111.25 of the	71465
Revised Code, and the rate for tax costs calculated under section	71466
5111.242 of the Revised Code shall each be adjusted as follows:	71467

(a) Increase the cost and rates so calculated by two per	71468
cent;	71469

(b) Increase the cost and rates determined under division	71470
(B)(1)(a) of this section by two per cent;	71471

(c) Increase the cost and rates determined under division	71472
(B)(1)(b) of this section by two and eight-tenths per cent;	71473

(d) Increase the cost and rates determined under division	71474
(B)(1)(c) of this section by one half of a per cent.	71475

(2) The mean payment used in the calculation of the quality	71476
incentive payment made under section 5111.244 of the Revised Code	71477
shall be, weighted by Medicaid days, three dollars and twelve	71478
cents per Medicaid day.	71479

(C) If the rate determined for a nursing facility under	71480
division (B) of this section for nursing facility services	71481
provided during fiscal year 2009 is more than the rate the	71482
provider is paid for nursing facility services the nursing	71483
facility provides on June 30, 2008, the Department of Job and	71484
Family Services shall reduce the nursing facility's fiscal year	71485
2009 rate so that the rate is not more than the nursing facility's	71486
rate for June 30, 2008. If the rate determined for a nursing	71487
facility under division (B) of this section for nursing facility	71488
services provided during fiscal year 2009 is less than the rate	71489
the provider is paid for nursing facility services the nursing	71490
facility provides on June 30, 2008, the Department shall increase	71491
the nursing facility's fiscal year 2009 rate so that the rate is	71492
not less than the nursing facility's rate for June 30, 2008.	71493

(D) If the United States Centers for Medicare and Medicaid	71494
Services requires that the franchise permit fee be reduced or	71495
eliminated, the Department of Job and Family Services shall reduce	71496
the amount it pays providers of nursing facility services under	71497
this section as necessary to reflect the loss to the state of the	71498
revenue and federal financial participation generated from the	71499
franchise permit fee.	71500

(E) The Department of Job and Family Services shall follow	71501
this section in determining the rate to be paid to the provider of	71502
a nursing facility that has a valid Medicaid provider agreement on	71503
June 30, 2008, and a valid Medicaid provider agreement during	71504
fiscal year 2009 notwithstanding anything to the contrary in	71505
sections 5111.20 to 5111.33 of the Revised Code.	71506

Section 309.30.40. FISCAL YEARS 2008 AND 2009 MEDICAID	71507
REIMBURSEMENT SYSTEM FOR ICFs/MR	71508

(A) As used in this section:

71509

"Intermediate care facility for the mentally retarded" has	71510
the same meaning as in section 5111.20 of the Revised Code.	71511

"Medicaid days" means all days during which a resident who is	71512
a Medicaid recipient occupies a bed in an intermediate care	71513
facility for the mentally retarded that is included in the	71514
facility's Medicaid-certified capacity. Therapeutic or hospital	71515
leave days for which payment is made under section 5111.33 of the	71516
Revised Code are considered Medicaid days proportionate to the	71517
percentage of the intermediate care facility for the mentally	71518
retarded's per resident per day rate paid for those days.	71519

"Per diem rate" means the per diem rate calculated pursuant	71520
to sections 5111.20 to 5111.33 of the Revised Code.	71521

(B) Notwithstanding sections 5111.20 to 5111.33 of the	71522
Revised Code, rates paid to intermediate care facilities for the	71523
mentally retarded under the Medicaid program shall be subject to	71524
the following limitations:	71525

(1) For fiscal year 2008, the mean total per diem rate for	71526
all intermediate care facilities for the mentally retarded in the	71527
state, weighted by May 2007 Medicaid days and calculated as of	71528
July 1, 2007, shall not exceed $266.14.	71529

(2) For fiscal year 2009, the mean total per diem rate for	71530
all intermediate care facilities for the mentally retarded in the	71531
state, weighted by May 2008 Medicaid days and calculated as of	71532
July 1, 2008, shall not exceed $271.46.	71533

(3) If the mean total per diem rate for all intermediate care	71534
facilities for the mentally retarded in the state for fiscal year	71535
2008 or 2009, weighted by Medicaid days as specified in division	71536
(B)(1) or (2) of this section, as appropriate, and calculated as	71537
of the first day of July of the calendar year in which the fiscal	71538
year begins, exceeds the amount specified in division (B)(1) or	71539
(2) of this section, as applicable, the Department of Job and	71540
Family Services shall reduce the total per diem rate for each	71541
intermediate care facility for the mentally retarded in the state	71542
by a percentage that is equal to the percentage by which the mean	71543
total per diem rate exceeds the amount specified in division	71544
(B)(1) or (2) of this section for that fiscal year.	71545

(4) Subsequent to any reduction required by division (B)(3)	71546
of this section, the rate of an intermediate care facility for the	71547
mentally retarded shall not be subject to any adjustments	71548
authorized by sections 5111.20 to 5111.33 of the Revised Code	71549
during the remainder of the year.	71550

Section 309.30.43. ICF/MR REIMBURSEMENT STUDY COUNCIL

71551

(A) There is hereby created the ICF/MR Reimbursement Study	71552
Council consisting of all of the following members:	71553

(1) The Director of Job and Family Services;

71554

(2) The Deputy Director of the Office of Ohio Health Plans of	71555
the Department of Job and Family Services;	71556

(3) The Director of Mental Retardation and Developmental	71557
Disabilities;	71558

(4) One representative of Medicaid recipients residing in	71559
intermediate care facilities for the mentally retarded, appointed	71560
by the Governor;	71561

(5) Two representatives of each of the following	71562
organizations, appointed by their respective governing bodies:	71563

(a) The Ohio Provider Resource Association;

71564

(b) The Ohio Health Care Association.

71565

Initial appointments of members described in divisions (A)(4)	71566
and (5) of this section shall be made not later than thirty days	71567
after the effective date of this section. Vacancies shall be	71568
filled in the same manner as the original appointments. Members	71569
described in those divisions shall serve at the pleasure of the	71570
official or governing body making the appointment of the member.	71571

The Director of Job and Family Services shall serve as	71572
chairperson of the council. Members of the council shall serve	71573
without compensation, except to the extent that serving on the	71574
council is part of their regular duties of employment.	71575

(B) The council shall review the system established by	71576
sections 5111.20 to 5111.33 of the Revised Code for reimbursing	71577
intermediate care facilities for the mentally retarded under the	71578
Medicaid program. Not later than July 1, 2008, the council shall	71579
issue a report of its activities, findings, and recommendations to	71580
the Governor, the Speaker of the House of Representatives, and the	71581
President of the Senate.	71582

(C) In its consideration of the system for reimbursing	71583
intermediate care facilities for the mentally retarded under	71584
division (B) of this section, the council shall use the following	71585
principles:	71586

(1) The system should appropriately account for differences	71587
in acuity and service needs among individuals in institutional	71588
care facilities for the mentally retarded.	71589

(2) The system should support and encourage quality services,	71590
including both of the following elements:	71591

(a) A high level of coverage of direct care costs;

71592

(b) Pay for performance mechanisms.

71593

(3) The system should reflect appropriate recognition that	71594
virtually all individuals served in intermediate care facilities	71595
for the mentally retarded are Medicaid recipients.	71596

(4) The system should encourage cost-effective service	71597
delivery.	71598

(5) The system should encourage innovation in service	71599
delivery.	71600

(6) The system should encourage appropriate maintenance,	71601
improvement, and replacement of facilities.	71602

(D) The council ceases to exist on the submission of a report	71603
under division (B) of this section.	71604

Section 309.30.45. INCREASE IN MEDICAID RATES FOR PASSPORT	71605
SERVICES	71606

As used in this section, "PASSPORT program" means the program	71607
created under section 173.40 of the Revised Code.	71608

The Director of Job and Family Services shall amend the rules	71609
adopted under section 5111.85 of the Revised Code as necessary to	71610
accomplish the following:	71611

(A) Increase, for fiscal year 2008, the Medicaid	71612
reimbursement rates for services provided under the PASSPORT	71613
program to rates that result in an amount that is three per cent	71614
higher than the amount resulting from the rates in effect June 30,	71615
2007.	71616

(B) Increase, for fiscal year 2009, the Medicaid	71617
reimbursement rates for services provided under the PASSPORT	71618
program to rates that result in an amount that is three per cent	71619
higher than the amount resulting from the rates in effect June 30,	71620
2008.	71621

Section 309.30.50. HOME FIRST PROGRAM

71622

(A) On a quarterly basis, on receipt of the certified	71623
expenditures related to section 173.401 of the Revised Code, the	71624
Director of Budget and Management shall do all of the following	71625
for fiscal years 2008 and 2009:	71626

(1) Transfer the state share of the amount of the actual	71627
expenditures from GRF appropriation item 600-525, Health	71628
Care/Medicaid, to GRF appropriation item 490-403, PASSPORT;	71629

(2) Increase the appropriation in Ohio Department of Aging	71630
Fund 3C4, appropriation item 490-607, PASSPORT, by the federal	71631
share of the amount of the actual expenditures;	71632

(3) Increase the appropriation in JFS Fund 3G5, appropriation	71633
item 600-655, Interagency Reimbursement, by the federal share of	71634
the amount of the actual expenditures.	71635

The funds that the Director of Budget and Management	71636
transfers and increases under this division are hereby	71637
appropriated.	71638

(B) The individuals placed in the PASSPORT program pursuant	71639
to this section shall be in addition to the individuals placed in	71640
the PASSPORT program during fiscal years 2008 and 2009 based on	71641
the amount of money that is in GRF appropriation item 490-403,	71642
PASSPORT; Fund 4J4, appropriation item 490-610,	71643
PASSPORT/Residential State Supplement; Fund 4U9, appropriation	71644
item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item	71645
490-607, PASSPORT, before any transfers to GRF appropriation item	71646
490-403, PASSPORT, and Fund 3C4, appropriation item 490-607,	71647
PASSPORT, are made under this section.	71648

Section 309.30.53. RESIDENTIAL STATE SUPPLEMENT TRANSFER

71649

On a quarterly basis, on receipt of the certified residential	71650
state supplement costs related to section 173.351 of the Revised	71651
Code, the Director of Budget and Management shall do the	71652
following:	71653

(A) Transfer the state share of the amount of the estimated	71654
costs from GRF appropriation item 600-525, Health Care/Medicaid,	71655
to GRF appropriation item 490-412, Residential State Supplement;	71656

(B) The Department of Aging may transfer cash by intrastate	71657
transfer vouchers from the foregoing appropriation item 490-412,	71658
Residential State Supplement, and 490-610, PASSPORT/Residential	71659
State Supplement, to the Department of Job and Family Services	71660
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	71661
funds shall be used to make benefit payments to Residential State	71662
Supplement recipients.	71663

The funds that the Director of Budget and Management	71664
transfers and increases under this division are hereby	71665
appropriated.	71666

Section 309.30.56. HEALTH ASSISTANCE FOR CHILDREN WITH	71667
CATASTROPHIC ILLNESS COUNCIL	71668

(A) There is hereby created the Health Assistance for	71669
Children with Catastrophic Illness Council. The Council shall	71670
consist of the following members:	71671

(1) The Director of Job and Family Services;

71672

(2) The Director of Health;

71673

(3) Three members of the Senate, not more than two of whom	71674
are members of the same political party, appointed by the	71675
President of the Senate;	71676

(4) Three members of the House of Representatives, not more	71677
than two of whom are members of the same political party,	71678
appointed by the Speaker of the House of Representatives.	71679

(B) The President of the Senate shall select one of the	71680
members of the Council who is a member of the Senate to serve as a	71681
co-chairperson of the Council. The Speaker shall select one of the	71682
members of the Council who is a member of the House of	71683
Representatives to serve as the other co-chairperson of the	71684
Council. Members of the Council shall serve without compensation	71685
or reimbursement of expenses, except to the extent that serving on	71686
the council is part of the council member's regular duties of	71687
employment.	71688

(C) The co-chairpersons shall call the Council to its first	71689
meeting not later than October 1, 2007. The Council shall study	71690
the feasibility, cost, and benefits of permitting individuals	71691
under nineteen years of age who have a catastrophic mental or	71692
physical illness or disability and family income exceeding three	71693
hundred per cent of the federal poverty guidelines to qualify for	71694
Medicaid under a buy-in mechanism, to receive assistance through	71695
either the Medicaid program or a state-only funded program in	71696
paying the premiums for private health insurance, or a combination	71697
of both. The Council shall include in its study the issue of who	71698
should qualify for assistance under such a buy-in mechanism,	71699
premium assistance program, or combination.	71700

(D) The Council shall issue a report not later than December	71701
31, 2007. The Council shall provide a copy of the report to the	71702
Governor and General Assembly and make the report available to the	71703
public. The Council shall cease to exist on the day the report is	71704
issued.	71705

(E) The Council's report shall include recommendations on all	71706
of the following:	71707

(1) Establishing a requirement that coverage under the	71708
mechanism, program, or combination at least include individuals	71709
under nineteen years of age who have family income exceeding three	71710
hundred per cent of the federal poverty guidelines and have been	71711
unable to obtain private health insurance for at least one year	71712
due to the severity of a catastrophic mental or physical illness	71713
or disability;	71714

(2) Establishing a prohibition against a numerical limit on	71715
the number of individuals who may participate in the mechanism,	71716
program, or combination;	71717

(3) Establishing a requirement that the mechanism, program,	71718
or combination include cost-sharing provisions.	71719

Section 309.30.60. MEDICAID COVERAGE OF CHIROPRACTIC SERVICES

71720

(A) As used in this section, "adult Medicaid recipient" means	71721
a Medicaid recipient twenty-two years of age or older.	71722

(B) For the period beginning January 1, 2008, and ending June	71723
30, 2009, and subject to division (C) of this section, the	71724
Medicaid Program shall cover chiropractic services for adult	71725
Medicaid recipients in an amount, duration, and scope specified in	71726
rules that the Director of Job and Family Services shall adopt	71727
under section 5111.02 of the Revised Code.	71728

(C) The Medicaid Program's coverage of chiropractic services	71729
under this section shall be limited to fifteen visits per adult	71730
Medicaid recipient per fiscal year.	71731

Section 309.30.70. MONEY FOLLOWS THE PERSON

71732

(A) Subject to division (B) of this section, the Director of	71733
Budget and Management may do any of the following in support of	71734
any home and community-based services waiver program:	71735

(1) Create new funds and account appropriation items to	71736
support and track funds associated with a unified long-term care	71737
budget;	71738

(2) Transfer funds among affected agencies and adjust	71739
corresponding appropriation levels;	71740

(3) Develop a reporting mechanism to show clearly how the	71741
funds are being transferred and expended.	71742

(B) Before an action may be taken under division (A) of this	71743
section, the Director shall present the proposed action to the	71744
Controlling Board. The Controlling Board shall review the proposed	71745
action and either approve or disapprove the action. The Director	71746
shall not implement the proposed action unless the action is	71747
approved by the Controlling Board.	71748

Section 309.30.90. MEDICAID ELIGIBILITY FOR PREGNANT WOMEN

71749

The Director of Job and Family Services shall, not later than	71750
ninety days after the effective date of this section, submit to	71751
the United States Secretary of Health and Human Services an	71752
amendment to the state Medicaid plan to increase to two hundred	71753
per cent of the federal poverty guidelines the income limit	71754
specified in division (A)(2) of section 5111.014 of the Revised	71755
Code. The increase shall be implemented not earlier than January	71756
1, 2008.	71757

* Section 309.30.95. MEDICAID BUY-IN ADVISORY COUNCIL

71758

The Director of Job and Family Services shall call the	71759
Medicaid Buy-In Advisory Council established under section	71760
5111.708 of the Revised Code to meet for the first time not later	71761
than sixty days after the effective date of this section.	71762

Section 309.31.10. MEDICARE PART D

71763

The foregoing appropriation item 600-526, Medicare Part D,	71764
may be used by the Department of Job and Family Services for the	71765
implementation and operation of the Medicare Part D requirements	71766
contained in the "Medicare Prescription Drug, Improvement, and	71767
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	71768
the request of the Department of Job and Family Services, the	71769
Director of Budget and Management may increase the state share of	71770
appropriations in either appropriation item 600-525, Health	71771
Care/Medicaid, or appropriation item 600-526, Medicare Part D,	71772
with a corresponding decrease in the state share of the other	71773
appropriation item to allow the Department of Job and Family	71774
Services to implement and operate the new Medicare Part D	71775
requirements. If the state share of appropriation item 600-525,	71776
Health Care/Medicaid, is adjusted, the Director of Budget and	71777
Management shall adjust the federal share accordingly.	71778

Section 309.31.13. INCREASE IN FISCAL YEAR 2008 DISPENSING	71779
FEE FOR MULTIPLE SOURCE DRUGS	71780

(A) As used in this section, "multiple source drug" has the	71781
same meaning as in 42 U.S.C. 1396r-8(k)(7).	71782

(B) Not later than thirty days after the effective date of	71783
the regulation that the United States Secretary of Health and	71784
Human Services must promulgate under Section 6001(c)(3) of the	71785
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, the Director	71786
of Job and Family Services shall analyze the fiscal impact that	71787
the federal upper reimbursement limits established under 42 U.S.C.	71788
1396r-8(e)(4), as amended by section 6001 of the "Deficit	71789
Reduction Act of 2005," will have on pharmacists in fiscal year	71790
2008. The fiscal impact analysis shall include a projection of the	71791
revenue a pharmacist is expected to lose during fiscal year 2008	71792
from each unit of multiple source drug dispensed to a Medicaid	71793
recipient.	71794

(C) Notwithstanding section 5111.071 of the Revised Code, and	71795
subject to division (D) of this section, the Director shall, not	71796
later than ten days after completing the analysis required by	71797
division (B) of this section, increase the dispensing fee to be	71798
paid to pharmacists with a valid Medicaid provider agreement for	71799
dispensing a multiple source drug to a Medicaid recipient in	71800
fiscal year 2008. The amount of the increase shall be determined	71801
in a manner that compensates pharmacists for the loss of revenue	71802
the Director projects, under division (B) of this section, that	71803
pharmacists, on average, will incur during fiscal year 2008.	71804

(D) The total amount the Director expends under division (C)	71805
of this section to pay the increase in the dispensing fee in	71806
fiscal year 2008 shall not exceed the total savings that the	71807
Medicaid program is projected to save in that year as a result of	71808
the changes to the federal upper reimbursement limits established	71809
in 42 U.S.C. 1396r-8(e)(4) that were enacted by section 6001 of	71810
the "Deficit Reduction Act of 2005."	71811

Section 309.31.16. INCREASE IN FISCAL YEAR 2009 DISPENSING	71812
FEE FOR MULTIPLE SOURCE DRUGS	71813

(A) As used in this section, "multiple source drug" has the	71814
same meaning as in 42 U.S.C. 1396r-8(k)(7).	71815

(B) Not later than March 15, 2008, the Director of Job and	71816
Family Services shall analyze the fiscal impact that the federal	71817
upper reimbursement limits established under 42 U.S.C.	71818
1396r-8(e)(4), as amended by section 6001 of the "Deficit	71819
Reduction Act of 2005," Pub. L. No. 109-171, will have on	71820
pharmacists in fiscal year 2009. The fiscal impact analysis shall	71821
include a projection of the revenue a pharmacist is expected to	71822
lose during fiscal year 2009 from each unit of multiple source	71823
drug dispensed to a Medicaid recipient.	71824

(C) Notwithstanding section 5111.071 of the Revised Code and	71825
subject to division (D) of this section, the Director shall, not	71826
later than ten days after completing the analysis required under	71827
division (B) of this section, increase the dispensing fee to be	71828
paid to pharmacists with a valid Medicaid provider agreement for	71829
dispensing a multiple source drug to a Medicaid recipient in	71830
fiscal year 2009. The amount of the increase shall be determined	71831
in a manner that compensates pharmacists for the loss of revenue	71832
the Director projects, under division (B) of this section, that	71833
pharmacists, on average, will incur during fiscal year 2009.	71834

(D) The total amount the Director expends under division (C)	71835
of this section to pay the increase in the dispensing fee in	71836
fiscal year 2009 shall not exceed the total savings that the	71837
Medicaid program is projected to save in that fiscal year as a	71838
result of the changes to the federal upper reimbursement limits	71839
established in 42 U.S.C. 1396r-8(e)(4) that were enacted by	71840
section 6001 of the "Deficit Reduction Act of 2005."	71841

Section 309.31.20. RESIDENT PROTECTION FUND

71842

If the Director of Budget and Management determines that the	71843
Resident Protection Fund created in section 5111.62 of the Revised	71844
Code has a cash balance, less encumbrances and appropriations, of	71845
more than $2,000,000, the Department of Job and Family Services or	71846
its designee may issue a competitive request for grant proposals	71847
to support projects that will benefit the residents of nursing	71848
facilities that have been found to have deficiencies. The	71849
directors of Job and Family Services, Health, and Aging or their	71850
designees shall determine priority categories for funding, make	71851
awards, and determine which of the three agencies should	71852
administer each grant. Based on these determinations, the Director	71853
of Budget and Management may transfer cash and appropriations	71854
matching the amount of each award to the appropriate agency. Any	71855
such transfers are hereby appropriated.	71856

Section 309.31.30. OHIO ACCESS SUCCESS PROJECT

71857

Notwithstanding any limitations in sections 3721.51 and	71858
3721.56 of the Revised Code, in each fiscal year, cash from Fund	71859
4J5, Home and Community-Based Services for the Aged, in excess of	71860
the amounts needed for the transfers may be used by the Department	71861
of Job and Family Services for the following purposes: (A) up to	71862
$1.0 million in each fiscal year to fund the state share of audits	71863
of nursing facilities and intermediate care facilities for the	71864
mentally retarded; and (B) up to $350,000 in each fiscal year to	71865
provide one-time transitional benefits under the Ohio Access	71866
Success Project that the Director of Job and Family Services may	71867
establish under section 5111.97 of the Revised Code.	71868

Section 309.31.40. TRANSFER OF FUNDS TO THE DEPARTMENT OF	71869
AGING	71870

The Department of Job and Family Services shall transfer,	71871
through intrastate transfer vouchers, cash from Fund 4J5, Home and	71872
Community-Based Services for the Aged, to Fund 4J4, PASSPORT, in	71873
the Department of Aging. The sum of the transfers shall be	71874
$33,263,984 in each fiscal year. The transfer may occur on a	71875
quarterly basis or on a schedule developed and agreed to by both	71876
departments.	71877

Section 309.31.50. PROVIDER FRANCHISE FEE OFFSETS

71878

(A) At least quarterly, the Director of Job and Family	71879
Services shall certify to the Director of Budget and Management	71880
both of the following:	71881

(1) The amount of offsets withheld under section 3721.541 of	71882
the Revised Code from payments made from the General Revenue Fund.	71883

(2) The amount of offsets withheld under section 5112.341 of	71884
the Revised Code from payments made from the General Revenue Fund.	71885

(B) The Director of Budget and Management may transfer cash	71886
from the General Revenue Fund to all of the following:	71887

(1) Fund 4J5, Home and Community Based Services/Aged Fund, or	71888
Fund 5R2, Nursing Facility Stabilization Fund, in accordance with	71889
sections 3721.56 and 3721.561 of the Revised Code;	71890

(2) Fund 4K1, ICF/MR Bed Assessments.

71891

(C) Amounts transferred pursuant to this section are hereby	71892
appropriated.	71893

Section 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	71894
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES	71895

The Department of Job and Family Services shall transfer,	71896
through intrastate transfer vouchers, cash from Fund 4K1, ICF/MR	71897
Bed Assessments, to Fund 4K8, Home and Community-Based Services,	71898
in the Department of Mental Retardation and Developmental	71899
Disabilities. The amount transferred shall equal $12,000,000 in	71900
each fiscal year. The transfer may occur on a quarterly basis or	71901
on a schedule developed and agreed to by both departments.	71902

Section 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES

71903

Notwithstanding any limitations contained in sections 5112.31	71904
and 5112.37 of the Revised Code, in each fiscal year, cash from	71905
Fund 4K1, ICF/MR Bed Assessments, in excess of the amounts needed	71906
for transfers to Fund 4K8, Home and Community-Based Services, in	71907
the Department of Mental Retardation and Developmental	71908
Disabilities, may be used by the Department of Job and Family	71909
Services to cover costs of care provided to participants in a	71910
waiver with an ICF/MR level of care requirement administered by	71911
the Department of Job and Family Services.	71912

Section 309.31.80. PAYMENTS FROM THE DEPARTMENT OF EDUCATION	71913
FOR MEDICAID SERVICES	71914

At the request of the Director of Job and Family Services,	71915
the Director of Budget and Management may increase the	71916
appropriation in appropriation item 600-639, Medicaid Revenue and	71917
Collections, by the amounts paid to the department pursuant to	71918
section 3317.023 of the Revised Code.	71919

Section 309.31.90. HOSPITAL CARE ASSURANCE MATCH

71920

Appropriation item 600-650, Hospital Care Assurance Match,	71921
shall be used by the Department of Job and Family Services solely	71922
for distributing funds to hospitals under section 5112.08 of the	71923
Revised Code.	71924

Section 309.32.10. HEALTH CARE SERVICES ADMINISTRATION FUND

71925

Of the amount received by the Department of Job and Family	71926
Services during fiscal year 2008 and fiscal year 2009 from the	71927
first installment of assessments paid under section 5112.06 of the	71928
Revised Code and intergovernmental transfers made under section	71929
5112.07 of the Revised Code, the Director of Job and Family	71930
Services shall deposit $350,000 in each fiscal year into the state	71931
treasury to the credit of the Health Care Services Administration	71932
Fund (Fund 5U3).	71933

Section 309.32.20. MEDICAID PROGRAM SUPPORT FUND - STATE

71934

The foregoing appropriation item 600-671, Medicaid Program	71935
Support, shall be used by the Department of Job and Family	71936
Services to pay for Medicaid services and contracts. The	71937
Department may also deposit to Fund 5C9 revenues received from	71938
other state agencies for Medicaid services under the terms of	71939
interagency agreements between the Department and other state	71940
agencies, and all funds the Department recovers because the	71941
benefits a person received under the disability medical assistance	71942
program established in section 5115.10 of the Revised Code were	71943
determined to be covered by the Medicaid Program established under	71944
Chapter 5111. of the Revised Code.	71945

Section 309.32.30. TRANSFERS OF IMD/DSH CASH TO THE	71946
DEPARTMENT OF MENTAL HEALTH	71947

The Department of Job and Family Services shall transfer,	71948
through intrastate transfer voucher, cash from Fund 5C9, Medicaid	71949
Program Support, to the Department of Mental Health's Fund 4X5,	71950
OhioCare, in accordance with an interagency agreement that	71951
delegates authority from the Department of Job and Family Services	71952
to the Department of Mental Health to administer specified	71953
Medicaid services.	71954

Section 309.32.40. PRESCRIPTION DRUG REBATE FUND

71955

The foregoing appropriation item 600-692, Health Care	71956
Services, shall be used by the Department of Job and Family	71957
Services to pay for Medicaid services and contracts.	71958

Section 309.32.50. DISABILITY DETERMINATION PROCESS

71959

Based on the recommendations made by the Disability	71960
Determination Consolidation Study Council, the Rehabilitation	71961
Services Commission and the Department of Job and Family Services	71962
shall work together to reduce the duplication of activities	71963
performed by each agency and develop a systems interface so that	71964
medical information for mutual clients may be transferred between	71965
the agencies.	71966

Section 309.32.60. PRIMARY CARE ALTERNATIVE TREATMENT PROGRAM

71967

The Director of Job and Family Services, not later than	71968
January 1, 2008, shall submit a report to the General Assembly on	71969
the Primary Alternative Care Treatment Program. The report shall	71970
compare the average monthly medical costs of current participants	71971
in the program with the average monthly costs of those individuals	71972
prior to participation in the program. Not later than January 1,	71973
2009, the Director shall submit an additional report on the total	71974
cost savings achieved through the program.	71975

Section 309.32.70. PHARMACEUTICAL REPORT

71976

The Director of Job and Family Services, not later than one	71977
year after the effective date of this section, shall submit a	71978
report to the General Assembly on the effect of Medicare Part D	71979
and the care management system established under section 5111.16	71980
of the Revised Code on the Supplemental Drug Rebate Program	71981
established under section 5111.081 of the Revised Code. The report	71982
shall evaluate the changing cost of pharmaceuticals for which	71983
supplemental rebates are made under the Supplemental Drug Rebate	71984
Program as a result of the high volume of drug purchases being	71985
transferred to Medicare Part D. The report shall include a review	71986
of the use of generic drugs by Medicaid recipients and cost	71987
savings to be achieved by increasing the use of generic drugs.	71988

Section 309.32.80. MEDICAID DEPARTMENT PROGRESS REPORT

71989

On an annual basis, the Director of Budget and Management	71990
shall submit a written report to the Speaker of the House of	71991
Representatives, the Minority Leader of the House of	71992
Representatives, the President of the Senate, the Minority Leader	71993
of the Senate, and the members of the Joint Legislative Committee	71994
on Medicaid Technology and Reform describing the progress towards	71995
establishing a separate agency or department to solely administer	71996
the Medicaid program.	71997

Section 309.40. FAMILY STABILITY

71998

Section 309.40.10. WAIVER OF FOOD STAMP WORK REQUIREMENTS

71999

Pursuant to 7 U.S.C. 2015(o)(4)(A)(i), the Department of Job	72000
and Family Services shall request that the United States Secretary	72001
of Agriculture waive the applicability of the work requirement of	72002
7 U.S.C. 2015(o)(2) during fiscal years 2008 and 2009 to food	72003
stamp benefit recipients who reside in a county of this state that	72004
the Department determines has an unemployment rate of over 10 per	72005
cent or does not have a sufficient number of jobs to provide	72006
employment for the recipients.	72007

Section 309.40.20. FOOD STAMPS TRANSFER

72008

On July 1, 2007, or as soon as possible thereafter, the	72009
Director of Budget and Management may transfer up to $1,000,000 in	72010
cash from Fund 384, Food Stamp Program, to Fund 5ES, Food	72011
Assistance.	72012

Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD	72013
BANKS	72014

As used in this section, "federal poverty guidelines" has the	72015
same meaning as in section 5101.46 of the Revised Code.	72016

Notwithstanding section 5101.46 of the Revised Code, the	72017
Department of Job and Family Services shall provide $5,500,000 in	72018
each fiscal year from the foregoing appropriation item 600-651,	72019
Second Harvest Food Banks, and $1,000,000 in each fiscal year from	72020
the foregoing appropriation item 600-659, TANF/Title XX Transfer	72021
(Fund 3W3), to the Ohio Association of Second Harvest Food Banks.	72022
The Department shall enter into a grant agreement with the Ohio	72023
Association of Second Harvest Food Banks to allow for the purchase	72024
of food and personal care products and the distribution of those	72025
products to agencies participating in the emergency food	72026
distribution program. Notwithstanding section 5101.46 of the	72027
Revised Code, the grant may permit the Ohio Association of Second	72028
Harvest Food Banks to use up to 5 per cent of the annual funding	72029
for administrative costs. As soon as possible after entering into	72030
a grant agreement at the beginning of each fiscal year, the	72031
Department may advance grant funds to the grantee under section	72032
5101.10 of the Revised Code and in accordance with federal law.	72033

Prior to entering into the grant agreement, the Ohio	72034
Association of Second Harvest Food Banks shall submit to the	72035
Department for approval a plan for the distribution of the food	72036
and personal care products to local food distribution agencies. If	72037
the plan meets the requirements and conditions established by the	72038
Department, the plan shall be incorporated into the grant	72039
agreement. The grant agreement shall also require the Ohio	72040
Association of Second Harvest Food Banks to ensure that local	72041
agencies will limit participation of individuals and families who	72042
receive any of the food and personal care products purchased with	72043
these funds to those who have an income at or below 200 per cent	72044
of the federal poverty guidelines. The Department and the Ohio	72045
Association of Second Harvest Food Banks shall agree on reporting	72046
requirements to be incorporated into the grant agreement,	72047
including a statement of expected performance outcomes from the	72048
Ohio Association of Second Harvest Food Banks and a requirement	72049
for their evaluation of their success in achieving those outcomes.	72050

Section 309.40.33. CHILD SUPPORT COLLECTIONS/TANF MOE

72051

The foregoing appropriation item 600-658, Child Support	72052
Collections, shall be used by the Department of Job and Family	72053
Services to meet the TANF maintenance of effort requirements of 42	72054
U.S.C. 609(a)(7). When the state is assured that it will meet the	72055
maintenance of effort requirement, the Department of Job and	72056
Family Services may use funds from appropriation item 600-658,	72057
Child Support Collections, to support child support activities.	72058

Section 309.40.40. TANF INITIATIVES

72059

The Department of Job and Family Services, in accordance with	72060
sections 5101.80 and 5101.801 of the Revised Code, shall take the	72061
steps necessary, through interagency agreement, adoption of rules,	72062
or otherwise as determined by the Department, to implement and	72063
administer the Title IV-A programs identified in this section.	72064

KINSHIP PERMANENCY INCENTIVE PROGRAM

72065

Of the foregoing appropriation item 600-689, TANF Block Grant	72066
(Fund 3V6), up to $10 million per fiscal year shall be used to	72067
support the activities of the Kinship Permanency Incentive Program	72068
created under section 5101.802 of the Revised Code.	72069

The Department of Job and Family Services shall prepare	72070
reports concerning both of the following:	72071

(A) Stability and permanency outcomes for children for whom	72072
incentive payments are made under the Kinship Permanency Incentive	72073
Program;	72074

(B) The total amount of payments made under the Program,	72075
patterns of expenditures made per child under the Program, and	72076
cost savings realized through the Program from placement with	72077
kinship caregivers rather than other out-of-home placements.	72078

The Department shall submit a report to the Governor, the	72079
Speaker and Minority Leader of the House of Representatives, and	72080
the President and Minority Leader of the Senate not later than	72081
December 31, 2008, and December 31, 2010.	72082

OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

72083

Of the foregoing appropriation item 600-689, TANF Block Grant	72084
(Fund 3V6), the Department of Job and Family Services shall use up	72085
to $2,000,000 in each fiscal year to support expenditures of the	72086
Ohio Alliance of Boys and Girls Clubs pursuant to section 5101.801	72087
of the Revised Code to provide after-school programs that protect	72088
at-risk children and enable youth to become responsible adults.	72089
The Ohio Alliance of Boys and Girls Clubs shall provide	72090
nutritional meals, snacks, and educational, youth development, and	72091
career development services to TANF eligible children	72092
participating in programs and activities operated by eligible Boys	72093
and Girls Clubs.	72094

Of the foregoing appropriation item 600-689, TANF Block Grant	72095
(Fund 3V6), the Department of Job and Family Services shall use up	72096
to $1,400,000 in each fiscal year to support expenditures of the	72097
Ohio Alliance of Boys and Girls Clubs pursuant to section 5101.801	72098
of the Revised Code for the For Kids Sake Ohio program.	72099

The Department of Job and Family Services and the Ohio	72100
Alliance of Boys and Girls Clubs shall agree on reporting	72101
requirements to be incorporated into the grant agreements.	72102

SUMMER AND AFTER-SCHOOL PROGRAMS

72103

Of the foregoing appropriation item 600-689, TANF Block Grant	72104
(Fund 3V6), the Department of Job and Family Services shall use up	72105
to $10,000,000 in each fiscal year to support summer and	72106
after-school programs and services for TANF eligible youth served	72107
through community-based organizations, faith-based organizations,	72108
and schools pursuant to section 5101.801 of the Revised Code to	72109
provide academic support not available during the regular school	72110
day, nutrition, transportation, youth development activities, drug	72111
and violence prevention programs, counseling programs, technology	72112
education, and character education programs.	72113

CHILDREN'S HUNGER ALLIANCE

72114

Of the foregoing appropriation item 600-689, TANF Block Grant	72115
(Fund 3V6), up to $1,000,000 in each fiscal year shall be	72116
reimbursed to the Children's Hunger Alliance pursuant to section	72117
5101.801 of the Revised Code for Child Nutrition Program outreach	72118
efforts.	72119

SCHOOL READINESS ENRICHMENT

72120

Of the foregoing appropriation item 600-689, TANF Block Grant	72121
(Fund 3V6), up to $6,500,000 in each fiscal year shall be used for	72122
TANF eligible activities pursuant to section 5101.801 of the	72123
Revised Code to provide intervention services to prepare children	72124
for kindergarten.	72125

FOOD BANKS

72126

Of the foregoing appropriation item 600-689, TANF Block Grant	72127
(Fund 3V6), up to $1,500,000 in each fiscal year shall be used to	72128
reimburse the Ohio network of food banks pursuant to section	72129
5101.801 of the Revised Code for purchases and distribution of	72130
food products.	72131

GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES

72132

Of the foregoing appropriation item 600-689, TANF Block Grant	72133
(Fund 3V6), up to $13,000,000 in each fiscal year shall be used to	72134
reimburse the Governor's Office for Faith-Based and Community	72135
Initiatives pursuant to section 5101.801 of the Revised Code for	72136
projects designed to serve the state's most vulnerable citizens.	72137

ADOPTION PROMOTION

72138

Of the foregoing appropriation item 600-689, TANF Block Grant	72139
(Fund 3V6), up to $5,000,000 in each fiscal year shall be used for	72140
TANF eligible activities pursuant to section 5101.801 of the	72141
Revised Code to provide additional support for initiatives aimed	72142
at increasing the number of adoptions including recruiting,	72143
promoting, and supporting adoptive families.	72144

INDEPENDENT LIVING INITIATIVES

72145

Of the foregoing appropriation item 600-689, TANF Block Grant	72146
(Fund 3V6), up to $2,500,000 in each fiscal year shall be used for	72147
TANF eligible activities pursuant to section 5101.801 of the	72148
Revised Code to support the independent living initiative,	72149
including life skills training and work supports for older	72150
children in foster care and those who have recently aged out of	72151
foster care.	72152

CLOSING THE ACHIEVEMENT GAP

72153

Of the foregoing appropriation item 600-689, TANF Block Grant	72154
(Fund 3V6), up to $10,000,000 in each fiscal year shall be used	72155
for TANF eligible activities pursuant to section 5101.801 of the	72156
Revised Code to provide intervention services aimed at improving	72157
the African-American male graduation rate.	72158

FREESTORE FOODBANK - BARIS PROGRAM

72159

Of the foregoing appropriation item 600-689, TANF Block Grant	72160
(Fund 3V6), up to $800,000 in fiscal year 2008 shall be used to	72161
reimburse, in accordance with section 5101.801 of the Revised	72162
Code, the Freestore Foodbank for continuation of the Benefits	72163
Acquisition Results in Self Sufficiency (BARIS) project.	72164

FAMILY SERVICE OF THE CINCINNATI AREA

72165

Of the foregoing appropriation item 600-689, TANF Block Grant	72166
(Fund 3V6), up to $25,000 in each fiscal year shall be used to	72167
reimburse, in accordance with section 5101.801 of the Revised	72168
Code, Family Service of the Cincinnati Area for the International	72169
Family Resource Center program.	72170

PARENT MENTORS

72171

Of the foregoing appropriation item 600-689, TANF Block Grant	72172
(Fund 3V6), up to $250,000 in fiscal year 2008 shall be used to	72173
reimburse the Department of Education pursuant to section 5101.801	72174
of the Revised Code for providing funding for an additional ten	72175
parent mentors. This additional support for parent mentors shall	72176
be aimed at increasing support for parents with children who have	72177
special needs, thereby reducing stress on the family and	72178
encouraging the maintenance of two parent families. Such funding	72179
shall be in addition to that which is provided for parent	72180
mentoring programs in GRF appropriation item 200-540, Special	72181
Education Enhancements, in the Department of Education.	72182

ACCOUNTABILITY AND CREDIBILITY TOGETHER

72183

Of the foregoing appropriation item 600-689, TANF Block	72184
Grant, up to $1,000,000 in each fiscal year shall be reimbursed to	72185
Accountability and Credibility Together (ACT) to continue its	72186
welfare diversion program to TANF eligible individuals pursuant to	72187
section 5101.801 of the Revised Code.	72188

AMERICAN ACADEMY OF PEDIATRICS

72189

Of the foregoing appropriation item 600-689, TANF Block Grant	72190
(Fund 3V6), up to $100,000 in each fiscal year shall be used to	72191
reimburse, in accordance with section 5101.801 of the Revised	72192
Code, the American Academy of Pediatrics for the Reach Out and	72193
Read program.	72194

HOME WEATHERIZATION

72195

Of the foregoing appropriation item 600-689, TANF Block Grant	72196
(Fund 3V6), up to $500,000 in each fiscal year shall be used to	72197
reimburse, in accordance with section 5101.801 of the Revised	72198
Code, the Corporation for Ohio Appalachian Development for home	72199
weatherization.	72200

PROVIDENCE HOUSE

72201

Of the foregoing appropriation item 600-689, TANF Block Grant	72202
(Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to	72203
reimburse, in accordance with section 5101.801 of the Revised	72204
Code, the Providence House for providing crisis intervention	72205
services for children who are at risk of abuse and neglect.	72206

BUTLER COUNTY SUCCESS PLAN

72207

Of the foregoing appropriation item 600-689, TANF Block Grant	72208
(Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to	72209
provide reimbursement, in accordance with section 5101.801 of the	72210
Revised Code, for the Butler County Success Plan.	72211

AMERICAN RED CROSS-GREATER CLEVELAND CHAPTER AND THE BEREA	72212
CHILDREN'S HOME AND FAMILY SERVICES	72213

Of the foregoing appropriation item 600-689, TANF Block	72214
Grant, up to $2,063,000 in fiscal year 2008 shall be used to	72215
reimburse the American Red Cross-Greater Cleveland Chapter and the	72216
Berea Children's Home and Family Services in accordance with	72217
section 5101.801 of the Revised Code, for enrolling TANF eligible	72218
individuals in the Northeast Ohio Nurse Assistant Training	72219
Program, which will lead to employment opportunities in the	72220
healthcare field in a ten-county region.	72221

CENTER FOR FAMILIES AND CHILDREN RAPART YOUTH FELLOWSHIP	72222
PROGRAM	72223

Of the foregoing appropriation item 600-689, TANF Block	72224
Grant, up to $246,128 in fiscal year 2008 and up to $246,128 in	72225
fiscal year 2009 shall be used to reimburse the Center for	72226
Families and Children RapArt Youth Fellowship Program in	72227
accordance with section 5101.801 of the Revised Code for providing	72228
an after-school program that supports at-risk young adults and	72229
enables youth to become responsible adults.	72230

TALBERT HOUSE

72231

Of the foregoing appropriation item 600-689, TANF Block Grant	72232
(Fund 3V6), up to $100,000 in each fiscal year shall be used to	72233
reimburse, in accordance with section 5101.801 of the Revised	72234
Code, the Talbert House for providing TANF eligible non-medical	72235
behavioral health services.	72236

TANF EDUCATIONAL AWARDS PROGRAM

72237

Of the foregoing appropriation item 600-689, TANF Block Grant	72238
(Fund 3V6), up to $2,000,000 in each fiscal year shall be used to	72239
reimburse the Ohio Board of Regents pursuant to section 5101.801	72240
of the Revised Code for initiatives addressing postsecondary	72241
tuition and educational expenses not covered by other grant	72242
programs that target low-income students.	72243

CHABAD HOUSE

72244

Of the foregoing appropriation item 600-689, TANF Block Grant	72245
(Fund 3V6), up to $125,000 in each fiscal year shall be used to	72246
reimburse, in accordance with section 5101.801 of the Revised	72247
Code, the Chabad House for the Friendship Circle program.	72248

COURT CLINIC FORENSIC SERVICES

72249

Of the foregoing appropriation 600-689, TANF Block Grant	72250
(Fund 3V6), up to $100,000 in each fiscal year shall be used to	72251
reimburse, in accordance with section 5101.801 of the Revised	72252
Code, Court Clinic Forensic Services for establishment of an	72253
intense program of education, job training, and job placement to	72254
divert women from local jails and state prisons and to reduce	72255
recidivism.	72256

BIG BROTHERS BIG SISTERS

72257

Of the foregoing appropriation item 600-689, TANF Block Grant	72258
(Fund 3V6), up to $250,000 in fiscal year 2008 and up to $750,000	72259
in fiscal year 2009 shall be used to reimburse Big Brothers Big	72260
Sisters of Central Ohio, in accordance with section 5101.801 of	72261
the Revised Code, for child mentoring services.	72262

WECO HOME PROGRAM

72263

Of the foregoing appropriation item 600-689, TANF Block Grant	72264
(Fund 3V6), up to $1,000,000 in each fiscal year shall be used to	72265
reimburse, in accordance with section 5101.801 of the Revised	72266
Code, WECO Fund, Inc., for an individual development account	72267
program that helps participants purchase homes.	72268

ECONOMIC AND COMMUNITY DEVELOPMENT INSTITUTE

72269

Of the foregoing appropriation item 600-689, TANF Block Grant	72270
(Fund 3V6), up to $650,000 in each fiscal year shall be used to	72271
reimburse, in accordance with section 5101.801 of the Revised	72272
Code, the Economic and Community Development Institute for	72273
matching funds provided to TANF eligible individuals through an	72274
individual development accounts program.	72275

EARLY CHILDHOOD EDUCATION PILOT

72276

Of the foregoing appropriation item 600-689, TANF Block Grant	72277
(Fund 3V6), up to $50,000 in each fiscal year shall be used to	72278
reimburse, in accordance with section 5101.801 of the Revised	72279
Code, the Alliance Early Childhood Education Pilot Project.	72280

OHIO COUNCIL OF URBAN LEAGUES

72281

Of the foregoing appropriation item 600-689, TANF Block Grant	72282
(Fund 3V6), up to $500,000 in each fiscal year shall be used to	72283
reimburse the Ohio Council of Urban Leagues, in accordance with	72284
section 5101.801 of the Revised Code, for career development	72285
programs that provide opportunities for eligible individuals to	72286
develop a career path in a desired employment area.	72287

HOME ENERGY ASSISTANCE PROGRAM

72288

The Department of Job and Family Services shall transfer,	72289
through intrastate transfer voucher, $45,000,000 in cash in fiscal	72290
year 2008 and $15,000,000 in fiscal year 2009 from Fund 3V6, TANF	72291
Block Grant, to Fund 3BJ, TANF Heating Assistance, in the	72292
Department of Development, in accordance with an interagency	72293
agreement. The Departments of Job and Family Services and	72294
Development shall enter into an interagency agreement for	72295
providing reimbursement to the Department of Development to	72296
administer the Title IV-A funded Home Energy Assistance Program	72297
(HEAP), which provides assistance with home energy fuel costs to	72298
needy families with children.	72299

If the Department of Development receives approval for a	72300
federal waiver to increase the percentage of the Home Energy Block	72301
Grant that may be used for weatherization to sixteen and one-half	72302
per cent in fiscal year 2008 and seventeen and one-half per cent	72303
in fiscal year 2009, the Department of Job and Family Services	72304
shall increase the amount of reimbursement to the Department of	72305
Development from Fund 3V6, TANF Block Grant, for the Title IV-A	72306
funded Home Energy Assistance Program by an amount equal to the	72307
additional amounts used for weatherization under the federal	72308
waiver.	72309

The directors of Job and Family Services and Development	72310
shall seek Controlling Board approval to adjust the appropriations	72311
for appropriation item 600-689, TANF Block Grant, in the	72312
Department of Job and Family Services and appropriation item	72313
195-685, TANF Heating Assistance, in the Department of	72314
Development, as needed to carry out the purposes described in the	72315
preceding paragraph.	72316

Section 309.40.49. OHIO WORKS FIRST DOMESTIC VIOLENCE RULES

72317

The Director of Job and Family Services shall adopt the	72318
initial rules under divisions (A)(14), (15), and (16) of section	72319
5107.05 of the Revised Code not later than January 1, 2008.	72320

Section 309.40.60. EARLY LEARNING INITIATIVE

72321

(A) As used in this section:

72322

(1) "Title IV-A services" means benefits and services that	72323
are allowable under Title IV-A of the "Social Security Act," as	72324
specified in 42 U.S.C. 604(a), except that they shall not be	72325
benefits and services included in the term "assistance" as defined	72326
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	72327
excluded from the definition of the term "assistance" under 45	72328
C.F.R. 260.31(b).	72329

(2) "Title IV-A funds" means funds provided under the	72330
temporary assistance for needy families block grant established by	72331
Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42	72332
U.S.C. 601, as amended.	72333

(3) "Eligible child" means a child who is at least three	72334
years of age but not of compulsory school age or enrolled in	72335
kindergarten, is eligible for Title IV-A services, and whose	72336
family income at the time of application does not exceed one	72337
hundred eighty-five per cent of the federal poverty line in fiscal	72338
year 2008 or two hundred per cent of the federal poverty line in	72339
fiscal year 2009.	72340

(4) "Early learning program" means a program for eligible	72341
children that is funded with Title IV-A funds and provides Title	72342
IV-A services, according to the purposes listed in 45 C.F.R.	72343
260.20(c), that are early learning services, as defined by	72344
pursuant to division (D)(1) of this section.	72345

(5) "Early learning provider" means an entity that is	72346
receiving Title IV-A funds to operate an early learning program.	72347

(6) "Early learning agency" means an early learning provider	72348
or an entity that has entered into an agreement with an early	72349
learning provider requiring the early learning provider to operate	72350
an early learning program on behalf of the entity.	72351

(7) "Federal poverty line" has the same meaning as in section	72352
5104.01 of the Revised Code.	72353

(8) "Of compulsory school age" has the same meaning as in	72354
section 3321.01 of the Revised Code.	72355

(B) The Early Learning Initiative is hereby established. The	72356
Department of Education and the Department of Job and Family	72357
Services shall administer the Initiative in accordance with	72358
sections 5101.80 and 5101.801 of the Revised Code. The Initiative	72359
shall provide early learning services to eligible children. Early	72360
learning programs may provide early learning services on a	72361
full-day basis, a part-day basis, or both a full-day and part-day	72362
basis.	72363

(C) The Department of Job and Family Services shall do both	72364
of the following:	72365

(1) Reimburse early learning agencies for Title IV-A services	72366
provided to eligible children according to the terms of the	72367
contract and the rules adopted under division (C)(2) of this	72368
section;	72369

(2) In consultation with the Department of Education, adopt	72370
rules in accordance with Chapter 119. of the Revised Code to	72371
implement the Early Learning Initiative. The rules shall include	72372
all of the following:	72373

(a) Provisions regarding the establishment of co-payments for	72374
families of eligible children whose family income is more than one	72375
hundred sixty-five per cent of the federal poverty line but equal	72376
to or less than the maximum amount of family income authorized for	72377
an eligible child as defined in division (A)(3) of this section;	72378

(b) An exemption from co-payment requirements for families	72379
whose family income is equal to or less than one hundred	72380
sixty-five per cent of the federal poverty line;	72381

(c) A definition of "enrollment" for the purpose of	72382
compensating early learning agencies;	72383

(d) Provisions that establish compensation rates for early	72384
learning agencies based on the enrollment of eligible children.	72385

(D) The Department of Education shall do all of the	72386
following:	72387

(1) Define the early learning services that will be provided	72388
to eligible children through the Early Learning Initiative;	72389

(2) In consultation with the Department of Job and Family	72390
Services, develop an application form and criteria for the	72391
selection of early learning agencies. The criteria shall require	72392
an early learning agency, or each early learning provider with	72393
which the agency has entered into an agreement for the operation	72394
of an early learning program on the agency's behalf, to be	72395
licensed or certified by the Department of Education under	72396
sections 3301.52 to 3301.59 of the Revised Code or by the	72397
Department of Job and Family Services under Chapter 5104. of the	72398
Revised Code;	72399

(3) Establish early learning program guidelines for school	72400
readiness to assess the operation of early learning programs.	72401

(E) Any entity that seeks to be an early learning agency	72402
shall apply to the Department of Education by a deadline	72403
established by the Department. The Department of Education shall	72404
select entities that meet the criteria established under division	72405
(D)(2) of this section to be early learning agencies. Upon	72406
selection of an entity to be an early learning agency, the	72407
Department of Education shall designate the number of eligible	72408
children the agency may enroll. The Department of Education shall	72409
notify the Department of Job and Family Services of the number so	72410
designated.	72411

(F) The Department of Education and the Department of Job and	72412
Family Services shall enter into a contract with each early	72413
learning agency selected under division (E) of this section. The	72414
requirements of section 127.16 of the Revised Code do not apply to	72415
contracts entered into under this section. The contract shall	72416
outline the terms and conditions applicable to the provision of	72417
Title IV-A services for eligible children and shall include at	72418
least the following:	72419

(1) The respective duties of the early learning agency, the	72420
Department of Education, and the Department of Job and Family	72421
Services;	72422

(2) Requirements applicable to the allowable use of and	72423
accountability for Title IV-A compensation paid under the	72424
contract;	72425

(3) Reporting requirements, including a requirement that the	72426
early learning provider inform the Department of Education when	72427
the provider learns that a kindergarten eligible child will not be	72428
enrolled in kindergarten;	72429

(4) The compensation schedule payable under the contract;

72430

(5) Audit requirements;

72431

(6) Provisions for suspending, modifying, or terminating the	72432
contract.	72433

(G) If an early learning agency, or an early learning	72434
provider operating an early learning program on the agency's	72435
behalf, substantially fails to meet the early learning program	72436
guidelines for school readiness or exhibits substandard	72437
performance, as determined by the Department of Education, the	72438
agency shall develop and implement a corrective action plan. The	72439
Department of Education shall approve the corrective action plan	72440
prior to implementation.	72441

(H) If an early learning agency fails to implement a	72442
corrective action plan under division (G) of this section, the	72443
Department of Education may direct the Department of Job and	72444
Family Services to either withhold funding or request that the	72445
Department of Job and Family Services suspend or terminate the	72446
contract with the agency.	72447

(I) Each early learning program shall do all of the	72448
following:	72449

(1) Meet teacher qualification requirements prescribed by	72450
section 3301.311 of the Revised Code;	72451

(2) Align curriculum to the early learning content standards;

72452

(3) Meet any assessment requirements prescribed by section	72453
3301.0715 of the Revised Code that apply to the program;	72454

(4) Require teachers, except teachers enrolled and working to	72455
obtain a degree pursuant to section 3301.311 of the Revised Code,	72456
to attend a minimum of twenty hours per biennium of professional	72457
development as prescribed by the Department of Education regarding	72458
the implementation of early learning program guidelines for school	72459
readiness;	72460

(5) Document and report child progress;

72461

(6) Meet and report compliance with the early learning	72462
program guidelines for school success;	72463

(7) Participate in early language and literacy classroom	72464
observation evaluation studies.	72465

(J) Each county Department of Job and Family Services shall	72466
determine eligibility for Title IV-A services for children seeking	72467
to enroll in an early learning program within fifteen days after	72468
receipt of a completed application in accordance with rules	72469
adopted under this section.	72470

(K) The provision of early learning services in an early	72471
learning program shall not prohibit or otherwise prevent an	72472
individual from obtaining certificates for payment under division	72473
(C) of section 5104.32 of the Revised Code.	72474

(L) Notwithstanding section 126.07 of the Revised Code:

72475

(1) Any fiscal year 2008 contract executed prior to July 1,	72476
2007, between the Departments of Job and Family Services and	72477
Education and an early learning agency that was not an early	72478
learning agency as of June 30, 2007, shall be deemed to be	72479
effective as of July 1, 2007, upon issuance of a state purchase	72480
order, even if the purchase order is approved at some later date.	72481

(2) Any fiscal year 2008 contract executed between the	72482
Departments of Job and Family Services and Education and an early	72483
learning agency that had a valid contract for early learning	72484
services on June 30, 2007, shall be deemed to be effective as of	72485
July 1, 2007, upon the issuance of a state purchase order, even if	72486
the purchase order is approved at some later date.	72487

(3) Any fiscal year 2009 contract executed prior to July 1,	72488
2008, between the Departments of Job and Family Services and	72489
Education and an early learning agency that was not an early	72490
learning agency as of June 30, 2008, shall be deemed to be	72491
effective as of July 1, 2008, upon issuance of a state purchase	72492
order, even if the purchase order is approved at some later date.	72493

(4) Any fiscal year 2009 contract executed between the	72494
Departments of Job and Family Services and Education and an early	72495
learning agency that had a valid contract for early learning	72496
services on June 30, 2008, shall be deemed to be effective as of	72497
July 1, 2008, upon the issuance of a state purchase order, even if	72498
the purchase order is approved at some later date.	72499

(M) Of the foregoing appropriation item 600-689, TANF Block	72500
Grant (Fund 3V6), up to $125,256,000 shall be used in each fiscal	72501
year to compensate early learning agencies under this section. The	72502
Departments of Job and Family Services and Education shall	72503
contract for up to 12,000 enrollment slots for eligible children	72504
in each fiscal year through the Early Learning Initiative.	72505

(N) Of the foregoing appropriation item 600-689, TANF Block	72506
Grant (Fund 3V6), up to $800,000 in each fiscal year may be used	72507
by the Department of Job and Family Services for administration of	72508
the Early Learning Initiative.	72509

(O) Up to $2,200,000 in each fiscal year may be used by the	72510
Department of Education to perform administrative functions for	72511
the Early Learning Initiative. The Department of Job and Family	72512
Services shall transfer, through intrastate transfer vouchers,	72513
cash from Fund 3V6, TANF Block Grant, to Fund 5W2, Early Learning	72514
Initiative, in the Department of Education. The amount transferred	72515
shall not exceed $2,200,000 in fiscal year 2008 and $2,200,000 in	72516
fiscal year 2009. The transfer shall occur on a reimbursement	72517
basis on a schedule developed and agreed to by both departments.	72518

Section 309.50. CHILDREN AND FAMILIES

72519

Section 309.50.03. FOSTER CARE REFORM

72520

Of the foregoing appropriation item 600-423, Office of	72521
Children and Families, $1,300,000 in each fiscal year shall be	72522
used to pay for foster care audit workers and related	72523
administrative expenses for state staff.	72524

Of the foregoing appropriation item 600-523, Children and	72525
Families Services, $9,100,000 in each fiscal year shall be	72526
provided to counties for foster care related expenses, including,	72527
but not limited to, upfront services, counseling, intake workers,	72528
foster care staff, case workers, and trainers.	72529

Section 309.50.06. ADULT PROTECTIVE SERVICES

72530

The foregoing appropriation item 600-534, Adult Protective	72531
Services, shall be distributed to counties for the provision of	72532
services to adults who are in need of protective services. The	72533
Department of Job and Family Services shall adopt rules in	72534
accordance with Chapter 119. of the Revised Code to establish a	72535
formula for distribution of the moneys to the counties, including	72536
a requirement that counties put forth a maintenance of effort to	72537
be eligible for these moneys ensuring that these moneys are in	72538
addition to dollars currently spent on adult protective service	72539
efforts and not used to replace other sources of funding.	72540

Section 309.50.10. CHILD WELFARE TRAINING INITIATIVE

72541

In each fiscal year, the Department of Job and Family	72542
Services shall grant $50,000 from appropriation item 600-528,	72543
Adoption Services, and $150,000 from appropriation item 600-606,	72544
Child Welfare (Fund 327), to the National Center for Adoption Law	72545
and Policy to fund a multi-disciplinary child welfare training	72546
initiative. The Department of Job and Family Services shall	72547
coordinate with the National Center for Adoption Law and Policy to	72548
determine the focus of the training provided each year.	72549

ADOPTION LAWSITE INITIATIVE

72550

In each fiscal year, the Department of Job and Family	72551
Services shall grant $37,500 from appropriation item 600-528,	72552
Adoption Services, and $112,500 from appropriation item 600-606,	72553
Child Welfare (Fund 327), to the National Center for Adoption Law	72554
and Policy to fund expansion of the Adoption LawSite Initiative.	72555

Section 309.50.20. CHILDREN'S TRUST FUND

72556

Notwithstanding sections 3109.13 to 3109.18 of the Revised	72557
Code, in each fiscal year, the Director of Budget and Management	72558
shall transfer $1,500,000 cash from the Children's Trust Fund	72559
(Fund 198) in the Department of Job and Family Services to the	72560
Partnerships for Success Fund (Fund 5BH) in the Department of	72561
Youth Services.	72562

Section 309.50.50. VISITING NURSE ASSOCIATION - READY SENIORS

72563

Notwithstanding section 5101.46 of the Revised Code and prior	72564
to allocations for administration and training, of the foregoing	72565
appropriation item 600-620, Social Services Block Grant, up to	72566
$250,000 in each fiscal year shall be reimbursed to the Visiting	72567
Nurses Association of Cleveland, pursuant to a grant agreement	72568
entered into by the Visiting Nurses Association of Cleveland and	72569
the Department of Job and Family Services, for costs of expanding	72570
the Ready Seniors software program that are allowable under state	72571
and federal law governing the use of the Block Grant.	72572

Section 309.50.60. CHILD PLACEMENT LEVEL OF CARE TOOL PILOT

72573

(A) The Department of Job and Family Services shall develop,	72574
implement, and oversee use of a Child Placement Level of Care Tool	72575
on a pilot basis. The Department shall implement the pilot program	72576
in Cuyahoga County and not more than nine additional counties	72577
selected by the Department. The pilot program shall be developed	72578
by the participating counties and must be acceptable to all	72579
participating counties. A selected county must agree to	72580
participate in the pilot program.	72581

(B) The pilot program shall begin not later than July 1,	72582
2008, and end not later than December 31, 2009. The length of the	72583
program shall not include any time expended in preparation for	72584
implementation or any post-pilot program evaluation activity.	72585

(C)(1) In accordance with sections 125.01 to 125.11 of the	72586
Revised Code, the Department of Job and Family Services shall	72587
designate a person to independently evaluate the pilot program to	72588
rate the program's success in the following areas:	72589

(a) Placement stability, length of stay, and other outcomes	72590
for children;	72591

(b) Cost;

72592

72593

(d) Any other criteria the Department determines will be	72594
useful in the consideration of statewide implementation.	72595

(2) The evaluation design shall include:

72596

(a) A comparison of data to historical outcomes or control	72597
counties;	72598

(b) A retrospective data review of Cuyahoga County's use of	72599
the tool;	72600

(c) A prospective data evaluation in each of the ten pilot	72601
counties.	72602

(D) The Department of Mental Health shall conduct a study of	72603
a sample of the children placed using the Child Placement Level of	72604
Care Tool, which shall run concurrent with the Department of Job	72605
and Family Services Child Placement Level of Care Tool pilot	72606
program. This study shall evaluate outcomes from the initial and	72607
regular administration of the Ohio Scales Tool and changes in the	72608
level of children's functioning over time. The Department of	72609
Mental Health shall seek maximum federal financial participation	72610
to conduct the Ohio Scales Tool evaluation. Upon completion of the	72611
study, the Department of Mental Health shall send a copy of the	72612
results of the study to the independent evaluator designated under	72613
division (C) of this section.	72614

(E) The independent evaluator of the Child Placement Level of	72615
Care Tool designated under division (C) of this section shall	72616
compare the evaluation of the Child Placement Level of Care Tool	72617
conducted pursuant to division (C) of this section to the study of	72618
the Ohio Scales Tool conducted under division (D) of this section.	72619
The comparison shall focus on analyzing any correlations between	72620
the placement stability outcomes associated with the Level of Care	72621
Tool and the behavioral health level of functioning outcomes	72622
associated with the Ohio Scales Tool. The independent evaluator	72623
shall send a copy of the evaluator's initial evaluation of the	72624
Child Placement Level of Care Tool, the Department of Mental	72625
Health study, and the comparison to the Department of Job and	72626
Family Services.	72627

(F) The Department of Job and Family Services may adopt rules	72628
in accordance with section 111.15 of the Revised Code, as if they	72629
were internal management rules, as necessary to carry out the	72630
purposes of this section. The Department shall seek maximum	72631
federal financial participation to support the pilot and the	72632
evaluation.	72633

(G) Notwithstanding division (E) of section 5101.141 of the	72634
Revised Code, the Department of Job and Family Services shall use	72635
up to $1,000,000 of appropriation item 600-663, Children and	72636
Family Support, over the biennium to implement the Child Placement	72637
Level of Care Tool pilot program described in this section and to	72638
contract for the independent evaluation of the pilot program.	72639

(H) As used in this section:

72640

(1) "Child Placement Level of Care Tool" means an assessment	72641
tool to be developed by the participating counties to assess a	72642
child's placement needs when a child must be removed from the	72643
child's own home and cannot be placed with a relative or kin that	72644
includes assessing a child's behavior, history, psychological	72645
state, and the involvement of service systems.	72646

(2) "Ohio Scales Tool" means the Ohio Youth Problems,	72647
Functioning, and Satisfaction Scales used by the Ohio Department	72648
of Mental Health to measure outcomes for youth ages five to	72649
eighteen who receive mental health services.	72650

Section 309.50.70. OHIO BENEFIT BANK

72651

Of the foregoing appropriation item 600-659, TANF/Title XX,	72652
up to $299,276 in fiscal year 2008 and up to $472,366 in fiscal	72653
year 2009 shall be used by the Governor's Office of Faith-Based	72654
and Community Initiatives to support the Ohio Benefit Bank, a	72655
web-enabled, counselor-assisted, program for low- and	72656
moderate-income Ohioans.	72657

Section 309.50.80. EARLY CARE AND EDUCATION

72658

Before July 1, 2008, the departments of Job and Family	72659
Services and Education shall develop a fiscal model bringing	72660
together early care and education programs under one funding	72661
system that will provide all children with access to affordable	72662
quality care and education.	72663

Section 309.70. WORKFORCE DEVELOPMENT

72664

Section 309.70.10. TRANSFER TO THE MILITARY INJURY RELIEF	72665
FUND	72666

In each year of the biennium, the Director of Job and Family	72667
Services shall certify to the Director of Budget and Management	72668
the total amount of incentive grants deposited into Fund 331,	72669
Federal Operating, on behalf of state and county employees and	72670
other individuals, entities, and persons with exemplary service to	72671
veterans under an approved employment service delivery program	72672
defined in the "Jobs for Veterans Act," 116 Stat. 2033 (2002), as	72673
approved by the United States Department of Labor. The Director of	72674
Budget and Management shall transfer cash equal to the amount	72675
certified by the Director of Job and Family Services from Fund 331	72676
to Fund 5DB, Military Injury Relief Fund. The transferred funds	72677
shall be used to support grants to eligible individuals under	72678
section 5101.98 of the Revised Code and rules adopted in	72679
accordance with that section.	72680

Section 309.70.20. WORKFORCE DEVELOPMENT GRANT AGREEMENT

72681

The Department of Job and Family Services may use	72682
appropriations from appropriation item 600-688, Workforce	72683
Investment Act, to provide financial assistance for workforce	72684
development activities included in a grant agreement entered into	72685
by the department in accordance with section 5101.20 of the	72686
Revised Code.	72687

OHIO STATE APPRENTICESHIP COUNCIL

72688

Of the foregoing appropriation item 600-688, Workforce	72689
Investment Act, up to $1,900,000 in fiscal year 2008 and up to	72690
$2,200,000 in fiscal year 2009 may be used to support the	72691
activities of the Ohio State Apprenticeship Council.	72692

YOUTH EMPLOYMENT PROGRAMS

72693

Of the foregoing appropriation item 600-688, Workforce	72694
Investment Act, up to $6,000,000 over the biennium shall be used	72695
for competitive grants to eight major urban centers and four other	72696
locations, at least two of which are rural, to provide strategies	72697
and programs that meet the needs of at-risk youth. The program	72698
shall target youth who have disengaged from the education system	72699
and youthful offenders who will be returning to their communities.	72700
Eligible grant applications include governmental units, workforce	72701
investment boards, and not-for-profit and for-profit entities.	72702
Grant funds may be used for youth wages and benefits, supervisory	72703
costs, training and support costs, and infrastructure expenses.	72704
Grant funds may not be used for construction or renovation of	72705
facilities.	72706

THIRD FRONTIER INTERNSHIP PROGRAM

72707

Of the foregoing appropriation item 600-688, Workforce	72708
Investment Act, $1,500,000 in each fiscal year shall be used to	72709
support the Third Frontier Internship program.	72710

NURSE EDUCATION ASSISTANCE

72711

Of the foregoing appropriation item 600-688, Workforce	72712
Investment Act, $700,000 in each fiscal year shall be used to	72713
support the Nurse Education Assistance program described in	72714
division (C)(1)(a) of section 3333.28 of the Revised Code.	72715

Section 309.80. UNEMPLOYMENT COMPENSATION

72716

Section 309.80.10. EMPLOYER SURCHARGE

72717

The surcharge and the interest on the surcharge amounts due	72718
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	72719
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	72720
118th General Assembly, and section 4141.251 of the Revised Code	72721
as it existed prior to its repeal by Sub. H.B. 478 of the 122nd	72722
General Assembly, again shall be assessed and collected by,	72723
accounted for, and made available to the Department of Job and	72724
Family Services in the same manner as set forth in section	72725
4141.251 of the Revised Code as it existed prior to its repeal by	72726
Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the	72727
repeal of the surcharge for calendar years after 1990, pursuant to	72728
Sub. H.B. 478 of the 122nd General Assembly, except that amounts	72729
received by the Director on or after July 1, 2001, shall be	72730
deposited into the Unemployment Compensation Special	72731
Administrative Fund (Fund 4A9) established pursuant to section	72732
4141.11 of the Revised Code.	72733

Section 309.80.20. FEDERAL UNEMPLOYMENT PROGRAMS

72734

All unexpended funds remaining at the end of fiscal year 2007	72735
that were appropriated and made available to the state under	72736
section 903(d) of the Social Security Act, as amended, in the	72737
foregoing appropriation item 600-678, Federal Unemployment	72738
Programs (Fund 3V4), are hereby appropriated to the Department of	72739
Job and Family Services. Upon the request of the Director of Job	72740
and Family Services, the Director of Budget and Management may	72741
increase the appropriation for fiscal year 2008 by the amount	72742
remaining unspent from the fiscal year 2007 appropriation and may	72743
increase the appropriation for fiscal year 2009 by the amount	72744
remaining unspent from the fiscal year 2008 appropriation. The	72745
appropriation shall be used under the direction of the Department	72746
of Job and Family Services to pay for administrative activities	72747
for the Unemployment Insurance Program, employment services, and	72748
other allowable expenditures under section 903(d) of the Social	72749
Security Act, as amended.	72750

The amounts obligated pursuant to this section shall not	72751
exceed at any time the amount by which the aggregate of the	72752
amounts transferred to the account of the state under section	72753
903(d) of the Social Security Act, as amended, exceeds the	72754
aggregate of the amounts obligated for administration and paid out	72755
for benefits and required by law to be charged against the amounts	72756
transferred to the account of the state.	72757

Section 309.80.30. TIME-LIMITED MEDICAID PROVIDER AGREEMENTS

72758

Each Medicaid provider agreement that is not time-limited on	72759
the effective date of section 5111.028 of the Revised Code, as	72760
enacted by this act, shall be converted by the Department of Job	72761
and Family Services into a time-limited provider agreement. The	72762
converted provider agreement shall expire three years from	72763
effective date of the conversion. The Department shall notify the	72764
provider in writing that provider agreement has been converted	72765
into a time-limited provider agreement.	72766

Notwithstanding division (B) of section 5111.06 of the	72767
Revised Code, the Department is not required to issue an order	72768
pursuant to an adjudication conducted in accordance with Chapter	72769
119. of the Revised Code when converting a provider agreement	72770
under this section.	72771

Section 311.10. JCO JUDICIAL CONFERENCE OF OHIO

72772

General Revenue Fund

72773

GRF	018-321		Operating Expenses		$	985,710		$	1,015,281		72774
TOTAL GRF General Revenue Fund					$	985,710		$	1,015,281		72775

General Services Fund Group

72776

403	018-601	Ohio Jury Instructions	$	350,000	$	350,000	72777
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	72778
TOTAL ALL BUDGET FUND GROUPS			$	1,335,710	$	1,365,281	72779

STATE COUNCIL OF UNIFORM STATE LAWS

72780

Notwithstanding section 105.26 of the Revised Code, of the	72781
foregoing appropriation item 018-321, Operating Expenses, up to	72782
$71,000 in fiscal year 2008 and up to $73,000 in fiscal year 2009	72783
may be used to pay the expenses of the State Council of Uniform	72784
State Laws, including membership dues to the National Conference	72785
of Commissioners on Uniform State Laws.	72786

OHIO JURY INSTRUCTIONS FUND

72787

The Ohio Jury Instructions Fund (Fund 403) shall consist of	72788
grants, royalties, dues, conference fees, bequests, devises, and	72789
other gifts received for the purpose of supporting costs incurred	72790
by the Judicial Conference of Ohio in dispensing educational and	72791
informational data to the state's judicial system. Fund 403 shall	72792
be used by the Judicial Conference of Ohio to pay expenses	72793
incurred in dispensing educational and informational data to the	72794
state's judicial system. All moneys accruing to Fund 403 in excess	72795
of $350,000 in fiscal year 2008 and in excess of $350,000 in	72796
fiscal year 2009 are hereby appropriated for the purposes	72797
authorized.	72798

No money in the Ohio Jury Instructions Fund shall be	72799
transferred to any other fund by the Director of Budget and	72800
Management or the Controlling Board.	72801

Section 313.10. JSC THE JUDICIARY/SUPREME COURT

72802

General Revenue Fund

72803

GRF	005-321	Operating Expenses - Judiciary/Supreme Court	$	127,778,192	$	133,144,970	72804
GRF	005-401	State Criminal Sentencing Council	$	331,500	$	336,770	72805
GRF	005-406	Law-Related Education	$	229,290	$	236,172	72806
GRF	005-409	Ohio Courts Technology Initiative	$	4,000,000	$	6,500,000	72807
GRF	005-502	Legal Education Opportunity	$	250,000	$	350,000	72808
TOTAL GRF General Revenue Fund			$	132,588,982	$	140,567,912	72809

General Services Fund Group

72810

672	005-601		Continuing Judicial Education		$	136,000		$	140,000		72811
TOTAL GSF General Services Fund Group					$	136,000		$	140,000		72812

Federal Special Revenue Fund Group

72813

3J0	005-603		Federal Grants		$	1,518,491		$	1,467,693		72814
TOTAL FED Federal Special Revenue Fund Group					$	1,518,491		$	1,467,693		72815

State Special Revenue Fund Group

72816

4C8	005-605	Attorney Services	$	3,841,416	$	3,936,058	72817
5T8	005-609	Grants and Awards	$	100,000	$	100,000	72818
6A8	005-606	Supreme Court Admissions	$	1,496,633	$	1,541,532	72819
TOTAL SSR State Special Revenue Fund Group			$	5,438,049	$	5,577,590	72820
TOTAL ALL BUDGET FUND GROUPS			$	139,681,522	$	147,753,195	72821

LAW-RELATED EDUCATION

72822

The foregoing appropriation item 005-406, Law-Related	72823
Education, shall be distributed directly to the Ohio Center for	72824
Law-Related Education for the purposes of providing continuing	72825
citizenship education activities to primary and secondary	72826
students, expanding delinquency prevention programs, increasing	72827
activities for at-risk youth, and accessing additional public and	72828
private money for new programs.	72829

OHIO COURTS TECHNOLOGY INITIATIVE

72830

The foregoing appropriation item 005-409, Ohio Courts	72831
Technology Initiative, shall be used to fund an initiative by the	72832
Supreme Court to facilitate the exchange of information and	72833
warehousing of data by and between Ohio courts and other justice	72834
system partners through the creation of an Ohio Courts Network,	72835
the delivery of technology services to courts throughout the	72836
state, including the provision of hardware, software, and the	72837
development and implementation of educational and training	72838
programs for judges and court personnel, and the creation and	72839
operation of the Commission on Technology and the Courts by the	72840
Supreme Court for the promulgation of statewide rules, policies,	72841
and uniform standards, and to aid in the orderly adoption and	72842
comprehensive use of technology in Ohio courts.	72843

LEGAL EDUCATION OPPORTUNITY

72844

The foregoing appropriation item 005-502, Legal Education	72845
Opportunity, shall be used to fund activities undertaken at the	72846
direction of the Chief Justice of the Supreme Court for purposes	72847
of introducing minority, low-income, and educationally	72848
disadvantaged Ohio students to the legal system and providing	72849
educational opportunities to those same students who are preparing	72850
for college and interested in the pursuit of a legal career. The	72851
foregoing appropriation item 005-502, Legal Education Opportunity,	72852
may be used by the Supreme Court, in cooperation with other	72853
entities, to establish and provide programs, courses, and	72854
activities consistent with the purposes set forth in this	72855
paragraph and to pay the associated administrative costs.	72856

CONTINUING JUDICIAL EDUCATION

72857

The Continuing Judicial Education Fund (Fund 672) shall	72858
consist of fees paid by judges and court personnel for attending	72859
continuing education courses and other gifts and grants received	72860
for the purpose of continuing judicial education. The foregoing	72861
appropriation item 005-601, Continuing Judicial Education, shall	72862
be used to pay expenses for continuing education courses for	72863
judges and court personnel. If it is determined by the	72864
Administrative Director of the Supreme Court that additional	72865
appropriations are necessary, the amounts are hereby appropriated.	72866

No money in the Continuing Judicial Education Fund shall be	72867
transferred to any other fund by the Director of Budget and	72868
Management or the Controlling Board. Interest earned on moneys in	72869
the Continuing Judicial Education Fund shall be credited to the	72870
fund.	72871

FEDERAL GRANTS

72872

The Federal Grants Fund (Fund 3J0) shall consist of grants	72873
and other moneys awarded to the Supreme Court (The Judiciary) by	72874
the United States Government or other entities that receive the	72875
moneys directly from the United States Government and distribute	72876
those moneys to the Supreme Court (The Judiciary). The foregoing	72877
appropriation item 005-603, Federal Grants, shall be used in a	72878
manner consistent with the purpose of the grant or award. If it is	72879
determined by the Administrative Director of the Supreme Court	72880
that additional appropriations are necessary, the amounts are	72881
hereby appropriated.	72882

No money in the Federal Grants Fund shall be transferred to	72883
any other fund by the Director of Budget and Management or the	72884
Controlling Board. However, interest earned on moneys in the	72885
Federal Grants Fund shall be credited or transferred to the	72886
General Revenue Fund.	72887

ATTORNEY SERVICES

72888

The Attorney Services Fund (Fund 4C8), formerly known as the	72889
Attorney Registration Fund, shall consist of moneys received by	72890
the Supreme Court (The Judiciary) pursuant to the Rules for the	72891
Government of the Bar of Ohio. In addition to funding other	72892
activities considered appropriate by the Supreme Court, the	72893
foregoing appropriation item 005-605, Attorney Services, may be	72894
used to compensate employees and to fund appropriate activities of	72895
the following offices established by the Supreme Court: the Office	72896
of Disciplinary Counsel, the Board of Commissioners on Grievances	72897
and Discipline, the Clients' Security Fund, and the Attorney	72898
Services Division. If it is determined by the Administrative	72899
Director of the Supreme Court that additional appropriations are	72900
necessary, the amounts are hereby appropriated.	72901

No moneys in the Attorney Services Fund shall be transferred	72902
to any other fund by the Director of Budget and Management or the	72903
Controlling Board. Interest earned on moneys in the Attorney	72904
Services Fund shall be credited to the fund.	72905

GRANTS AND AWARDS

72906

The Grants and Awards Fund (Fund 5T8) shall consist of grants	72907
and other moneys awarded to the Supreme Court (The Judiciary) by	72908
the State Justice Institute, the Division of Criminal Justice	72909
Services, or other entities. The foregoing appropriation item	72910
005-609, Grants and Awards, shall be used in a manner consistent	72911
with the purpose of the grant or award. If it is determined by the	72912
Administrative Director of the Supreme Court that additional	72913
appropriations are necessary, the amounts are hereby appropriated.	72914

No moneys in the Grants and Awards Fund shall be transferred	72915
to any other fund by the Director of Budget and Management or the	72916
Controlling Board. However, interest earned on moneys in the	72917
Grants and Awards Fund shall be credited or transferred to the	72918
General Revenue Fund.	72919

SUPREME COURT ADMISSIONS

72920

The foregoing appropriation item 005-606, Supreme Court	72921
Admissions, shall be used to compensate Supreme Court employees	72922
who are primarily responsible for administering the attorney	72923
admissions program under the Rules for the Government of the Bar	72924
of Ohio, and to fund any other activities considered appropriate	72925
by the court. Moneys shall be deposited into the Supreme Court	72926
Admissions Fund (Fund 6A8) under the Supreme Court Rules for the	72927
Government of the Bar of Ohio. If it is determined by the	72928
Administrative Director of the Supreme Court that additional	72929
appropriations are necessary, the amounts are hereby appropriated.	72930

No moneys in the Supreme Court Admissions Fund shall be	72931
transferred to any other fund by the Director of Budget and	72932
Management or the Controlling Board. Interest earned on moneys in	72933
the Supreme Court Admissions Fund shall be credited to the fund.	72934

FUND ELIMINATION

72935

Effective July 1, 2007, or as soon as practicable thereafter,	72936
the Director of Budget and Management shall transfer the cash	72937
balance in the Commission on Continuing Legal Education Fund (Fund	72938
643) to the Attorney Services Fund (Fund 4C8). The director shall	72939
cancel any existing encumbrances against appropriation item	72940
005-607, Commission on Continuing Legal Education, and	72941
re-establish them against appropriation item 005-605, Attorney	72942
Services. The amounts of the re-established encumbrances are	72943
hereby appropriated. Upon completion of these transfers, the	72944
Commission on Continuing Legal Education Fund (Fund 643) is hereby	72945
abolished.	72946

TRANSFER OF UNENCUMBERED GRF APPROPRIATION AUTHORITY FOR	72947
INDIGENT DEFENSE	72948

On July 1, 2008, or as soon as practicable thereafter, the	72949
Administrative Director of the Supreme Court shall certify to the	72950
Director of Budget and Management the total fiscal year 2008	72951
unencumbered appropriations in appropriation item 005-321,	72952
Operating Expenses - Judiciary/Supreme Court. The Director of	72953
Budget and Management shall transfer that certified amount of	72954
unencumbered fiscal year 2008 appropriations to fiscal year 2009	72955
for use within the Ohio Public Defender Commission's appropriation	72956
item 019-501, County Reimbursement. The amount certified and	72957
transferred is hereby appropriated to the Ohio Public Defender	72958
Commission's appropriation item 019-501, County Reimbursement, in	72959
fiscal year 2009.	72960

Section 315.10. LEC LAKE ERIE COMMISSION

72961

State Special Revenue Fund Group

72962

4C0	780-601	Lake Erie Protection Fund	$	450,000	$	450,000	72963
5D8	780-602	Lake Erie Resources Fund	$	387,000	$	388,000	72964
TOTAL SSR State Special Revenue							72965
Fund Group			$	837,000	$	838,000	72966
TOTAL ALL BUDGET FUND GROUPS			$	837,000	$	838,000	72967

CASH TRANSFER

72968

Not later than the thirtieth day of November of each fiscal	72969
year, the Executive Director of the Ohio Lake Erie Office, with	72970
the approval of the Lake Erie Commission, shall certify to the	72971
Director of Budget and Management the cash balance in the Lake	72972
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	72973
operating expenses of the Lake Erie Office. The Lake Erie Office	72974
may request the Director of Budget and Management to transfer up	72975
to the certified amount from the Lake Erie Resources Fund (Fund	72976
5D8) to the Lake Erie Protection Fund (Fund 4C0). The Director of	72977
Budget and Management may transfer the requested amount, or the	72978
Director may transfer a different amount up to the certified	72979
amount. Cash transferred shall be used for the purposes described	72980
in division (A) of section 1506.23 of the Revised Code. The amount	72981
transferred by the director is hereby appropriated to the	72982
foregoing appropriation item 780-601, Lake Erie Protection Fund,	72983
which shall be increased by the amount transferred.	72984

Section 317.10. LRS LEGAL RIGHTS SERVICE

72985

General Revenue Fund

72986

GRF	054-321	Support Services	$	198,075	$	198,075	72987
GRF	054-401	Ombudsman	$	291,247	$	291,247	72988
TOTAL GRF General Revenue Fund			$	489,322	$	489,322	72989

General Services Fund Group

72990

5M0	054-610	Program Support	$	81,352	$	81,352	72991
TOTAL GSF General Services							72992
Fund Group			$	81,352	$	81,352	72993

Federal Special Revenue Fund Group

72994

3AG	054-613	Protection and Advocacy - Voter Accessibility	$	115,000	$	115,000	72995
3B8	054-603	Protection and Advocacy - Mentally Ill	$	1,089,999	$	1,089,999	72996
3CA	054-615	Work Incentives Planning and Assistance	$	355,000	$	355,000	72997
3N3	054-606	Protection and Advocacy - Individual Rights	$	560,000	$	560,000	72998
3N9	054-607	Assistive Technology	$	160,000	$	160,000	72999
3R9	054-604	Family Support Collaborative	$	55,000	$	55,000	73000
3R9	054-616	Developmental Disability Publications	$	130,000	$	130,000	73001
3T2	054-609	Client Assistance Program	$	435,000	$	435,000	73002
3X1	054-611	Protection and Advocacy for Beneficiaries of Social Security	$	235,001	$	235,001	73003
3Z6	054-612	Traumatic Brain Injury	$	70,000	$	70,000	73004
305	054-602	Protection and Advocacy - Developmentally Disabled	$	1,500,000	$	1,500,000	73005
TOTAL FED Federal Special Revenue							73006
Fund Group			$	4,705,000	$	4,705,000	73007

State Special Revenue Fund Group

73008

5AE	054-614	Grants and Contracts	$	100,000	$	100,000	73009
TOTAL SSR State Special Revenue Fund Group			$	100,000	$	100,000	73010
TOTAL ALL BUDGET FUND GROUPS			$	5,375,674	$	5,375,674	73011

Section 319.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

73013

General Revenue Fund

73014

GRF	028-321		Legislative Ethics Committee		$	550,000		$	550,000		73015
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		73016

General Services Fund Group

73017

4G7	028-601	Joint Legislative Ethics Committee	$	100,000	$	100,000	73018
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	73019
TOTAL ALL BUDGET FUND GROUPS			$	650,000	$	650,000	73020

Section 321.10. LSC LEGISLATIVE SERVICE COMMISSION

73021

General Revenue Fund

73022

GRF	035-321	Operating Expenses	$	15,167,700	$	15,167,700	73023
GRF	035-402	Legislative Interns	$	1,022,120	$	1,022,120	73024
GRF	035-405	Correctional Institution Inspection Committee	$	438,900	$	438,900	73025
GRF	035-409	National Associations	$	460,560	$	460,560	73026
GRF	035-410	Legislative Information Systems	$	3,661,250	$	3,661,250	73027
TOTAL GRF General Revenue Fund			$	20,750,530	$	20,750,530	73028

General Services Fund Group

73029

4F6	035-603	Legislative Budget Services	$	154,025	$	154,025	73030
410	035-601	Sale of Publications	$	25,250	$	25,250	73031
5EF	035-607	House and Senate Telephone Usage	$	30,000	$	30,000	73032
TOTAL GSF General Services							73033
Fund Group			$	209,275	$	209,275	73034
TOTAL ALL BUDGET FUND GROUPS			$	20,959,805	$	20,959,805	73035

JOINT LEGISLATIVE COMMITTEE ON MEDICAID TECHNOLOGY AND REFORM

73036

Of the foregoing appropriation item 035-321, Operating	73037
Expenses, $100,000 in each fiscal year shall be used for costs	73038
associated with employing an executive director for the Joint	73039
Legislative Committee on Medicaid Technology and Reform as	73040
authorized by division (C) of section 101.391 of the Revised Code.	73041

OHIO ECONOMIC ANALYSIS

73042

Of the foregoing appropriation item 035-321, Operating	73043
Expenses, up to $250,000 in each fiscal year shall be used to	73044
contract with a person, business, or other entity to provide the	73045
General Assembly with additional revenue forecasting and analysis	73046
of the Ohio economy.	73047

Section 323.10. LIB STATE LIBRARY BOARD

73048

General Revenue Fund

73049

GRF	350-321	Operating Expenses	$	6,298,677	$	6,298,677	73050
GRF	350-400	Ohio Public Library Information Network	$	4,330,000	$	4,330,000	73051
GRF	350-401	Ohioana Rental Payments	$	124,816	$	124,816	73052
GRF	350-501	Library for the Blind-Cincinnati	$	535,615	$	535,615	73053
GRF	350-502	Regional Library Systems	$	1,010,441	$	1,010,441	73054
GRF	350-503	Library for the Blind-Cleveland	$	805,642	$	805,642	73055
TOTAL GRF General Revenue Fund			$	13,105,191	$	13,105,191	73056

General Services Fund Group

73057

139	350-602	Intra-Agency Service Charges	$	9,000	$	9,000	73058
4S4	350-604	Ohio Public Library Information Network Technology	$	3,000,000	$	3,000,000	73059
459	350-602	Library Service Charges	$	2,708,092	$	2,708,092	73060
TOTAL GSF General Services							73061
Fund Group			$	5,717,092	$	5,717,092	73062

Federal Special Revenue Fund Group

73063

313	350-601	LSTA Federal	$	5,691,792	$	5,691,792	73064
TOTAL FED Federal Special Revenue							73065
Fund Group			$	5,691,792	$	5,691,792	73066
TOTAL ALL BUDGET FUND GROUPS			$	24,514,075	$	24,514,075	73067

OHIOANA RENTAL PAYMENTS

73068

The foregoing appropriation item 350-401, Ohioana Rental	73069
Payments, shall be used to pay the rental expenses of the Martha	73070
Kinney Cooper Ohioana Library Association pursuant to section	73071
3375.61 of the Revised Code.	73072

LIBRARY FOR THE BLIND-CINCINNATI

73073

The foregoing appropriation item 350-501, Library for the	73074
Blind-Cincinnati, shall be used for the Talking Book program,	73075
which assists the blind and disabled.	73076

REGIONAL LIBRARY SYSTEMS

73077

The foregoing appropriation item 350-502, Regional Library	73078
Systems, shall be used to support regional library systems	73079
eligible for funding under sections 3375.83 and 3375.90 of the	73080
Revised Code.	73081

LIBRARY FOR THE BLIND-CLEVELAND

73082

The foregoing appropriation item 350-503, Library for the	73083
Blind-Cleveland, shall be used for the Talking Book program, which	73084
assists the blind and disabled.	73085

OHIO PUBLIC LIBRARY INFORMATION NETWORK

73086

The foregoing appropriation items 350-604, Ohio Public	73087
Library Information Network Technology, and 350-400, Ohio Public	73088
Library Information Network, shall be used for an information	73089
telecommunications network linking public libraries in the state	73090
and such others as may be certified as participants by the Ohio	73091
Public Library Information Network Board.	73092

The Ohio Public Library Information Network Board shall	73093
consist of eleven members appointed by the State Library Board	73094
from among the staff of public libraries and past and present	73095
members of boards of trustees of public libraries, based on the	73096
recommendations of the Ohio library community. The Ohio Public	73097
Library Information Network Board, in consultation with the State	73098
Library, shall develop a plan of operations for the network. The	73099
board may make decisions regarding use of the foregoing	73100
appropriation items 350-400, Ohio Public Library Information	73101
Network, and 350-604, Ohio Public Library Information Network	73102
Technology, may receive and expend grants to carry out the	73103
operations of the network in accordance with state law and the	73104
authority to appoint and fix the compensation of a director and	73105
necessary staff. The State Library shall be the fiscal agent for	73106
the network and shall have fiscal accountability for the	73107
expenditure of funds. The Ohio Public Library Information Network	73108
Board members shall be reimbursed for actual travel and necessary	73109
expenses incurred in carrying out their responsibilities.	73110

In order to limit access to obscene and illegal materials	73111
through internet use at Ohio Public Library Information Network	73112
(OPLIN) terminals, local libraries with OPLIN computer terminals	73113
shall adopt policies that control access to obscene and illegal	73114
materials. These policies may include use of technological systems	73115
to select or block certain internet access. The OPLIN shall	73116
condition provision of its funds, goods, and services on	73117
compliance with these policies. The OPLIN Board shall also adopt	73118
and communicate specific recommendations to local libraries on	73119
methods to control such improper usage. These methods may include	73120
each library implementing a written policy controlling such	73121
improper use of library terminals and requirements for parental	73122
involvement or written authorization for juvenile internet usage.	73123

Of the foregoing appropriation item 350-400, Ohio Public	73124
Library Information Network, up to $100,000 in each fiscal year	73125
shall be used to help local libraries purchase or maintain filters	73126
to screen out obscene and illegal internet materials.	73127

The OPLIN Board shall research and assist or advise local	73128
libraries with regard to emerging technologies and methods that	73129
may be effective means to control access to obscene and illegal	73130
materials. The OPLIN Executive Director shall biannually provide	73131
written reports to the Governor, the Speaker and Minority Leader	73132
of the House of Representatives, and the President and Minority	73133
Leader of the Senate on any steps being taken by OPLIN and public	73134
libraries in the state to limit and control such improper usage as	73135
well as information on technological, legal, and law enforcement	73136
trends nationally and internationally affecting this area of	73137
public access and service.	73138

The Ohio Public Library Information Network, INFOhio, and	73139
OhioLINK shall, to the extent feasible, coordinate and cooperate	73140
in their purchase or other acquisition of the use of electronic	73141
databases for their respective users and shall contribute funds in	73142
an equitable manner to such effort.	73143

Section 325.10. LCO LIQUOR CONTROL COMMISSION

73144

Liquor Control Fund Group

73145

043	970-321	Operating Expenses	$	743,093	$	772,524	73146
TOTAL LCF Liquor Control Fund Group			$	743,093	$	772,524	73147
TOTAL ALL BUDGET FUND GROUPS			$	743,093	$	772,524	73148

Section 327.10. LOT STATE LOTTERY COMMISSION

73150

General Services Fund Group

73151

231	950-604		Charitable Gaming Oversight		$	2,253,000		$	2,378,000		73152
TOTAL GSF General Services Fund Group					$	2,253,000		$	2,378,000		73153

State Lottery Fund Group

73154

044	950-100	Personal Services	$	25,945,116	$	27,085,265	73155
044	950-200	Maintenance	$	18,748,274	$	18,693,328	73156
044	950-300	Equipment	$	2,554,500	$	2,446,500	73157
044	950-402	Advertising Contracts	$	21,250,000	$	21,250,000	73158
044	950-403	Gaming Contracts	$	50,419,360	$	51,250,704	73159
044	950-500	Problem Gambling Subsidy	$	335,000	$	335,000	73160
044	950-601	Direct Prize Payments	$	147,716,286	$	147,716,286	73161
871	950-602	Annuity Prizes	$	151,724,305	$	151,724,305	73162
TOTAL SLF State Lottery Fund							73163
Group			$	418,692,841	$	420,501,388	73164
TOTAL ALL BUDGET FUND GROUPS			$	420,945,841	$	422,879,388	73165

OPERATING EXPENSES

73166

Notwithstanding sections 127.14 and 131.35 of the Revised	73167
Code, the Controlling Board may, at the request of the State	73168
Lottery Commission, authorize additional appropriations for	73169
operating expenses of the State Lottery Commission from the State	73170
Lottery Fund up to a maximum of 15 per cent of anticipated total	73171
revenue accruing from the sale of lottery tickets.	73172

DIRECT PRIZE PAYMENTS

73173

Any amounts, in addition to the amounts appropriated in	73174
appropriation item 950-601, Direct Prize Payments, that the	73175
Director of the State Lottery Commission determines to be	73176
necessary to fund prizes, bonuses, and commissions are hereby	73177
appropriated.	73178

ANNUITY PRIZES

73179

With the approval of the Office of Budget and Management, the	73180
State Lottery Commission shall transfer cash from the State	73181
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	73182
(Fund 871) in an amount sufficient to fund deferred prizes. The	73183
Treasurer of State, from time to time, shall credit the Deferred	73184
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	73185
by the Treasurer of State on invested balances.	73186

Any amounts, in addition to the amounts appropriated in	73187
appropriation item 950-602, Annuity Prizes, that the Director of	73188
the State Lottery Commission determines to be necessary to fund	73189
deferred prizes and interest earnings are hereby appropriated.	73190

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

73191

The Ohio Lottery Commission shall transfer an amount greater	73192
than or equal to $657,900,000 in fiscal year 2008 and $667,900,000	73193
in fiscal year 2009 to the Lottery Profits Education Fund.	73194
Transfers from the Commission to the Lottery Profits Education	73195
Fund shall represent the estimated net income from operations for	73196
the Commission in fiscal year 2008 and fiscal year 2009. Transfers	73197
by the Commission to the Lottery Profits Education Fund shall be	73198
administered as the statutes direct.	73199

Section 329.10. MHC MANUFACTURED HOMES COMMISSION

73200

General Services Fund Group

73201

4K9	996-609	Operating Expenses	$	418,122	$	434,671	73202
TOTAL GSF General Services							73203
Fund Group			$	418,122	$	434,671	73204
TOTAL ALL BUDGET FUND GROUPS			$	418,122	$	434,671	73205

Section 331.10. MED STATE MEDICAL BOARD

73207

General Services Fund Group

73208

5C6	883-609	Operating Expenses	$	7,883,145	$	8,225,945	73209
TOTAL GSF General Services							73210
Fund Group			$	7,883,145	$	8,225,945	73211
TOTAL ALL BUDGET FUND GROUPS			$	7,883,145	$	8,225,945	73212

Section 333.10. AMB MEDICAL TRANSPORTATION BOARD

73214

General Services Fund Group

73215

4K9	915-604	Operating Expenses	$	471,450	$	473,450	73216
TOTAL GSF General Services							73217
Fund Group			$	471,450	$	473,450	73218
TOTAL ALL BUDGET FUND GROUPS			$	471,450	$	473,450	73219

CASH TRANSFER TO OCCUPATIONAL LICENSING AND REGULATORY FUND	73220
(FUND 4K9)	73221

Effective July 1, 2007, or as soon as practicable thereafter,	73222
the Director of Budget and Management may transfer the cash	73223
balance in the Ohio Medical Transportation Trust Fund (Fund 4N1),	73224
created in division (B) of section 4766.05 of the Revised Code, to	73225
the Occupational Licensing and Regulatory Fund (Fund 4K9), created	73226
in section 4743.05 of the Revised Code. The director shall cancel	73227
any existing encumbrances against appropriation item 915-601,	73228
Operating Expenses, and re-establish them against appropriation	73229
item 915-604, Operating Expenses. The amounts of the	73230
re-established encumbrances are hereby appropriated. Upon	73231
completion of these transfers, the Ohio Medical Transportation	73232
Trust Fund (Fund 4N1) is hereby abolished.	73233

Section 335.10. DMH DEPARTMENT OF MENTAL HEALTH

73234

General Services Fund Group

73235

151	336-601		Office of Support Services		$	134,060,000		$	148,998,000		73236
TOTAL General Services Fund Group					$	134,060,000		$	148,998,000		73237

Division of Mental Health--

73238

Psychiatric Services to Correctional Facilities

73239

General Revenue Fund

73240

GRF	332-401		Forensic Services		$	4,338,858		$	4,338,858		73241
TOTAL GRF General Revenue Fund					$	4,338,858		$	4,338,858		73242

Section 335.10.10. FORENSIC SERVICES

73244

The foregoing appropriation item 332-401, Forensic Services,	73245
shall be used to provide psychiatric services to courts of common	73246
pleas. The appropriation shall be allocated through community	73247
mental health boards to certified community agencies and shall be	73248
distributed according to the criteria delineated in rule	73249
5122:32-01 of the Administrative Code. These community forensic	73250
funds may also be used to provide forensic training to community	73251
mental health boards and to forensic psychiatry residency programs	73252
in hospitals operated by the Department of Mental Health and to	73253
provide evaluations of patients of forensic status in facilities	73254
operated by the Department of Mental Health prior to conditional	73255
release to the community.	73256

In addition, appropriation item 332-401, Forensic Services,	73257
may be used to support projects involving mental health, substance	73258
abuse, courts, and law enforcement to identify and develop	73259
appropriate alternative services to incarceration for nonviolent	73260
mentally ill offenders, and to provide specialized re-entry	73261
services to offenders leaving prisons and jails. Funds may also be	73262
utilized to provide forensic monitoring and tracking in addition	73263
to community programs serving persons of forensic status on	73264
conditional release or probation.	73265

Section 335.20. Division of Mental Health--

73266

Administration and Statewide Programs

73267

General Revenue Fund

73268

GRF	333-321	Central Administration	$	23,750,000	$	23,750,000	73269
GRF	333-402	Resident Trainees	$	1,364,919	$	1,364,919	73270
GRF	333-403	Pre-Admission Screening Expenses	$	650,135	$	650,135	73271
GRF	333-415	Lease-Rental Payments	$	23,767,400	$	20,504,500	73272
GRF	333-416	Research Program Evaluation	$	1,001,551	$	1,001,551	73273
TOTAL GRF General Revenue Fund			$	50,534,005	$	47,271,105	73274

General Services Fund Group

73275

149	333-609		Central Office Operating		$	1,200,000		$	1,200,000		73276
TOTAL General Services Fund Group					$	1,200,000		$	1,200,000		73277

Federal Special Revenue Fund Group

73278

3A6	333-608	Community & Hospital Services	$	140,000	$	140,000	73279
3A7	333-612	Social Services Block Grant	$	25,000	$	25,000	73280
3A8	333-613	Federal Grant - Administration	$	4,888,105	$	4,888,105	73281
3A9	333-614	Mental Health Block Grant - Administration	$	748,470	$	748,470	73282
3B1	333-635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	73283
324	333-605	Medicaid/Medicare	$	154,500	$	154,500	73284
TOTAL Federal Special Revenue							73285
Fund Group			$	19,647,757	$	19,647,757	73286

State Special Revenue Fund Group

73287

232	333-621	Family and Children First Administration	$	625,000	$	625,000	73288
4X5	333-607	Behavioral Health Medicaid Services	$	3,000,634	$	3,000,634	73289
485	333-632	Mental Health Operating	$	134,233	$	134,233	73290
5V2	333-611	Non-Federal Miscellaneous	$	580,000	$	560,000	73291
TOTAL State Special Revenue							73292
Fund Group			$	4,339,867	$	4,319,867	73293
TOTAL ALL BUDGET FUND GROUPS			$	75,721,629	$	72,438,729	73294

Section 335.20.10. RESIDENCY TRAINEESHIP PROGRAMS

73296

The foregoing appropriation item 333-402, Resident Trainees,	73297
shall be used to fund training agreements entered into by the	73298
Department of Mental Health for the development of curricula and	73299
the provision of training programs to support public mental health	73300
services.	73301

Section 335.20.20. PRE-ADMISSION SCREENING EXPENSES

73302

The foregoing appropriation item 333-403, Pre-Admission	73303
Screening Expenses, shall be used to pay for costs to ensure that	73304
uniform statewide methods for pre-admission screening are in place	73305
to perform assessments for persons who have severe mental illness	73306
and are referred for long-term Medicaid certified nursing facility	73307
placement. Pre-admission screening includes the following	73308
activities: pre-admission assessment, consideration of continued	73309
stay requests, discharge planning and referral, and adjudication	73310
of appeals and grievance procedures.	73311

Section 335.20.30. LEASE-RENTAL PAYMENTS

73312

The foregoing appropriation item 333-415, Lease-Rental	73313
Payments, shall be used to meet all payments during the period	73314
from July 1, 2007, to June 30, 2009, by the Department of Mental	73315
Health under leases and agreements made under section 154.20 of	73316
the Revised Code. These appropriations are the source of funds	73317
pledged for bond service charges on obligations issued pursuant to	73318
Chapter 154. of the Revised Code.	73319

Section 335.20.40. BEHAVIORAL HEALTH MEDICAID SERVICES

73320

The Department of Mental Health shall administer specified	73321
Medicaid Services as delegated by the Department of Job and Family	73322
Services in an interagency agreement. The foregoing appropriation	73323
item 333-607, Behavioral Health Medicaid Services, may be used to	73324
make payments for free-standing psychiatric hospital inpatient	73325
services as defined in an interagency agreement with the	73326
Department of Job and Family Services.	73327

Section 335.20.50. PERFORMANCE AUDIT

73328

The Auditor of State shall complete a performance audit of	73329
the Department of Mental Health. Upon completing the performance	73330
audit, the Auditor of State shall submit a report of the findings	73331
of the audit to the Governor, the President of the Senate, the	73332
Speaker of the House of Representatives, and the Director of	73333
Mental Health. Expenses incurred by the Auditor of State to	73334
conduct the performance audit shall be reimbursed by the	73335
Department of Mental Health.	73336

Section 325.20.60. INTERNAL REVIEW

73337

The Director of Mental Health shall consult with the Director	73338
of Budget and Management and representatives of local and county	73339
mental health services agencies to conduct an internal review of	73340
policies and procedures to increase efficiency and identify and	73341
eliminate duplicative practices. Any savings identified as a	73342
result of the internal review or the performance audit conducted	73343
by the Auditor of State shall be used for community-based care.	73344

The Director of Mental Health shall seek Controlling Board	73345
approval before expending any funds identified as a result of the	73346
internal review or the performance audit.	73347

Section 335.30. DIVISION OF MENTAL HEALTH - HOSPITALS

73348

General Revenue Fund

73349

GRF	334-408	Community and Hospital Mental Health Services	$	400,324,545	$	400,324,545	73350
GRF	334-506	Court Costs	$	976,652	$	976,652	73351
TOTAL GRF General Revenue Fund			$	401,301,197	$	401,301,197	73352

General Services Fund Group

73353

149	334-609	Hospital - Operating Expenses	$	33,800,000	$	33,800,000	73354
150	334-620	Special Education	$	120,930	$	120,930	73355
TOTAL GSF General Services							73356
Fund Group			$	33,920,930	$	33,920,930	73357

Federal Special Revenue Fund Group

73358

3A6	334-608	Subsidy for Federal Grants	$	586,224	$	586,224	73359
3A8	334-613	Federal Letter of Credit	$	200,000	$	200,000	73360
3B0	334-617	Adult Basic and Literary Education	$	182,334	$	182,334	73361
3B1	334-635	Hospital Medicaid Expansion	$	2,000,000	$	2,000,000	73362
324	334-605	Medicaid/Medicare	$	34,500,000	$	50,500,000	73363
TOTAL FED Federal Special Revenue							73364
Fund Group			$	37,468,558	$	53,468,558	73365

State Special Revenue Fund Group

73366

485	334-632	Mental Health Operating	$	3,100,000	$	3,100,000	73367
692	334-636	Community Mental Health Board Risk Fund	$	80,000	$	80,000	73368
TOTAL SSR State Special Revenue							73369
Fund Group			$	3,180,000	$	3,180,000	73370
TOTAL ALL BUDGET FUND GROUPS			$	475,870,685	$	491,870,685	73371

Section 335.30.20. COMMUNITY MENTAL HEALTH BOARD RISK FUND

73373

The foregoing appropriation item 334-636, Community Mental	73374
Health Board Risk Fund, shall be used to make payments under	73375
section 5119.62 of the Revised Code.	73376

Section 335.40. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT	73377
SERVICES	73378

General Revenue Fund

73379

GRF	335-404	Behavioral Health Services-Children	$	8,076,153	$	8,711,153	73380
GRF	335-405	Family & Children First	$	2,260,000	$	2,260,000	73381
GRF	335-419	Community Medication Subsidy	$	9,959,798	$	9,959,798	73382
GRF	335-505	Local Mental Health Systems of Care	$	104,187,868	$	104,187,868	73383
TOTAL GRF General Revenue Fund			$	124,483,819	$	125,118,819	73384

General Services Fund Group

73385

4P9	335-604	Community Mental Health Projects	$	250,000	$	250,000	73386
TOTAL GSF General Services							73387
Fund Group			$	250,000	$	250,000	73388

Federal Special Revenue Fund Group

73389

3A6	335-608	Federal Miscellaneous	$	2,178,699	$	2,178,699	73390
3A7	335-612	Social Services Block Grant	$	8,657,288	$	8,657,288	73391
3A8	335-613	Federal Grant - Community Mental Health Board Subsidy	$	2,595,040	$	2,595,040	73392
3A9	335-614	Mental Health Block Grant	$	14,969,400	$	14,969,400	73393
3B1	335-635	Community Medicaid Expansion	$	299,614,455	$	316,699,716	73394
TOTAL FED Federal Special Revenue Fund Group			$	328,014,882	$	345,100,143	73395

State Special Revenue Fund Group

73396

5AU	335-615	Behavioral Healthcare	$	6,690,000	$	6,690,000	73397
632	335-616	Community Capital Replacement	$	350,000	$	350,000	73398
5CH	335-622	Residential Support Service	$	1,500,000	$	1,500,000	73399
TOTAL SSR State Special Revenue Fund Group			$	8,540,000	$	8,540,000	73400

TOTAL ALL BUDGET FUND GROUPS	$	461,288,701	$	479,008,962	73401
DEPARTMENT TOTAL					73402
GENERAL REVENUE FUND	$	580,657,879	$	578,029,979	73403
DEPARTMENT TOTAL					73404
GENERAL SERVICES FUND GROUP	$	169,430,930	$	184,368,930	73405
DEPARTMENT TOTAL					73406
FEDERAL SPECIAL REVENUE					73407
FUND GROUP	$	385,131,197	$	418,216,458	73408
DEPARTMENT TOTAL					73409
STATE SPECIAL REVENUE FUND GROUP	$	16,059,867	$	16,039,867	73410
DEPARTMENT TOTAL					73411
TOTAL DEPARTMENT OF MENTAL HEALTH	$	1,151,279,873	$	1,196,655,234	73412

Section 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN

73414

The foregoing appropriation item 335-404, Behavioral Health	73415
Services-Children, shall be used to provide behavioral health	73416
services for children and their families. Behavioral health	73417
services include mental health and alcohol and other drug	73418
treatment services and other necessary supports.	73419

Of the foregoing appropriation item 335-404, Behavioral	73420
Health Services-Children, an amount up to $4.5 million in fiscal	73421
year 2008 and $5.5 million in fiscal year 2009 shall be	73422
distributed to local Alcohol, Drug Addiction, and Mental Health	73423
Boards; Community Mental Health Boards; and Alcohol and Drug	73424
Addiction Boards, based upon a distribution formula and guidance	73425
defined by a team of state and local stakeholders appointed by the	73426
Ohio Family and Children First Cabinet Council. This team shall	73427
include, but not be limited to, all of the following:	73428

(A) At least one representative from each of the Departments	73429
of Alcohol and Drug Addiction Services, Mental Health, Education,	73430
Health, Job and Family Services, Mental Retardation and	73431
Developmental Disabilities, and the Department of Youth Services;	73432

(B) At least one person representing local public children's	73433
services agencies;	73434

73435

(D) At least one person representing local Alcohol, Drug	73436
Addiction, and Mental Health Boards; Community Mental Health	73437
Boards; and Alcohol and Drug Addiction Boards;	73438

(E) At least one person representing local Family and	73439
Children First Council Coordinators;	73440

(F) At least one family representative.

73441

Funds may be used to support the following services and	73442
activities as determined by local Alcohol, Drug Addiction, and	73443
Mental Health Boards; Community Mental Health Boards; and Alcohol	73444
and Drug Addiction Boards and local family and children first	73445
councils and aligned with county service coordination mechanism as	73446
described in division (C) of section 121.37 of the Revised Code:	73447

(A) Mental health services provided by the Ohio Department of	73448
Mental Health certified agencies and alcohol and other drug	73449
services provided by Department of Alcohol and Drug Addiction	73450
Services certified agencies;	73451

(B) Services and supports for children and their families	73452
that further the implementation of their individual service plans;	73453

(C) Treatment services in out-of-home settings, including	73454
residential facilities, when other alternatives are not available	73455
or feasible;	73456

(D) Administrative support for efforts associated with this	73457
initiative;	73458

(E) These funds shall not be used to supplant existing	73459
efforts.	73460

Of the foregoing appropriation item 335-404, Behavioral	73461
Health Services-Children, an amount up to $1.0 million in fiscal	73462
year 2008 and $1.0 million in fiscal year 2009 shall be used to	73463
support projects, as determined by the Ohio Family and Children	73464
First Cabinet Council, in select areas around the state to focus	73465
on improving behavioral health juvenile justice services.	73466

Of the foregoing appropriation item 335-405, Family &	73467
Children First, an amount up to $500,000 in fiscal year 2008 and	73468
$500,000 in fiscal year 2009 shall be used for children for whom	73469
the primary focus of treatment is not a mental health or alcohol	73470
or drug addiction disorder and require services or supports to	73471
assist those needs through the County Family and Children First	73472
Council.	73473

Of the foregoing appropriation item 335-404, Behavioral	73474
Health Services – Children, an amount up to $500,000 in each	73475
fiscal year shall be used to provide behavioral health treatment	73476
services for children from birth to age seven.	73477

Section 335.40.15. BEHAVIORAL HEALTH PILOT PROGRAM IN	73478
SPECIFIED COUNTIES	73479

(A) As used in this section:

73480

(1) "Local boards" means all of the following, collectively:

73481

(a) The Clermont County Mental Health & Recovery Board;

73482

(b) The Heartland East Collaborative, which is comprised of	73483
the Ashtabula Mental Health & Recovery Board; the Columbiana	73484
County Mental Health & Recovery Board; the Mental Health &	73485
Recovery Board of Portage County; the Alcohol & Drug Addiction	73486
Services Board of Stark County; the Stark County Community Mental	73487
Health Board; and the Mental Health & Recovery Board of Wayne and	73488
Holmes Counties;	73489

(c) The Alcohol, Drug and Mental Health Board of Franklin	73490
County;	73491

(d) The Geauga County Board of Mental Health and Recovery	73492
Services;	73493

(e) The Mental Health, Drug and Alcohol Services Board of	73494
Logan and Champaign Counties;	73495

(f) The Mental Health & Recovery Services Board of Lucas	73496
County;	73497

(g) The Gallia-Jackson-Meigs Board of Alcohol, Drug Addiction	73498
and Mental Health Services;	73499

(h) The Mental Health and Recovery Services Board of Richland	73500
County.	73501

(2) "Large county local boards" means the Alcohol, Drug and	73502
Mental Health Board of Franklin County and the Mental Health &	73503
Recovery Services Board of Lucas County.	73504

(3) "Medicaid managed care plan" means a health insuring	73505
corporation under contract with the Department of Job and Family	73506
Services pursuant to section 5111.17 of the Revised Code.	73507

(4) "Mid-size county local boards" means the Mental Health	73508
and Recovery Services Board of Richland County and the Clermont	73509
County Mental Health & Recovery Board.	73510

(5) "Selected local boards" means the local boards selected	73511
pursuant to division (B) of this section to participate in the	73512
behavioral health pilot program.	73513

(6) "Small county local boards" means the Geauga County Board	73514
of Mental Health and Recovery Services; the Mental Health, Drug	73515
and Alcohol Services Board of Logan and Champaign Counties; and	73516
the Gallia-Jackson-Meigs Board of Alcohol, Drug Addiction and	73517
Mental Health Services.	73518

(B) The local boards and the Departments of Mental Health,	73519
Alcohol and Drug Addiction Services, and Job and Family Services	73520
shall select one large county local board, one mid-size county	73521
local board, and one small local board to participate with the	73522
Heartland East Collaborative in a behavioral health pilot program	73523
to be developed and operating not later than October 1, 2007, that	73524
serves the counties of the selected local boards and the counties	73525
served by the Heartland East Collaborative. The purpose of the	73526
program is to test a model of a system of care for community	73527
behavioral health services delivered to individuals described in	73528
division (E) of this section. The pilot program shall cease to	73529
operate on June 30, 2009.	73530

(C) The model tested by the pilot program shall propose to do	73531
all of the following:	73532

(1) Provide clinically appropriate and timely behavioral	73533
health services;	73534

(2) Provide improved access to a full continuum of behavioral	73535
health care to Medicaid recipients and individuals who are not	73536
Medicaid recipients;	73537

(3) Improve the quality of behavioral health services	73538
provided;	73539

(4) Improve accountability for behavioral health services	73540
provided through measurement of outcomes;	73541

(5) Control costs to assure financial viability;

73542

(6) Consider all public funds administered through the	73543
boards;	73544

(7) Coordinate with Medicaid managed care plans operating in	73545
the counties in which the pilot is operated.	73546

(8) Have the ability to be replicated in all regions of the	73547
state.	73548

(D) The pilot program may include the following elements:

73549

(1) Development of defined behavioral health service	73550
packages;	73551

(2) Guidelines to ensure that behavioral health service types	73552
and amounts match individual needs;	73553

(3) Identification and tracking of outcomes;

73554

(4) A process for care coordination and utilization review	73555
and management;	73556

(5) Performance standards for provider participation.

73557

(E) The pilot program shall target the following individuals:

73558

(1) Adults who reside in the counties served by the selected	73559
local boards and have been diagnosed as suffering from one or more	73560
serious mental illnesses;	73561

(2) Adults who reside in the counties served by the selected	73562
local boards and have been diagnosed as suffering from alcoholism	73563
or drug addiction, or both;	73564

(3) Adults who reside in the counties served by the selected	73565
local boards and have been diagnosed as suffering from at least	73566
one of the conditions described in division (E)(1) of this section	73567
and at least one of the conditions described in division (E)(2) of	73568
this section, who have been identified as having a high risk for	73569
frequent utilization of behavioral health services, and who	73570
currently receive services from the public behavioral health	73571
system.	73572

To the extent determined appropriate by the advisory	73573
committee that must be convened under division (G) of this	73574
section, the pilot program may target adults who reside in the	73575
counties served by the selected local boards and have been	73576
identified as having a high risk for frequent utilization of	73577
behavioral health services, regardless of diagnosis.	73578

(F) The selected local boards, the Departments of Mental	73579
Health, Alcohol and Drug Addiction Services, and Job and Family	73580
Services, and the Medicaid managed care plans operating in the	73581
counties in which the pilot is operated shall conduct an interim	73582
and final evaluation of the pilot program. A report summarizing	73583
the findings of the interim evaluation shall be submitted to the	73584
Governor, the Speaker and Minority Leader of the House of	73585
Representatives, the President and Minority Leader of the Senate,	73586
and the Directors of Mental Health, Alcohol and Drug Addiction	73587
Services, and Job and Family Services not later than January 30,	73588
2009. A report summarizing the findings of the final evaluation	73589
shall be submitted to the Governor, the Speaker and Minority	73590
Leader of the House of Representatives, the President and Minority	73591
Leader of the Senate, and the Directors of Mental Health, Alcohol	73592
and Drug Addiction Services, and Job and Family Services not later	73593
than September 1, 2009.	73594

(G) The selected local boards, Departments of Mental Health,	73595
Alcohol and Drug Addiction Services, and Job and Family Services,	73596
and Medicaid managed care plans operating in the counties in which	73597
the pilot is operated shall convene an advisory committee to	73598
consult the selected local boards and the Departments of Mental	73599
Health, Alcohol and Drug Addiction Services, and Job and Family	73600
Services in the development and operation of the pilot program.	73601
Members of the advisory committee shall represent consumers,	73602
advocacy groups, and providers of alcohol and drug addiction or	73603
mental health services.	73604

On submission of the report summarizing the results of the	73605
final evaluation of the pilot program, the advisory committee	73606
shall cease to exist.	73607

Section 335.40.20. COMMUNITY MEDICATION SUBSIDY

73608

The foregoing appropriation item 335-419, Community	73609
Medication Subsidy, shall be used to provide subsidized support	73610
for psychotropic medication needs of indigent citizens in the	73611
community to reduce unnecessary hospitalization because of lack of	73612
medication and to provide subsidized support for methadone costs.	73613

Section 335.40.30. LOCAL MENTAL HEALTH SYSTEMS OF CARE

73614

The foregoing appropriation item 335-505, Local Mental Health	73615
Systems of Care, shall be used for mental health services provided	73616
by community mental health boards in accordance with a community	73617
mental health plan submitted under section 340.03 of the Revised	73618
Code and as approved by the Department of Mental Health.	73619

Of the foregoing appropriation item 334-505, Local Mental	73620
Health Systems of Care, not less than $37,058,917 in fiscal year	73621
2008 and not less than $37,058,917 in fiscal year 2009 shall be	73622
distributed by the Department of Mental Health on a per capita	73623
basis to community mental health boards.	73624

Of the foregoing appropriation item 335-505, Local Mental	73625
Health Systems of Care, $10,000 in each fiscal year shall be	73626
allocated to The Gathering Place in Athens.	73627

Of the foregoing appropriation 335-505, Local Mental Health	73628
Systems of Care, $150,000 in each fiscal year shall be used to	73629
fund family and consumer education and support.	73630

Section 335.40.40. RESIDENTIAL STATE SUPPLEMENT

73631

The foregoing appropriation item 335-622, Residential State	73632
Supplement, shall be used to provide subsidized support for	73633
licensed adult care facilities that serve individuals with mental	73634
illness.	73635

Section 337.10. DMR DEPARTMENT OF MENTAL RETARDATION AND	73636
DEVELOPMENTAL DISABILITIES	73637

Section 337.20. GENERAL ADMINISTRATION AND STATEWIDE	73638
SERVICES	73639

General Revenue Fund

73640

GRF	320-321	Central Administration	$	9,638,610	$	9,638,610	73641
GRF	320-412	Protective Services	$	2,792,322	$	2,792,322	73642
GRF	320-415	Lease-Rental Payments	$	23,767,400	$	20,504,500	73643
TOTAL GRF General Revenue Fund			$	36,198,332	$	32,935,432	73644

General Services Fund Group

73645

4B5	320-640	Training and Service Development	$	100,000	$	100,000	73646
TOTAL GSF General Services							73647
Fund Group			$	100,000	$	100,000	73648

Federal Special Revenue Fund Group

73649

3A5	320-613	DD Council	$	2,705,004	$	2,743,630	73650
TOTAL FED Federal Special Revenue							73651
Fund Group			$	2,705,004	$	2,743,630	73652

State Special Revenue Fund Group							73653
5S2	590-622	Medicaid Administration & Oversight	$	11,003,855	$	11,472,335	73654
TOTAL SSR State Special Revenue							73655
Fund Group			$	11,003,855	$	11,472,335	73656
TOTAL ALL GENERAL ADMINISTRATION							73657
AND STATEWIDE SERVICES							73658
BUDGET FUND GROUPS			$	50,007,191	$	47,251,397	73659

Section 337.20.10. LEASE-RENTAL PAYMENTS

73660

The foregoing appropriation item 320-415, Lease-Rental	73661
Payments, shall be used to meet all payments at the time they are	73662
required to be made during the period from July 1, 2007, to June	73663
30, 2009, by the Department of Mental Retardation and	73664
Developmental Disabilities under leases and agreements made under	73665
section 154.20 of the Revised Code. These appropriations are the	73666
source of funds pledged for bond service charges or obligations	73667
issued pursuant to Chapter 154. of the Revised Code.	73668

Section 337.20.20. MR/DD FUTURES STUDY COMMITTEE

73669

(A) There is hereby created the MR/DD Futures Study	73670
Committee. The Committee shall consist of the following:	73671

(1) One member who is an individual eligible to receive	73672
services from a county board of mental retardation and	73673
developmental disabilities, appointed by the Governor;	73674

(2) One member who is an immediate family member of an	73675
individual eligible to receive services from a county board of	73676
mental retardation and developmental disabilities, appointed by	73677
the Governor;	73678

(3) Two members who are members of the House of	73679
Representatives, appointed by the Speaker of the House of	73680
Representatives as follows:	73681

(a) One member from the majority party;

73682

(b) One member from the minority party.

73683

(4) Two members who are members of the Senate, appointed by	73684
the President of the Senate as follows:	73685

(a) One member from the majority party;

73686

(b) One member from the minority party.

73687

(5) Four members of statewide advocacy organizations for	73688
individuals with mental retardation or other developmental	73689
disabilities, appointed as follows:	73690

(a) One member by the Board of Trustees of the Arc of Ohio;

73691

(b) One member by the Board of Directors of the Ohio League	73692
for the Mentally Retarded;	73693

73694

(d) One member by the governing board of an organization	73695
designated by the Director of Mental Retardation and Developmental	73696
Disabilities;	73697

(6) One member appointed by the Board of Directors of the	73698
Ohio Self-Determination Association;	73699

(7) One member appointed by the governing authority of the	73700
Ohio Superintendents of County Boards of Mental Retardation and	73701
Developmental Disabilities Association;	73702

(8) Two members appointed by the Board of Trustees of the	73703
Ohio Association of County Boards of Mental Retardation and	73704
Developmental Disabilities;	73705

(9) One member appointed by the Board of Trustees of the	73706
County Commissioners' Association of Ohio;	73707

(10) Two members appointed by the Board of Trustees of the	73708
Ohio Provider Resource Association;	73709

(11) One member appointed by the Board of Directors of the	73710
Ohio Health Care Association;	73711

(12) The Director of Job and Family Services or the	73712
Director's designee;	73713

(13) Two members appointed by the Governor who are	73714
representatives of statewide labor organizations representing	73715
public employees;	73716

(14) The Director of Mental Retardation and Developmental	73717
Disabilities, who shall serve as the committee's chairperson.	73718

(B) The Governor shall not appoint an individual under	73719
division (A)(1) or (2) of this section if the individual is an	73720
employee of the state, an employee or member of a county board of	73721
mental retardation and developmental disabilities, or an employee	73722
or a governing board member of a provider of services to an	73723
individual with mental retardation and developmental disabilities.	73724

(C) Members of the Committee shall be appointed not later	73725
than thirty days after the effective date of this section. Members	73726
of the Committee shall serve without compensation, except to the	73727
extent that serving on the committee is considered part of their	73728
regular employment duties. The Department of Mental Retardation	73729
and Developmental Disabilities may reimburse members of the	73730
Committee for their reasonable travel expenses.	73731

(D) The Committee shall meet at times and locations	73732
determined by the chairperson to do all of the following:	73733

(1) Review the effectiveness, efficiency, and sustainability	73734
of current uses of funding for the state's mental retardation and	73735
developmental disabilities system;	73736

(2) Propose alternatives for effectively funding the	73737
nonfederal share of Medicaid expenditures for home and	73738
community-based services for individuals with mental retardation	73739
and other developmental disabilities, including the amendments by	73740
this act to sections 5123.047, 5123.048, 5123.0414, 5126.059,	73741
5126.0510, 5126.0511, and 5126.0512 of the Revised Code.	73742

(3) Identify the potential for reducing administrative costs	73743
in the state's mental retardation and developmental disabilities	73744
system;	73745

(4) Propose alternatives for effectively balancing revenues	73746
available to the state and the county boards of mental retardation	73747
and developmental disabilities to fulfill their responsibilities	73748
for funding, planning, and monitoring the delivery of mental	73749
retardation and developmental disability services;	73750

(5) Examine the efficiency and effectiveness of the current	73751
system of separate and concurrent mental retardation and	73752
developmental disabilities accreditation, licensure,	73753
certification, quality assurance, and quality improvement	73754
activities and propose changes to improve that system;	73755

(6) Recommend steps necessary to assure the long term	73756
financial sustainability of mental retardation and developmental	73757
disability services to meet current and future needs while	73758
affording counties the ability to make local decisions about the	73759
priority uses of local tax levy funding;	73760

(7) Determine the feasibility and potential benefits of	73761
regional planning approaches to meet specialized and intensive	73762
service needs;	73763

(8) Propose improvements needed and action steps to fully	73764
realize the principle of self-determination by individuals with	73765
mental retardation and other developmental disabilities;	73766

(9) Evaluate the effectiveness and equity of the state's	73767
mental retardation and developmental disabilities systems' uses of	73768
waiting and service substitution lists, priority populations, and	73769
having separate acuity instruments that vary by service setting;	73770

(10) Review other matters the Director of Mental Retardation	73771
and Developmental Disabilities considers appropriate for	73772
evaluations.	73773

(E) The Committee shall not transact business unless a quorum	73774
is present. A majority of the Committee members constitutes a	73775
quorum.	73776

(F) Not later than March 30, 2008, the Committee shall submit	73777
a report on its actions and recommendations to the Governor and	73778
General Assembly. The Committee shall cease to exist on submission	73779
of the report.	73780

Section 337.30. COMMUNITY SERVICES

73781

General Revenue Fund

73782

GRF	322-413	Residential and Support Services	$	6,753,881	$	6,753,881	73783
GRF	322-416	Medicaid Waiver - State Match	$	109,551,380	$	109,551,380	73784
GRF	322-451	Family Support Services	$	6,938,898	$	6,938,898	73785
GRF	322-501	County Boards Subsidies	$	87,270,048	$	87,270,048	73786
GRF	322-503	Tax Equity	$	14,000,000	$	14,000,000	73787
GRF	322-504	Martin Settlement	$	6,159,766	$	29,036,451	73788
TOTAL GRF General Revenue Fund			$	230,673,973	$	253,550,658	73789

General Services Fund Group

73790

488	322-603	Provider Audit Refunds	$	10,000	$	10,000	73791
5MO	322-628	Martin Settlement	$	150,000	$	0	73792
TOTAL GSF General Services							73793
Fund Group			$	160,000	$	10,000	73794

Federal Special Revenue Fund Group

73795

3G6	322-639	Medicaid Waiver - Federal	$	456,311,171	$	506,618,829	73796
3M7	322-650	CAFS Medicaid	$	4,278,713	$	0	73797
325	322-612	Community Social Service Programs	$	11,186,114	$	11,164,639	73798
TOTAL FED Federal Special Revenue							73799
Fund Group			$	471,775,998	$	517,783,468	73800

State Special Revenue Fund Group

73801

4K8	322-604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	73802
5DJ	322-625	Targeted Case Management Match	$	11,082,857	$	11,470,757	73803
5DJ	322-626	Targeted Case Management Services	$	27,548,737	$	28,512,943	73804
5EV	322-627	Program Fees	$	20,000	$	20,000	73805
5H0	322-619	Medicaid Repayment	$	10,000	$	10,000	73806
5Z1	322-624	County Board Waiver Match	$	116,000,000	$	126,000,000	73807
TOTAL SSR State Special Revenue							73808
Fund Group			$	166,661,594	$	178,013,700	73809
TOTAL ALL COMMUNITY SERVICES							73810
BUDGET FUND GROUPS			$	869,271,565	$	949,357,826	73811

Section 337.30.10. RESIDENTIAL AND SUPPORT SERVICES

73813

The Department of Mental Retardation and Developmental	73814
Disabilities may designate a portion of appropriation item	73815
322-413, Residential and Support Services, for Sermak Class	73816
Services used to implement the requirements of the agreement	73817
settling the condecree in Sermak v. Manuel, Case No. c-2-80-220,	73818
United States District Court for the Southern District of Ohio,	73819
Eastern Division.	73820

Section 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE	73821
PROGRAMS	73822

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	73823
the Department of Mental Retardation and Developmental	73824
Disabilities may develop residential and support service programs	73825
funded by appropriation item 322-413, Residential and Support	73826
Services, and the appropriation for supported living in	73827
appropriation item 322-501, County Board Subsidy, that enable	73828
persons with mental retardation and developmental disabilities to	73829
live in the community. Notwithstanding Chapter 5121. and section	73830
5123.122 of the Revised Code, the Department may waive the support	73831
collection requirements of those statutes for persons in community	73832
programs developed by the Department under this section. The	73833
Department shall adopt rules under Chapter 119. of the Revised	73834
Code or may use existing rules for the implementation of these	73835
programs.	73836

Section 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)

73837

Except as otherwise provided in section 5123.0416 of the	73838
Revised Code, the purposes for which the foregoing appropriation	73839
item 322-416, Medicaid Waiver - State Match, shall be used include	73840
the following:	73841

(A) Home and community-based waiver services under Title XIX	73842
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	73843
as amended.	73844

(B) To pay the nonfederal share of the cost of one or more	73845
new intermediate care facility for the mentally retarded certified	73846
beds, if the Director of Mental Retardation and Developmental	73847
Disabilities is required by this act to transfer to the Director	73848
of Job and Family Services funds to pay such nonfederal share.	73849

Except as otherwise provided in section 5123.0416 of the	73850
Revised Code, the Department of Mental Retardation and	73851
Developmental Disabilities may designate a portion of	73852
appropriation item 322-416, Medicaid Waiver - State Match, to	73853
county boards of mental retardation and developmental disabilities	73854
that have greater need for various residential and support	73855
services because of a low percentage of residential and support	73856
services development in comparison to the number of individuals	73857
with mental retardation or developmental disabilities in the	73858
county.	73859

Section 337.30.40. STATE SUBSIDY TO COUNTY MR/DD BOARDS

73860

Except as otherwise provided in Section 337.40.30 of this	73861
act, the Department of Mental Retardation and Developmental	73862
Disabilities shall use the foregoing appropriation item 322-501,	73863
County Boards Subsidy, to pay each county board of mental	73864
retardation and developmental disabilities in each fiscal year of	73865
the biennium an amount that is equal to the amount such board	73866
received in fiscal year 2007 from former appropriation items	73867
322-417, Supported Living; 322-452, Service and Support	73868
Administration; and 322-501, County Boards Subsidies.	73869

Except as otherwise provided in section 5126.0511 of the	73870
Revised Code, county boards shall use the subsidy for early	73871
childhood services and adult services provided under section	73872
5126.05 of the Revised Code, service and support administration	73873
provided under section 5126.15 of the Revised Code, and supported	73874
living as defined in section 5126.01 of the Revised Code.	73875

In the event that the appropriation in appropriation item	73876
322-501, County Board Subsidy, for fiscal year 2008 or fiscal year	73877
2009 is greater than the subsidy paid by the Department for fiscal	73878
year 2007 from former appropriation items 332-417, Supported	73879
Living; 322-452, Services and Support Administration; and 322-501,	73880
County Boards Subsidies, the Department and county boards shall	73881
develop a formula for allocating the additional appropriation to	73882
each county board to support priorities determined by the	73883
Department and county boards.	73884

The Department shall distribute this subsidy to county boards	73885
in quarterly installments of equal amounts. The installments shall	73886
be made not later than the thirtieth day of September, the	73887
thirty-first day of December, the thirty-first day of March, and	73888
thirtieth day of June.	73889

The Department also may use the foregoing appropriation item	73890
322-501, County Boards Subsidy, to pay the nonfederal share of the	73891
cost of one or more new intermediate care facility for the	73892
mentally retarded certified beds, if the Director of Mental	73893
Retardation and Developmental Disabilities is required by this act	73894
to transfer to the Director of Job and Family Services funds to	73895
pay such nonfederal share.	73896

Section 337.30.43. TAX EQUITY

73897

Notwithstanding section 5126.18 of the Revised Code, if a	73898
county board of mental retardation and developmental disabilities	73899
received a tax equity payment in fiscal year 2007, but would not	73900
receive such a payment in fiscal years 2008 and 2009, the	73901
Department of Mental Retardation and Developmental Disabilities	73902
shall use the foregoing appropriation item 322-503, Tax Equity, to	73903
pay each such board in each fiscal year of the biennium an amount	73904
that is equal to the tax equity payment the board received in	73905
fiscal year 2007 or $25,000, whichever is less. The Department	73906
shall use the remainder of the appropriation item to make tax	73907
equity payments in accordance with section 5126.18 of the Revised	73908
Code.	73909

Section 337.30.45. MARTIN CONSENT ORDER COMPLIANCE

73910

To comply with the Martin Consent Order, on July 1, 2007, or	73911
as soon as possible thereafter, the Director of Budget and	73912
Management shall transfer $150,000 in cash from the General	73913
Revenue Fund to the Program Income Fund (FUND 5MO).	73914

Section 337.30.50. MEDICAID WAIVER - STATE MATCH (FUND 4K8)

73915

The foregoing appropriation item 322-604, Medicaid Waiver -	73916
State Match (Fund 4K8), shall be used as state matching funds for	73917
the home and community-based waivers.	73918

Section 337.30.60. TARGETED CASE MANAGEMENT SERVICES

73919

County boards of mental retardation and developmental	73920
disabilities shall pay the nonfederal portion of targeted case	73921
management costs to the Department of Mental Retardation and	73922
Developmental Disabilities. The Director of Mental Retardation and	73923
Developmental Disabilities shall withhold any amount owed to the	73924
Department from subsequent disbursements from any appropriation	73925
item or money otherwise due to a nonpaying county.	73926

The Departments of Mental Retardation and Developmental	73927
Disabilities and Job and Family Services may enter into an	73928
interagency agreement under which the Department of Mental	73929
Retardation and Developmental Disabilities shall pay the	73930
Department of Job and Family Services the nonfederal portion of	73931
the cost of targeted case management services paid by county	73932
boards and the Department of Job and Family Services shall pay the	73933
total cost of targeted case management claims.	73934

Section 337.30.70. TRANSFER TO PROGRAM FEE FUND

73935

On July 1, 2007, or as soon as possible thereafter, the	73936
Director of Mental Retardation and Developmental Disabilities	73937
shall certify to the Director of Budget and Management the amount	73938
of cash that has been deposited into Fund 4B5,	73939
Conference/Training, pursuant to sections 5123.19 and 5126.25 of	73940
the Revised Code, less the amount that has been expended from Fund	73941
4B5 to operate the Certification and Registration Program	73942
established under section 5126.25 of the Revised Code and to	73943
license and inspect residential facilities as outlined in section	73944
5123.19 of the Revised Code. The certified amount shall not	73945
include amounts deposited into Fund 4B5 for training and	73946
conferences conducted by the Department of Mental Retardation and	73947
Developmental Disabilities. Upon receipt of the certification, the	73948
Director of Budget and Management shall transfer cash equal to the	73949
amount certified and all associated liabilities and obligations to	73950
Fund 5EV, Program Fee Fund, in the Department of Mental	73951
Retardation and Developmental Disabilities.	73952

Section 337.30.80. DEVELOPMENTAL CENTER BILLING FOR SERVICES

73953

Developmental centers of the Department of Mental Retardation	73954
and Developmental Disabilities may provide services to persons	73955
with mental retardation or developmental disabilities living in	73956
the community or to providers of services to these persons. The	73957
Department may develop a method for recovery of all costs	73958
associated with the provisions of these services.	73959

Section 337.40. RESIDENTIAL FACILITIES

73960

General Revenue Fund

73961

GRF	323-321		Developmental Center and Residential Facilities Operation Expenses		$	102,796,851		$	102,796,851		73962
TOTAL GRF General Revenue Fund					$	102,796,851		$	102,796,851		73963

General Services Fund Group

73964

152	323-609	Developmental Center and Residential Operating Services	$	912,177	$	912,177	73965
TOTAL GSF General Services							73966
Fund Group			$	912,177	$	912,177	73967

Federal Special Revenue Fund Group

73968

3A4	323-605	Developmental Center and Residential Facility Services and Support	$	136,299,536	$	137,555,308	73969
TOTAL FED Federal Special Revenue							73970
Fund Group			$	136,299,536	$	137,555,308	73971

State Special Revenue Fund Group

73972

221	322-620	Supplement Service Trust	$	150,000	$	150,000	73973
489	323-632	Developmental Center Direct Care Support	$	14,543,764	$	14,671,616	73974
TOTAL SSR State Special Revenue							73975
Fund Group			$	14,693,764	$	14,821,616	73976
TOTAL ALL RESIDENTIAL FACILITIES							73977
BUDGET FUND GROUPS			$	254,702,328	$	256,085,952	73978

DEPARTMENT TOTAL					73979
GENERAL REVENUE FUND	$	369,669,156	$	389,282,941	73980
DEPARTMENT TOTAL					73981
GENERAL SERVICES FUND GROUP	$	1,172,177	$	1,022,177	73982
DEPARTMENT TOTAL					73983
FEDERAL SPECIAL REVENUE FUND GROUP	$	610,780,538	$	658,082,406	73984
DEPARTMENT TOTAL					73985
STATE SPECIAL REVENUE FUND GROUP	$	192,359,213	$	204,307,651	73986
TOTAL DEPARTMENT OF MENTAL					73987
RETARDATION AND DEVELOPMENTAL					73988
DISABILITIES	$	1,173,981,084	$	1,252,695,175	73989

Section 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	73991
PHARMACY PROGRAMS	73992

The Department of Mental Retardation and Developmental	73993
Disabilities shall pay the Department of Job and Family Services	73994
quarterly, through intrastate transfer voucher, the nonfederal	73995
share of Medicaid prescription drug claim costs for all	73996
developmental centers paid by the Department of Job and Family	73997
Services.	73998

Section 337.40.15. GALLIPOLIS DEVELOPMENTAL CENTER PILOT	73999
PROGRAM	74000

The Director of Job and Family Services, working with the	74001
Director of Mental Retardation and Developmental Disabilities,	74002
shall submit to the United States Secretary of Health and Human	74003
Services an amendment to the federal Medicaid waiver authorizing	74004
the Individual Options Medicaid waiver program as necessary to	74005
establish, as part of the Individual Options Medicaid Waiver	74006
program, a pilot program to be operated during calendar year 2008	74007
under which the Gallipolis Developmental Center provides home and	74008
community-based services under the Individual Options Medicaid	74009
waiver program to not more than ten individuals at one time. The	74010
Director shall implement the pilot program if the United States	74011
Secretary approves the amendment.	74012

The pilot program shall be operated in a manner consistent	74013
with the terms of the consent order filed March 5, 2007, in Martin	74014
v. Strickland, Case No. 89-CV-00362, in the United States District	74015
Court for the Southern District of Ohio, Eastern Division. The	74016
pilot program also shall be operated in accordance with the	74017
amendment to the federal Medicaid waiver authorizing the	74018
Individual Options Medicaid waiver program sought under this	74019
section. Only individuals eligible for the Individual Options	74020
Medicaid waiver program who volunteer to receive home and	74021
community-based services under the Individual Options Medicaid	74022
waiver program from the Gallipolis Developmental Center may	74023
participate in the pilot program. The Director of Mental	74024
Retardation and Developmental Disabilities and the Director of Job	74025
and Family Services shall provide the Gallipolis Developmental	74026
Center technical assistance the Center needs regarding the pilot	74027
program.	74028

The Gallipolis Developmental Center shall be paid in the same	74029
manner and at the same rates as other providers of home and	74030
community-based services under the Individual Options Medicaid	74031
waiver program for the home and community-based services the	74032
Center provides under the program. All expenses the Gallipolis	74033
Developmental Center incurs in participating in the pilot program	74034
shall be paid from the Medicaid payments the Center receives for	74035
providing home and community-based services under the program.	74036

The Director of Mental Retardation and Developmental	74037
Disabilities shall conduct an evaluation of the pilot program,	74038
including an evaluation of the quality and effectiveness of the	74039
home and community-based services the Gallipolis Developmental	74040
Center provides under the pilot program. The Director shall submit	74041
a report of the evaluation to the Governor and the General	74042
Assembly not later than April 1, 2009. The Director shall include	74043
in the report recommendations for or against permitting the	74044
Gallipolis Developmental Center to continue to provide home and	74045
community-based services under the Individual Options Medicaid	74046
waiver program and permitting other developmental centers to begin	74047
to provide these services.	74048

Section 337.40.20. NONFEDERAL MATCH FOR ACTIVE TREATMENT	74049
SERVICES	74050

Any county funds received by the Department from county	74051
boards for active treatment shall be deposited in Fund 489, Mental	74052
Retardation Operating.	74053

Section 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS

74054

(A) As used in this section, "intermediate care facility for	74055
the mentally retarded" has the same meaning as in section 5111.20	74056
of the Revised Code.	74057

(B) If one or more new beds obtain certification as an	74058
intermediate care facility for the mentally retarded bed on or	74059
after July 1, 2007, the Director of Mental Retardation and	74060
Developmental Disabilities shall transfer funds to the Department	74061
of Job and Family Services to pay the nonfederal share of the cost	74062
under the Medicaid Program for those beds. Except as otherwise	74063
provided in section 5123.0416 of the Revised Code, the Director	74064
shall use only the following funds for the transfer:	74065

(1) Funds appropriated to the Department of Mental	74066
Retardation and Developmental Disabilities in appropriation item	74067
322-416, Medicaid Waiver - State Match;	74068

(2) Funds appropriated to the Department in appropriation	74069
item 322-501, County Boards Subsidies.	74070

(C) If the beds are located in a county served by a county	74071
board of mental retardation and developmental disabilities that	74072
initiates or supports the beds' certification, the funds that the	74073
Director transfers under division (B) of this section shall be	74074
funds that the Director has allocated to the county board serving	74075
the county in which the beds are located unless the amount of the	74076
allocation is insufficient to pay the entire nonfederal share of	74077
the cost under the Medicaid Program for those beds. If the	74078
allocation is insufficient, the Director shall use as much of such	74079
funds allocated to other counties as is needed to make up the	74080
difference.	74081

Section 339.10. MIH COMMISSION ON MINORITY HEALTH

74082

General Revenue Fund

74083

GRF	149-321	Operating Expenses	$	550,211	$	561,216	74084
GRF	149-501	Minority Health Grants	$	670,965	$	1,670,965	74085
GRF	149-502	Lupus Program	$	136,126	$	136,126	74086
TOTAL GRF General Revenue Fund			$	1,357,302	$	2,368,307	74087

Federal Special Revenue Fund Group

74088

3J9	149-602	Federal Grants	$	457,486	$	320,297	74089
TOTAL FED Federal Special Revenue							74090
Fund Group			$	457,486	$	320,297	74091

State Special Revenue Fund Group

74092

4C2	149-601	Minority Health Conference	$	150,000	$	150,000	74093
TOTAL SSR State Special Revenue							74094
Fund Group			$	150,000	$	150,000	74095
TOTAL ALL BUDGET FUND GROUPS			$	1,964,788	$	2,838,604	74096

Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR	74098
REGISTRATION BOARD	74099

General Service Fund Group

74100

4K9	865-601	Operating Expenses	$	334,995	$	334,995	74101
TOTAL GSF General Services							74102
Fund Group			$	334,995	$	334,995	74103
TOTAL ALL BUDGET FUND GROUPS			$	334,995	$	334,995	74104

CASH TRANSFER TO OCCUPATIONAL LICENSING AND REGULATORY FUND	74105
(FUND 4K9)	74106

Effective July 1, 2007, or as soon as possible thereafter,	74107
the Director of Budget and Management may transfer the cash	74108
balance in the Motor Vehicle Collision Repair Registration Fund	74109
(Fund 5H9), created in division (A) of section 4775.08 of the	74110
Revised Code, to the Occupational Licensing and Regulatory Fund	74111
(Fund 4K9), created in section 4743.05 of the Revised Code. The	74112
Director may cancel any existing encumbrances against	74113
appropriation item 865-609, Operating Expenses – CRB, in Fund 5H9,	74114
and re-establish them against appropriation item 865-601,	74115
Operating Expenses, in Fund 4K9. The amounts of the re-established	74116
encumbrances are hereby appropriated. The Motor Vehicle Collision	74117
Repair Registration Fund (Fund 5H9), created in division (A) of	74118
section 4775.08 of the Revised Code, is hereby abolished.	74119

Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

74120

General Revenue Fund

74121

GRF	725-401	Wildlife-GRF Central Support	$	2,705,950	$	2,800,930	74122
GRF	725-404	Fountain Square Rental Payments - OBA	$	1,094,900	$	1,081,200	74123
GRF	725-407	Conservation Reserve Enhancement Program	$	1,000,000	$	1,000,000	74124
GRF	725-413	Lease Rental Payments	$	19,589,400	$	18,316,200	74125
GRF	725-423	Stream and Ground Water Gauging	$	311,910	$	311,910	74126
GRF	725-425	Wildlife License Reimbursement	$	500,000	$	400,000	74127
GRF	725-456	Canal Lands	$	332,859	$	332,859	74128
GRF	725-502	Soil and Water Districts	$	12,237,420	$	12,895,791	74129
GRF	725-903	Natural Resources General Obligation Debt Service	$	24,713,800	$	25,723,000	74130
GRF	727-321	Division of Forestry	$	8,541,511	$	8,541,511	74131
GRF	728-321	Division of Geological Survey	$	1,799,222	$	1,825,150	74132
GRF	729-321	Office of Information Technology	$	440,895	$	440,895	74133
GRF	730-321	Division of Parks and Recreation	$	39,874,841	$	39,874,841	74134
GRF	733-321	Division of Water	$	3,207,619	$	3,257,619	74135
GRF	736-321	Division of Engineering	$	3,118,703	$	3,118,703	74136
GRF	737-321	Division of Soil and Water	$	4,074,788	$	4,074,788	74137
GRF	738-321	Division of Real Estate and Land Management	$	2,291,874	$	2,291,874	74138
GRF	741-321	Division of Natural Areas and Preserves	$	3,050,000	$	3,050,000	74139
GRF	744-321	Division of Mineral Resources Management	$	3,068,167	$	3,068,167	74140
TOTAL GRF General Revenue Fund			$	131,953,859	$	132,405,438	74141

General Services Fund Group

74142

155	725-601	Departmental Projects	$	2,259,402	$	2,260,021	74143
157	725-651	Central Support Indirect	$	6,228,950	$	6,528,675	74144
204	725-687	Information Services	$	4,676,627	$	4,676,627	74145
207	725-690	Real Estate Services	$	64,000	$	64,000	74146
223	725-665	Law Enforcement Administration	$	2,230,485	$	2,358,307	74147
227	725-406	Parks Projects Personnel	$	110,000	$	110,000	74148
4D5	725-618	Recycled Materials	$	50,000	$	50,000	74149
4S9	725-622	NatureWorks Personnel	$	525,000	$	525,000	74150
4X8	725-662	Water Resources Council	$	125,000	$	125,000	74151
430	725-671	Canal Lands	$	1,150,082	$	1,150,082	74152
508	725-684	Natural Resources Publications	$	148,527	$	148,280	74153
510	725-631	Maintenance - State-owned Residences	$	353,611	$	303,611	74154
516	725-620	Water Management	$	2,913,618	$	2,931,513	74155
635	725-664	Fountain Square Facilities Management	$	3,609,835	$	3,640,398	74156
697	725-670	Submerged Lands	$	751,342	$	772,011	74157
TOTAL GSF General Services							74158
Fund Group			$	25,196,479	$	25,643,525	74159

Federal Special Revenue Fund Group

74160

3B3	725-640	Federal Forest Pass-Thru	$	225,000	$	225,000	74161
3B4	725-641	Federal Flood Pass-Thru	$	490,000	$	490,000	74162
3B5	725-645	Federal Abandoned Mine Lands	$	14,307,664	$	14,307,667	74163
3B6	725-653	Federal Land and Water Conservation Grants	$	2,000,000	$	2,000,000	74164
3B7	725-654	Reclamation - Regulatory	$	2,107,291	$	2,107,292	74165
3P0	725-630	Natural Areas and Preserves - Federal	$	215,000	$	215,000	74166
3P1	725-632	Geological Survey - Federal	$	655,000	$	720,000	74167
3P2	725-642	Oil and Gas-Federal	$	226,961	$	234,509	74168
3P3	725-650	Coastal Management - Federal	$	2,643,323	$	1,691,237	74169
3P4	725-660	Water - Federal	$	316,304	$	316,734	74170
3R5	725-673	Acid Mine Drainage Abatement/Treatment	$	1,999,998	$	2,025,001	74171
3Z5	725-657	REALM-Federal	$	1,850,000	$	1,850,000	74172
332	725-669	Federal Mine Safety Grant	$	258,102	$	258,102	74173
TOTAL FED Federal Special Revenue							74174
Fund Group			$	27,294,643	$	26,440,542	74175

State Special Revenue Fund Group

74176

4J2	725-628	Injection Well Review	$	67,578	$	68,933	74177
4M7	725-631	Wildfire Suppression	$	70,000	$	0	74178
4M7	725-686	Wildfire Suppression	$	100,000	$	100,000	74179
4U6	725-668	Scenic Rivers Protection	$	407,100	$	407,100	74180
5BV	725-683	Soil and Water Districts	$	1,850,000	$	1,850,000	74181
5B3	725-674	Mining Regulation	$	28,850	$	28,850	74182
5K1	725-626	Urban Forestry Grant	$	10,000	$	12,000	74183
5P2	725-634	Wildlife Boater Angler Administration	$	3,500,000	$	3,500,000	74184
509	725-602	State Forest	$	5,070,946	$	5,211,924	74185
511	725-646	Ohio Geological Mapping	$	815,179	$	724,310	74186
512	725-605	State Parks Operations	$	27,314,288	$	27,314,288	74187
512	725-680	Parks Facilities Maintenance	$	2,576,240	$	2,576,240	74188
514	725-606	Lake Erie Shoreline	$	917,113	$	757,113	74189
518	725-643	Oil and Gas Permit Fees	$	2,574,378	$	2,586,568	74190
518	725-677	Oil and Gas Well Plugging	$	800,000	$	800,000	74191
521	725-627	Off-Road Vehicle Trails	$	198,490	$	143,490	74192
522	725-656	Natural Areas and Preserves	$	1,550,670	$	1,550,670	74193
526	725-610	Strip Mining Administration Fee	$	1,932,491	$	1,903,871	74194
527	725-637	Surface Mining Administration	$	1,852,842	$	1,946,591	74195
529	725-639	Unreclaimed Land Fund	$	2,892,516	$	2,024,257	74196
531	725-648	Reclamation Forfeiture	$	2,062,234	$	2,062,237	74197
532	725-644	Litter Control and Recycling	$	6,280,681	$	6,280,681	74198
586	725-633	Scrap Tire Program	$	1,000,000	$	1,000,000	74199
615	725-661	Dam Safety	$	548,223	$	595,416	74200
TOTAL SSR State Special Revenue							74201
Fund Group			$	64,419,819	$	63,444,539	74202

Clean Ohio Conservation Fund Group

74203

061	725-405		Clean Ohio Operating		$	155,000		$	155,000		74204
TOTAL CLF Clean Ohio Conservation Fund Group					$	155,000		$	155,000		74205

Wildlife Fund Group

74206

015	740-401	Division of Wildlife Conservation	$	53,706,000	$	54,906,000	74207
815	725-636	Cooperative Management Projects	$	120,449	$	120,449	74208
816	725-649	Wetlands Habitat	$	966,885	$	966,885	74209
817	725-655	Wildlife Conservation Checkoff Fund	$	5,000,000	$	5,000,000	74210
818	725-629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	74211
819	725-685	Ohio River Management	$	128,584	$	128,584	74212
TOTAL WLF Wildlife Fund Group			$	61,421,918	$	62,621,918	74213

Waterways Safety Fund Group

74214

086	725-414	Waterways Improvement	$	3,925,075	$	4,062,452	74215
086	725-418	Buoy Placement	$	52,182	$	52,182	74216
086	725-501	Waterway Safety Grants	$	137,867	$	137,867	74217
086	725-506	Watercraft Marine Patrol	$	576,153	$	576,153	74218
086	725-513	Watercraft Educational Grants	$	366,643	$	366,643	74219
086	739-401	Division of Watercraft	$	19,626,681	$	20,166,681	74220
5AW	725-682	Watercraft Revolving Loans	$	1,000,000	$	1,000,000	74221
TOTAL WSF Waterways Safety Fund							74222
Group			$	25,684,601	$	26,361,978	74223

Holding Account Redistribution Fund Group

74224

R17	725-659	Performance Cash Bond Refunds	$	279,263	$	279,263	74225
R43	725-624	Forestry	$	1,950,188	$	2,007,977	74226
TOTAL 090 Holding Account							74227
Redistribution Fund Group			$	2,229,451	$	2,287,240	74228

Accrued Leave Liability Fund Group

74229

4M8	725-675	FOP Contract	$	20,844	$	20,844	74230
TOTAL ALF Accrued Leave							74231
Liability Fund Group			$	20,844	$	20,844	74232
TOTAL ALL BUDGET FUND GROUPS			$	338,376,614	$	339,381,024	74233

Section 343.20. CENTRAL SUPPORT INDIRECT

74235

With the exception of the Division of Wildlife, whose direct	74236
and indirect central support charges shall be paid out of the	74237
General Revenue Fund from the foregoing appropriation item	74238
725-401, Wildlife-GRF Central Support, the Department of Natural	74239
Resources, with approval of the Director of Budget and Management,	74240
shall utilize a methodology for determining each division's	74241
payments into the Central Support Indirect Fund (Fund 157). The	74242
methodology used shall contain the characteristics of	74243
administrative ease and uniform application in compliance with	74244
federal grant requirements. It may include direct cost charges for	74245
specific services provided. Payments to the Central Support	74246
Indirect Fund (Fund 157) shall be made using an intrastate	74247
transfer voucher.	74248

Section 343.30. FOUNTAIN SQUARE

74249

The foregoing appropriation item 725-404, Fountain Square	74250
Rental Payments - OBA, shall be used by the Department of Natural	74251
Resources to meet all payments required to be made to the Ohio	74252
Building Authority during the period from July 1, 2007, to June	74253
30, 2009, pursuant to leases and agreements with the Ohio Building	74254
Authority under section 152.42 of the Revised Code. These	74255
appropriations are the source of funds pledged for bond service	74256
charges on obligations issued pursuant to Chapter 152. of the	74257
Revised Code.	74258

The Director of Natural Resources, using intrastate transfer	74259
vouchers, shall make payments to the General Revenue Fund from	74260
funds other than the General Revenue Fund to reimburse the General	74261
Revenue Fund for the other funds' shares of the lease rental	74262
payments to the Ohio Building Authority. The transfers from the	74263
non-General Revenue funds shall be made within 10 days of the	74264
payment to the Ohio Building Authority for the actual amounts	74265
necessary to fulfill the leases and agreements pursuant to section	74266
152.241 of the Revised Code.	74267

The foregoing appropriation item 725-664, Fountain Square	74268
Facilities Management (Fund 635), shall be used for payment of	74269
repairs, renovation, utilities, property management, and building	74270
maintenance expenses for the Fountain Square Complex. Cash	74271
transferred by intrastate transfer vouchers from various	74272
department funds and rental income received by the Department of	74273
Natural Resources shall be deposited into the Fountain Square	74274
Facilities Management Fund (Fund 635).	74275

LEASE RENTAL PAYMENTS

74276

The foregoing appropriation item 725-413, Lease Rental	74277
Payments, shall be used to meet all payments at the times they are	74278
required to be made during the period from July 1, 2007, to June	74279
30, 2009, by the Department of Natural Resources pursuant to	74280
leases and agreements made under section 154.22 of the Revised	74281
Code. These appropriations are the source of funds pledged for	74282
bond service charges or obligations issued pursuant to Chapter	74283
154. of the Revised Code.	74284

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

74285

The foregoing appropriation item 725-903, Natural Resources	74286
General Obligation Debt Service, shall be used to pay all debt	74287
service and related financing costs during the period July 1,	74288
2007, to June 30, 2009, on obligations issued under sections	74289
151.01 and 151.05 of the Revised Code.	74290

Section 343.35. DIVISION OF SOIL AND WATER

74291

Of the foregoing appropriation item 737-321, Division of Soil	74292
and Water, $100,000 in each fiscal year shall be used for soil and	74293
water quality improvements utilizing best management practices.	74294

Section 343.40. WILDLIFE LICENSE REIMBURSEMENT

74295

Notwithstanding the limits of the transfer from the General	74296
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	74297
of the Revised Code, up to the amount available in appropriation	74298
item 725-425, Wildlife License Reimbursement, may be transferred	74299
from the General Revenue Fund to the Wildlife Fund (Fund 015).	74300
Pursuant to the certification of the Director of Budget and	74301
Management of the amount of foregone revenue in accordance with	74302
section 1533.15 of the Revised Code, the foregoing appropriation	74303
item in the General Revenue Fund, appropriation item 725-425,	74304
Wildlife License Reimbursement, shall be used to reimburse the	74305
Wildlife Fund (Fund 015) for the cost of hunting and fishing	74306
licenses and permits issued after June 30, 1990, to individuals	74307
who are exempted under the Revised Code from license, permit, and	74308
stamp fees.	74309

CANAL LANDS

74310

The foregoing appropriation item 725-456, Canal Lands, shall	74311
be used to transfer funds to the Canal Lands Fund (Fund 430) to	74312
provide operating expenses for the State Canal Lands Program. The	74313
transfer shall be made using an intrastate transfer voucher and	74314
shall be subject to the approval of the Director of Budget and	74315
Management.	74316

SOIL AND WATER DISTRICTS

74317

In addition to state payments to soil and water conservation	74318
districts authorized by section 1515.10 of the Revised Code, the	74319
Department of Natural Resources may pay to any soil and water	74320
conservation district, from authority in appropriation item	74321
725-502, Soil and Water Districts, an annual amount not to exceed	74322
$30,000, upon receipt of a request and justification from the	74323
district and approval by the Ohio Soil and Water Conservation	74324
Commission. The county auditor shall credit the payments to the	74325
special fund established under section 1515.10 of the Revised Code	74326
for the local soil and water conservation district. Moneys	74327
received by each district shall be expended for the purposes of	74328
the district. The foregoing appropriation item 725-683, Soil and	74329
Water Districts, shall be expended for the purposes described	74330
above, except that the funding source for this appropriation shall	74331
be a fee applied on the disposal of construction and demolition	74332
debris as provided in section 1515.14 of the Revised Code, as	74333
amended by this act.	74334

Of the foregoing appropriation item 725-683, Soil and Water	74335
Districts, $220,000 in each fiscal year shall be used to support	74336
the Heidelberg College Water Quality Laboratory.	74337

Of the foregoing appropriation item 725-683, Soil and Water	74338
Districts, $125,000 in each fiscal year shall be used for the	74339
Indian Lake Watershed in Logan County.	74340

Of the foregoing appropriation item 725-502, Soil and Water	74341
Districts, $50,000 in each fiscal year shall be used for the	74342
Conservation Action Project.	74343

STATE PARK DEPRECIATION RESERVE

74344

The foregoing appropriation item 725-680, Parks Facilities	74345
Maintenance, shall be used by the Division of Parks and Recreation	74346
to maintain state park revenue-producing facilities in the best	74347
economic operating condition and to repair and replace equipment	74348
used in the operation of state park revenue producing facilities.	74349

OIL AND GAS WELL PLUGGING

74350

The foregoing appropriation item 725-677, Oil and Gas Well	74351
Plugging, shall be used exclusively for the purposes of plugging	74352
wells and to properly restore the land surface of idle and orphan	74353
oil and gas wells pursuant to section 1509.071 of the Revised	74354
Code. No funds from the appropriation item shall be used for	74355
salaries, maintenance, equipment, or other administrative	74356
purposes, except for those costs directly attributed to the	74357
plugging of an idle or orphan well. Appropriation authority from	74358
this appropriation item shall not be transferred to any other fund	74359
or line item.	74360

LITTER CONTROL AND RECYCLING

74361

Of the foregoing appropriation item, 725-644, Litter Control	74362
and Recycling, not more than $1,500,000 may be used in each fiscal	74363
year for the administration of the Recycling and Litter Prevention	74364
program.	74365

CLEAN OHIO OPERATING EXPENSES

74366

The foregoing appropriation item 725-405, Clean Ohio	74367
Operating, shall be used by the Department of Natural Resources in	74368
administering section 1519.05 of the Revised Code.	74369

WATERWAYS IMPROVEMENTS

74370

Of the foregoing appropriation item 725-414, Waterways	74371
Improvement, $50,000 in each fiscal year shall be used for	74372
dredging operations at Fairport Harbor.	74373

WATERCRAFT MARINE PATROL

74374

Of the foregoing appropriation item 739-401, Division of	74375
Watercraft, not more than $200,000 in each fiscal year shall be	74376
expended for the purchase of equipment for marine patrols	74377
qualifying for funding from the Department of Natural Resources	74378
pursuant to section 1547.67 of the Revised Code. Proposals for	74379
equipment shall accompany the submission of documentation for	74380
receipt of a marine patrol subsidy pursuant to section 1547.67 of	74381
the Revised Code and shall be loaned to eligible marine patrols	74382
pursuant to a cooperative agreement between the Department of	74383
Natural Resources and the eligible marine patrol.	74384

WATERCRAFT REVOLVING LOAN PROGRAM

74385

Upon certification by the Director of Natural Resources, the	74386
Director of Budget and Management shall transfer an amount not to	74387
exceed $1,000,000 in fiscal year 2008 and not to exceed $1,000,000	74388
in fiscal year 2009 so certified from the Waterways Safety Fund	74389
(Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The	74390
moneys shall be used pursuant to sections 1547.721 to 1547.726 of	74391
the Revised Code.	74392

PARKS CAPITAL EXPENSES FUND

74393

The Director of Natural Resources shall submit to the	74394
Director of Budget and Management the estimated design,	74395
engineering, and planning costs of capital-related work to be done	74396
by Department of Natural Resources staff for parks projects. If	74397
the Director of Budget and Management approves the estimated	74398
costs, the Director may release appropriations from appropriation	74399
item 725-406, Parks Projects Personnel, for those purposes. Upon	74400
release of the appropriations, the Department of Natural Resources	74401
shall pay for these expenses from the Parks Capital Expenses Fund	74402
(Fund 227). Expenses paid from Fund 227 shall be reimbursed by the	74403
Parks and Recreation Improvement Fund (Fund 035) using an	74404
intrastate transfer voucher.	74405

CAPITAL EXPENSES FUND

74406

The Department of Natural Resources shall periodically	74407
prepare and submit to the Director of Budget and Management the	74408
estimated design, planning, and engineering costs of	74409
capital-related work to be done by the Department of Natural	74410
Resources for each project. Based on the estimates, the Director	74411
of Budget and Management may release appropriations from	74412
appropriation item CAP-753, Project Planning, within the Ohio	74413
Parks and Natural Resources Fund (Fund 031) to pay for design,	74414
planning, and engineering costs incurred by the Department of	74415
Natural Resources for the projects. Upon release of the	74416
appropriations by the Director of Budget and Management, the	74417
Department of Natural Resources shall pay for these expenses from	74418
the Capital Expenses Fund (Fund 4S9), and shall be reimbursed by	74419
the Ohio Parks and Natural Resources Fund (Fund 031) using an	74420
intrastate voucher.	74421

FUND CONSOLIDATION

74422

On July 1, 2007, or as soon thereafter as possible, the	74423
Director of Budget and Management shall transfer the cash balance	74424
as certified by the Director of Natural Resources from the Federal	74425
Forestry Fund (Fund 328) to the State Forest Fund (Fund 509). The	74426
Director shall cancel any remaining outstanding encumbrances	74427
against appropriation item 725-603, Forestry-Federal, and	74428
re-establish them against appropriation item 725-602, State	74429
Forest. The amounts of any encumbrances canceled and	74430
re-established are hereby appropriated.	74431

On July 1, 2007, or as soon thereafter as possible, the	74432
Director of Budget and Management shall transfer the cash balance	74433
as certified by the Director of Natural Resources from the REALM	74434
Support Services Fund (Fund 206) to the Fountain Square Facilities	74435
Management Fund (Fund 635). The Director shall cancel any	74436
remaining outstanding encumbrances against appropriation item	74437
725-689, REALM Support Services, and re-establish them against	74438
appropriation item 725-664, Fountain Square Facilities Management.	74439
The amounts of any encumbrances canceled and re-established are	74440
hereby appropriated.	74441

STATE PARK OPERATING

74442

All proceeds from insurance companies and any other sources	74443
for the replacement and construction of the Lake Hope Lodge and	74444
its appurtenances shall be deposited into the State Park Operating	74445
Fund (Fund 512).	74446

Section 345.10. NUR STATE BOARD OF NURSING

74447

General Services Fund Group

74448

4K9	884-609	Operating Expenses	$	5,661,280	$	5,661,280	74449
5P8	884-601	Nursing Special Issues	$	5,000	$	5,000	74450
5AC	884-602	Nurse Education Grant Program	$	1,450,000	$	1,450,000	74451
TOTAL GSF General Services							74452
Fund Group			$	7,116,280	$	7,116,280	74453
TOTAL ALL BUDGET FUND GROUPS			$	7,116,280	$	7,116,280	74454

NURSING SPECIAL ISSUES

74455

The foregoing appropriation item 884-601, Nursing Special	74456
Issues (Fund 5P8), shall be used to pay the costs the Board of	74457
Nursing incurs in implementing section 4723.062 of the Revised	74458
Code.	74459

Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	74460
AND ATHLETIC TRAINERS BOARD	74461

General Services Fund Group

74462

4K9	890-609	Operating Expenses	$	892,241	$	963,984	74463
TOTAL GSF General Services Fund Group			$	892,241	$	963,984	74464
TOTAL ALL BUDGET FUND GROUPS			$	892,241	$	963,984	74465

Section 349.10. OLA OHIOANA LIBRARY ASSOCIATION

74467

General Revenue Fund

74468

GRF	355-501	Library Subsidy	$	200,000	$	200,000	74469
TOTAL GRF General Revenue Fund			$	200,000	$	200,000	74470
TOTAL ALL BUDGET FUND GROUPS			$	200,000	$	200,000	74471

Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD

74473

General Services Fund Group

74474

4K9	894-609	Operating Expenses	$	333,656	$	345,324	74475
TOTAL GSF General Services							74476
Fund Group			$	333,656	$	345,324	74477
TOTAL ALL BUDGET FUND GROUPS			$	333,656	$	345,324	74478

Section 353.10. OPT STATE BOARD OF OPTOMETRY

74480

General Services Fund Group

74481

4K9	885-609	Operating Expenses	$	344,571	$	351,071	74482
TOTAL GSF General Services							74483
Fund Group			$	344,571	$	351,071	74484
TOTAL ALL BUDGET FUND GROUPS			$	344,571	$	351,071	74485

Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	74487
AND PEDORTHICS	74488

General Services Fund Group

74489

4K9	973-609	Operating Expenses	$	111,300	$	116,260	74490
TOTAL GSF General Services							74491
Fund Group			$	111,300	$	116,260	74492
TOTAL ALL BUDGET FUND GROUPS			$	111,300	$	116,260	74493

Section 357.10. PBR STATE PERSONNEL BOARD OF REVIEW

74494

General Revenue Fund

74495

GRF	124-321		Operating		$	1,148,181		$	1,201,643		74496
TOTAL GRF General Revenue Fund					$	1,148,181		$	1,201,643		74497

General Services Fund Group

74498

636	124-601	Records and Reporting Support	$	15,000	$	15,000	74499
TOTAL GSF General Services							74500
Fund Group			$	15,000	$	15,000	74501
TOTAL ALL BUDGET FUND GROUPS			$	1,163,181	$	1,216,643	74502

Section 359.10. UST PETROLEUM UNDERGROUND STORAGE TANK

74504

Agency Fund Group

74505

691	810-632	PUSTRCB Staff	$	1,116,658	$	1,169,181	74506
TOTAL AGY Agency Fund Group			$	1,116,658	$	1,169,181	74507
TOTAL ALL BUDGET FUND GROUPS			$	1,116,658	$	1,169,181	74508

Section 361.10. PRX STATE BOARD OF PHARMACY

74510

General Services Fund Group

74511

4A5	887-605	Drug Law Enforcement	$	75,550	$	75,550	74512
4K9	887-609	Operating Expenses	$	4,874,572	$	5,251,032	74513
TOTAL GSF General Services Fund Group			$	4,950,122	$	5,326,582	74514

Federal Special Revenue Fund Group

74515

3BC	887-604	Dangerous Drugs Database	$	558,531	$	491,405	74516
TOTAL FED Federal Special Revenue Fund Group			$	558,531	$	491,405	74517
TOTAL ALL BUDGET FUND GROUPS			$	5,508,653	$	5,817,987	74518

Section 363.10. PSY STATE BOARD OF PSYCHOLOGY

74520

General Services Fund Group

74521

4K9	882-609	Operating Expenses	$	586,565	$	586,565	74522
TOTAL GSF General Services							74523
Fund Group			$	586,565	$	586,565	74524
TOTAL ALL BUDGET FUND GROUPS			$	586,565	$	586,565	74525

Section 365.10. PUB OHIO PUBLIC DEFENDER COMMISSION

74527

General Revenue Fund

74528

GRF	019-321	Public Defender Administration	$	1,287,404	$	1,315,150	74529
GRF	019-401	State Legal Defense Services	$	5,914,023	$	6,120,592	74530
GRF	019-403	Multi-County: State Share	$	766,402	$	762,727	74531
GRF	019-404	Trumbull County - State Share	$	244,816	$	243,650	74532
GRF	019-405	Training Account	$	31,324	$	31,324	74533
GRF	019-501	County Reimbursement	$	29,834,251	$	29,572,857	74534
TOTAL GRF General Revenue Fund			$	38,078,220	$	38,046,300	74535

General Services Fund Group

74536

101	019-602	Inmate Legal Assistance	$	33,338	$	34,638	74537
407	019-604	County Representation	$	219,800	$	227,500	74538
408	019-605	Client Payments	$	611,537	$	476,760	74539
5CX	019-617	Civil Case Filing Fee	$	409,237	$	598,400	74540
TOTAL GSF General Services							74541
Fund Group			$	1,273,912	$	1,337,298	74542

Federal Special Revenue Fund Group

74543

3S8	019-608	Federal Representation	$	350,948	$	364,917	74544
TOTAL FED Federal Special Revenue							74545
Fund Group			$	350,948	$	364,917	74546

State Special Revenue Fund Group

74547

4C7	019-601	Multi-County: County Share	$	2,181,300	$	2,288,200	74548
4X7	019-610	Trumbull County - County Share	$	696,800	$	731,000	74549
574	019-606	Civil Legal Aid	$	40,000,000	$	40,000,000	74550
TOTAL SSR State Special Revenue							74551
Fund Group			$	42,878,100	$	43,019,200	74552
TOTAL ALL BUDGET FUND GROUPS			$	82,581,180	$	82,767,715	74553

INDIGENT DEFENSE OFFICE

74554

The foregoing appropriation items 019-404, Trumbull County -	74555
State Share, and 019-610, Trumbull County - County Share, shall be	74556
used to support an indigent defense office for Trumbull County.	74557

MULTI-COUNTY OFFICE

74558

The foregoing appropriation items 019-403, Multi-County:	74559
State Share, and 019-601, Multi-County: County Share, shall be	74560
used to support the Office of the Ohio Public Defender's	74561
Multi-County Branch Office Program.	74562

TRAINING ACCOUNT

74563

The foregoing appropriation item 019-405, Training Account,	74564
shall be used by the Ohio Public Defender to provide legal	74565
training programs at no cost for private appointed counsel who	74566
represent at least one indigent defendant at no cost and for state	74567
and county public defenders and attorneys who contract with the	74568
Ohio Public Defender to provide indigent defense services.	74569

FEDERAL REPRESENTATION

74570

The foregoing appropriation item 019-608, Federal	74571
Representation, shall be used to receive reimbursements from the	74572
federal courts when the Ohio Public Defender provides	74573
representation in federal court cases and to support	74574
representation in such cases.	74575

Section 367.10. DHS DEPARTMENT OF PUBLIC SAFETY

74576

General Revenue Fund

74577

GRF	763-403	Operating Expenses - EMA	$	4,164,697	$	4,164,697	74578
GRF	768-424	Operating Expenses - CJS	$	814,478	$	814,478	74579
GRF	769-321	Food Stamp Trafficking Enforcement Operations	$	752,000	$	752,000	74580
TOTAL GRF General Revenue Fund			$	5,731,175	$	5,731,175	74581

General Services Fund Group

74582

5ET	768-625		Drug Law Enforcement		$	800,000		$	800,000		74583
TOTAL GSF General Services Fund Group					$	800,000		$	800,000		74584

State Special Revenue Fund Group

74585

5CC	768-607	Public Safety Services	$	125,000	$	125,000	74586
5EX	768-690	Disaster Preparedness	$	350,000	$	350,000	74587
TOTAL SSR State Special Revenue Fund Group			$	475,000	$	475,000	74588

Tobacco Master Settlement Agreement Fund Group

74589

L87	767-406		Under-Age Tobacco Use Enforcement		$	0		$	375,000		74590
TOTAL TSF Tobacco Master Settlement Agreement Fund Group					$	0		$	375,000		74591

TOTAL ALL BUDGET FUND GROUPS

7,006,175

7,381,175

74592

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

74593

Of the foregoing appropriation item 763-403, Operating	74594
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	74595
the Ohio Task Force One - Urban Search and Rescue Unit and other	74596
urban search and rescue programs around the state to create a	74597
stronger search and rescue capability statewide.	74598

STATE FIRE MARSHAL FUND CASH TRANSFERS

74599

Notwithstanding section 3737.71 of the Revised Code, on July	74600
1, 2007, or as soon as possible thereafter, the Director of Budget	74601
and Management shall transfer $125,000 in cash from the State Fire	74602
Marshal Fund (Fund 546) in the Department of Commerce to the	74603
Public Safety Services Fund (Fund 5CC) in the Department of Public	74604
Safety.	74605

Notwithstanding section 3737.71 of the Revised Code, on July	74606
1, 2008, or as soon as possible thereafter, the Director of Budget	74607
and Management shall transfer $125,000 in cash from the State Fire	74608
Marshal Fund (Fund 546) in the Department of Commerce to the	74609
Public Safety Services Fund (Fund 5CC) in the Department of Public	74610
Safety.	74611

SOUTHERN OHIO DRUG TASK FORCE

74612

The foregoing appropriation item 768-607, Public Safety	74613
Services, shall be distributed by the Division of Criminal Justice	74614
Services in the Department of Public Safety directly to the	74615
Southern Ohio Drug Task Force.	74616

EMA DISASTER PREPAREDNESS AND RESPONSE GRANT

74617

Of the foregoing appropriation item 768-690, Disaster	74618
Preparedness, $275,000 in fiscal year 2008 and $350,000 in fiscal	74619
year 2009 shall be used for a grant to the American Red Cross	74620
Greater Columbus Chapter for implementation of programs to assist	74621
in disaster preparedness and response throughout Ohio. The	74622
American Red Cross Greater Columbus Chapter shall develop a	74623
funding plan that includes programmatic, infrastructure, and	74624
administrative costs. Moneys shall be released to the American Red	74625
Cross Greater Columbus Chapter not more than 45 days after	74626
submission of the plan to the Ohio Emergency Management Agency. Of	74627
the foregoing appropriation item 768-690, Disaster Preparedness,	74628
$75,000 in fiscal year 2008 shall be used for the Fire and	74629
Emergency Services Regionalization Project of Berea and Olmstead	74630
Falls.	74631

CASH TRANSFER TO THE DRUG LAW ENFORCEMENT FUND

74632

Notwithstanding any other provision of law to the contrary,	74633
on the first of July in each of 2007 and 2008, or as soon as	74634
practicable thereafter in each of those years, the Director of	74635
Budget and Management shall transfer $800,000 in cash from the	74636
Charitable Foundations Fund (Fund 418) to the Drug Law Enforcement	74637
Fund (Fund 5ET).	74638

The foregoing appropriation item 768-625, Drug Law	74639
Enforcement, shall be used by the Division of Criminal Justice	74640
Services of the Department of Public Safety for the purpose of	74641
awarding grants to local law enforcement agencies and local law	74642
enforcement task forces with regard to the enforcement of state	74643
drug laws and other state laws related to illegal drug activity.	74644

Section 369.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

74645

General Services Fund Group

74646

5F6	870-622	Utility and Railroad Regulation	$	32,820,027	$	33,804,627	74647
5F6	870-624	NARUC/NRRI Subsidy	$	158,000	$	158,000	74648
5F6	870-625	Motor Transportation Regulation	$	4,635,413	$	4,772,765	74649
TOTAL GSF General Services							74650
Fund Group			$	37,613,440	$	38,735,392	74651

Federal Special Revenue Fund Group

74652

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	300,000	$	300,000	74653
333	870-601	Gas Pipeline Safety	$	597,957	$	597,959	74654
350	870-608	Motor Carrier Safety	$	7,137,534	$	7,351,660	74655
TOTAL FED Federal Special Revenue							74656
Fund Group			$	8,035,491	$	8,249,619	74657

State Special Revenue Fund Group

74658

4A3	870-614	Grade Crossing Protection Devices-State	$	1,349,757	$	1,349,757	74659
4L8	870-617	Pipeline Safety-State	$	187,621	$	187,621	74660
4S6	870-618	Hazardous Material Registration	$	464,325	$	464,325	74661
4S6	870-621	Hazardous Materials Base State Registration	$	373,346	$	373,346	74662
4U8	870-620	Civil Forfeitures	$	284,986	$	284,986	74663
5BP	870-623	Wireless 9-1-1 Administration	$	26,875,000	$	13,375,000	74664
559	870-605	Public Utilities Territorial Administration	$	4,000	$	4,000	74665
560	870-607	Public Utilities Investigations	$	100,000	$	100,000	74666
561	870-606	Power Siting Board	$	404,651	$	404,652	74667
638	870-611	Biomass Energy Program	$	40,000	$	40,000	74668
661	870-612	Hazardous Materials Transportation	$	900,000	$	900,000	74669
TOTAL SSR State Special Revenue							74670
Fund Group			$	30,983,686	$	17,483,687	74671

Agency Fund Group

74672

4G4	870-616	Base State Registration Program	$	2,000,000	$	0	74673
TOTAL AGY Agency Fund Group			$	2,000,000	$	0	74674
TOTAL ALL BUDGET FUND GROUPS			$	78,632,617	$	64,468,698	74675

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

74676

The fund created by section 4923.26 of the Revised Code is	74677
the same fund, with a new name, as the Commercial Vehicle	74678
Information Systems and Networks Fund (Fund 3V3).	74679

ENHANCED AND WIRELESS ENHANCED 9-1-1

74680

The foregoing appropriation item 870-623, Wireless 9-1-1	74681
Administration, shall be used pursuant to section 4931.63 of the	74682
Revised Code.	74683

TELECOMMUNICATIONS RELAY SERVICE FUNDING

74684

The Telecommunications Relay Service Fund is hereby created	74685
in the state treasury. The vendor selected to provide	74686
telecommunications relay service in Ohio, as required by 47 C.F.R.	74687
64.601, shall submit an invoice to the Public Utilities Commission	74688
by January 31, 2009, for costs it has incurred in providing the	74689
service during calendar year 2008. The Public Utilities Commission	74690
shall notify the Director of Budget and Management of the amount	74691
invoiced, and the Director of Budget and Management shall transfer	74692
that amount from the Public Utilities Fund (Fund 5F6) to the	74693
Telecommunications Relay Service Fund on or before February 28,	74694
2009. The amount transferred shall be used to pay the	74695
telecommunications relay service vendor the amount invoiced. This	74696
amount is hereby appropriated.	74697

Section 371.10. PWC PUBLIC WORKS COMMISSION

74698

General Revenue Fund

74699

GRF	150-904	Conservation General Obligation Debt Service	$	14,847,200	$	19,779,200	74700
GRF	150-907	State Capital Improvements	$	177,513,600	$	188,696,300	74701
		General Obligation Debt Service					74702
TOTAL GRF General Revenue Fund			$	192,360,800	$	208,475,500	74703

Clean Ohio Conservation Fund Group

74704

056	150-403	Clean Ohio Operating Expenses	$	301,537	$	311,509	74705
TOTAL 056 Clean Ohio Conservation Fund Group			$	301,537	$	311,509	74706
TOTAL ALL BUDGET FUND GROUPS			$	192,662,337	$	208,787,009	74707

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

74708

The foregoing appropriation item 150-904, Conservation	74709
General Obligation Debt Service, shall be used to pay all debt	74710
service and related financing costs during the period from July 1,	74711
2007, through June 30, 2009, at the times they are required to be	74712
made for obligations issued under sections 151.01 and 151.09 of	74713
the Revised Code.	74714

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

74715

The foregoing appropriation item 150-907, State Capital	74716
Improvements General Obligation Debt Service, shall be used to pay	74717
all debt service and related financing costs during the period	74718
from July 1, 2007, to June 30, 2009, at the times they are	74719
required to be made for obligations issued under sections 151.01	74720
and 151.08 of the Revised Code.	74721

REIMBURSEMENT TO THE GENERAL REVENUE FUND

74722

(A) On or before July 15, 2009, the Director of the Public	74723
Works Commission shall certify to the Director of Budget and	74724
Management the following:	74725

(1) The total amount disbursed from appropriation item	74726
700-409, Farmland Preservation, during the fiscal year 2008-2009	74727
biennium; and	74728

(2) The amount of interest earnings that have been credited	74729
to the Clean Ohio Conservation Fund (Fund 056) that are in excess	74730
of the amount needed for other purposes as calculated by the	74731
Director of the Public Works Commission.	74732

(B) If the Director of Budget and Management determines under	74733
division (A)(2) of this section that there are excess interest	74734
earnings, the Director of Budget and Management shall, on or	74735
before July 15, 2009, transfer the excess interest earnings to the	74736
General Revenue Fund in an amount equal to the total amount	74737
disbursed under division (A)(1) of this section from the Clean	74738
Ohio Conservation Fund.	74739

CLEAN OHIO OPERATING EXPENSES

74740

The foregoing appropriation item 150-403, Clean Ohio	74741
Operating Expenses, shall be used by the Ohio Public Works	74742
Commission in administering sections 164.20 to 164.27 of the	74743
Revised Code.	74744

Section 373.10. RAC STATE RACING COMMISSION

74745

State Special Revenue Fund Group

74746

5C4	875-607	Simulcast Horse Racing Purse	$	16,000,000	$	16,000,000	74747
562	875-601	Thoroughbred Race Fund	$	3,100,000	$	3,100,000	74748
563	875-602	Standardbred Development Fund	$	2,600,000	$	2,600,000	74749
564	875-603	Quarterhorse Development Fund	$	1,000	$	1,000	74750
565	875-604	Racing Commission Operating	$	4,487,599	$	4,487,599	74751
TOTAL SSR State Special Revenue							74752
Fund Group			$	26,188,599	$	26,188,599	74753

Holding Account Redistribution Fund Group

74754

R21	875-605	Bond Reimbursements	$	212,900	$	212,900	74755
TOTAL 090 Holding Account Redistribution							74756
Fund Group			$	212,900	$	212,900	74757
TOTAL ALL BUDGET FUND GROUPS			$	26,401,499	$	26,401,499	74758

Section 375.10. BOR BOARD OF REGENTS

74760

General Revenue Fund

74761

GRF	235-321	Operating Expenses	$	3,141,351	$	3,141,351	74762
GRF	235-401	Lease Rental Payments	$	203,177,900	$	136,017,500	74763
GRF	235-402	Sea Grants	$	300,000	$	300,000	74764
GRF	235-406	Articulation and Transfer	$	2,900,000	$	2,900,000	74765
GRF	235-408	Midwest Higher Education Compact	$	95,000	$	95,000	74766
GRF	235-409	Information System	$	1,175,172	$	1,175,172	74767
GRF	235-414	State Grants and Scholarship Administration	$	1,707,881	$	1,707,881	74768
GRF	235-415	Jobs Challenge	$	9,348,300	$	9,348,300	74769
GRF	235-417	Ohio Learning Network	$	3,119,496	$	3,119,496	74770
GRF	235-418	Access Challenge	$	66,585,769	$	66,585,769	74771
GRF	235-420	Success Challenge	$	53,653,973	$	53,653,973	74772
GRF	235-428	Appalachian New Economy Partnership	$	1,176,068	$	1,176,068	74773
GRF	235-433	Economic Growth Challenge	$	17,186,194	$	17,186,194	74774
GRF	235-434	College Readiness and Access	$	12,655,425	$	12,655,425	74775
GRF	235-435	Teacher Improvement Initiatives	$	4,797,506	$	11,297,506	74776
GRF	235-436	AccelerateOhio	$	1,250,000	$	2,500,000	74777
GRF	235-438	Choose Ohio First Scholarship	$	50,000,000	$	50,000,000	74778
GRF	235-439	Ohio Research Scholars	$	30,000,000	$	0	74779
GRF	235-451	Eminent Scholars	$	0	$	1,000,000	74780
GRF	235-455	EnterpriseOhio Network	$	1,373,941	$	1,373,941	74781
GRF	235-474	Area Health Education Centers Program Support	$	1,571,756	$	1,571,756	74782
GRF	235-501	State Share of Instruction	$	1,678,877,952	$	1,842,965,747	74783
GRF	235-502	Student Support Services	$	795,790	$	795,790	74784
GRF	235-503	Ohio Instructional Grants	$	42,533,966	$	18,315,568	74785
GRF	235-504	War Orphans Scholarships	$	4,812,321	$	4,812,321	74786
GRF	235-507	OhioLINK	$	7,387,824	$	7,387,824	74787
GRF	235-508	Air Force Institute of Technology	$	2,050,345	$	2,050,345	74788
GRF	235-510	Ohio Supercomputer Center	$	4,271,195	$	4,271,195	74789
GRF	235-511	Cooperative Extension Service	$	26,273,260	$	26,273,260	74790
GRF	235-513	Ohio University Voinovich Center	$	669,082	$	669,082	74791
GRF	235-514	Central State Supplement	$	11,756,414	$	12,109,106	74792
GRF	235-515	Case Western Reserve University School of Medicine	$	3,011,271	$	3,011,271	74793
GRF	235-518	Capitol Scholarship Program	$	125,000	$	125,000	74794
GRF	235-519	Family Practice	$	4,548,470	$	4,548,470	74795
GRF	235-520	Shawnee State Supplement	$	2,502,323	$	2,577,393	74796
GRF	235-521	The Ohio State University John Glenn School of Public Affairs	$	619,082	$	619,082	74797
GRF	235-524	Police and Fire Protection	$	171,959	$	171,959	74798
GRF	235-525	Geriatric Medicine	$	750,110	$	750,110	74799
GRF	235-526	Primary Care Residencies	$	2,245,688	$	2,245,688	74800
GRF	235-527	Ohio Aerospace Institute	$	1,764,957	$	1,764,957	74801
GRF	235-530	Academic Scholarships	$	7,800,000	$	7,800,000	74802
GRF	235-531	Student Choice Grants	$	38,485,376	$	38,485,376	74803
GRF	235-535	Ohio Agricultural Research and Development Center	$	37,174,292	$	37,174,292	74804
GRF	235-536	The Ohio State University Clinical Teaching	$	13,565,885	$	13,565,885	74805
GRF	235-537	University of Cincinnati Clinical Teaching	$	11,157,756	$	11,157,756	74806
GRF	235-538	University of Toledo Clinical Teaching	$	8,696,866	$	8,696,866	74807
GRF	235-539	Wright State University Clinical Teaching	$	4,225,107	$	4,225,107	74808
GRF	235-540	Ohio University Clinical Teaching	$	4,084,540	$	4,084,540	74809
GRF	235-541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	4,200,945	$	4,200,945	74810
GRF	235-543	Ohio College of Podiatric Medicine Clinic Subsidy	$	100,000	$	100,000	74811
GRF	235-547	School of International Business	$	450,000	$	650,000	74812
GRF	235-552	Capital Component	$	19,306,442	$	19,306,442	74813
GRF	235-553	Dayton Area Graduate Studies Institute	$	2,931,599	$	2,931,599	74814
GRF	235-554	Priorities in Collaborative Graduate Education	$	2,355,548	$	2,355,548	74815
GRF	235-555	Library Depositories	$	1,696,458	$	1,696,458	74816
GRF	235-556	Ohio Academic Resources Network	$	3,727,223	$	3,727,223	74817
GRF	235-558	Long-term Care Research	$	461,047	$	461,047	74818
GRF	235-561	Bowling Green State University Canadian Studies Center	$	100,015	$	100,015	74819
GRF	235-563	Ohio College Opportunity Grant	$	139,974,954	$	151,113,781	74820
GRF	235-567	Central State University Speed to Scale	$	4,400,000	$	3,800,000	74821
GRF	235-571	James A. Rhodes Scholarship	$	10,000,000	$	0	74822
GRF	235-572	The Ohio State University Clinic Support	$	1,277,019	$	1,277,019	74823
GRF	235-573	Ohio Humanities Council	$	25,000	$	25,000	74824
GRF	235-583	Urban University Program	$	5,825,937	$	5,825,937	74825
GRF	235-587	Rural University Projects	$	1,159,889	$	1,159,889	74826
GRF	235-596	Hazardous Materials Program	$	360,435	$	360,435	74827
GRF	235-599	National Guard Scholarship Program	$	16,611,063	$	16,611,063	74828
GRF	235-909	Higher Education General Obligation Debt Service	$	172,722,400	$	208,747,200	74829
TOTAL GRF General Revenue Fund			$	2,773,258,537	$	2,861,908,923	74830

General Services Fund Group

74831

220	235-614	Program Approval and Reauthorization	$	800,000	$	800,000	74832
456	235-603	Sales and Services	$	700,000	$	700,000	74833
TOTAL GSF General Services							74834
Fund Group			$	1,500,000	$	1,500,000	74835

Federal Special Revenue Fund Group

74836

3BG	235-626	Star Schools	$	2,980,865	$	2,990,746	74837
3H2	235-608	Human Services Project	$	3,000,000	$	3,000,000	74838
3H2	235-622	Medical Collaboration Network	$	3,346,144	$	3,346,144	74839
3N6	235-605	State Student Incentive Grants	$	2,196,680	$	2,196,680	74840
3T0	235-610	National Health Service Corps - Ohio Loan Repayment	$	250,000	$	250,000	74841
312	235-609	Tech Prep	$	183,850	$	183,850	74842
312	235-611	Gear-up Grant	$	3,300,000	$	3,300,000	74843
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	74844
312	235-617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	74845
312	235-621	Science Education Network	$	1,686,970	$	1,686,970	74846
TOTAL FED Federal Special Revenue							74847
Fund Group			$	20,257,469	$	20,267,350	74848

State Special Revenue Fund Group

74849

4E8	235-602	Higher Educational Facility Commission Administration	$	50,000	$	45,000	74850
4P4	235-604	Physician Loan Repayment	$	476,870	$	476,870	74851
649	235-607	The Ohio State University Highway/Transportation Research	$	760,000	$	760,000	74852
682	235-606	Nursing Loan Program	$	893,000	$	893,000	74853
5DT	235-627	American Diploma Project	$	250,000	$	0	74854
TOTAL SSR State Special Revenue							74855
Fund Group			$	2,429,870	$	2,174,870	74856
TOTAL ALL BUDGET FUND GROUPS			$	2,797,445,876	$	2,885,851,143	74857

Section 375.10.10. OPERATING EXPENSES

74859

Of the foregoing appropriation item 235-321, Operating	74860
Expenses, up to $150,000 in each fiscal year shall be used in	74861
conjunction with funding provided in the Department of Education	74862
budget under appropriation item 200-427, Academic Standards, to	74863
fund the operations of Ohio's Partnership for Continued Learning.	74864
The Partnership shall advise and make recommendations to promote	74865
collaboration among relevant state entities in an effort to help	74866
local communities develop coherent and successful "P-16" learning	74867
systems. Upon requesting and receiving approval from the	74868
Controlling Board, the Director of Budget and Management may	74869
transfer any unencumbered fiscal year 2008 balance to fiscal year	74870
2009 to support the activities of the Partnership.	74871

Section 375.10.20. LEASE RENTAL PAYMENTS

74872

The foregoing appropriation item 235-401, Lease Rental	74873
Payments, shall be used to meet all payments at the times they are	74874
required to be made during the period from July 1, 2007, to June	74875
30, 2009, by the Board of Regents under leases and agreements made	74876
under section 154.21 of the Revised Code. These appropriations are	74877
the source of funds pledged for bond service charges or	74878
obligations issued pursuant to Chapter 154. of the Revised Code.	74879

Section 375.10.30. SEA GRANTS

74880

The foregoing appropriation item 235-402, Sea Grants, shall	74881
be disbursed to the Ohio State University and shall be used to	74882
conduct research on fish in Lake Erie.	74883

Section 375.10.40. ARTICULATION AND TRANSFER

74884

The foregoing appropriation item 235-406, Articulation and	74885
Transfer, shall be used by the Board of Regents to maintain and	74886
expand the work of the Articulation and Transfer Council to	74887
develop a system of transfer policies to ensure that students at	74888
state institutions of higher education can transfer and have	74889
coursework apply to their majors and degrees at any other state	74890
institution of higher education without unnecessary duplication or	74891
institutional barriers under sections 3333.16, 3333.161, and	74892
3333.162 of the Revised Code. The Board of Regents shall, in	74893
consultation with the Governor and the Department of Education,	74894
convene a work group to establish coursework for content knowledge	74895
and teacher competencies for early care and education degrees to	74896
support articulation and transfer of coursework, certifications,	74897
and credit earned across state-supported institutions of higher	74898
education.	74899

Of the foregoing appropriation item 235-406, Articulation and	74900
Transfer, $200,000 in each fiscal year shall be used to support	74901
the work of the Articulation and Transfer Council under division	74902
(B) of section 3333.162 of the Revised Code.	74903

Section 375.10.50. MIDWEST HIGHER EDUCATION COMPACT

74904

The foregoing appropriation item 235-408, Midwest Higher	74905
Education Compact, shall be distributed by the Board of Regents	74906
under section 3333.40 of the Revised Code.	74907

Section 375.10.60. INFORMATION SYSTEM

74908

The foregoing appropriation item 235-409, Information System,	74909
shall be used by the Board of Regents to operate the higher	74910
education information data system known as the Higher Education	74911
Information System.	74912

Section 375.10.70. STATE GRANTS AND SCHOLARSHIP	74913
ADMINISTRATION	74914

The foregoing appropriation item 235-414, State Grants and	74915
Scholarship Administration, shall be used by the Board of Regents	74916
to administer the following student financial aid programs: Ohio	74917
Instructional Grants, Ohio College Opportunity Grant, Ohio Student	74918
Choice Grant, Ohio Academic Scholarship, Ohio War Orphans'	74919
Scholarship, Nurse Education Assistance Loan Program, Regents	74920
Graduate/Professional Fellowship, Ohio Safety Officers College	74921
Memorial Fund, Capitol Scholarship Program, and any other student	74922
financial aid programs created by the General Assembly. The	74923
appropriation item also shall be used to administer the federal	74924
Leveraging Educational Assistance Partnership (LEAP) and Special	74925
Leveraging Educational Assistance Partnership (SLEAP) programs and	74926
other student financial aid programs created by Congress and to	74927
provide fiscal services for the Ohio National Guard Scholarship	74928
Program, the Physician Loan Repayment Program, and the Dentist	74929
Loan Repayment Program.	74930

Section 375.10.80. JOBS CHALLENGE

74931

Funds appropriated to the foregoing appropriation item	74932
235-415, Jobs Challenge, shall be distributed to state-assisted	74933
community and technical colleges, regional campuses of	74934
state-assisted universities, and other organizationally distinct	74935
and identifiable member campuses of the EnterpriseOhio Network in	74936
support of noncredit job-related training. In each fiscal year,	74937
$2,770,773 shall be distributed as performance grants to	74938
EnterpriseOhio Network campuses based upon each campus's	74939
documented performance according to criteria established by the	74940
Board of Regents for assessment, training, and related services to	74941
businesses, industries, and public sector organizations.	74942

Of the foregoing appropriation item 235-415, Jobs Challenge,	74943
$2,819,345 in each fiscal year shall be allocated to the Targeted	74944
Industries Training Grant Program to attract, develop, and retain	74945
business and industry strategically important to the state's	74946
economy and regional priorities.	74947

Of the foregoing appropriation item 235-415, Jobs Challenge,	74948
$3,758,182 in each fiscal year shall be allocated to the Higher	74949
Skills Incentives Program to promote and deliver coordinated	74950
assessment and comprehensive training to local employers and to	74951
reward EnterpriseOhio Network campuses for the amount of	74952
non-credit skill upgrading services provided to Ohio employers and	74953
employees. The funds shall be distributed to campuses in	74954
proportion to each campus's share of noncredit job-related	74955
training revenues received by all campuses for the previous fiscal	74956
year.	74957

Section 375.10.90. OHIO LEARNING NETWORK

74958

The foregoing appropriation item 235-417, Ohio Learning	74959
Network, shall be used by the Board of Regents to support the	74960
continued implementation of the Ohio Learning Network, a statewide	74961
collaborative that delivers adult education including degree	74962
completion, workforce training, and professional development using	74963
online and distance education initiatives. The funds shall be used	74964
by the Ohio Learning Network to develop and promote learning and	74965
assessment through the use of technology, to test and provide	74966
advice on emerging learning-directed technologies, and to	74967
facilitate cost-effectiveness through shared educational	74968
technology investments.	74969

Section 375.20.10. ACCESS CHALLENGE

74970

The foregoing appropriation item 235-418, Access Challenge,	74971
shall be distributed to Ohio's state-assisted access colleges and	74972
universities. For the purposes of this allocation, "access	74973
campuses" includes state-assisted community colleges, state	74974
community colleges, technical colleges, Shawnee State University,	74975
Central State University, Cleveland State University, the regional	74976
campuses of state-assisted universities, and, where they are	74977
organizationally distinct and identifiable, the	74978
community-technical colleges located at the University of	74979
Cincinnati, Youngstown State University, and the University of	74980
Akron.	74981

The purpose of Access Challenge is to reduce the student	74982
share of costs for resident undergraduates enrolled in lower	74983
division undergraduate courses at Ohio's access campuses. The	74984
long-term goal is to make the student share of costs for these	74985
students equivalent to the student share of costs for resident	74986
undergraduate students enrolled throughout Ohio's public colleges	74987
and universities. Access Challenge appropriations shall be used to	74988
sustain, as much as possible, the tuition restraint or tuition	74989
reduction that was achieved with Access Challenge allocations in	74990
prior years. Access campuses shall disclose, in their tuition	74991
billing statements to students, the amount of tuition subsidized	74992
by state Access Challenge subsidies.	74993

In fiscal year 2008, Access Challenge subsidies shall be	74994
distributed by the Board of Regents to eligible access campuses on	74995
the basis of the average of each campus's share of fiscal year	74996
2005 and 2006 all-terms subsidy-eligible General Studies FTEs. In	74997
fiscal year 2009, Access Challenge subsidies shall be distributed	74998
by the Board of Regents to eligible access campuses on the basis	74999
of the average of each campus's share of fiscal year 2006 and 2007	75000
all-terms subsidy-eligible General Studies FTEs.	75001

For purposes of this calculation, Cleveland State	75002
University's enrollments shall be adjusted by the ratio of the sum	75003
of subsidy-eligible lower-division FTE student enrollments	75004
eligible for access funding to the sum of subsidy-eligible General	75005
Studies FTE student enrollments at Central State University and	75006
Shawnee State University, and for the following universities and	75007
their regional campuses: the Ohio State University, Ohio	75008
University, Kent State University, Bowling Green State University,	75009
Miami University, the University of Cincinnati, the University of	75010
Akron, and Wright State University.	75011

Section 375.20.20. SUCCESS CHALLENGE

75012

The foregoing appropriation item 235-420, Success Challenge,	75013
shall be used by the Board of Regents to promote degree completion	75014
by students enrolled at a main campus of a state-assisted	75015
university.	75016

Of the foregoing appropriation item 235-420, Success	75017
Challenge, 66.67 per cent of the appropriation in each fiscal year	75018
shall be distributed to state-assisted university main campuses in	75019
proportion to each campus's share of the total statewide	75020
bachelor's degrees granted by university main campuses to	75021
"at-risk" students. In fiscal years 2008 and 2009, an "at-risk"	75022
student means any undergraduate student who was eligible to	75023
receive an Ohio need-based financial aid award during the past ten	75024
years. An eligible institution shall not receive its share of this	75025
distribution until it has submitted a plan that addresses how the	75026
subsidy will be used to better serve at-risk students and increase	75027
their likelihood of successful completion of a bachelor's degree	75028
program. The Board of Regents shall disseminate to all	75029
state-supported institutions of higher education all such plans	75030
submitted by institutions that received Success Challenge funds.	75031

Of the foregoing appropriation item 235-420, Success	75032
Challenge, 33.33 per cent of the appropriation in each fiscal year	75033
shall be distributed to university main campuses in proportion to	75034
each campus's share of the total bachelor's degrees granted by	75035
university main campuses to undergraduate students who completed	75036
their bachelor's degrees in a "timely manner" in the previous	75037
fiscal year. For purposes of this section, "timely manner" means	75038
the normal time it would take for a full-time degree-seeking	75039
undergraduate student to complete the student's degree. Generally,	75040
for such students pursuing a bachelor's degree, "timely manner"	75041
means four years. Exceptions to this general rule shall be	75042
permitted for students enrolled in programs specifically designed	75043
to be completed in a longer time period. The Board of Regents	75044
shall collect data to assess the timely completion statistics by	75045
university main campuses.	75046

Section 375.20.30. APPALACHIAN NEW ECONOMY PARTNERSHIP

75047

The foregoing appropriation item 235-428, Appalachian New	75048
Economy Partnership, shall be distributed to Ohio University to	75049
continue a multi-campus and multi-agency coordinated effort to	75050
link Appalachia to the new economy. Ohio University shall use	75051
these funds to provide leadership in the development and	75052
implementation of initiatives in the areas of entrepreneurship,	75053
management, education, and technology.	75054

Section 375.20.40. ECONOMIC GROWTH CHALLENGE

75055

The foregoing appropriation item 235-433, Economic Growth	75056
Challenge, shall be used to enhance the basic research	75057
capabilities of Ohio's public and private institutions of higher	75058
education, support improved graduate programs throughout the	75059
state, and promote the transfer of technology developed by	75060
colleges and universities to private industry to further the	75061
economic goals of the state.	75062

Of the foregoing appropriation item 235-433, Economic Growth	75063
Challenge, $12,000,000 in each fiscal year shall be used for the	75064
Research Incentive Program to enhance the basic research	75065
capabilities of public colleges and universities and accredited	75066
Ohio institutions of higher education holding certificates of	75067
authorization issued under section 1713.02 of the Revised Code, in	75068
order to strengthen academic research for pursuing Ohio's economic	75069
development goals. The Board of Regents, in consultation with the	75070
colleges and universities, shall administer the Research Incentive	75071
Program and utilize a means of matching, on a fractional basis,	75072
external funds attracted in the previous year by institutions for	75073
basic research. The program may include incentives for increasing	75074
the amount of external research funds coming to eligible	75075
institutions and for focusing research efforts upon critical state	75076
needs. Colleges and universities shall submit for review and	75077
approval to the Board of Regents plans for the institutional	75078
allocation of state dollars received through the program. The	75079
institutional plans shall provide the rationale for the allocation	75080
in terms of the strategic targeting of funds for academic and	75081
state purposes, for strengthening research programs, for	75082
increasing the amount of external research funds, and shall	75083
include an evaluation process to provide results of the increased	75084
support. Institutional plans for the use of Research Incentive	75085
funding must demonstrate a significant investment in Third	75086
Frontier activities funded at the institution. For a college or	75087
university with multiple Third Frontier grants, as much as ten per	75088
cent of that institution's Research Incentive funding may be	75089
invested in Third Frontier Project-related activities. Each	75090
institutional plan for the investment of Research Incentive moneys	75091
shall report on existing, planned, or possible relationships with	75092
other state science and technology programs and funding recipients	75093
in order to further ongoing statewide science and technology	75094
collaboration objectives. The Board of Regents shall submit a	75095
biennial report of progress to the General Assembly.	75096

In each fiscal year, both those state-assisted doctoral	75097
degree-granting universities and those accredited Ohio	75098
institutions of higher education holding certificates of	75099
authorization under section 1713.02 of the Revised Code may elect	75100
to participate in the Innovation Incentive Plan designed to	75101
enhance doctoral programs and areas of research that have the	75102
greatest potential to attract preeminent researchers and build	75103
research capacity; enhance regional or state economic growth by	75104
creating new products and services to be commercialized; and	75105
complement Ohio's Third Frontier Project.	75106

In each fiscal year, funding for the Innovation Incentive	75107
Program shall be generated from those state-assisted doctoral	75108
degree-granting universities electing to set aside a portion of	75109
their allocations as provided in appropriation item 235-501, State	75110
Share of Instruction, and state matching funds provided in	75111
appropriation item 235-433, Economic Growth Challenge. In each	75112
fiscal year, the Board of Regents shall withhold each	75113
participating state-assisted university's required matching share	75114
from its allocation as provided in appropriation item 235-501,	75115
State Share of Instruction. Additionally, those accredited Ohio	75116
institutions of higher education holding certificates of	75117
authorization under section 1713.02 of the Revised Code electing	75118
to participate in the Innovation Incentive Program shall be	75119
required to set aside an amount comparable to the state-assisted	75120
doctoral degree-granting universities. The criteria for the	75121
determination of this amount shall be developed by the Board of	75122
Regents.	75123

Of the foregoing appropriation item 235-433, Economic Growth	75124
Challenge, $4,686,194 in each fiscal year shall match funds set	75125
aside by the participating universities under the Innovation	75126
Incentive Program.	75127

The Board of Regents shall use the combined amount of each	75128
participating state-assisted university's set aside of the	75129
doctoral reserve that has been withheld, the state matching funds	75130
earmarked under appropriation item 235-433, Economic Growth	75131
Challenge, and the amount set aside by each accredited Ohio	75132
institution of higher education holding a certificate of	75133
authorization under section 1713.02 of the Revised Code electing	75134
to participate in the Innovation Incentive Program to make awards	75135
through a competitive process under the Innovation Incentive	75136
Program. Only universities electing to set aside the prescribed	75137
amount shall be eligible to compete for and receive Innovation	75138
Incentive awards. The participating universities shall use these	75139
awards to restructure their array of doctoral programs.	75140

Of the foregoing appropriation item 235-433, Economic Growth	75141
Challenge, $500,000 in each fiscal year shall be distributed for	75142
the Technology Commercialization Incentive. The purpose of the	75143
Technology Commercialization Incentive is to reward public and	75144
private colleges and universities for successful technology	75145
transfer to Ohio-based business and industry resulting in the	75146
commercialization of new products, processes, and services and the	75147
establishment of new business start-ups within the state. The	75148
Third Frontier Commission, with counsel from the Third Frontier	75149
Advisory Board, shall establish the eligibility criteria for	75150
public and private colleges and universities interested in	75151
applying for Technology Commercialization Incentive funding. To	75152
qualify for the funds, public and private colleges and	75153
universities must maintain a significant investment in their own	75154
technology-transfer and commercialization operation and	75155
capabilities, and possess a significant history of successful	75156
research partnerships with Ohio-based business and industry.	75157

Section 375.20.50. COLLEGE READINESS AND ACCESS

75158

Appropriation item 235-434, College Readiness and Access,	75159
shall be used by the Board of Regents to support programs designed	75160
to improve the academic preparation and increase the number of	75161
students that enroll and succeed in higher education such as the	75162
Ohio College Access Network, the state match for the federal	75163
Gaining Early Awareness and Readiness for Undergraduate Program,	75164
and early awareness initiatives. The appropriation item shall also	75165
be used to support innovative statewide strategies to increase	75166
student access and retention for specialized populations, and to	75167
provide for pilot projects that will contribute to improving	75168
access to higher education by specialized populations. The funds	75169
also may be used for projects that improve access for nonpublic	75170
secondary students.	75171

Of the foregoing appropriation item 235-434, College	75172
Readiness and Access, $798,684 in fiscal year 2008 and $822,645 in	75173
fiscal year 2009 shall be distributed to the Ohio Appalachian	75174
Center for Higher Education at Shawnee State University. The board	75175
of directors of the Center shall consist of the presidents of	75176
Shawnee State University, Belmont Technical College, Hocking	75177
College, Jefferson Community College, Zane State College, Rio	75178
Grande Community College, Southern State Community College, and	75179
Washington State Community College; the president of Ohio	75180
University or a designee of the president; the dean of one of the	75181
Salem, Tuscarawas, and East Liverpool regional campuses of Kent	75182
State University, as designated by the president of Kent State	75183
University; and a representative of the Board of Regents	75184
designated by the Chancellor.	75185

Of the foregoing appropriation item 235-434, College	75186
Readiness and Access, $169,553 in fiscal year 2008 and $174,640 in	75187
fiscal year 2009 shall be distributed to Miami University for the	75188
Student Achievement in Research and Scholarship (STARS) Program.	75189

Of the foregoing appropriation item 235-434, College	75190
Readiness and Access, $3,503,985 in each fiscal year shall be used	75191
in conjunction with funding provided in the Ohio Department of	75192
Education budget under appropriation item 200-431, School	75193
Improvement Initiatives, to support the Early College High School	75194
Program. The funds shall be distributed according to guidelines	75195
established by the Department of Education and the Board of	75196
Regents.	75197

Section 375.20.60. TEACHER IMPROVEMENT INITIATIVES

75198

Appropriation item 235-435, Teacher Improvement Initiatives,	75199
shall be used by the Board of Regents to support programs such as	75200
OSI - Discovery and the Centers of Excellence in Mathematics and	75201
Science designed to raise the quality of mathematics and science	75202
teaching in primary, secondary, and post-secondary education.	75203

Of the foregoing appropriation item 235-435, Teacher	75204
Improvement Initiatives, $204,049 in each fiscal year shall be	75205
distributed to the Mathematics and Science Center in Lake County.	75206

Of the foregoing appropriation item 235-435, Teacher	75207
Improvement Initiatives, $106,619 in each fiscal year shall be	75208
distributed to the Ohio Mathematics and Science Coalition.	75209

Of the foregoing appropriation item 235-435, Teacher	75210
Improvement Initiatives, $100,000 in each fiscal year shall be	75211
distributed to the Teacher Quality Partnerships study.	75212

Of the foregoing appropriation item 235-435, Teacher	75213
Improvement Initiatives, $100,000 in each fiscal year shall be	75214
distributed to the Sinclair Community College Distance Learning	75215
STEM Partnership.	75216

Of the foregoing appropriation item 235-435, Teacher	75217
Improvement Initiatives, $874,871 in each fiscal year shall be	75218
distributed to the Ohio Resource Center for Mathematics, Science,	75219
and Reading. The funds shall be used to support a resource center	75220
for mathematics, science, and reading to be located at a	75221
state-assisted university for the purpose of identifying best	75222
educational practices in primary and secondary schools and	75223
establishing methods for communicating them to colleges of	75224
education and school districts. The Ohio Resource Center for	75225
Mathematics, Science, and Reading shall not make available	75226
resources that are inconsistent with the K-12 science standards	75227
and policies as adopted by the State Board of Education.	75228

Of the foregoing appropriation item 235-435, Teacher	75229
Improvement Initiatives, up to $2,000,000 in each fiscal year	75230
shall be used to support up to ten regional summer academies that	75231
focus on foreign language, science, mathematics, engineering, and	75232
technology and prepare eleventh and twelfth grade students	75233
enrolled in public or chartered nonpublic schools to pursue	75234
college-level foreign language, mathematics, science, technology,	75235
and engineering, with a focus on secondary teaching in these	75236
disciplines. Successful completion of these academics shall result	75237
in dual high school and college credits. Costs shall be based upon	75238
reasonable expenses, as determined by the Board of Regents, that	75239
institutions of higher education may incur for faculty, supplies,	75240
and other associated costs.	75241

Of the foregoing appropriation item 235-435, Teacher	75242
Improvement Initiatives, up to $4,000,000 in fiscal year 2009	75243
shall be used to fund teacher-signing bonuses for individuals that	75244
enter the teaching profession in a public school district or	75245
school district building that has been designated a hard-to-staff	75246
school by the Department of Education. To qualify for the signing	75247
bonus, an individual must: (a) be licensed to teach; (b) be	75248
assigned to teach in foreign language, science, or mathematics;	75249
and (c) agree to teach in a hard-to-staff school for a minimum of	75250
five years. An individual may qualify for up to $20,000 in	75251
state-funded bonuses if all obligations are met. The Board of	75252
Regents shall develop this program jointly with the Department of	75253
Education and the Partnership for Continued Learning. An	75254
individual may participate in either the teacher-signing bonus	75255
program or the teacher loan-forgiveness program, but may not	75256
receive benefits from both programs. The Board of Regents shall	75257
recoup funds received by any program participant who has not	75258
fulfilled the five-year teaching obligation as described in this	75259
section.	75260

Of the foregoing appropriation item 235-435, Teacher	75261
Improvement Initiatives, up to $2,500,000 in fiscal year 2009	75262
shall be used to fund teacher loan-forgiveness for individuals	75263
that enter the teaching profession in a school district or school	75264
district building that has been designated as a hard-to-staff	75265
school by the Department of Education. To qualify for the loan	75266
forgiveness, an individual must: (a) be licensed to teach; (b) be	75267
assigned to teach in foreign language, science, or mathematics;	75268
and (c) agree to teach in a hard-to-staff school for a minimum of	75269
five years. An individual may qualify for up to $20,000 in state	75270
funded loan forgiveness if all obligations are met. The Board of	75271
Regents shall develop this program jointly with the Department of	75272
Education and the Partnership for Continued Learning. An	75273
individual may participate in either the teacher-signing bonus	75274
program or the teacher loan-forgiveness program, but may not	75275
receive benefits from both programs. The Board of Regents shall	75276
recoup funds received by any program participant who has not	75277
fulfilled the five-year teaching obligation as described in this	75278
section.	75279

Section 375.20.70. ACCELERATEOHIO

75280

Of the foregoing appropriation item 235-436, AccelerateOhio,	75281
$500,000 in each fiscal year shall be used to support the Health	75282
Information and Imaging Technology Workforce Development Pilot	75283
Project pursuant to section 3333.55 of the Revised Code.	75284

The remainder of the foregoing appropriation item 235-436	75285
AccelerateOhio, shall be used by the Board of Regents, in	75286
collaboration with Ohio's public two-year campuses, to develop and	75287
implement a statewide program designed to improve the education	75288
and skills of Ohio's workforce by assisting low-income working	75289
adults in Ohio to improve their education and training.	75290
AccelerateOhio shall consist of competency-based, low-cost,	75291
noncredit, and credit-bearing modules and courses in	75292
communications, mathematics, and information technology, and other	75293
fields selected by the Board of Regents. The program shall be	75294
designed to culminate in a certificate and provide recipients with	75295
a foundation for additional post-secondary education.	75296

Section 375.20.76. CHOOSE OHIO FIRST SCHOLARSHIP

75297

The foregoing appropriation item 235-438, Choose Ohio First	75298
Scholarship, shall be disbursed pursuant to sections 3333.60 to	75299
3333.70 of the Revised Code.	75300

Section 375.20.77. OHIO RESEARCH SCHOLARS

75301

The foregoing appropriation item 235-439, Ohio Research	75302
Scholars, shall be disbursed pursuant to sections 3333.60 to	75303
3333.70 of the Revised Code.	75304

Section 375.20.80. EMINENT SCHOLARS

75305

The foregoing appropriation item 235-451, Eminent Scholars,	75306
shall be used by the Ohio Board of Regents to continue the Ohio	75307
Eminent Scholars Program, the purpose of which is to invest	75308
educational resources to address problems that are of vital	75309
statewide significance while fostering the growth in eminence of	75310
Ohio's academic programs. Ohio Eminent Scholars endowed chairs	75311
shall allow Ohio universities to recruit senior faculty members	75312
from outside Ohio who are nationally and internationally	75313
recognized scholars in areas of science and technology that	75314
provide the basic research platforms on which the state's	75315
technology and commercialization efforts are built. Endowment	75316
grants to state colleges and universities and nonprofit Ohio	75317
institutions of higher education holding certificates of	75318
authorization issued under section 1713.02 of the Revised Code to	75319
match endowment gifts from nonstate sources may be made in	75320
accordance with a plan established by the Ohio Board of Regents.	75321
Matching nonstate endowment gifts shall be equal to the state's	75322
endowment grant. The grants shall have as their purpose attracting	75323
and sustaining in Ohio scholar-leaders of national or	75324
international prominence; each grant shall assist in accelerating	75325
state economic growth through research that provides an essential	75326
basic science platform for commercialization efforts. Such	75327
scholar-leaders shall, among their duties, share broadly the	75328
benefits and knowledge unique to their fields of scholarship to	75329
the betterment of Ohio and its people and collaborate with other	75330
state technology programs and program recipients.	75331

All new Eminent Scholar awards made by the Board of Regents	75332
shall be associated with a Wright Center of Innovation, a	75333
Partnership Award from the Biomedical Research and Technology	75334
Transfer Trust Fund, or a Wright Capital Project.	75335

Section 375.20.90. ENTERPRISEOHIO NETWORK

75336

The foregoing appropriation item 235-455, EnterpriseOhio	75337
Network, shall be allocated by the Board of Regents to continue	75338
increasing the capabilities of the EnterpriseOhio Network to meet	75339
the ongoing training needs of Ohio employers. Funds shall support	75340
multicampus collaboration, best practice dissemination, and	75341
capacity building projects. The Regents Advisory Committee for	75342
Workforce Development, in its advisory role, shall advise in the	75343
development of plans and activities.	75344

Section 375.30.10. AREA HEALTH EDUCATION CENTERS

75345

The foregoing appropriation item 235-474, Area Health	75346
Education Centers Program Support, shall be used by the Board of	75347
Regents to support the medical school regional area health	75348
education centers' educational programs for the continued support	75349
of medical and other health professions education and for support	75350
of the Area Health Education Center Program.	75351

Of the foregoing appropriation item 235-474, Area Health	75352
Education Centers Program Support, $159,158 in each fiscal year	75353
shall be disbursed to the Ohio University College of Osteopathic	75354
Medicine to operate a mobile health care unit to serve the	75355
southeastern area of the state.	75356

Of the foregoing appropriation item 235-474, Area Health	75357
Education Centers Program Support, $119,369 in each fiscal year	75358
shall be used to support the Ohio Valley Community Health	75359
Information Network (OVCHIN) project.	75360

Section 375.30.20. STATE SHARE OF INSTRUCTION

75361

The Board of Regents shall establish procedures to allocate	75362
the foregoing appropriation item 235-501, State Share of	75363
Instruction, based on the formulas and enrollment in the	75364
instructional models set out in this section.	75365

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS

75366

(1) As soon as practicable during each fiscal year of the	75367
biennium ending June 30, 2009, in accordance with instructions of	75368
the Board of Regents, each state-assisted institution of higher	75369
education shall report its actual enrollment to the Board of	75370
Regents.	75371

(2) In defining the number of full-time equivalent students	75372
for state subsidy purposes, the Board of Regents shall exclude all	75373
undergraduate students who are not residents of Ohio, except those	75374
charged in-state fees in accordance with reciprocity agreements	75375
made under section 3333.17 of the Revised Code or employer	75376
contracts entered into under section 3333.32 of the Revised Code.	75377

(3) In calculating the core subsidy entitlements for Medical	75378
II models only, the Board of Regents shall use the following count	75379
of FTE students:	75380

(a) For those medical schools whose current year enrollment,	75381
including students repeating terms, is below the base enrollment,	75382
the Medical II FTE enrollment shall equal: 65 per cent of the base	75383
enrollment plus 35 per cent of the current year enrollment	75384
including students repeating terms, where the base enrollment is:	75385

The Ohio State University	1010	75386
University of Cincinnati	833	75387
University of Toledo	650	75388
Wright State University	433	75389
Ohio University	433	75390
Northeastern Ohio Universities College of Medicine	433	75391

(b) For those medical schools whose current year enrollment,	75392
excluding students repeating terms, is equal to or greater than	75393
the base enrollment, the Medical II FTE enrollment shall equal the	75394
base enrollment plus the FTE for repeating students.	75395

(c) Students repeating terms may be no more than five per	75396
cent of current year enrollment.	75397

(4) The state share of instruction to state-supported	75398
universities for students enrolled in law schools in fiscal year	75399
2008 and fiscal year 2009 shall be calculated by using the number	75400
of subsidy-eligible FTE law school students funded by state	75401
subsidy in fiscal year 1995 or the actual number of	75402
subsidy-eligible FTE law school students at the institution in the	75403
fiscal year, whichever is less.	75404

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

75405

For purposes of calculating state share of instruction	75406
allocations, the total instructional costs per full-time	75407
equivalent student shall be:	75408

Model	Fiscal Year 2008	Fiscal Year 2009	75409
ARTS AND HUMANITIES 1	$7,220	$7,494	75410
ARTS AND HUMANITIES 2	9,431	9,790	75411
ARTS AND HUMANITIES 3	12,186	12,649	75412
ARTS AND HUMANITIES 4	17,836	18,514	75413
ARTS AND HUMANITIES 5	27,829	28,887	75414
ARTS AND HUMANITIES 6	34,540	35,852	75415
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	6,352	6,594	75416
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	7,389	7,670	75417
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	8,911	9,249	75418
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	10,744	11,152	75419
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	17,070	17,719	75420
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	21,908	22,740	75421
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	26,019	27,008	75422
MEDICAL 1	43,190	44,831	75423
MEDICAL 2	47,635	49,445	75424
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	6,552	6,801	75425
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	9,196	9,545	75426
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	11,610	12,051	75427
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	14,789	15,351	75428
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	18,420	19,119	75429
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	19,990	20,750	75430
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	27,676	28,728	75431
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	35,308	36,650	75432
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	48,150	49,979	75433

Doctoral I and Doctoral II models shall be allocated in	75434
accordance with division (D)(1) of this section.	75435

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	75436
AND GRADUATE WEIGHTS	75437

For the purpose of implementing the recommendations of the	75438
State Share of Instruction Consultation and the Higher Education	75439
Funding Study Council that priority be given to maintaining state	75440
support for science, technology, engineering, mathematics,	75441
medicine, and graduate programs, the costs in division (B) of this	75442
section shall be weighted by the amounts provided below:	75443

Model	Fiscal Year 2008	Fiscal Year 2009	75444
ARTS AND HUMANITIES 1	1.000	1.000	75445
ARTS AND HUMANITIES 2	1.000	1.000	75446
ARTS AND HUMANITIES 3	1.000	1.000	75447
ARTS AND HUMANITIES 4	1.000	1.000	75448
ARTS AND HUMANITIES 5	1.250	1.250	75449
ARTS AND HUMANITIES 6	1.250	1.250	75450
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.000	1.000	75451
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.000	1.000	75452
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.000	1.000	75453
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.000	1.000	75454
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.250	1.250	75455
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.250	1.250	75456
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.250	1.250	75457
MEDICAL 1	1.500	1.500	75458
MEDICAL 2	1.728	1.728	75459
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.000	1.000	75460
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.002	1.002	75461
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.613	1.613	75462
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.690	1.690	75463
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.420	1.420	75464
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	2.081	2.081	75465
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.702	1.702	75466
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.808	1.808	75467
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.341	1.341	75468

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	75469
ENTITLEMENTS AND ADJUSTMENTS	75470

(1) Of the foregoing appropriation item 235-501, State Share	75471
of Instruction, up to 10.44 per cent of the appropriation in each	75472
fiscal year shall be reserved for support of doctoral programs to	75473
implement the recommendations of the Graduate Funding Commission.	75474
The amount so reserved shall be referred to as the doctoral	75475
set-aside.	75476

The doctoral set-aside shall be allocated to universities in	75477
proportion to their share of the total number of Doctoral I	75478
equivalent FTEs as calculated on an institutional basis using the	75479
greater of the two-year or five-year FTEs for the period fiscal	75480
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	75481
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	75482
adjusted to reflect the effects of doctoral review and subsequent	75483
changes in Doctoral I equivalent enrollments. For the purposes of	75484
this calculation, Doctoral I equivalent FTEs shall equal the sum	75485
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	75486

If a university participates in the Innovation Incentive	75487
Program outlined in appropriation item 235-433, Economic Growth	75488
Challenge, in fiscal year 2008 the Board of Regents shall withhold	75489
the university's increasing matching share required by the	75490
Innovation Incentive Program from its allocation of the doctoral	75491
set-aside.	75492

The Board of Regents shall use the combined amount of each	75493
participating state-assisted university's set aside of the	75494
doctoral reserve that has been withheld, the state matching funds	75495
earmarked under appropriation item 235-433, Economic Growth	75496
Challenge, and the amount set aside by each accredited Ohio	75497
institution of higher education holding a certificate of	75498
authorization under section 1713.02 of the Revised Code electing	75499
to participate in the Innovation Incentive Program to make awards	75500
through a competitive process under the Innovation Incentive	75501
Program. Only universities electing to set aside the prescribed	75502
amount shall be eligible to compete for and receive Innovation	75503
Incentive awards. The participating universities shall use these	75504
awards to restructure their array of doctoral programs.	75505

(2) Each campus's state share of instruction base formula	75506
earnings shall be determined as follows:	75507

(a) For each campus in each fiscal year, the instructional	75508
costs shall be determined by multiplying the amounts listed above	75509
in divisions (B) and (C) of this section by (i) average	75510
subsidy-eligible FTEs for the two-year period ending in the prior	75511
year for all models except Doctoral I and Doctoral II; and (ii)	75512
average subsidy-eligible FTEs for the five-year period ending in	75513
the prior year for all models except Doctoral I and Doctoral II.	75514

(b) The Board of Regents shall compute the two calculations	75515
listed in division (D)(2)(a) of this section and use the greater	75516
amount as each campus's instructional costs.	75517

(c) The Board of Regents shall compute a uniform state share	75518
of instructional costs by dividing the appropriations for 235-501,	75519
State Share of Instruction, less the doctoral set-aside calculated	75520
in division (D)(1) of this section, by the sum of all campuses'	75521
instructional costs as calculated in division (D)(2)(b) of this	75522
section.	75523

(d) The formula entitlement for each campus shall be	75524
determined by multiplying the uniform state share of costs	75525
calculated in division (D)(2)(c) of this section by the campus's	75526
instructional cost determined in division (D)(2)(b) of this	75527
section.	75528

(3) In addition to the doctoral set-aside allocation	75529
determined in division (D)(1) of this section and the formula	75530
entitlement determined in division (D)(2) of this section, an	75531
allocation based on fiscal year 2007 facility-based plant	75532
operations and maintenance (POM) subsidy shall be made. No campus	75533
shall be eligible for a POM allocation if the campus did not	75534
receive a net-assignable-square-foot-based (NASF) POM allocation	75535
in fiscal year 2007 and the amount of state share of instruction	75536
subsidy the campus would have received in fiscal year 2007 had the	75537
campus's calculation been based on the state share of instruction	75538
method described in this section, but using relevant fiscal year	75539
2007 data, is less than 98.5% of the campus's actual final fiscal	75540
year 2007 state share of instruction earnings.	75541

For each eligible campus, the amount of the POM allocation in	75542
each fiscal year shall be the lesser of:	75543

(a) 98.5% of the campus's actual final fiscal year 2007 state	75544
share of instruction earnings, minus the amount the campus would	75545
have received in fiscal year 2007 had the campus's calculation	75546
been based on the state share of instruction method described in	75547
this section, but using relevant fiscal year 2007 data; or	75548

(b) The actual final fiscal year 2007	75549
net-assignable-square-foot-based (NASF) POM allocation that was	75550
provided to the campus.	75551

Any POM allocations required by this division shall be funded	75552
by proportionately reducing formula entitlement earnings,	75553
including the POM allocations, for all campuses.	75554

The Board of Regents, in consultation with representatives of	75555
state-assisted colleges and universities, shall study the need for	75556
the facility-based POM allocations and make recommendations for	75557
changes by June 30, 2008.	75558

(4) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE

75559

In addition to and after the other adjustment noted above, in	75560
each fiscal year, no campus shall receive a state share of	75561
instruction allocation that is less than 100 per cent of the prior	75562
year's state share of instruction amount. Funds shall be made	75563
available to fund this guarantee provision by recalculating the	75564
uniform state share as described in division (D)(2)(c) of this	75565
section by subtracting guarantee funds and the doctoral set-aside	75566
from the total appropriations for appropriation item 235-501,	75567
State Share of Instruction.	75568

(5) CAPITAL COMPONENT DEDUCTION

75569

After all other adjustments have been made, state share of	75570
instruction earnings shall be reduced for each campus by the	75571
amount, if any, by which debt service charged in Am. H.B. 748 of	75572
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	75573
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	75574
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	75575
General Assembly, and Am. Sub. H.B. 699 of the 126th General	75576
Assembly for that campus exceeds that campus's capital component	75577
earnings. The sum of the amounts deducted shall be transferred to	75578
appropriation item 235-552, Capital Component, in each fiscal	75579
year.	75580

(E) EXCEPTIONAL CIRCUMSTANCES

75581

Adjustments may be made to the state share of instruction	75582
payments and other subsidies distributed by the Board of Regents	75583
to state-assisted colleges and universities for exceptional	75584
circumstances. No adjustments for exceptional circumstances may be	75585
made without the recommendation of the Chancellor and the approval	75586
of the Controlling Board.	75587

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	75588
INSTRUCTION	75589

The standard provisions of the state share of instruction	75590
calculation as described in the preceding sections of temporary	75591
law shall apply to any reductions made to appropriation item	75592
235-501, State Share of Instruction, before the Board of Regents	75593
has formally approved the final allocation of the state share of	75594
instruction funds for any fiscal year.	75595

Any reductions made to appropriation item 235-501, State	75596
Share of Instruction, after the Board of Regents has formally	75597
approved the final allocation of the state share of instruction	75598
funds for any fiscal year, shall be uniformly applied to each	75599
campus in proportion to its share of the final allocation.	75600

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

75601

The state share of instruction payments to the institutions	75602
shall be in substantially equal monthly amounts during the fiscal	75603
year, unless otherwise determined by the Director of Budget and	75604
Management pursuant to section 126.09 of the Revised Code.	75605
Payments during the first six months of the fiscal year shall be	75606
based upon the state share of instruction appropriation estimates	75607
made for the various institutions of higher education according to	75608
Board of Regents enrollment estimates. Payments during the last	75609
six months of the fiscal year shall be distributed after approval	75610
of the Controlling Board upon the request of the Board of Regents.	75611

Section 375.30.25. STATE SHARE OF INSTRUCTION FOR FISCAL	75612
YEARS 2008 AND 2009	75613

(A) The boards of trustees of institutions of state-supported	75614
higher education shall restrain increases in in-state	75615
undergraduate instructional and general fees. For the 2007-2008	75616
academic year, each state-supported institution shall not increase	75617
its in-state undergraduate instructional and general fees over	75618
what the institution charged for the 2006-2007 academic year. For	75619
the 2008-2009 academic year, each state-supported institution	75620
shall not increase its in-state undergraduate instructional and	75621
general fees over what the institution charged for the 2007-2008	75622
academic year.	75623

These limitations shall not apply to increases required to	75624
comply with institutional covenants related to their obligations	75625
or to meet unfunded legal mandates or legally binding obligations	75626
incurred or commitments made prior to the effective date of this	75627
section with respect to which the institution had identified such	75628
fee increases as the source of funds. Any increase required by	75629
such covenants and any such mandates, obligations, or commitments	75630
shall be reported by the Board of Regents to the Controlling	75631
Board. These limitations may also be modified by the Board of	75632
Regents, with the approval of the Controlling Board, to respond to	75633
exceptional circumstances as identified by the Board of Regents.	75634

Of the foregoing appropriation item 235-501, State Share of	75635
Instruction, $58,000,000 in fiscal year 2008 and $60,000,000 in	75636
fiscal year 2009 shall be distributed based on each campus's	75637
proportional share of the total in-state undergraduate	75638
instructional and general fees for fiscal year 2007. For purposes	75639
of this subsidy, the in-state undergraduate instructional and	75640
general fee amounts for all campuses except for Miami University	75641
shall be determined by multiplying the number of a campus's	75642
in-state full-time equivalent undergraduate students by the	75643
campus's full-time in-state undergraduate instructional and	75644
general fees, prior to deducting any scholarships and student	75645
financial aid grants. In the case of Miami University, the	75646
instructional and general fee amount used in the calculation shall	75647
be the average full-time in-state undergraduate instructional and	75648
general fee amount after taking into account Ohio Resident and	75649
Ohio Leader scholarships.	75650

The remainder of appropriation item 235-501, State Share of	75651
Instruction, shall be distributed according to division (B) of	75652
this section.	75653

(B)(1) Notwithstanding the distribution formulas outlined in	75654
Section 375.30.20 of this act, in fiscal year 2008 each	75655
state-supported institution shall receive what was received in	75656
fiscal year 2007. In addition, each institution shall receive a	75657
proportional share of the total appropriation increase from fiscal	75658
year 2007 to fiscal year 2008 in appropriation item 235-501, State	75659
Share of Instruction, if the institution demonstrates one per cent	75660
savings through identified internal efficiencies in fiscal year	75661
2008, as certified by the Chancellor of the Board of Regents.	75662

Notwithstanding the distribution formulas outlined in Section	75663
375.30.20 of this act, in fiscal year 2009 each state-supported	75664
institution shall receive what was received in fiscal year 2008.	75665
In addition, each institution shall receive a proportional share	75666
of the total appropriation increase from fiscal year 2008 to	75667
fiscal year 2009 in appropriation item 235-501, State Share of	75668
Instruction, if the institution demonstrates three per cent	75669
savings through identified internal efficiencies in fiscal year	75670
2009, as certified by the Chancellor of the Board of Regents.	75671

(2) In each fiscal year, state share of instruction earnings	75672
shall be reduced for each campus by the amount, if any, by which	75673
debt service charged in Am. H.B. 748 of the 121st General	75674
Assembly, Am. Sub. H.B. 850 of the 122nd General Assembly, Am.	75675
Sub. H.B. 640 of the 123rd General Assembly, H.B. 675 of the 124th	75676
General Assembly, Am. Sub. H.B. 16 of the 126th General Assembly,	75677
and Am. Sub. H.B. 699 of the 126th General Assembly for that	75678
campus exceeds that campus's capital component earnings. The sum	75679
of the amounts deducted shall be transferred to appropriation item	75680
235-552, Capital Component, in each fiscal year.	75681

Adjustments may be made to the state share of instruction	75682
payments and other subsidies distributed by the Board of Regents	75683
to state-assisted colleges and universities for exceptional	75684
circumstances. No adjustments for exceptional circumstances may be	75685
made without the recommendation of the Board of Regents and the	75686
approval of the Controlling Board.	75687

Any reductions made to appropriation item 235-501, State	75688
Share of Instruction, shall be uniformly applied to each campus in	75689
proportion to its share of the allocation.	75690

The state share of instruction payments to the institutions	75691
shall be in substantially equal monthly amounts during the fiscal	75692
year, unless otherwise determined by the Director of Budget and	75693
Management pursuant to section 126.09 of the Revised Code.	75694
Payments during the last six months of the fiscal year shall be	75695
distributed after approval of the Controlling Board upon the	75696
request of the Board of Regents.	75697

(C) In consultation with the Department of Development, the	75698
Chancellor of the Board of Regents shall commission a study on the	75699
needs of the business community relative to higher education in	75700
the state. The study shall include all of the following:	75701

(1) Determine the needs of Ohio's business community;

75702

(2) Determine whether state-supported institutions of higher	75703
education are meeting those needs;	75704

(3) Identify how state-supported institutions of higher	75705
education can improve to meet those needs;	75706

(4) Identify the necessary skills and talents required by the	75707
business community that Ohio's college graduates must have in	75708
order to perform in the workplace; and	75709

(5) Make any necessary recommendations as to how	75710
state-supported institutions of higher education can better meet	75711
the needs of the business community.	75712

Not later than December 31, 2007, the Chancellor of the Board	75713
of Regents shall report the findings of the study to the Governor,	75714
the Speaker and the Minority Leader of the House of	75715
Representatives, and the President and the Minority Leader of the	75716
Senate.	75717

(D) In consultation with state-supported institutions of	75718
higher education, the Chancellor of the Board of Regents shall	75719
develop a plan that includes all of the following:	75720

(1) A plan to achieve the access goal of increasing the	75721
number of Ohioans with a college degree by 230,000 by 2017;	75722

(2) A plan to achieve the success goal of increasing the	75723
graduation rate of those who first enroll in college on or after	75724
the effective date of this section by twenty per cent by 2017;	75725

(3) A plan to achieve affordability through tuition restraint	75726
and additional state support for higher education; such a plan	75727
shall include goals for establishing and implementing funding	75728
policies that provide for sufficient state funding support to	75729
reach tuition that matches or is lower than the national average	75730
and state support that matches or exceeds the national average;	75731

(4) A plan to enhance the state's competitiveness for	75732
attracting federal and other support for research and development	75733
at public research universities; such a plan shall include goals	75734
for reaching or exceeding the national average level of support,	75735
on a per capita basis, for research and development;	75736

(5) A plan to promote higher education throughout the state	75737
through the coordinated leadership efforts of the Governor, the	75738
Chancellor of the Board of Regents, and other stakeholders; such a	75739
plan shall include goals for using various media and other	75740
partnerships to raise awareness of college opportunities, to	75741
increase public awareness about the value of a college education,	75742
and to create a shared vision that a higher education is	75743
attainable by all Ohioans.	75744

Each of these plans shall include key outcome measures and	75745
other appropriate indicators to allow for monitoring of progress	75746
made in meeting the established goals. Each state-supported	75747
institution of higher education shall provide any student and	75748
institutional outcome data in any program areas requested by the	75749
Chancellor of the Board of Regents, including program efficiency	75750
and utilization of state resources. Each state-supported	75751
institution of higher education shall also commit to increasing	75752
inter-institution collaborations and partnerships and enhancing	75753
efficiencies with the goal of achieving measurable increases in	75754
savings.	75755

In consultation with state-supported institutions of higher	75756
education, the Chancellor of the Board of Regents shall study the	75757
feasibility of establishing and implementing a tuition flexibility	75758
plan that may allow state-supported institutions of higher	75759
education to charge per-credit-hour-based tuition or differential	75760
tuition.	75761

Not later than December 31, 2007, the Chancellor of the Board	75762
of Regents shall report the plan and the tuition flexibility	75763
feasibility study to the Governor, the Speaker and the Minority	75764
Leader of the House of Representatives, and the President and the	75765
Minority Leader of the Senate.	75766

Section 375.30.30. HIGHER EDUCATION - BOARD OF TRUSTEES

75767

Funds appropriated for instructional subsidies at colleges	75768
and universities may be used to provide such branch or other	75769
off-campus undergraduate courses of study and such master's degree	75770
courses of study as may be approved by the Board of Regents.	75771

In providing instructional and other services to students,	75772
boards of trustees of state-assisted institutions of higher	75773
education shall supplement state subsidies by income from charges	75774
to students. Each board shall establish the fees to be charged to	75775
all students, including an instructional fee for educational and	75776
associated operational support of the institution and a general	75777
fee for noninstructional services, including locally financed	75778
student services facilities used for the benefit of enrolled	75779
students. The instructional fee and the general fee shall	75780
encompass all charges for services assessed uniformly to all	75781
enrolled students. Each board may also establish special purpose	75782
fees, service charges, and fines as required; such special purpose	75783
fees and service charges shall be for services or benefits	75784
furnished individual students or specific categories of students	75785
and shall not be applied uniformly to all enrolled students.	75786
Except for the board of trustees of Miami University, in	75787
implementing the pilot tuition restructuring plan recognized in	75788
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly	75789
and again recognized by this act, a tuition surcharge shall be	75790
paid by all students who are not residents of Ohio.	75791

The board of trustees of a state-assisted institution of	75792
higher education shall not authorize a waiver or nonpayment of	75793
instructional fees or general fees for any particular student or	75794
any class of students other than waivers specifically authorized	75795
by law or approved by the Chancellor. This prohibition is not	75796
intended to limit the authority of boards of trustees to provide	75797
for payments to students for services rendered the institution,	75798
nor to prohibit the budgeting of income for staff benefits or for	75799
student assistance in the form of payment of such instructional	75800
and general fees. This prohibition is not intended to limit the	75801
authority of the board of trustees of Miami University in	75802
providing financial assistance to students in implementing the	75803
pilot tuition restructuring plan recognized in Section 89.05 of	75804
Am. Sub. H.B. 95 of the 125th General Assembly and again	75805
recognized by this act.	75806

Except for Miami University, in implementing the pilot	75807
tuition restructuring plan recognized in Section 89.05 of Am. Sub.	75808
H.B. 95 of the 125th General Assembly and again recognized by this	75809
act, each state-assisted institution of higher education in its	75810
statement of charges to students shall separately identify the	75811
instructional fee, the general fee, the tuition charge, and the	75812
tuition surcharge. Fee charges to students for instruction shall	75813
not be considered to be a price of service but shall be considered	75814
to be an integral part of the state government financing program	75815
in support of higher educational opportunity for students.	75816

The board of trustees of state-assisted institutions of	75817
higher education shall ensure that faculty members devote a proper	75818
and judicious part of their work week to the actual instruction of	75819
students. Total class credit hours of production per quarter per	75820
full-time faculty member is expected to meet the standards set	75821
forth in the budget data submitted by the Board of Regents.	75822

The authority of government vested by law in the boards of	75823
trustees of state-assisted institutions of higher education shall	75824
in fact be exercised by those boards. Boards of trustees may	75825
consult extensively with appropriate student and faculty groups.	75826
Administrative decisions about the utilization of available	75827
resources, about organizational structure, about disciplinary	75828
procedure, about the operation and staffing of all auxiliary	75829
facilities, and about administrative personnel shall be the	75830
exclusive prerogative of boards of trustees. Any delegation of	75831
authority by a board of trustees in other areas of responsibility	75832
shall be accompanied by appropriate standards of guidance	75833
concerning expected objectives in the exercise of such delegated	75834
authority and shall be accompanied by periodic review of the	75835
exercise of this delegated authority to the end that the public	75836
interest, in contrast to any institutional or special interest,	75837
shall be served.	75838

Section 375.30.40. STUDENT SUPPORT SERVICES

75839

The foregoing appropriation item 235-502, Student Support	75840
Services, shall be distributed by the Board of Regents to Ohio's	75841
state-assisted colleges and universities that incur	75842
disproportionate costs in the provision of support services to	75843
disabled students.	75844

Section 375.30.50. OHIO INSTRUCTIONAL GRANTS

75845

In each fiscal year, instructional grants for all eligible	75846
full-time students who have attended a college, university, or	75847
proprietary school and have completed coursework for college	75848
credit, excluding early college high school and post-secondary	75849
enrollment option students, prior to academic year 2006-2007,	75850
shall be made using the tables under section 3333.12 of the	75851
Revised Code.	75852

Of the foregoing appropriation item 235-503, Ohio	75853
Instructional Grants, an amount in each fiscal year shall be used	75854
to make the payments authorized by division (C) of section 3333.26	75855
of the Revised Code to the institutions described in that	75856
division. In addition, an amount in each fiscal year shall be used	75857
to reimburse the institutions described in division (B) of section	75858
3333.26 of the Revised Code for the cost of the waivers required	75859
by that division.	75860

The unencumbered balance of appropriation item 235-503, Ohio	75861
Instructional Grants, at the end of fiscal year 2008 shall be	75862
transferred to fiscal year 2009 for use under the same	75863
appropriation item. The amounts transferred are hereby	75864
appropriated.	75865

Section 375.30.60. WAR ORPHANS SCHOLARSHIPS

75866

The foregoing appropriation item 235-504, War Orphans	75867
Scholarships, shall be used to reimburse state-assisted	75868
institutions of higher education for waivers of instructional fees	75869
and general fees provided by them, to provide grants to	75870
institutions that have received a certificate of authorization	75871
from the Ohio Board of Regents under Chapter 1713. of the Revised	75872
Code, in accordance with the provisions of section 5910.04 of the	75873
Revised Code, and to fund additional scholarship benefits provided	75874
by section 5910.032 of the Revised Code.	75875

Section 375.30.70. OHIOLINK

75876

The foregoing appropriation item 235-507, OhioLINK, shall be	75877
used by the Board of Regents to support OhioLINK, the state's	75878
electronic library information and retrieval system, which	75879
provides access statewide to an extensive set of electronic	75880
databases and resources and the library holdings of all of Ohio's	75881
public colleges and universities, 44 private colleges, and the	75882
State Library of Ohio.	75883

Section 375.30.80. AIR FORCE INSTITUTE OF TECHNOLOGY

75884

The foregoing appropriation item 235-508, Air Force Institute	75885
of Technology, shall be used to strengthen the research and	75886
educational linkages between the Wright Patterson Air Force Base	75887
and institutions of higher education in Ohio. Of the foregoing	75888
appropriation item 235-508, Air Force Institute of Technology,	75889
$1,358,588 in each fiscal year shall be used for research projects	75890
that connect the Air Force Research Laboratories with university	75891
partners. The institute shall provide annual reports to the Third	75892
Frontier Commission, that discuss existing, planned, or possible	75893
collaborations between programs and funding recipients related to	75894
technology, research development, commercialization, and support	75895
for Ohio's economic development.	75896

Of the foregoing appropriation item 235-508, Air Force	75897
Institute of Technology, $691,757 in each fiscal year shall be	75898
used to match federal dollars to support technology	75899
commercialization and job creation. The Development Research	75900
Corporation shall use the funds to create or expand Ohio-based	75901
technology and commercial development collaborations in areas that	75902
are a priority in Ohio's third frontier initiative between	75903
industry, academia, and government.	75904

Section 375.30.90. OHIO SUPERCOMPUTER CENTER

75905

The foregoing appropriation item 235-510, Ohio Supercomputer	75906
Center, shall be used by the Board of Regents to support the	75907
operation of the Ohio Super Computer Center, located at The Ohio	75908
State University, as a statewide resource available to Ohio	75909
research universities both public and private. It is also intended	75910
that the center be made accessible to private industry as	75911
appropriate. Policies of the center shall be established by a	75912
governance committee, representative of Ohio's research	75913
universities and private industry, to be appointed by the	75914
Chancellor of the Board of Regents and established for this	75915
purpose.	75916

Funds shall be used, in part, to support the Ohio	75917
Supercomputer Center's Computational Science Initiative which	75918
includes its industrial outreach program, Blue Collar Computing,	75919
and its School of Computational Science. These collaborations	75920
between the Ohio Supercomputer Center and Ohio's colleges and	75921
universities shall be aimed at making Ohio a leader in using	75922
computer modeling to promote economic development.	75923

Of the foregoing appropriation item 235-510, Ohio	75924
Supercomputer Center, $250,000 in each fiscal year shall be used	75925
to support the Super Computer Center's activities in Beavercreek.	75926

Section 375.40.10. COOPERATIVE EXTENSION SERVICE

75927

The foregoing appropriation item 235-511, Cooperative	75928
Extension Service, shall be disbursed through the Board of Regents	75929
to The Ohio State University in monthly payments, unless otherwise	75930
determined by the Director of Budget and Management under section	75931
126.09 of the Revised Code.	75932

Of the foregoing appropriation item 235-511, Cooperative	75933
Extension Service, $178,271 in each fiscal year shall be used for	75934
additional staffing for county agents for expanded 4-H activities.	75935
Of the foregoing appropriation item 235-511, Cooperative Extension	75936
Service, $178,271 in each fiscal year shall be used by the	75937
Cooperative Extension Service, through the Enterprise Center for	75938
Economic Development in cooperation with other agencies, for a	75939
public-private effort to create and operate a small business	75940
economic development program to enhance the development of	75941
alternatives to the growing of tobacco, and implement, through	75942
applied research and demonstration, the production and marketing	75943
of other high-value crops and value-added products. Of the	75944
foregoing appropriation item 235-511, Cooperative Extension	75945
Service, $55,179 in each fiscal year shall be used for farm labor	75946
mediation and education programs, $182,515 in each fiscal year	75947
shall be used to support the Ohio State University Marion	75948
Enterprise Center, and $772,931 in each fiscal year shall be used	75949
to support the Ohio Watersheds Initiative.	75950

Section 375.40.20. OHIO UNIVERSITY VOINOVICH CENTER

75951

The foregoing appropriation item 235-513, Ohio University	75952
Voinovich Center, shall be used by the Board of Regents to support	75953
the operations of Ohio University's Voinovich Center.	75954

Section 375.40.30. PERFORMANCE STANDARDS FOR MEDICAL	75955
EDUCATION	75956

The Board of Regents, in consultation with the state-assisted	75957
medical colleges, shall develop performance standards for medical	75958
education. Special emphasis in the standards shall be placed on	75959
attempting to ensure that at least 50 per cent of the aggregate	75960
number of students enrolled in state-assisted medical colleges	75961
continue to enter residency as primary care physicians. Primary	75962
care physicians are general family practice physicians, general	75963
internal medicine practitioners, and general pediatric care	75964
physicians. The Board of Regents shall monitor medical school	75965
performance in relation to their plans for reaching the 50 per	75966
cent systemwide standard for primary care physicians.	75967

Section 375.40.35. CENTRAL STATE SUPPLEMENT

75968

The foregoing appropriation item 235-514, Central State	75969
Supplement, shall be used by Central State University to keep	75970
undergraduate fees below the statewide average, consistent with	75971
its mission of service to many first-generation college students	75972
from groups historically underrepresented in higher education and	75973
from families with limited incomes.	75974

Section 375.40.40. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	75975
MEDICINE	75976

The foregoing appropriation item 235-515, Case Western	75977
Reserve University School of Medicine, shall be disbursed to Case	75978
Western Reserve University through the Board of Regents in	75979
accordance with agreements entered into under section 3333.10 of	75980
the Revised Code, provided that the state support per full-time	75981
medical student shall not exceed that provided to full-time	75982
medical students at state universities.	75983

Section 375.40.50. CAPITOL SCHOLARSHIP PROGRAM

75984

The foregoing appropriation item 235-518, Capitol Scholarship	75985
Program, shall be used by the Board of Regents to provide	75986
scholarships to undergraduates of Ohio's four-year public and	75987
private institutions of higher education participating in the	75988
Washington Center Internship Program. A scholarship of $1,800	75989
shall be awarded to students enrolled in an institution operating	75990
on a quarter system, and a scholarship of $2,300 shall be awarded	75991
to students enrolled in an institution operating on a semester	75992
system. The number of scholarships awarded shall be limited by the	75993
amounts appropriated in fiscal years 2008 and 2009. The Washington	75994
Center shall provide a minimum of $1,300 per student in matching	75995
scholarships.	75996

Section 375.40.60. FAMILY PRACTICE

75997

The Board of Regents shall develop plans consistent with	75998
existing criteria and guidelines as may be required for the	75999
distribution of appropriation item 235-519, Family Practice.	76000

Section 375.40.70. SHAWNEE STATE SUPPLEMENT

76001

The foregoing appropriation item 235-520, Shawnee State	76002
Supplement, shall be used by Shawnee State University as detailed	76003
by both of the following:	76004

(A) To allow Shawnee State University to keep its	76005
undergraduate fees below the statewide average, consistent with	76006
its mission of service to an economically depressed Appalachian	76007
region;	76008

(B) To allow Shawnee State University to employ new faculty	76009
to develop and teach in new degree programs that meet the needs of	76010
Appalachians.	76011

Section 375.40.80. OSU JOHN GLENN SCHOOL OF PUBLIC AFFAIRS

76012

The foregoing appropriation item 235-521, The Ohio State	76013
University John Glenn School of Public Affairs, shall be used by	76014
the Board of Regents to support the operations of the Ohio State	76015
University's John Glenn School of Public Affairs.	76016

Section 375.40.90. POLICE AND FIRE PROTECTION

76017

The foregoing appropriation item 235-524, Police and Fire	76018
Protection, shall be used for police and fire services in the	76019
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	76020
Portsmouth, Xenia Township (Greene County), Rootstown Township,	76021
and the City of Nelsonville that may be used to assist these local	76022
governments in providing police and fire protection for the	76023
central campus of the state-affiliated university located therein.	76024
Each participating municipality and township shall receive at	76025
least $5,000 in each fiscal year. Funds shall be distributed	76026
according to the method employed by the Board of Regents in the	76027
previous biennium.	76028

Section 375.50.10. GERIATRIC MEDICINE

76029

The Board of Regents shall develop plans consistent with	76030
existing criteria and guidelines as may be required for the	76031
distribution of appropriation item 235-525, Geriatric Medicine.	76032

Section 375.50.20. PRIMARY CARE RESIDENCIES

76033

The Board of Regents shall develop plans consistent with	76034
existing criteria and guidelines as may be required for the	76035
distribution of appropriation item 235-526, Primary Care	76036
Residencies.	76037

The foregoing appropriation item 235-526, Primary Care	76038
Residencies, shall be distributed in each fiscal year of the	76039
biennium, based on whether or not the institution has submitted	76040
and gained approval for a plan. If the institution does not have	76041
an approved plan, it shall receive five per cent less funding per	76042
student than it would have received from its annual allocation.	76043
The remaining funding shall be distributed among those	76044
institutions that meet or exceed their targets.	76045

Section 375.50.30. OHIO AEROSPACE INSTITUTE

76046

The foregoing appropriation item 235-527, Ohio Aerospace	76047
Institute, shall be distributed by the Board of Regents under	76048
section 3333.042 of the Revised Code.	76049

The Board of Regents, in consultation with the Third Frontier	76050
Commission, shall develop a plan for providing for appropriate,	76051
value-added participation of the Ohio Aerospace Institute in Third	76052
Frontier Project proposals and grants.	76053

Section 375.50.40. ACADEMIC SCHOLARSHIPS

76054

The foregoing appropriation item 235-530, Academic	76055
Scholarships, shall be used to provide academic scholarships to	76056
students under section 3333.22 of the Revised Code.	76057

Section 375.50.50. STUDENT CHOICE GRANTS

76058

The foregoing appropriation item 235-531, Student Choice	76059
Grants, shall be used to provide Student Choice Grants under	76060
section 3333.27 of the Revised Code. The unencumbered balance of	76061
appropriation item 235-531, Student Choice Grants, at the end of	76062
fiscal year 2008 shall be transferred to fiscal year 2009 for use	76063
under the same appropriation item. The amounts transferred are	76064
hereby appropriated.	76065

Section 375.50.60. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	76066
CENTER	76067

The foregoing appropriation item 235-535, Ohio Agricultural	76068
Research and Development Center, shall be disbursed through the	76069
Board of Regents to The Ohio State University in monthly payments,	76070
unless otherwise determined by the Director of Budget and	76071
Management under section 126.09 of the Revised Code. The Ohio	76072
Agricultural Research and Development Center shall not be required	76073
to remit payment to The Ohio State University during the biennium	76074
ending June 30, 2009, for cost reallocation assessments. The cost	76075
reallocation assessments include, but are not limited to, any	76076
assessment on state appropriations to the Center.	76077

The Ohio Agricultural Research and Development Center, an	76078
entity of the College of Food, Agricultural, and Environmental	76079
Sciences of The Ohio State University, shall further its mission	76080
of enhancing Ohio's economic development and job creation by	76081
continuing to internally allocate on a competitive basis	76082
appropriated funding of programs based on demonstrated	76083
performance. Academic units, faculty, and faculty-driven programs	76084
shall be evaluated and rewarded consistent with agreed-upon	76085
performance expectations as called for in the College's	76086
Expectations and Criteria for Performance Assessment.	76087

Of the foregoing appropriation item 235-535, Ohio	76088
Agricultural Research and Development Center, $467,578 in each	76089
fiscal year shall be used to purchase equipment.	76090

Of the foregoing appropriation item 235-535, Ohio	76091
Agricultural Research and Development Center, $822,592 in each	76092
fiscal year shall be distributed to the Piketon Agricultural	76093
Research and Extension Center.	76094

Of the foregoing appropriation item 235-535, Ohio	76095
Agricultural Research and Development Center, $216,471 in each	76096
fiscal year shall be distributed to the	76097
Raspberry/Strawberry-Ellagic Acid Research program at The Ohio	76098
State University Medical College in cooperation with The Ohio	76099
State University College of Agriculture.	76100

Of the foregoing appropriation item 235-535, Ohio	76101
Agricultural Research and Development Center, $43,294 in each	76102
fiscal year shall be used to support the Ohio Berry Administrator.	76103

Of the foregoing appropriation item 235-535, Ohio	76104
Agricultural Research and Development Center, $86,588 in each	76105
fiscal year shall be used for the development of agricultural	76106
crops and products not currently in widespread production in Ohio,	76107
in order to increase the income and viability of family farmers.	76108

Section 375.50.70. STATE UNIVERSITY CLINICAL TEACHING

76109

The foregoing appropriation items 235-536, The Ohio State	76110
University Clinical Teaching; 235-537, University of Cincinnati	76111
Clinical Teaching; 235-538, University of Toledo Clinical	76112
Teaching; 235-539, Wright State University Clinical Teaching;	76113
235-540, Ohio University Clinical Teaching; and 235-541,	76114
Northeastern Ohio Universities College of Medicine Clinical	76115
Teaching, shall be distributed through the Board of Regents.	76116

Of the foregoing appropriation item 235-539, Wright State	76117
University Clinical Teaching, $124,644 in each fiscal year of the	76118
biennium shall be for the use of Wright State University's Ellis	76119
Institute for Clinical Teaching Studies to operate the clinical	76120
facility to serve the Greater Dayton area.	76121

Section 375.50.80. SCHOOL OF INTERNATIONAL BUSINESS

76122

Of the foregoing appropriation item 235-547, School of	76123
International Business, $250,000 in each fiscal year shall be used	76124
for the continued development and support of the School of	76125
International Business of the state universities of northeast	76126
Ohio. The money shall go to The University of Akron. These funds	76127
shall be used by the university to establish a School of	76128
International Business located at The University of Akron. It may	76129
confer with Kent State University, Youngstown State University,	76130
and Cleveland State University as to the curriculum and other	76131
matters regarding the school.	76132

Of the foregoing appropriation item 235-547, School of	76133
International Business, $100,000 in each fiscal year shall be used	76134
by the University of Toledo College of Business for expansion of	76135
its international business programs.	76136

Of the foregoing appropriation item 235-547, School of	76137
International Business, $100,000 in each fiscal year shall be used	76138
to support the Ohio State University BioMEMS program.	76139

Of the foregoing appropriation item 235-547, School of	76140
International Business, $100,000 in fiscal year 2009 shall be used	76141
to support the Supporting Education for the Returning Veterans	76142
(SERV) program at Cleveland State University.	76143

Of the foregoing appropriation item 235-547, School of	76144
International Business, $100,000 in fiscal year 2009 shall be used	76145
to support the Veterans Upward Bound (VUB) program at Cuyahoga	76146
Community College.	76147

Section 375.50.90. CAPITAL COMPONENT

76148

The foregoing appropriation item 235-552, Capital Component,	76149
shall be used by the Board of Regents to implement the capital	76150
funding policy for state-assisted colleges and universities	76151
established in Am. H.B. 748 of the 121st General Assembly.	76152
Appropriations from this item shall be distributed to all campuses	76153
for which the estimated campus debt service attributable to new	76154
qualifying capital projects is less than the campus's	76155
formula-determined capital component allocation. Campus	76156
allocations shall be determined by subtracting the estimated	76157
campus debt service attributable to new qualifying capital	76158
projects from the campus's formula-determined capital component	76159
allocation. Moneys distributed from this appropriation item shall	76160
be restricted to capital-related purposes.	76161

Any campus for which the estimated campus debt service	76162
attributable to qualifying capital projects is greater than the	76163
campus's formula-determined capital component allocation shall	76164
have the difference subtracted from its State Share of Instruction	76165
allocation in each fiscal year. The sum of all such amounts shall	76166
be transferred from appropriation item 235-501, State Share of	76167
Instruction, to appropriation item 235-552, Capital Component.	76168

Section 375.60.10. DAYTON AREA GRADUATE STUDIES INSTITUTE

76169

The foregoing appropriation item 235-553, Dayton Area	76170
Graduate Studies Institute, shall be used by the Board of Regents	76171
to support the Dayton Area Graduate Studies Institute, an	76172
engineering graduate consortium of three universities in the	76173
Dayton area: Wright State University, the University of Dayton,	76174
and the Air Force Institute of Technology, with the participation	76175
of the University of Cincinnati and The Ohio State University.	76176

Of the foregoing appropriation item 235-553, Dayton Area	76177
Graduate Studies Institute, $350,000 in each fiscal year shall be	76178
used by the Development Research Corporation to support	76179
collaborative research and technology commercialization	76180
initiatives in Ohio.	76181

Section 375.60.20. PRIORITIES IN COLLABORATIVE GRADUATE	76182
EDUCATION	76183

The foregoing appropriation item 235-554, Priorities in	76184
Collaborative Graduate Education, shall be used to support	76185
improvements in graduate fields of study at state-assisted	76186
universities identified by the Board of Regents, in consultation	76187
with the Department of Development and the Department of Job and	76188
Family Services, as vital to the state's economic strategy or	76189
related to an area of workforce shortage. Each fiscal year,	76190
participating institutions shall collectively submit for Board of	76191
Regents approval a plan describing how they will work	76192
collaboratively to improve the quality of their graduate programs	76193
and how the funds are to be used for this purpose. The	76194
collaborative effort for Ph.D. computer science programs shall be	76195
coordinated by the Ohio Supercomputer Center as part of its School	76196
of Computational Science.	76197

Section 375.60.30. LIBRARY DEPOSITORIES

76198

The foregoing appropriation item, 235-555, Library	76199
Depositories, shall be distributed to the state's five regional	76200
depository libraries for the cost-effective storage of and access	76201
to lesser-used materials in university library collections. The	76202
distribution of funds shall be coordinated by the Board of	76203
Regents.	76204

Section 375.60.40. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

76205

The foregoing appropriation item 235-556, Ohio Academic	76206
Resources Network, shall be used to support the operations of the	76207
Ohio Academic Resources Network, which shall include support for	76208
Ohio's state-assisted colleges and universities in maintaining and	76209
enhancing network connections and in using new network	76210
technologies to improve research, education, and economic	76211
development programs. The network shall give priority to	76212
supporting the Third Frontier Network and allocating bandwidth to	76213
programs directly supporting Ohio's economic development.	76214

Section 375.60.50. LONG-TERM CARE RESEARCH

76215

Of the foregoing appropriation item 235-558, Long-term Care	76216
Research, $211,047 in each fiscal year shall be disbursed to Miami	76217
University for long-term care research.	76218

Of the foregoing appropriation item 235-558, Long-term Care	76219
Research, $100,000 in each fiscal year shall be disbursed to the	76220
University of Cincinnati to support Alzheimer's and dementia	76221
research pursuant to an affiliation agreement with the Alois	76222
Alzheimer Center.	76223

Of the foregoing appropriation item 235-558, Long-term Care	76224
Research, $50,000 in each fiscal year shall be used to support	76225
People Working Cooperatively, Inc.	76226

Section 375.60.60. BOWLING GREEN STATE UNIVERSITY CANADIAN	76227
STUDIES CENTER	76228

The foregoing appropriation item 235-561, Bowling Green State	76229
University Canadian Studies Center, shall be used by the Canadian	76230
Studies Center at Bowling Green State University to study	76231
opportunities for Ohio and Ohio businesses to benefit from the	76232
Free Trade Agreement between the United States and Canada.	76233

Section 375.60.70. OHIO COLLEGE OPPORTUNITY GRANT PHASE-IN

76234

The foregoing appropriation item 235-563, Ohio College	76235
Opportunity Grant, shall be used by the Board of Regents to begin	76236
to award needs-based financial aid to students based on the United	76237
States Department of Education's method of determining financial	76238
need. Students who enrolled in a public, private, or proprietary	76239
post-secondary institution of higher education for the first time	76240
in academic year 2006-2007, excluding early college high school	76241
and post-secondary enrollment option participants, shall be	76242
eligible to receive aid based on their expected family	76243
contributions as calculated by the United States Department of	76244
Education, according to section 3333.122 of the Revised Code.	76245

Eligible expenditures from the foregoing appropriation item	76246
235-563, Ohio College Opportunity Grant, shall be claimed each	76247
fiscal year to help meet the state's TANF maintenance of effort	76248
requirement. The Chancellor of the Board of Regents and the	76249
Director of Job and Family Services shall enter into an	76250
interagency agreement to carry out this paragraph, which shall	76251
include, but not be limited to, developing reporting guidelines	76252
for these expenditures.	76253

Section 375.60.80. CENTRAL STATE UNIVERSITY SPEED TO SCALE

76254

The foregoing appropriation 235-567, Central State University	76255
Speed to Scale, shall be used to achieve the goals of the Speed to	76256
Scale Plan, which include increasing student enrollment through	76257
freshman recruitment and transferred students, increasing the	76258
proportion of in-state students to 80 per cent of the total	76259
student population, and increasing the student retention rates	76260
between the first and second year of college by two per cent each	76261
year. The goals shall be accomplished by targeting student	76262
retention, improved articulation agreements with two-year	76263
campuses, increased use of alternative course options, including	76264
online coursework and Ohio Learning Network resources, College	76265
Tech Prep, Post Secondary Enrollment Options, and other	76266
dual-credit programs, and strategic partnerships with research	76267
institutions to improve the quality of Central State University's	76268
offering of science, technology, engineering, mathematics, and	76269
medical instruction. In fiscal year 2009, the disbursement of	76270
these funds shall be contingent upon Central State University	76271
meeting the annual goals for the student enrollment and	76272
first-to-second-year retention rate increases.	76273

There is hereby created the Speed to Scale Task Force that	76274
shall meet not less than quarterly to discuss progress of the	76275
plan, including performance on accountability metrics, issues	76276
experienced in planned efforts, and to monitor and support the	76277
creation of partnerships with other state institutions of higher	76278
education. The Task Force shall consist of the president of	76279
Central State University or the president's designee, the	76280
president of Sinclair Community College or the president's	76281
designee, the president of Cincinnati State Technical and	76282
Community College or the president's designee, the president of	76283
Cuyahoga Community College or the president's designee, The Ohio	76284
State University or the president's designee, the president of the	76285
University of Cincinnati or the president's designee, one	76286
representative from the Board of Regents, one member of the House	76287
of Representatives appointed by the Speaker of the House of	76288
Representatives, one member of the Senate appointed by the	76289
President of the Senate, the Director of Budget and Management or	76290
the director's designee, and a representative of the Governor's	76291
Office as appointed by the Governor.	76292

On the thirtieth day of June of each fiscal year, Central	76293
State University and the Speed to Scale Task Force shall jointly	76294
submit to the Governor, the Director of Budget and Management, the	76295
Speaker of the House of Representatives, the President of the	76296
Senate, and the Board of Regents a report describing the status of	76297
their progress on the accountability metrics included in the Speed	76298
to Scale plan.	76299

Section 375.60.95. JAMES A. RHODES SCHOLARSHIP

76300

The foregoing appropriation item 235-571, James A. Rhodes	76301
Scholarship, shall be used to match the funds raised by the James	76302
A. Rhodes Leadership Foundation. Upon receiving certification that	76303
the Foundation has raised at least $10,000,000 from nonstate	76304
resources, the Board of Regents shall disburse the foregoing	76305
appropriation to the Foundation.	76306

Section 375.70.10. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

76307

The foregoing appropriation item 235-572, The Ohio State	76308
University Clinic Support, shall be distributed through the Board	76309
of Regents to The Ohio State University for support of dental and	76310
veterinary medicine clinics.	76311

Section 375.70.15. OHIO HUMANITIES COUNCIL

76312

The foregoing appropriation item 235-573, Ohio Humanities	76313
Council, shall be used to support humanities research, education,	76314
teacher development, and outreach activities through the Ohio	76315
Humanities Council.	76316

Section 375.70.20. URBAN UNIVERSITY PROGRAM

76317

Universities receiving funds from the foregoing appropriation	76318
item 235-583, Urban University Program, that are used to support	76319
an ongoing university unit shall certify periodically in a manner	76320
approved by the Board of Regents that program funds are being	76321
matched on a one-to-one basis with equivalent resources. Overhead	76322
support may not be used to meet this requirement. Where Urban	76323
University Program funds are being used to support an ongoing	76324
university unit, matching funds shall come from continuing rather	76325
than one-time sources. At each participating state-assisted	76326
institution of higher education, matching funds shall be within	76327
the substantial control of the individual designated by the	76328
institution's president as the Urban University Program	76329
representative.	76330

Of the foregoing appropriation item 235-583, Urban University	76331
Program, $117,215 in each fiscal year shall be used to support the	76332
Center for the Interdisciplinary Study of Education and the Urban	76333
Child at Cleveland State University. These funds shall be	76334
distributed according to rules adopted by the Board of Regents and	76335
shall be used by the center for interdisciplinary activities	76336
targeted toward increasing the chance of lifetime success of the	76337
urban child, including interventions beginning with the prenatal	76338
period. The primary purpose of the center is to study issues in	76339
urban education and to systematically map directions for new	76340
approaches and new solutions by bringing together a cadre of	76341
researchers, scholars, and professionals representing the social,	76342
behavioral, education, and health disciplines.	76343

Of the foregoing appropriation item 235-583, Urban University	76344
Program, $1,433,037 in each fiscal year shall be distributed by	76345
the Board of Regents to Cleveland State University in support of	76346
the Maxine Goodman Levin College of Urban Affairs.	76347

Of the foregoing appropriation item 235-583, Urban University	76348
Program, $1,433,037 in each fiscal year shall be distributed to	76349
the Northeast Ohio Research Consortium, the Urban Linkages	76350
Program, and the Urban Research Technical Assistance Grant	76351
Program. The distribution among the three programs shall be	76352
determined by the chair of the Urban University Program.	76353

Of the foregoing appropriation item 235-583, Urban University	76354
Program, $247,453 in each fiscal year shall be used to support a	76355
public communication outreach program (WCPN). The primary purpose	76356
of the program shall be to develop a relationship between	76357
Cleveland State University and nonprofit communications entities.	76358

Of the foregoing appropriation item 235-583, Urban University	76359
Program, $169,310 in each fiscal year shall be used to support the	76360
Kent State University Learning and Technology Project. This	76361
project is a kindergarten through university collaboration between	76362
schools surrounding Kent State University's eight campuses in	76363
northeast Ohio and corporate partners who will assist in	76364
development and delivery.	76365

The Kent State University Project shall provide a faculty	76366
member who has a full-time role in the development of	76367
collaborative activities and teacher instructional programming	76368
between Kent State University and the K-12th grade schools that	76369
surround its eight campuses; appropriate student support staff to	76370
facilitate these programs and joint activities; and hardware and	76371
software to schools that will make possible the delivery of	76372
instruction to pre-service and in-service teachers, and their	76373
students, in their own classrooms or school buildings. This shall	76374
involve the delivery of low-bandwidth streaming video and	76375
web-based technologies in a distributed instructional model.	76376

Of the foregoing appropriation item 235-583, Urban University	76377
Program, $65,119 in each fiscal year shall be used to support the	76378
Ameritech Classroom/Center for Research at Kent State University.	76379

Of the foregoing appropriation item 235-583, Urban University	76380
Program, $723,547 in each fiscal year shall be used to support the	76381
Polymer Distance Learning Project at the University of Akron.	76382

Of the foregoing appropriation item 235-583, Urban University	76383
Program, $32,560 in each fiscal year shall be distributed to the	76384
Kent State University/Cleveland Design Center program.	76385

Of the foregoing appropriation item 235-583, Urban University	76386
Program, $513,886 in each fiscal year shall be used to support the	76387
Bliss Institute of Applied Politics at the University of Akron.	76388

Of the foregoing appropriation item 235-583, Urban University	76389
Program, $10,851 in each fiscal year shall be used for the	76390
Advancing-Up Program at the University of Akron.	76391

Of the foregoing appropriation item 235-583, Urban University	76392
Program, $139,777 in each fiscal year shall be used to support the	76393
Strategic Economic Research Collaborative at the University of	76394
Toledo Urban Affairs Center.	76395

Of the foregoing appropriation item 235-583, Urban University	76396
Program, $164,777 in each fiscal year shall be used to support the	76397
Institute for Collaborative Research and Public Humanities at The	76398
Ohio State University.	76399

Of the foregoing appropriation item 235-583, Urban University	76400
Program, $425,368 in each fiscal year shall be used to support the	76401
Medina County University Center.	76402

Of the foregoing appropriation item 235-583, Urban University	76403
Program, $150,000 in each fiscal year shall be used to support the	76404
Ohio State University African American and African Studies	76405
Community Extension Center.	76406

Of the foregoing appropriation item 235-583, Urban University	76407
Program, $200,000 in each fiscal year shall be used to support the	76408
Cleveland Institute of Art.	76409

Section 375.70.30. RURAL UNIVERSITY PROJECTS

76410

Of the foregoing appropriation item 235-587, Rural University	76411
Projects, Bowling Green State University shall receive $263,783 in	76412
each fiscal year, Miami University shall receive $245,320 in each	76413
fiscal year, and Ohio University shall receive $575,015 in each	76414
fiscal year. These funds shall be used to support the Institute	76415
for Local Government Administration and Rural Development at Ohio	76416
University, the Center for Public Management and Regional Affairs	76417
at Miami University, and the Center for Regional Development at	76418
Bowling Green State University.	76419

A small portion of the funds provided to Ohio University	76420
shall also be used for the Institute for Local Government	76421
Administration and Rural Development State and Rural Policy	76422
Partnership with the Governor's Office of Appalachia and the	76423
Appalachian delegation of the General Assembly.	76424

Of the foregoing appropriation item 235-587, Rural University	76425
Projects, $15,942 in each fiscal year shall be used to support the	76426
Washington State Community College day care center.	76427

Of the foregoing appropriation item 235-587, Rural University	76428
Projects, $59,829 in each fiscal year shall be used to support the	76429
COAD/ILGARD/GOA Appalachian Leadership Initiative.	76430

Section 375.70.40. HAZARDOUS MATERIALS PROGRAM

76431

The foregoing appropriation item 235-596, Hazardous Materials	76432
Program, shall be disbursed to Cleveland State University for the	76433
operation of a program to certify firefighters for the handling of	76434
hazardous materials. Training shall be available to all Ohio	76435
firefighters.	76436

Of the foregoing appropriation item 235-596, Hazardous	76437
Materials Program, $177,337 in each fiscal year shall be used to	76438
support the Center for the Interdisciplinary Study of Education	76439
and Leadership in Public Service at Cleveland State University.	76440
These funds shall be distributed by the Board of Regents and shall	76441
be used by the center targeted toward increasing the role of	76442
special populations in public service and not-for-profit	76443
organizations. The primary purpose of the center is to study	76444
issues in public service and to guide strategies for attracting	76445
new communities into public service occupations by bringing	76446
together a cadre of researchers, scholars, and professionals	76447
representing the public administration, social behavioral, and	76448
education disciplines.	76449

Section 375.70.50. NATIONAL GUARD SCHOLARSHIP PROGRAM

76450

The Board of Regents shall disburse funds from appropriation	76451
item 235-599, National Guard Scholarship Program, at the direction	76452
of the Adjutant General. During each fiscal year, the Board of	76453
Regents, within ten days of cancellation, may certify to the	76454
Director of Budget and Management the amount of canceled	76455
prior-year encumbrances in appropriation item 235-599, National	76456
Guard Scholarship Program. Upon receipt of the certification, the	76457
Director of Budget and Management may transfer an amount up to the	76458
certified amount from the General Revenue Fund to the National	76459
Guard Scholarship Reserve Fund (Fund 5BM). Upon the request of the	76460
Adjutant General, the Board of Regents shall seek Controlling	76461
Board approval to establish appropriations in item 235-623,	76462
National Guard Scholarship Reserve Fund. The Board of Regents	76463
shall disburse funds from appropriation item 235-623, National	76464
Guard Scholarship Reserve Fund, at the direction of the Adjutant	76465
General.	76466

* Section 375.70.60. PLEDGE OF FEES

76467

Any new pledge of fees, or new agreement for adjustment of	76468
fees, made in the biennium ending June 30, 2009, to secure bonds	76469
or notes of a state-assisted institution of higher education for a	76470
project for which bonds or notes were not outstanding on the	76471
effective date of this section shall be effective only after	76472
approval by the Board of Regents, unless approved in a previous	76473
biennium.	76474

Section 375.70.70. HIGHER EDUCATION GENERAL OBLIGATION DEBT	76475
SERVICE	76476

The foregoing appropriation item 235-909, Higher Education	76477
General Obligation Debt Service, shall be used to pay all debt	76478
service and related financing costs at the times they are required	76479
to be made for obligations issued during the period from July 1,	76480
2007, to June 30, 2009, under sections 151.01 and 151.04 of the	76481
Revised Code.	76482

Section 375.70.80. SALES AND SERVICES

76483

The Board of Regents is authorized to charge and accept	76484
payment for the provision of goods and services. Such charges	76485
shall be reasonably related to the cost of producing the goods and	76486
services. No charges may be levied for goods or services that are	76487
produced as part of the routine responsibilities or duties of the	76488
Board. All revenues received by the Board of Regents shall be	76489
deposited into Fund 456, and may be used by the Board of Regents	76490
to pay for the costs of producing the goods and services.	76491

Section 375.70.90. OHIO HIGHER EDUCATIONAL FACILITY	76492
COMMISSION SUPPORT	76493

The foregoing appropriation item 235-602, Higher Educational	76494
Facility Commission Administration, shall be used by the Board of	76495
Regents for operating expenses related to the Board of Regents'	76496
support of the activities of the Ohio Higher Educational Facility	76497
Commission. Upon the request of the chancellor, the Director of	76498
Budget and Management shall transfer up to $50,000 cash in fiscal	76499
year 2008 and up to $45,000 cash in fiscal year 2009 from Fund 461	76500
to Fund 4E8.	76501

Section 375.80.10. PHYSICIAN LOAN REPAYMENT

76502

The foregoing appropriation item 235-604, Physician Loan	76503
Repayment, shall be used in accordance with sections 3702.71 to	76504
3702.81 of the Revised Code.	76505

Section 375.80.20. NURSING LOAN PROGRAM

76506

The foregoing appropriation item 235-606, Nursing Loan	76507
Program, shall be used to administer the nurse education	76508
assistance program. Up to $159,600 in fiscal year 2008 and	76509
$167,580 in fiscal year 2009 may be used for operating expenses	76510
associated with the program. Any additional funds needed for the	76511
administration of the program are subject to Controlling Board	76512
approval.	76513

Section 375.80.30. REPAYMENT OF RESEARCH FACILITY INVESTMENT	76514
FUND MONEYS	76515

Notwithstanding any provision of law to the contrary, all	76516
repayments of Research Facility Investment Fund loans shall be	76517
made to the Bond Service Trust Fund. All Research Facility	76518
Investment Fund loan repayments made prior to the effective date	76519
of this section shall be transferred by the Director of Budget and	76520
Management to the Bond Service Trust Fund within sixty days after	76521
the effective date of this section.	76522

Campuses shall make timely repayments of Research Facility	76523
Investment Fund loans, according to the schedule established by	76524
the Board of Regents. In the case of late payments, the Board of	76525
Regents may deduct from an institution's periodic subsidy	76526
distribution an amount equal to the amount of the overdue payment	76527
for that institution, transfer such amount to the Bond Service	76528
Trust Fund, and credit the appropriate institution for the	76529
repayment.	76530

Section 375.80.40. VETERANS' PREFERENCES

76531

The Board of Regents shall work with the Governor's Office of	76532
Veterans' Affairs to develop specific veterans' preference	76533
guidelines for higher education institutions. These guidelines	76534
shall ensure that the institutions' hiring practices are in	76535
accordance with the intent of Ohio's veterans' preference laws.	76536

Section 375.80.50. STATE NEED-BASED FINANCIAL AID	76537
RECONCILIATION	76538

By the first day of August in each fiscal year, or as soon	76539
thereafter as possible, the Ohio Board of Regents shall certify to	76540
the Director of Budget and Management the amount necessary to pay	76541
any outstanding prior year obligations to higher education	76542
institutions for the state's need-based financial aid programs.	76543
The amounts certified are hereby appropriated to appropriation	76544
item 235-618, State Need-based Financial Aid Reconciliation, from	76545
revenues received in the State Need-based Financial Aid	76546
Reconciliation Fund (Fund 5Y5).	76547

Section 375.80.60. TRANSFERS TO STATE NEED-BASED FINANCIAL	76548
AID PROGRAMS	76549

In each fiscal year of the biennium, if the Chancellor of the	76550
Board of Regents determines that additional funds are needed to	76551
support the distribution of state need-based financial aid in	76552
accordance with sections 3333.12 and 3333.122 of the Revised Code,	76553
the Chancellor shall recommend the reallocation of unencumbered	76554
and unobligated appropriation balances of General Revenue Fund	76555
appropriation items in the Board of Regents to GRF appropriation	76556
items 235-503, Ohio Instructional Grants, and 235-563, Ohio	76557
College Opportunity Grant. If the Director of Budget and	76558
Management determines that such a reallocation is required, the	76559
Director may transfer those identified unencumbered and	76560
unobligated funds in the Board of Regents as necessary to GRF	76561
appropriation items 235-503, Ohio Instructional Grants, and	76562
235-563, Ohio College Opportunity Grant. The amounts transferred	76563
to appropriation items 235-503, Ohio Instructional Grants, and	76564
235-563, Ohio College Opportunity Grant, are hereby appropriated.	76565
If those unencumbered and unobligated funds are not sufficient to	76566
support the distribution of state need-based financial aid in	76567
accordance with sections 3333.12 and 3333.122 of the Revised Code	76568
in each fiscal year, the Director of Budget and Management may	76569
increase the appropriation from the General Revenue Fund of	76570
appropriation items 235-503, Ohio Instructional Grants, and	76571
235-563, Ohio College Opportunity Grant, in each fiscal year. The	76572
combined increase to appropriation items 235-503, Ohio	76573
Instructional Grants, and 235-563, Ohio College Opportunity Grant,	76574
authorized under this section shall not exceed $5,000,000 in total	76575
for the purpose of need-based financial aid in each fiscal year of	76576
the biennium.	76577

Section 375.80.70. TWO PLUS TWO PROGRAMS AT CO-LOCATED	76578
CAMPUSES	76579

The General Assembly encourages co-located technical colleges	76580
and university branches to cooperate in developing programs that	76581
provide for a seamless articulation from a two-year associate	76582
degree from a technical college to a baccalaureate degree from the	76583
university branch with an additional two years of study.	76584

Section 377.10. DRC DEPARTMENT OF REHABILITATION AND	76585
CORRECTION	76586

General Revenue Fund							76587
GRF	501-321	Institutional Operations	$	892,162,864	$	928,980,197	76588
GRF	501-403	Prisoner Compensation	$	8,599,255	$	8,599,255	76589
GRF	501-405	Halfway House	$	41,214,205	$	41,214,205	76590
GRF	501-406	Lease Rental Payments	$	107,607,100	$	109,224,900	76591
GRF	501-407	Community Nonresidential Programs	$	16,514,626	$	16,547,367	76592
GRF	501-408	Community Misdemeanor Programs	$	9,313,076	$	9,313,076	76593
GRF	501-501	Community Residential Programs - CBCF	$	57,104,132	$	57,104,132	76594
GRF	502-321	Mental Health Services	$	70,112,063	$	73,405,363	76595
GRF	503-321	Parole and Community Operations	$	79,296,672	$	82,739,767	76596
GRF	504-321	Administrative Operations	$	27,554,198	$	28,658,273	76597
GRF	505-321	Institution Medical Services	$	199,073,620	$	198,337,805	76598
GRF	506-321	Institution Education Services	$	23,784,868	$	24,847,502	76599
GRF	507-321	Institution Recovery Services	$	7,319,028	$	7,664,520	76600
TOTAL GRF General Revenue Fund			$	1,539,655,707	$	1,586,636,362	76601

General Services Fund Group

76602

148	501-602	Services and Agricultural	$	104,485,807	$	108,290,058	76603
200	501-607	Ohio Penal Industries	$	39,395,391	$	40,845,414	76604
4B0	501-601	Sewer Treatment Services	$	2,331,003	$	2,407,018	76605
4D4	501-603	Prisoner Programs	$	20,967,703	$	20,967,703	76606
4L4	501-604	Transitional Control	$	2,051,451	$	2,051,451	76607
4S5	501-608	Education Services	$	4,564,072	$	4,564,072	76608
483	501-605	Property Receipts	$	393,491	$	393,491	76609
5AF	501-609	State and Non-Federal Awards	$	262,718	$	262,718	76610
5H8	501-617	Offender Financial Responsibility	$	2,500,000	$	2,500,000	76611
5L6	501-611	Information Technology Services	$	3,741,980	$	3,741,980	76612
571	501-606	Training Academy Receipts	$	75,190	$	75,190	76613
593	501-618	Laboratory Services	$	5,799,999	$	5,799,999	76614
TOTAL GSF General Services Fund Group			$	186,568,805	$	191,899,094	76615

Federal Special Revenue Fund Group

76616

3S1	501-615	Truth-In-Sentencing Grants	$	8,709,142	$	8,709,142	76617
323	501-619	Federal Grants	$	12,198,353	$	12,198,353	76618
3CJ	501-621	Medicaid Inpatient Services	$	11,600,000	$	15,500,000	76619
TOTAL FED Federal Special Revenue							76620
Fund Group			$	32,507,495	$	36,407,495	76621

TOTAL ALL BUDGET FUND GROUPS

1,758,732,007

1,814,942,951

76622

OHIO BUILDING AUTHORITY LEASE PAYMENTS

76623

The foregoing appropriation item 501-406, Lease Rental	76624
Payments, shall be used to meet all payments during the period	76625
from July 1, 2007, to June 30, 2009, under the primary leases and	76626
agreements for those buildings made under Chapter 152. of the	76627
Revised Code. These appropriations are the source of funds pledged	76628
for bond service charges or obligations issued pursuant to Chapter	76629
152. of the Revised Code.	76630

PRISONER COMPENSATION

76631

Money from the foregoing appropriation item 501-403, Prisoner	76632
Compensation, shall be transferred on a quarterly basis by	76633
intrastate transfer voucher to the Services and Agricultural Fund	76634
(Fund 148) for the purposes of paying prisoner compensation.	76635

HIV/AIDS TESTING REENTRY PILOT PROGRAM

76636

Of the foregoing appropriation item 505-321, Institution	76637
Medical Services, up to $250,000 in each fiscal year shall be used	76638
for the HIV/AIDS testing re-entry pilot program at the Mansfield	76639
Correctional Institution. Prior to a prisoner's release from	76640
custody at the Mansfield Correctional Institution under the	76641
control of the Department of Rehabilitation and Correction, the	76642
department shall examine and test a prisoner for HIV infection and	76643
any sexually transmitted disease. The department may examine and	76644
test involuntarily a prisoner who refuses to be tested.	76645

Section 377.20. LIMA CORRECTIONAL INSTITUTION STUDY COMMITTEE

76646

(A) There is hereby created the Lima Correctional Institution	76647
Study Committee, effective July 1, 2007. The Committee shall	76648
consist of the following nine members:	76649

(1) The Director of Rehabilitation and Correction or the	76650
Director's designee;	76651

(2) The eight members of the Correctional Institution	76652
Inspection Committee.	76653

(B) The Director of Rehabilitation and Correction shall be	76654
the chairperson of the Lima Correctional Institution Study	76655
Committee.	76656

(C) The Lima Correctional Institution Study Committee shall	76657
procure an independent feasibility study, performed by a	76658
consultant, through the Department of Rehabilitation and	76659
Correction. The study shall examine the highest and best use for	76660
the Lima Correctional Institution and shall examine, at a minimum,	76661
all of the following:	76662

(1) State and local correctional needs and the utilization of	76663
state and local facilities to service those needs;	76664

(2) The current condition and value of the Lima Correctional	76665
Institution;	76666

(3) The cost to reopen the Lima Correctional Institution in	76667
part or in whole for a correctional purpose;	76668

(4) Alternative uses for the Lima Correctional Institution;

76669

(5) The funding options to utilize the Lima Correctional	76670
Institution;	76671

(6) The economic impact of the Lima Correctional Institution	76672
on the Lima region and the potential non-prison economic	76673
development opportunities for a closed prison facility.	76674

(D) The Lima Correctional Institution Study Committee and the	76675
consultant selected shall utilize the staff of the Department of	76676
Rehabilitation and Correction for research and other support	76677
functions as much as feasible.	76678

(E) Of the foregoing appropriation item 501-321,	76679
Institutional Operations, $50,000 in fiscal year 2008 shall be	76680
used to fund the feasibility study.	76681

(F) The Lima Correctional Institution Study Committee shall	76682
submit a report of the Committee's findings not later than April	76683
1, 2008, to the Governor, the President of the Senate, and the	76684
Speaker of the House of Representatives. The Committee shall cease	76685
to exist after submitting the report.	76686

Section 379.10. RSC REHABILITATION SERVICES COMMISSION

76687

General Revenue Fund

76688

GRF	415-100	Personal Services	$	8,851,468	$	8,851,468	76689
GRF	415-402	Independent Living Council	$	450,000	$	450,000	76690
GRF	415-406	Assistive Technology	$	47,531	$	47,531	76691
GRF	415-431	Office for People with Brain Injury	$	226,012	$	226,012	76692
GRF	415-506	Services for People with Disabilities	$	16,959,541	$	17,259,541	76693
GRF	415-508	Services for the Deaf	$	50,000	$	50,000	76694
TOTAL GRF General Revenue Fund			$	26,584,552	$	26,884,552	76695

General Services Fund Group

76696

4W5	415-606	Program Management Expenses	$	18,123,188	$	18,557,040	76697
467	415-609	Business Enterprise Operating Expenses	$	1,632,082	$	1,632,082	76698
TOTAL GSF General Services							76699
Fund Group			$	19,755,270	$	20,189,122	76700

Federal Special Revenue Fund Group

76701

3L1	415-601	Social Security Personal Care Assistance	$	3,743,740	$	3,743,740	76702
3L1	415-605	Social Security Community Centers for the Deaf	$	750,000	$	750,000	76703
3L1	415-608	Social Security Vocational Rehabilitation	$	1,506,260	$	1,506,260	76704
3L4	415-612	Federal Independent Living Centers or Services	$	648,908	$	648,908	76705
3L4	415-615	Federal - Supported Employment	$	884,451	$	796,006	76706
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,490,944	$	1,490,944	76707
317	415-620	Disability Determination	$	82,808,006	$	87,546,215	76708
379	415-616	Federal - Vocational Rehabilitation	$	122,484,545	$	123,638,578	76709
TOTAL FED Federal Special							76710
Revenue Fund Group			$	214,316,854	$	220,120,651	76711

State Special Revenue Fund Group

76712

4L1	415-619	Services for Rehabilitation	$	3,765,337	$	4,500,000	76713
468	415-618	Third Party Funding	$	906,910	$	906,910	76714
TOTAL SSR State Special							76715
Revenue Fund Group			$	4,672,247	$	5,406,910	76716
TOTAL ALL BUDGET FUND GROUPS			$	265,328,923	$	272,601,235	76717

INDEPENDENT LIVING COUNCIL

76718

The foregoing appropriation item 415-402, Independent Living	76719
Council, shall be used to fund the operations of the State	76720
Independent Living Council and shall be used to support state	76721
independent living centers and independent living services under	76722
Title VII of the Independent Living Services and Centers for	76723
Independent Living of the Rehabilitation Act Amendments of 1992,	76724
106 Stat. 4344, 29 U.S.C. 796d.	76725

OFFICE FOR PEOPLE WITH BRAIN INJURY

76726

Of the foregoing appropriation item 415-431, Office for	76727
People with Brain Injury, up to $50,000 in each fiscal year shall	76728
be used for the state match for a federal grant awarded through	76729
the Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to	76730
$50,000 in each fiscal year shall be provided to the Brain Injury	76731
Trust Fund. The remaining appropriation shall be used to plan and	76732
coordinate head-injury-related services provided by state agencies	76733
and other government or private entities, to assess the needs for	76734
such services, and to set priorities in this area.	76735

VOCATIONAL REHABILITATION SERVICES

76736

The foregoing appropriation item 415-506, Services for People	76737
with Disabilities, shall be used as state matching funds to	76738
provide vocational rehabilitation services to eligible consumers.	76739

PROGRAM MANAGEMENT EXPENSES

76740

The foregoing appropriation item 415-606, Program Management	76741
Expenses, shall be used to support the administrative functions of	76742
the commission related to the provision of vocational	76743
rehabilitation, disability determination services, and ancillary	76744
programs.	76745

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

76746

The foregoing appropriation item 415-617, Independent	76747
Living/Vocational Rehabilitation Programs, shall be used to	76748
support vocational rehabilitation programs.	76749

SOCIAL SECURITY REIMBURSEMENT FUNDS

76750

Reimbursement funds received from the Social Security	76751
Administration, United States Department of Health and Human	76752
Services, for the costs of providing services and training to	76753
return disability recipients to gainful employment shall be used	76754
in the Social Security Reimbursement Fund (Fund 3L1), to the	76755
extent funds are available, as follows:	76756

(A) Appropriation item 415-601, Social Security Personal Care	76757
Assistance, to provide personal care services in accordance with	76758
section 3304.41 of the Revised Code;	76759

(B) Appropriation item 415-608, Social Security Vocational	76760
Rehabilitation, to provide vocational rehabilitation services to	76761
individuals with severe disabilities who are Social Security	76762
beneficiaries, to enable them to achieve competitive employment.	76763
This appropriation item also includes funds to assist the Personal	76764
Care Assistance Program to pay its share of indirect costs as	76765
mandated by federal OMB Circular A-87.	76766

PERFORMANCE AUDIT

76767

The Auditor of State shall complete a performance audit of	76768
the Rehabilitation Services Commission. Upon completing the	76769
performance audit, the Auditor of State shall submit a report of	76770
the findings of the audit to the Governor, the President of the	76771
Senate, the Speaker of the House of Representatives, and the Board	76772
of Rehabilitation Services Commission. Expenses incurred by the	76773
Auditor of State to conduct the performance audit shall be	76774
reimbursed by the Rehabilitation Services Commission.	76775

INTERNAL REVIEW

76776

The Administrator of the Rehabilitation Services Commission	76777
shall consult with the Director of Budget and Management and	76778
representatives of local rehabilitation services agencies to	76779
conduct an internal review of policies and procedures to increase	76780
efficiency and identify and eliminate duplicative practices. Any	76781
savings identified as a result of the internal review or the	76782
performance audit conducted by the Auditor of State shall be used	76783
for community-based care.	76784

The Administrator of the Rehabilitation Services Commission	76785
shall seek Controlling Board approval before expending any funds	76786
identified as a result of the internal review or the performance	76787
audit.	76788

Section 381.10. RCB RESPIRATORY CARE BOARD

76789

General Services Fund Group

76790

4K9	872-609	Operating Expenses	$	491,628	$	481,768	76791
TOTAL GSF General Services							76792
Fund Group			$	491,628	$	481,768	76793
TOTAL ALL BUDGET FUND GROUPS			$	491,628	$	481,768	76794

Section 383.10. RDF REVENUE DISTRIBUTION FUNDS

76796

Volunteer Firefighters' Dependents Fund

76797

085	800-900	Volunteer Firefighters' Dependents Fund	$	300,000	$	300,000	76798
TOTAL 085 Volunteer Firefighters'							76799
Dependents Fund			$	300,000	$	300,000	76800
Agency Fund Group							76801
062	110-962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	76802
063	110-963	Permissive Tax Distribution	$	1,778,662,000	$	1,849,000,000	76803
067	110-967	School District Income Tax	$	325,000,000	$	350,000,000	76804
4P8	001-698	Cash Management Improvement Fund	$	3,050,000	$	3,100,000	76805
608	001-699	Investment Earnings	$	250,000,000	$	250,000,000	76806
TOTAL AGY Agency Fund Group			$	2,357,712,000	$	2,453,100,000	76807

Holding Account Redistribution

76808

R45	110-617	International Fuel Tax Distribution	$	50,000,000	$	50,000,000	76809
TOTAL 090 Holding Account Redistribution Fund			$	50,000,000	$	50,000,000	76810
Revenue Distribution Fund Group							76811
049	038-900	Indigent Drivers Alcohol Treatment	$	1,797,000	$	1,832,000	76812
050	762-900	International Registration Plan Distribution	$	54,475,631	$	55,565,143	76813
051	762-901	Auto Registration Distribution	$	500,000,000	$	539,000,000	76814
054	110-954	Local Government Property Tax Replacement - Utility	$	93,250,000	$	95,125,000	76815
060	110-960	Gasoline Excise Tax Fund	$	375,000,000	$	375,000,000	76816
064	110-964	Local Government Revenue Assistance	$	42,400,000	$	0	76817
065	110-965	Library/Local Government Support Fund	$	460,000,000	$	464,500,000	76818
066	800-900	Undivided Liquor Permits	$	13,500,000	$	13,500,000	76819
068	110-968	State and Local Government Highway Distribution	$	240,250,000	$	242,500,000	76820
069	110-969	Local Government Fund	$	730,700,000	$	785,000,000	76821
081	110-981	Local Government Property Tax Replacement-Business	$	262,500,000	$	366,800,000	76822
082	110-982	Horse Racing Tax	$	125,000	$	130,000	76823
083	700-900	Ohio Fairs Fund	$	2,277,000	$	2,325,000	76824
TOTAL RDF Revenue Distribution							76825
Fund Group			$	2,776,274,631	$	2,941,277,143	76826
TOTAL ALL BUDGET FUND GROUPS			$	5,184,286,631	$	5,444,677,143	76827

ADDITIONAL APPROPRIATIONS

76828

Appropriation items in this section shall be used for the	76829
purpose of administering and distributing the designated revenue	76830
distribution funds according to the Revised Code. If it is	76831
determined that additional appropriations are necessary for this	76832
purpose, such amounts are appropriated.	76833

GENERAL REVENUE FUND TRANSFERS TO LOCAL GOVERNMENT PROPERTY	76834
TAX REPLACEMENT – BUSINESS (FUND 081)	76835

Notwithstanding any provision of law to the contrary, in	76836
fiscal year 2008 and fiscal year 2009, the Director of Budget and	76837
Management may transfer from the General Revenue Fund to the Local	76838
Government Property Tax Replacement – Business (Fund 081) in the	76839
Revenue Distribution Fund, those amounts necessary to reimburse	76840
local taxing units under section 5751.22 of the Revised Code.	76841
Also, in fiscal year 2008 and fiscal year 2009, the Director of	76842
Budget and Management may make temporary transfers from the	76843
General Revenue Fund to ensure sufficient balances in the Local	76844
Government Property Tax Replacement - Business Fund (Fund 081) and	76845
to replenish the General Revenue Fund for such transfers.	76846

Section 385.10. SAN BOARD OF SANITARIAN REGISTRATION

76847

General Services Fund Group

76848

4K9	893-609	Operating Expenses	$	138,551	$	138,551	76849
TOTAL GSF General Services							76850
Fund Group			$	138,551	$	138,551	76851
TOTAL ALL BUDGET FUND GROUPS			$	138,551	$	138,551	76852

Section 387.10. OSB OHIO STATE SCHOOL FOR THE BLIND

76854

General Revenue Fund

76855

GRF	226-100	Personal Services	$	7,093,127	$	7,519,318	76856
GRF	226-200	Maintenance	$	704,154	$	704,154	76857
GRF	226-300	Equipment	$	113,288	$	113,288	76858
TOTAL GRF General Revenue Fund			$	7,910,569	$	8,336,760	76859

General Services Fund Group

76860

4H8	226-602	School Improvement Grants	$	37,514	$	37,514	76861
TOTAL GSF General Services							76862
Fund Group			$	37,514	$	37,514	76863

Federal Special Revenue Fund Group

76864

3P5	226-643	Medicaid Services Reimbursement	$	50,000	$	50,000	76865
310	226-626	Multi-Handicapped Student Support	$	2,527,105	$	2,527,105	76866
TOTAL FED Federal Special							76867
Revenue Fund Group			$	2,577,105	$	2,577,105	76868

State Special Revenue Fund Group

76869

4M5	226-601	Work Study and Donations	$	217,397	$	217,397	76870
TOTAL SSR State Special Revenue							76871
Fund Group			$	217,397	$	217,397	76872
TOTAL ALL BUDGET FUND GROUPS			$	10,742,585	$	11,168,776	76873

Section 389.10. OSD OHIO SCHOOL FOR THE DEAF

76875

General Revenue Fund

76876

GRF	221-100	Personal Services	$	8,775,363	$	9,263,862	76877
GRF	221-200	Maintenance	$	1,033,092	$	1,033,092	76878
GRF	221-300	Equipment	$	222,500	$	222,500	76879
TOTAL GRF General Revenue Fund			$	10,030,955	$	10,519,454	76880

General Services Fund Group

76881

4M1	221-602	School Improvement Grants	$	38,000	$	38,000	76882
TOTAL GSF General Services							76883
Fund Group			$	38,000	$	38,000	76884

Federal Special Revenue Fund Group

76885

3AD	221-604	VREAL Ohio	$	25,000	$	25,000	76886
3R0	221-684	Medicaid Services	$	34,999	$	34,999	76887
		Reimbursement					76888
3Y1	221-686	Federal Early Childhood Grant	$	250,000	$	250,000	76889
311	221-625	Statewide Outreach	$	2,470,135	$	2,470,135	76890
TOTAL FED Federal Special							76891
Revenue Fund Group			$	2,780,134	$	2,780,134	76892

State Special Revenue Fund Group

76893

4M0	221-601	Work Study and Donations	$	95,000	$	95,000	76894
5H6	221-609	Preschool Program Support	$	127,832	$	125,358	76895
TOTAL SSR State Special Revenue							76896
Fund Group			$	222,832	$	220,358	76897
TOTAL ALL BUDGET FUND GROUPS			$	13,071,921	$	13,557,946	76898

Section 391.10. SFC SCHOOL FACILITIES COMMISSION

76900

General Revenue Fund

76901

GRF	230-428	Lease Rental Payments	$	22,702,000	$	0	76902
GRF	230-908	Common Schools General Obligation Debt Service	$	284,768,400	$	339,648,300	76903
TOTAL GRF General Revenue Fund			$	307,470,400	$	339,648,300	76904

State Special Revenue Fund Group

76905

5E3	230-644	Operating Expenses	$	7,749,813	$	7,786,197	76906
TOTAL SSR State Special Revenue							76907
Fund Group			$	7,749,813	$	7,786,197	76908
TOTAL ALL BUDGET FUND GROUPS			$	315,220,213	$	347,434,497	76909

Section 391.20. LEASE RENTAL PAYMENTS

76911

The foregoing appropriation item 230-428, Lease Rental	76912
Payments, shall be used to meet all payments at the times they are	76913
required to be made during the period from July 1, 2007, to June	76914
30, 2009, by the Ohio School Facilities Commission under leases	76915
and agreements made under section 3318.26 of the Revised Code.	76916

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

76917

The foregoing appropriation item 230-908, Common Schools	76918
General Obligation Debt Service, shall be used to pay all debt	76919
service and related financing costs at the times they are required	76920
to be made for obligations issued during the period from July 1,	76921
2007, through June 30, 2009, under sections 151.01 and 151.03 of	76922
the Revised Code.	76923

OPERATING EXPENSES

76924

The foregoing appropriation item 230-644, Operating Expenses,	76925
shall be used by the Ohio School Facilities Commission to carry	76926
out its responsibilities under this section and Chapter 3318. of	76927
the Revised Code.	76928

In both fiscal years 2008 and 2009, the Executive Director of	76929
the Ohio School Facilities Commission shall certify on a quarterly	76930
basis to the Director of Budget and Management the amount of cash	76931
from interest earnings to be transferred from the School Building	76932
Assistance Fund (Fund 032), the Public School Building Fund (Fund	76933
021), and the Educational Facilities Trust Fund (Fund N87) to the	76934
Ohio School Facilities Commission Fund (Fund 5E3). The amount	76935
transferred from the School Building Assistance Fund (Fund 032)	76936
may not exceed investment earnings credited to the fund, less any	76937
amount required to be paid for federal arbitrage rebate purposes.	76938

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

76939

At the request of the Executive Director of the Ohio School	76940
Facilities Commission, the Director of Budget and Management may	76941
cancel encumbrances for school district projects from a previous	76942
biennium if the district has not raised its local share of project	76943
costs within one year of receiving Controlling Board approval	76944
under section 3318.05 of the Revised Code. The Executive Director	76945
of the Ohio School Facilities Commission shall certify the amounts	76946
of the canceled encumbrances to the Director of Budget and	76947
Management on a quarterly basis. The amounts of the canceled	76948
encumbrances are hereby appropriated.	76949

Section 391.30. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL	76950
FACILITIES	76951

Notwithstanding any other provision of law to the contrary,	76952
the Ohio School Facilities Commission may provide assistance under	76953
the Exceptional Needs School Facilities Program established in	76954
section 3318.37 of the Revised Code to any school district, and	76955
not exclusively to a school district in the lowest seventy-five	76956
per cent of adjusted valuation per pupil on the current ranking of	76957
school districts established under section 3317.02 of the Revised	76958
Code, for the purpose of the relocation or replacement of school	76959
facilities required as a result of extreme environmental	76960
contamination.	76961

The Ohio School Facilities Commission shall contract with an	76962
independent environmental consultant to conduct a study and to	76963
report to the commission as to the seriousness of the	76964
environmental contamination, whether the contamination violates	76965
applicable state and federal standards, and whether the facilities	76966
are no longer suitable for use as school facilities. The	76967
commission then shall make a determination regarding funding for	76968
the relocation or replacement of the school facilities. If the	76969
federal government or other public or private entity provides	76970
funds for restitution of costs incurred by the state or school	76971
district in the relocation or replacement of the school	76972
facilities, the school district shall use such funds in excess of	76973
the school district's share to refund the state for the state's	76974
contribution to the environmental contamination portion of the	76975
project. The school district may apply an amount of such	76976
restitution funds up to an amount equal to the school district's	76977
portion of the project, as defined by the commission, toward	76978
paying its portion of that project to reduce the amount of bonds	76979
the school district otherwise must issue to receive state	76980
assistance under sections 3318.01 to 3318.20 of the Revised Code.	76981

Section 391.40. CANTON CITY SCHOOL DISTRICT PROJECT

76982

(A) The Ohio School Facilities Commission may commit up to	76983
thirty-five million dollars to the Canton City School District for	76984
construction of a facility described in this section, in lieu of a	76985
high school that would otherwise be authorized under Chapter 3318.	76986
of the Revised Code. The Commission shall not commit funds under	76987
this section unless all of the following conditions are met:	76988

(1) The District has entered into a cooperative agreement	76989
with a state-assisted technical college.	76990

(2) The District has received an irrevocable commitment of	76991
additional funding from nonpublic sources.	76992

(3) The facility is intended to serve both secondary and	76993
postsecondary instructional purposes.	76994

(B) The Commission shall enter into an agreement with the	76995
District for the construction of the facility authorized under	76996
this section that is separate from and in addition to the	76997
agreement required for the District's participation in the	76998
Classroom Facilities Assistance Program under section 3318.08 of	76999
the Revised Code. Notwithstanding that section and sections	77000
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	77001
agreement shall provide, but not be limited to, the following:	77002

(1) The Commission shall not have any oversight	77003
responsibilities over the construction of the facility.	77004

(2) The facility need not comply with the specifications for	77005
plans and materials for high schools adopted by the Commission.	77006

(3) The Commission may decrease the basic project cost that	77007
would otherwise be calculated for a high school under Chapter	77008
3318. of the Revised Code.	77009

(4) The state shall not share in any increases in the basic	77010
project cost for the facility above the amount authorized under	77011
this section.	77012

All other provisions of Chapter 3318. of the Revised Code	77013
apply to the approval and construction of a facility authorized	77014
under this section.	77015

The state funds committed to the facility authorized by this	77016
section shall be part of the total amount the state commits to the	77017
Canton City School District under Chapter 3318. of the Revised	77018
Code. All additional state funds committed to the Canton City	77019
School District for classroom facilities assistance shall be	77020
subject to all provisions of Chapter 3318. of the Revised Code.	77021

Section 391.50. CAREER-TECHNICAL LOAN PROGRAM

77022

Within thirty days after the effective date of this section,	77023
or as soon as possible thereafter, the Executive Director of the	77024
Ohio School Facilities Commission shall certify the cash balance	77025
in the Career-Technical School Building Assistance Fund (Fund 020)	77026
to the Director of Budget and Management, who shall transfer that	77027
amount to the Public School Building Fund (Fund 021) and abolish	77028
the Career-Technical School Building Assistance Fund (Fund 020).	77029

All repayments of current loans approved under section	77030
3318.48 of the Revised Code, which is repealed by this act, shall	77031
be deposited to the credit of the Public School Building Fund	77032
(Fund 021). Should a district fail to submit the annual	77033
installment of the loan repayment within sixty days after the due	77034
date, the Department of Education, upon the request of the	77035
Executive Director of the Ohio School Facilities Commission, shall	77036
deduct the amount of the installment from payments due to a	77037
district under Chapter 3317. of the Revised Code or from any other	77038
funds appropriated to the district by the General Assembly, and	77039
shall transfer that amount to the Commission to the credit of the	77040
Public School Building Fund (Fund 021).	77041

Section 393.10. SOS SECRETARY OF STATE

77042

General Revenue Fund

77043

GRF	050-321	Operating Expenses	$	2,585,000	$	2,585,000	77044
GRF	050-403	Election Statistics	$	103,936	$	103,936	77045
GRF	050-407	Pollworkers Training	$	277,997	$	277,997	77046
GRF	050-409	Litigation Expenditures	$	4,652	$	4,652	77047
TOTAL GRF General Revenue Fund			$	2,971,585	$	2,971,585	77048

General Services Fund Group

77049

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	77050
412	050-609	Notary Commission	$	685,249	$	685,249	77051
413	050-601	Information Systems	$	119,955	$	119,955	77052
414	050-602	Citizen Education Fund	$	55,712	$	55,712	77053
TOTAL General Services Fund Group			$	868,116	$	868,116	77054

Federal Special Revenue Fund Group

77055

3AH	050-614	Election Reform/Health and Human Services	$	1,000,000	$	1,000,000	77056
3AS	050-616	2005 HAVA Voting Machines	$	4,750,000	$	2,750,000	77057
3X4	050-612	Ohio Center/Law Related Educational Grant	$	41,000	$	41,000	77058
TOTAL FED Federal Special Revenue							77059
Fund Group			$	5,791,000	$	3,791,000	77060

State Special Revenue Fund Group

77061

5N9	050-607	Technology Improvements	$	129,565	$	129,565	77062
599	050-603	Business Services Operating Expenses	$	13,761,734	$	13,761,734	77063
TOTAL SSR State Special Revenue							77064
Fund Group			$	13,891,299	$	13,891,299	77065

Holding Account Redistribution Fund Group

77066

R01	050-605	Uniform Commercial Code Refunds	$	30,000	$	30,000	77067
R02	050-606	Corporate/Business Filing Refunds	$	85,000	$	85,000	77068
TOTAL 090 Holding Account							77069
Redistribution Fund Group			$	115,000	$	115,000	77070
TOTAL ALL BUDGET FUND GROUPS			$	23,637,000	$	21,637,000	77071

BOARD OF VOTING MACHINE EXAMINERS

77072

The foregoing appropriation item 050-610, Board of Voting	77073
Machine Examiners, shall be used to pay for the services and	77074
expenses of the members of the Board of Voting Machine Examiners,	77075
and for other expenses that are authorized to be paid from the	77076
Board of Voting Machine Examiners Fund, which is created in	77077
section 3506.05 of the Revised Code. Moneys not used shall be	77078
returned to the person or entity submitting the equipment for	77079
examination. If it is determined that additional appropriations	77080
are necessary, such amounts are appropriated.	77081

2005 HAVA VOTING MACHINES

77082

Of the foregoing appropriation item 050-616, 2005 HAVA Voting	77083
Machines, in fiscal year 2008 $15,000 shall be distributed to the	77084
Vinton County Board of Elections and $15,000 shall be distributed	77085
to the Morgan County Board of Elections to be used for emergency	77086
assistance for elections.	77087

On July 1, 2008, or as soon as possible thereafter, the	77088
Director of Budget and Management shall transfer any remaining	77089
unexpended, unencumbered appropriations in Fund 3AS, appropriation	77090
item 050-616, 2005 HAVA Voting Machines, for use in fiscal year	77091
2009. The transferred amount is hereby appropriated.	77092

On July 1, 2008, or as soon as possible thereafter, the	77093
Director of Budget and Management shall transfer any remaining	77094
unexpended, unencumbered appropriations in Fund 3AH, appropriation	77095
item 050-614, Election Reform/Health and Human Services Fund, for	77096
use in fiscal year 2009. The transferred amount is hereby	77097
appropriated.	77098

Ongoing interest earnings from the federal Election	77099
Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA	77100
Voting Machines Fund (Fund 3AS) shall be credited to the	77101
respective funds and distributed in accordance with the terms of	77102
the grant under which the money is received.	77103

HOLDING ACCOUNT REDISTRIBUTION GROUP

77104

The foregoing appropriation items 050-605 and 050-606,	77105
Holding Account Redistribution Fund Group, shall be used to hold	77106
revenues until they are directed to the appropriate accounts or	77107
until they are refunded. If it is determined that additional	77108
appropriations are necessary, such amounts are appropriated.	77109

Section 395.10. SEN THE OHIO SENATE

77110

General Revenue Fund

77111

GRF	020-321		Operating Expenses		$	11,778,439		$	11,778,439		77112
TOTAL GRF General Revenue Fund					$	11,778,439		$	11,778,439		77113

General Services Fund Group

77114

102	020-602	Senate Reimbursement	$	448,465	$	448,465	77115
409	020-601	Miscellaneous Sales	$	34,497	$	34,497	77116
TOTAL GSF General Services							77117
Fund Group			$	482,962	$	482,962	77118
TOTAL ALL BUDGET FUND GROUPS			$	12,261,401	$	12,261,401	77119

OPERATING EXPENSES

77120

On July 1, 2007, or as soon as possible thereafter, the Clerk	77121
of the Senate shall certify to the Director of Budget and	77122
Management the total fiscal year 2007 unencumbered appropriations	77123
in appropriation item 020-321, Operating Expenses. The Clerk may	77124
direct the Director of Budget and Management to transfer an amount	77125
not to exceed the total fiscal year 2007 unencumbered	77126
appropriations to fiscal year 2008 for use within appropriation	77127
item 020-321, Operating Expenses. Additional appropriation	77128
authority equal to the amount certified by the Clerk is hereby	77129
appropriated to appropriation item 020-321, Operating Expenses, in	77130
fiscal year 2008.	77131

On July 1, 2008, or as soon as possible thereafter, the Clerk	77132
of the Senate shall certify to the Director of Budget and	77133
Management the total fiscal year 2008 unencumbered appropriations	77134
in appropriation item 020-321, Operating Expenses. The Clerk may	77135
direct the Director of Budget and Management to transfer an amount	77136
not to exceed the total fiscal year 2008 unencumbered	77137
appropriations to fiscal year 2009 for use within appropriation	77138
item 020-321, Operating Expenses. Additional appropriation	77139
authority equal to the amount certified by the Clerk is hereby	77140
appropriated to appropriation item 020-321, Operating Expenses, in	77141
fiscal year 2009.	77142

Section 397.10. CSF COMMISSIONERS OF THE SINKING FUND

77143

Debt Service Fund Group

77144

070	155-905	Third Frontier Research & Development Bond Retirement Fund	$	14,349,500	$	25,023,400	77145
072	155-902	Highway Capital Improvement Bond Retirement Fund	$	202,694,900	$	205,139,500	77146
073	155-903	Natural Resources Bond Retirement Fund	$	24,713,800	$	25,723,000	77147
074	155-904	Conservation Projects Bond Service Fund	$	14,847,200	$	19,779,200	77148
076	155-906	Coal Research and Development Bond Retirement Fund	$	7,232,400	$	8,192,500	77149
077	155-907	State Capital Improvement Bond Retirement Fund	$	178,713,600	$	189,296,300	77150
078	155-908	Common Schools Bond Retirement Fund	$	292,268,400	$	342,148,300	77151
079	155-909	Higher Education Bond Retirement Fund	$	175,972,400	$	210,372,200	77152
090	155-912	Job Ready Site Development Bond Retirement Fund	$	4,359,400	$	8,232,500	77153
TOTAL DSF Debt Service Fund Group			$	915,151,600	$	1,033,906,900	77154
TOTAL ALL BUDGET FUND GROUPS			$	915,151,600	$	1,033,906,900	77155

ADDITIONAL APPROPRIATIONS

77156

Appropriation items in this section are for the purpose of	77157
paying debt service and financing costs on bonds or notes of the	77158
state issued under the Ohio Constitution and acts of the General	77159
Assembly. If it is determined that additional appropriations are	77160
necessary for this purpose, such amounts are hereby appropriated.	77161

Section 399.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	77162
DEVELOPMENT FOUNDATION	77163

General Revenue Fund

77164

GRF	945-321	Operating Expenses	$	$	475,220	77165
GRF	945-501	Southern Ohio Agricultural and Community Development Foundation	$	$	7,513,251	77166
TOTAL GRF General Revenue Fund			$	$	7,988,471	77167
TOTAL ALL BUDGET FUND GROUPS			$	$	7,988,471	77168

SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT	77169
FOUNDATION	77170

The foregoing appropriation item 945-321, Operating Expenses,	77171
shall be used for the operating expenses of the Southern Ohio	77172
Agricultural and Community Development Foundation in administering	77173
programs under section 183.15 of the Revised Code.	77174

The foregoing appropriation item 945-501, Southern Ohio	77175
Agricultural and Community Development Foundation, shall be used	77176
by the Southern Ohio Agricultural and Community Development	77177
Foundation for programs administered under section 183.15 of the	77178
Revised Code.	77179

Section 401.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	77180
AUDIOLOGY	77181

General Services Fund Group

77182

4K9	886-609	Operating Expenses	$	430,600	$	453,000	77183
TOTAL GSF General Services							77184
Fund Group			$	430,600	$	453,000	77185
TOTAL ALL BUDGET FUND GROUPS			$	430,600	$	453,000	77186

Section 403.10. BTA BOARD OF TAX APPEALS

77188

General Revenue Fund

77189

GRF	116-321	Operating Expenses	$	2,247,476	$	2,281,188	77190
TOTAL GRF General Revenue Fund			$	2,247,476	$	2,281,188	77191
TOTAL ALL BUDGET FUND GROUPS			$	2,247,476	$	2,281,188	77192

Section 405.10. TAX DEPARTMENT OF TAXATION

77194

General Revenue Fund

77195

GRF	110-321	Operating Expenses	$	92,040,062	$	92,440,062	77196
GRF	110-404	Tobacco Settlement Enforcement	$	0	$	328,034	77197
GRF	110-412	Child Support Administration	$	71,680	$	71,680	77198
GRF	110-901	Property Tax Allocation - Taxation	$	446,953,165	$	478,613,618	77199
GRF	110-906	Tangible Tax Exemption - Taxation	$	9,177,962	$	4,588,981	77200
TOTAL GRF General Revenue Fund			$	548,242,869	$	576,042,375	77201

General Services Fund Group

77202

433	110-602	Tape File Account	$	125,000	$	140,000	77203
5BQ	110-629	Commercial Activity Tax Administration	$	6,000,000	$	6,000,000	77204
5W4	110-625	Centralized Tax Filing and Payment	$	400,000	$	200,000	77205
5W7	110-627	Exempt Facility Administration	$	100,000	$	150,000	77206
5CZ	110-631	Vendor's License Application	$	1,000,000	$	1,000,000	77207
TOTAL GSF General Services							77208
Fund Group			$	7,625,000	$	7,490,000	77209

State Special Revenue Fund Group

77210

4C6	110-616	International Registration Plan	$	706,855	$	706,855	77211
4R6	110-610	Tire Tax Administration	$	125,000	$	150,000	77212
435	110-607	Local Tax Administration	$	17,250,000	$	17,250,000	77213
436	110-608	Motor Vehicle Audit	$	1,200,000	$	1,200,000	77214
437	110-606	Litter Tax and Natural Resource Tax Administration	$	675,000	$	800,000	77215
438	110-609	School District Income Tax	$	3,600,000	$	3,600,000	77216
5N5	110-605	Municipal Income Tax Administration	$	500,000	$	500,000	77217
5N6	110-618	Kilowatt Hour Tax Administration	$	125,000	$	175,000	77218
5V7	110-622	Motor Fuel Tax Administration	$	4,700,000	$	5,000,000	77219
5V8	110-623	Property Tax Administration	$	13,500,000	$	13,500,000	77220
639	110-614	Cigarette Tax Enforcement	$	100,000	$	100,000	77221
642	110-613	Ohio Political Party Distributions	$	600,000	$	600,000	77222
688	110-615	Local Excise Tax Administration	$	210,000	$	180,000	77223
TOTAL SSR State Special Revenue							77224
Fund Group			$	43,291,855	$	43,761,855	77225

Agency Fund Group

77226

095	110-995	Municipal Income Tax	$	21,000,000	$	21,000,000	77227
425	110-635	Tax Refunds	$	1,565,900,000	$	1,546,800,000	77228
TOTAL AGY Agency Fund Group			$	1,586,900,000	$	1,567,800,000	77229

Holding Account Redistribution Fund Group

77230

R10	110-611	Tax Distributions	$	50,000	$	50,000	77231
R11	110-612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	77232
TOTAL 090 Holding Account							77233
Redistribution Fund Group			$	100,000	$	100,000	77234
TOTAL ALL BUDGET FUND GROUPS			$	2,186,159,724	$	2,195,194,230	77235

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	77236
EXEMPTION	77237

The foregoing appropriation item 110-901, Property Tax	77238
Allocation - Taxation, is hereby appropriated to pay for the	77239
state's costs incurred because of the Homestead Exemption, the	77240
Manufactured Home Property Tax Rollback, and the Property Tax	77241
Rollback. The Tax Commissioner shall distribute these funds	77242
directly to the appropriate local taxing districts, except for	77243
school districts, notwithstanding the provisions in sections	77244
321.24 and 323.156 of the Revised Code, which provide for payment	77245
of the Homestead Exemption, the Manufactured Home Property Tax	77246
Rollback, and Property Tax Rollback by the Tax Commissioner to the	77247
appropriate county treasurer and the subsequent redistribution of	77248
these funds to the appropriate local taxing districts by the	77249
county auditor.	77250

The foregoing appropriation item 110-906, Tangible Tax	77251
Exemption - Taxation, is hereby appropriated to pay for the	77252
state's costs incurred because of the tangible personal property	77253
tax exemption required by division (C)(3) of section 5709.01 of	77254
the Revised Code. The Tax Commissioner shall distribute to each	77255
county treasurer the total amount appearing in the notification	77256
from the county treasurer under division (G) of section 321.24 of	77257
the Revised Code for all local taxing districts located in the	77258
county except for school districts, notwithstanding the provision	77259
in section 321.24 of the Revised Code which provides for payment	77260
of the $10,000 tangible personal property tax exemption by the Tax	77261
Commissioner to the appropriate county treasurer for all local	77262
taxing districts located in the county including school districts.	77263
The county auditor shall distribute the amount paid by the Tax	77264
Commissioner among the appropriate local taxing districts except	77265
for school districts under division (G) of section 321.24 of the	77266
Revised Code.	77267

Upon receipt of these amounts, each local taxing district	77268
shall distribute the amount among the proper funds as if it had	77269
been paid as real or tangible personal property taxes. Payments	77270
for the costs of administration shall continue to be paid to the	77271
county treasurer and county auditor as provided for in sections	77272
319.54, 321.26, and 323.156 of the Revised Code.	77273

Any sums, in addition to the amounts specifically	77274
appropriated in appropriation items 110-901, Property Tax	77275
Allocation - Taxation, for the Homestead Exemption, the	77276
Manufactured Home Property Tax Rollback, and the Property Tax	77277
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	77278
for the $10,000 tangible personal property tax exemption payments,	77279
which are determined to be necessary for these purposes, are	77280
hereby appropriated.	77281

MUNICIPAL INCOME TAX

77282

The foregoing appropriation item 110-995, Municipal Income	77283
Tax, shall be used to make payments to municipal corporations	77284
under section 5745.05 of the Revised Code. If it is determined	77285
that additional appropriations are necessary to make these	77286
payments, such amounts are hereby appropriated.	77287

TAX REFUNDS

77288

The foregoing appropriation item 110-635, Tax Refunds, shall	77289
be used to pay refunds under section 5703.052 of the Revised Code.	77290
If it is determined that additional appropriations are necessary	77291
for this purpose, such amounts are hereby appropriated.	77292

INTERNATIONAL REGISTRATION PLAN AUDIT

77293

The foregoing appropriation item 110-616, International	77294
Registration Plan, shall be used under section 5703.12 of the	77295
Revised Code for audits of persons with vehicles registered under	77296
the International Registration Plan.	77297

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

77298

Of the foregoing appropriation item 110-607, Local Tax	77299
Administration, the Tax Commissioner may disburse funds, if	77300
available, for the purposes of paying travel expenses incurred by	77301
members of Ohio's delegation to the Streamlined Sales Tax Project,	77302
as appointed under section 5740.02 of the Revised Code. Any travel	77303
expense reimbursement paid for by the Department of Taxation shall	77304
be done in accordance with applicable state laws and guidelines.	77305

LITTER CONTROL TAX ADMINISTRATION FUND

77306

Notwithstanding section 5733.12 of the Revised Code, during	77307
the period from July 1, 2007, to June 30, 2008, the amount of	77308
$675,000, and during the period from July 1, 2008, to June 30,	77309
2009, the amount of $800,000, received by the Tax Commissioner	77310
under Chapter 5733. of the Revised Code, shall be credited to the	77311
Litter Control Tax Administration Fund (Fund 437).	77312

CENTRALIZED TAX FILING AND PAYMENT FUND

77313

The Director of Budget and Management, under a plan submitted	77314
by the Tax Commissioner, or as otherwise determined by the	77315
Director of Budget and Management, shall set a schedule to	77316
transfer cash from the General Revenue Fund to the credit of the	77317
Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers	77318
of cash shall not exceed $600,000 in the biennium.	77319

COMMERCIAL ACTIVITY TAX ADMINISTRATION FUND

77320

The foregoing appropriation item 110-629, Commercial Activity	77321
Tax Administration Fund (Fund 5BQ), shall be used to pay expenses	77322
incurred by the Department of Taxation to implement and administer	77323
the Commercial Activity Tax under Chapter 5751. of the Revised	77324
Code.	77325

Notwithstanding section 3734.9010, division (B)(2)(c) of	77326
section 4505.09, division (B) of section 5703.12, section 5703.80,	77327
division (C)(6) of section 5727.81, sections 5733.122 and	77328
5735.053, division (C) of section 5739.21, section 5745.03,	77329
section 5743.024, section 5743.15, division (C) of section	77330
5747.03, and section 5747.113 of the Revised Code or any other	77331
provisions to the contrary, any residual cash balances determined	77332
and certified by the Tax Commissioner to the Director of Budget	77333
and Management shall be transferred on July 1, 2007, or as soon as	77334
possible thereafter, to the Commercial Activities Tax	77335
Administration Fund (Fund 5BQ).	77336

TOBACCO SETTLEMENT ENFORCEMENT

77337

The foregoing appropriation item 110-404, Tobacco Settlement	77338
Enforcement, shall be used by the Tax Commissioner to pay costs	77339
incurred in the enforcement of divisions (F) and (G) of section	77340
5743.03 of the Revised Code.	77341

Section 407.10. DOT DEPARTMENT OF TRANSPORTATION

77342

Transportation Modes

77343

General Revenue Fund

77344

GRF	775-451	Public Transportation - State	$	16,700,000	$	17,000,000	77345
GRF	776-465	Ohio Rail Development Commission	$	3,700,000	$	3,700,000	77346
GRF	776-466	Railroad Crossing/Grade Separation	$	789,600	$	789,600	77347
GRF	777-471	Airport Improvements - State	$	3,293,985	$	1,794,003	77348
TOTAL GRF General Revenue Fund			$	24,483,585	$	23,283,603	77349
TOTAL ALL BUDGET FUND GROUPS			$	24,483,585	$	23,283,603	77350

PUBLIC TRANSPORTATION - STATE

77351

Of the foregoing GRF appropriation item 775-451, Public	77352
Transportation - State, $200,000 in fiscal year 2008 shall be used	77353
for the Cleveland Metropolitan Park District West Creek Project.	77354

TRANSPORTATION STUDY

77355

Of the foregoing appropriation item 775-451, Public	77356
Transportation-State, $50,000 in fiscal year 2008 shall be used	77357
for a Franklin County school transportation study to determine the	77358
feasibility of a countywide pupil transportation system.	77359

AIRPORT IMPROVEMENTS

77360

Of the foregoing appropriation item 777-471, Airport	77361
Improvements - State, $1,500,000 in fiscal year 2008 shall be used	77362
for air travel and support and economic development of statewide	77363
airports. The Directors of Development and Transportation may	77364
enter into one or more interagency agreements between their two	77365
departments as necessary to implement a statewide strategy to	77366
enhance Ohio's airports as centers of regional economic	77367
development.	77368

Section 409.10. TOS TREASURER OF STATE

77369

General Revenue Fund

77370

GRF	090-321	Operating Expenses	$	9,313,195	$	9,313,195	77371
GRF	090-401	Office of the Sinking	$	537,223	$	537,223	77372
		Fund					77373
GRF	090-402	Continuing Education	$	448,843	$	448,843	77374
GRF	090-524	Police and Fire	$	14,000	$	12,000	77375
		Disability Pension Fund					77376
GRF	090-534	Police & Fire Ad Hoc Cost	$	140,000	$	130,000	77377
		of Living					77378
GRF	090-554	Police and Fire Survivor	$	910,000	$	865,000	77379
		Benefits					77380
GRF	090-575	Police and Fire Death	$	20,000,000	$	20,000,000	77381
		Benefits					77382
TOTAL GRF General Revenue Fund			$	31,363,261	$	31,306,261	77383

General Services Fund Group

77384

4E9	090-603	Securities Lending Income	$	3,164,000	$	3,314,000	77385
577	090-605	Investment Pool	$	550,000	$	550,000	77386
		Reimbursement					77387
605	090-609	Treasurer of State	$	350,000	$	350,000	77388
		Administrative Fund					77389
TOTAL GSF General Services							77390
Fund Group			$	4,064,000	$	4,214,000	77391

State Special Revenue Fund Group

77392

5C5	090-602	County Treasurer Education	$	135,000	$	135,000	77393
TOTAL SSR State Special Revenue							77394
Fund Group			$	135,000	$	135,000	77395

Agency Fund Group

77396

425	090-635	Tax Refunds	$	31,000,000	$	31,000,000	77397
TOTAL Agency Fund Group			$	31,000,000	$	31,000,000	77398
TOTAL ALL BUDGET FUND GROUPS			$	66,562,261	$	66,655,261	77399

Section 409.10.10. OFFICE OF THE SINKING FUND

77401

The foregoing appropriation item 090-401, Office of the	77402
Sinking Fund, shall be used for financing and other costs incurred	77403
by or on behalf of the Commissioners of the Sinking Fund, the Ohio	77404
Public Facilities Commission or its secretary, or the Treasurer of	77405
State, with respect to State of Ohio general obligation bonds or	77406
notes, including, but not limited to, printing, advertising,	77407
delivery, rating fees and the procurement of ratings, professional	77408
publications, membership in professional organizations, and	77409
services referred to in division (D) of section 151.01 of the	77410
Revised Code. The General Revenue Fund shall be reimbursed for	77411
such costs by intrastate transfer voucher pursuant to a	77412
certification by the Office of the Sinking Fund of the actual	77413
amounts used. The amounts necessary to make such reimbursements	77414
are appropriated from the general obligation bond retirement funds	77415
created by the Constitution and laws to the extent such costs are	77416
incurred.	77417

POLICE AND FIRE DEATH BENEFIT FUND

77418

The foregoing appropriation item 090-575, Police and Fire	77419
Death Benefits, shall be disbursed quarterly by the Treasurer of	77420
State at the beginning of each quarter of each fiscal year to the	77421
Board of Trustees of the Ohio Police and Fire Pension Fund. The	77422
Treasurer of State shall certify such amounts quarterly to the	77423
Director of Budget and Management. By the twentieth day of June of	77424
each fiscal year, the Board of Trustees of the Ohio Police and	77425
Fire Pension Fund shall certify to the Treasurer of State the	77426
amount disbursed in the current fiscal year to make the payments	77427
required by section 742.63 of the Revised Code and shall return to	77428
the Treasurer of State moneys received from this appropriation	77429
item but not disbursed.	77430

TAX REFUNDS

77431

The foregoing appropriation item 090-635, Tax Refunds, shall	77432
be used to pay refunds under section 5703.052 of the Revised Code.	77433
If the Director of Budget and Management determines that	77434
additional amounts are necessary for this purpose, such amounts	77435
are hereby appropriated.	77436

Section 411.10. TTA OHIO TUITION TRUST AUTHORITY

77437

State Special Revenue Fund Group

77438

5AM	095-603	Index Savings Plan	$	2,376,852	$	2,425,777	77439
5DC	095-604	Banking Products	$	1,631,283	$	1,648,123	77440
5P3	095-602	Variable College Savings Fund	$	2,031,354	$	2,063,596	77441
645	095-601	Operating Expenses	$	872,086	$	881,169	77442
TOTAL SSR State Special Revenue							77443
Fund Group			$	6,911,575	$	7,018,665	77444
TOTAL ALL BUDGET FUND GROUPS			$	6,911,575	$	7,018,665	77445

Section 413.10. OVH OHIO VETERANS' HOME

77447

General Revenue Fund

77448

GRF	430-100	Personal Services	$	23,085,261	$	24,403,903	77449
GRF	430-200	Maintenance	$	7,835,544	$	8,458,613	77450
GRF	430-402	Hall of Fame	$	125,000	$	125,000	77451
TOTAL GRF General Revenue Fund			$	31,045,805	$	32,987,516	77452

General Services Fund Group

77453

484	430-603		Veterans Home Services		$	375,880		$	375,880		77454
TOTAL GSF General Services Fund Group					$	375,880		$	375,880		77455

Federal Special Revenue Fund Group

77456

3BX	430-609	Medicare Services	$	1,446,807		1,446,807	77457
3L2	430-601	Veterans Home Operations - Federal	$	15,290,320	$	15,410,471	77458
TOTAL FED Federal Special Revenue							77459
Fund Group			$	16,737,127	$	16,857,278	77460

State Special Revenue Fund Group

77461

4E2	430-602	Veterans Home Operating	$	8,530,800	$	8,530,800	77462
604	430-604	Veterans Home Improvement	$	770,096	$	770,096	77463
TOTAL SSR State Special Revenue							77464
Fund Group			$	9,300,896	$	9,300,896	77465
TOTAL ALL BUDGET FUND GROUPS			$	57,459,708	$	59,521,570	77466

CORNERSTONE OF HOPE

77467

Of the foregoing appropriation item 430-100, Personal	77468
Services, $100,000 in each fiscal year shall be distributed to	77469
Cornerstone of Hope to be used to provide professional counseling	77470
services for individuals who have recently lost family members who	77471
were service men and service women in the United States Armed	77472
Forces.	77473

Section 415.10. VET VETERANS' ORGANIZATIONS

77474

General Revenue Fund

77475

VAP AMERICAN EX-PRISONERS OF WAR

77476

GRF

743-501

State Support

27,533

77477

VAN ARMY AND NAVY UNION, USA, INC.

77478

GRF

746-501

State Support

60,513

77479

VKW KOREAN WAR VETERANS

77480

GRF

747-501

State Support

54,398

77481

VJW JEWISH WAR VETERANS

77482

GRF

748-501

State Support

32,687

77483

VCW CATHOLIC WAR VETERANS

77484

GRF

749-501

State Support

63,789

77485

VPH MILITARY ORDER OF THE PURPLE HEART

77486

GRF

750-501

State Support

62,015

77487

VVV VIETNAM VETERANS OF AMERICA

77488

GRF

751-501

State Support

204,549

77489

VAL AMERICAN LEGION OF OHIO

77490

GRF

752-501

State Support

332,561

77491

VII AMVETS

77492

GRF

753-501

State Support

316,711

77493

VAV DISABLED AMERICAN VETERANS

77494

GRF

754-501

State Support

237,939

77495

VMC MARINE CORPS LEAGUE

77496

GRF

756-501

State Support

127,569

77497

V37 37TH DIVISION AEF VETERANS' ASSOCIATION

77498

GRF

757-501

State Support

6,541

77499

VFW VETERANS OF FOREIGN WARS

77500

GRF

758-501

State Support

271,277

77501

TOTAL GRF General Revenue Fund					$	1,798,082		$	1,798,082		77502
TOTAL ALL BUDGET FUND GROUPS					$	1,798,082		$	1,798,082		77503

RELEASE OF FUNDS

77504

The foregoing appropriation items 743-501, 746-501, 747-501,	77505
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	77506
756-501, 757-501, and 758-501, State Support, shall be released	77507
upon approval by the Director of Budget and Management.	77508

CENTRAL OHIO UNITED SERVICES ORGANIZATION

77509

Of the foregoing appropriation item 751-501, State Support,	77510
Vietnam Veterans of America, $50,000 in each fiscal year shall be	77511
used to support the activities of the Central Ohio USO.	77512

VAL AMERICAN LEGION OF OHIO

77513

Of the foregoing appropriation item 752-501, State Support,	77514
VAL American Legion, at least $50,000 in each fiscal year shall be	77515
used to fund service officer expenses.	77516

VETERANS SERVICE COMMISSION EDUCATION

77517

Of the foregoing appropriation item 753-501, State Support,	77518
AMVETS, up to $20,000 in each fiscal year may be used to provide	77519
moneys to the Association of County Veterans Service Commissioners	77520
to reimburse its member county veterans service commissions for	77521
costs incurred in carrying out educational and outreach duties	77522
required under divisions (E) and (F) of section 5901.03 of the	77523
Revised Code. The Director of Budget and Management shall release	77524
these funds upon the presentation of an itemized receipt, approved	77525
by the Governor's Office of Veterans Affairs, from the association	77526
for reasonable and appropriate expenses incurred while performing	77527
these duties. The association shall establish uniform procedures	77528
for reimbursing member commissions.	77529

VII AMVETS

77530

Of the foregoing appropriation item 753-501, State Support,	77531
AMVETS, at least $50,000 shall be used in each fiscal year to fund	77532
service officer expenses.	77533

VAV DISABLED AMERICAN VETERANS

77534

Of the foregoing appropriation item 754-501, State Support,	77535
VAV Disabled American Veterans, at least $50,000 in each fiscal	77536
year shall be used to fund service officer expenses.	77537

VMC MARINE CORPS LEAGUE

77538

Of the foregoing appropriation item 756-501, State Support,	77539
VMC Marine Corps League, at least $30,000 in each fiscal year	77540
shall be used to fund service officer expenses.	77541

VFW VETERANS OF FOREIGN WARS

77542

Of the foregoing appropriation item 758-501, State Support,	77543
VFW Veterans of Foreign Wars, at least $50,000 in each fiscal year	77544
shall be used to fund service officer expenses.	77545

Section 417.10. DVM STATE VETERINARY MEDICAL BOARD

77546

General Services Fund Group

77547

4K9	888-609	Operating Expenses	$	322,740	$	327,312	77548
5BU	888-602	Veterinary Student Loan Program	$	60,000	$	0	77549
TOTAL GSF General Services							77550
Fund Group			$	382,740	$	327,312	77551
TOTAL ALL BUDGET FUND GROUPS			$	382,740	$	327,312	77552

Section 419.10. DYS DEPARTMENT OF YOUTH SERVICES

77554

General Revenue Fund

77555

GRF	470-401	RECLAIM Ohio	$	186,338,297	$	190,599,131	77556
GRF	470-412	Lease Rental Payments	$	24,207,700	$	24,208,700	77557
GRF	470-510	Youth Services	$	18,558,587	$	18,558,587	77558
GRF	472-321	Parole Operations	$	15,356,904	$	15,764,729	77559
GRF	477-321	Administrative Operations	$	14,754,420	$	14,754,419	77560
TOTAL GRF General Revenue Fund			$	259,215,908	$	263,885,566	77561

General Services Fund Group

77562

175	470-613	Education Reimbursement	$	9,985,035	$	10,550,725	77563
4A2	470-602	Child Support	$	328,657	$	328,657	77564
4G6	470-605	General Operational Funds	$	49,713	$	50,955	77565
4G6	470-631	SCALE Program	$	100,000	$	100,000	77566
479	470-609	Employee Food Service	$	137,666	$	137,666	77567
5BN	470-629	E-Rate Program	$	200,000	$	200,000	77568
TOTAL GSF General Services							77569
Fund Group			$	10,801,071	$	11,368,003	77570

Federal Special Revenue Fund Group

77571

3BH	470-630	Federal Juvenile Programs FFY 06	$	100,000	$	50,000	77572
3BT	470-634	Federal Juvenile Programs	$	300,000	$	50,000	77573
3BY	470-635	Federal Juvenile Programs FFY 07	$	903,350	$	350,000	77574
3BZ	470-636	Federal Juvenile Programs FFY 08	$	0	$	653,350	77575
3V5	470-604	Juvenile Justice/Delinquency Prevention	$	2,750,000	$	2,750,000	77576
3Z9	470-626	Federal Juvenile Programs FFY 05	$	142,253	$	0	77577
321	470-601	Education	$	5,202,160	$	5,473,109	77578
321	470-603	Juvenile Justice Prevention	$	51,000	$	30,000	77579
321	470-606	Nutrition	$	2,908,369	$	2,981,078	77580
321	470-610	Rehabilitation Programs	$	36,000	$	36,000	77581
321	470-614	Title IV-E Reimbursements	$	6,162,670	$	6,316,737	77582
321	470-617	Americorps Programs	$	463,700	$	463,700	77583
321	470-633	Project Re-entry	$	1,017,843	$	1,017,843	77584
TOTAL FED Federal Special Revenue							77585
Fund Group			$	20,037,345	$	20,171,817	77586

State Special Revenue Fund Group

77587

147	470-612	Vocational Education	$	2,074,710	$	2,141,823	77588
5BH	470-628	Partnerships for Success	$	1,500,000	$	1,500,000	77589
TOTAL SSR State Special Revenue							77590
Fund Group			$	3,574,710	$	3,641,823	77591
TOTAL ALL BUDGET FUND GROUPS			$	293,629,034	$	299,067,209	77592

RECLAIM OHIO

77593

Of the foregoing appropriation item 470-401, RECLAIM Ohio,	77594
$25,000 in each fiscal year shall be distributed directly to the	77595
Lighthouse Youth Services Wrap-Around Program.	77596

OHIO BUILDING AUTHORITY LEASE PAYMENTS

77597

The foregoing appropriation item 470-412, Lease Rental	77598
Payments, in the Department of Youth Services, shall be used to	77599
meet all payments to the Ohio Building Authority for the period	77600
from July 1, 2007, to June 30, 2009, under the leases and	77601
agreements for facilities made under Chapter 152. of the Revised	77602
Code. This appropriation is the source of funds pledged for bond	77603
service charges on related obligations issued pursuant to Chapter	77604
152. of the Revised Code.	77605

EDUCATION REIMBURSEMENT

77606

The foregoing appropriation item 470-613, Education	77607
Reimbursement, shall be used to fund the operating expenses of	77608
providing educational services to youth supervised by the	77609
Department of Youth Services. Operating expenses include, but are	77610
not limited to, teachers' salaries, maintenance costs, and	77611
educational equipment. This appropriation item may be used for	77612
capital expenses related to the education program.	77613

EMPLOYEE FOOD SERVICE AND EQUIPMENT

77614

Notwithstanding section 125.14 of the Revised Code, the	77615
foregoing appropriation item 470-609, Employee Food Service, may	77616
be used to purchase any food operational items with funds received	77617
into the fund from reimbursement for state surplus property.	77618

Section 503.03. PERSONAL SERVICE EXPENSES

77619

Unless otherwise prohibited by law, any appropriation from	77620
which personal service expenses are paid shall bear the employer's	77621
share of public employees' retirement, workers' compensation,	77622
disabled workers' relief, and all group insurance programs; the	77623
costs of centralized accounting, centralized payroll processing,	77624
and related personnel reports and services; the cost of the Office	77625
of Collective Bargaining; the cost of the Employee Assistance	77626
Program; the cost of the affirmative action and equal employment	77627
opportunity programs administered by the Department of	77628
Administrative Services; the costs of interagency information	77629
management infrastructure; and the cost of administering the state	77630
employee merit system as required by section 124.07 of the Revised	77631
Code. These costs shall be determined in conformity with the	77632
appropriate sections of law and paid in accordance with procedures	77633
specified by the Office of Budget and Management. Expenditures	77634
from appropriation item 070-601, Public Audit Expense - Local	77635
Government, in Fund 422 may be exempted from the requirements of	77636
this section.	77637

Section 503.06. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	77638
AGAINST THE STATE	77639

Except as otherwise provided in this section, an	77640
appropriation in this act or any other act may be used for the	77641
purpose of satisfying judgments, settlements, or administrative	77642
awards ordered or approved by the Court of Claims or by any other	77643
court of competent jurisdiction in connection with civil actions	77644
against the state. This authorization does not apply to	77645
appropriations to be applied to or used for payment of guarantees	77646
by or on behalf of the state, or for payments under lease	77647
agreements relating to, or debt service on, bonds, notes, or other	77648
obligations of the state. Notwithstanding any other statute to the	77649
contrary, this authorization includes appropriations from funds	77650
into which proceeds of direct obligations of the state are	77651
deposited only to the extent that the judgment, settlement, or	77652
administrative award is for, or represents, capital costs for	77653
which the appropriation may otherwise be used and is consistent	77654
with the purpose for which any related obligations were issued or	77655
entered into. Nothing contained in this section is intended to	77656
subject the state to suit in any forum in which it is not	77657
otherwise subject to suit, and is not intended to waive or	77658
compromise any defense or right available to the state in any suit	77659
against it.	77660

Section 503.09. CAPITAL PROJECT SETTLEMENTS

77661

This section specifies an additional and supplemental	77662
procedure to provide for payments of judgments and settlements if	77663
the Director of Budget and Management determines, pursuant to	77664
division (C)(4) of section 2743.19 of the Revised Code, that	77665
sufficient unencumbered moneys do not exist in the particular	77666
appropriation to pay the amount of a final judgment rendered	77667
against the state or a state agency, including the settlement of a	77668
claim approved by a court, in an action upon and arising out of a	77669
contractual obligation for the construction or improvement of a	77670
capital facility if the costs under the contract were payable in	77671
whole or in part from a state capital projects appropriation. In	77672
such a case, the director may either proceed pursuant to division	77673
(C)(4) of section 2743.19 of the Revised Code or apply to the	77674
Controlling Board to increase an appropriation or create an	77675
appropriation out of any unencumbered moneys in the state treasury	77676
to the credit of the capital projects fund from which the initial	77677
state appropriation was made. The Controlling Board may approve or	77678
disapprove the application as submitted or modified. The amount of	77679
an increase in appropriation or new appropriation specified in an	77680
application approved by the Controlling Board is hereby	77681
appropriated from the applicable capital projects fund and made	77682
available for the payment of the judgment or settlement.	77683

If the director does not make the application authorized by	77684
this section or the Controlling Board disapproves the application,	77685
and the director does not make application under division (C)(4)	77686
of section 2743.19 of the Revised Code, the director shall for the	77687
purpose of making that payment make a request to the General	77688
Assembly as provided for in division (C)(5) of that section.	77689

Section 503.12. RE-ISSUANCE OF VOIDED WARRANTS

77690

In order to provide funds for the reissuance of voided	77691
warrants under section 117.47 of the Revised Code, there is hereby	77692
appropriated, out of moneys in the state treasury from the fund	77693
credited as provided in section 117.47 of the Revised Code, that	77694
amount sufficient to pay such warrants when approved by the Office	77695
of Budget and Management.	77696

Section 503.15. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	77697
BALANCES OF OPERATING APPROPRIATIONS	77698

Except for amounts of $50,000,000 or more that are encumbered	77699
from the General Revenue Fund for program subsidy payments, which	77700
the Director of Budget and Management must report to the	77701
Controlling Board, an unexpended balance of an operating	77702
appropriation or reappropriation that a state agency lawfully	77703
encumbered prior to the close of a fiscal year is reappropriated	77704
on the first day of July of the following fiscal year from the	77705
fund from which it was originally appropriated or reappropriated	77706
for the following period and shall remain available only for the	77707
purpose of discharging the encumbrance:	77708

(A) For an encumbrance for personal services, maintenance,	77709
equipment, or items for resale, other than an encumbrance for an	77710
item of special order manufacture not available on term contract	77711
or in the open market or for reclamation of land or oil and gas	77712
wells for a period of not more than five months from the end of	77713
the fiscal year;	77714

(B) For an encumbrance for an item of special order	77715
manufacture not available on term contract or in the open market,	77716
for a period of not more than five months from the end of the	77717
fiscal year or, with the written approval of the Director of	77718
Budget and Management, for a period of not more than twelve months	77719
from the end of the fiscal year;	77720

(C) For an encumbrance for reclamation of land or oil and gas	77721
wells, for a period ending when the encumbered appropriation is	77722
expended or for a period of two years, whichever is less;	77723

(D) For an encumbrance for any other expense, for such period	77724
as the director approves, provided such period does not exceed two	77725
years.	77726

Any operating appropriations for which unexpended balances	77727
are reappropriated beyond a five-month period from the end of the	77728
fiscal year by division (B) of this section shall be reported to	77729
the Controlling Board by the Director of Budget and Management by	77730
the thirty-first day of December of each year. The report on each	77731
such item shall include the item, the cost of the item, and the	77732
name of the vendor. The report shall be updated on a quarterly	77733
basis for encumbrances remaining open.	77734

Upon the expiration of the reappropriation period set out in	77735
divisions (A), (B), (C), or (D) of this section, a reappropriation	77736
made by this section lapses, and the Director of Budget and	77737
Management shall cancel the encumbrance of the unexpended	77738
reappropriation not later than the end of the weekend following	77739
the expiration of the reappropriation period.	77740

Notwithstanding the preceding paragraph, with the approval of	77741
the Director of Budget and Management, an unexpended balance of an	77742
encumbrance that was reappropriated on the first day of July by	77743
this section for a period specified in division (C) or (D) of this	77744
section and that remains encumbered at the close of the fiscal	77745
biennium is hereby reappropriated on the first day of July of the	77746
following fiscal biennium from the fund from which it was	77747
originally appropriated or reappropriated for the applicable	77748
period specified in division (C) or (D) of this section and shall	77749
remain available only for the purpose of discharging the	77750
encumbrance.	77751

The Director of Budget and Management may correct accounting	77752
errors committed by the staff of the Office of Budget and	77753
Management, such as re-establishing encumbrances or appropriations	77754
cancelled in error, during the cancellation of operating	77755
encumbrances in November and of nonoperating encumbrances in	77756
December.	77757

If the Controlling Board approved a purchase, that approval	77758
remains in effect so long as the appropriation used to make that	77759
purchase remains encumbered.	77760

Section 503.18. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	77761
RE-ESTABLISHMENT OF ENCUMBRANCES	77762

Any cash transferred by the Director of Budget and Management	77763
under section 126.15 of the Revised Code is hereby appropriated.	77764
Any amounts necessary to re-establish appropriations or	77765
encumbrances under section 126.15 of the Revised Code are hereby	77766
appropriated.	77767

Section 503.21. INCOME TAX DISTRIBUTION TO COUNTIES

77768

There are hereby appropriated out of any moneys in the state	77769
treasury to the credit of the General Revenue Fund, which are not	77770
otherwise appropriated, funds sufficient to make any payment	77771
required by division (B)(2) of section 5747.03 of the Revised	77772
Code.	77773

Section 503.24. EXPENDITURES AND APPROPRIATION INCREASES	77774
APPROVED BY THE CONTROLLING BOARD	77775

Any money that the Controlling Board approves for expenditure	77776
or any increase in appropriation authority that the Controlling	77777
Board approves under sections 127.14, 131.35, and 131.39 of the	77778
Revised Code or any other provision of law is hereby appropriated	77779
for the period ending June 30, 2009.	77780

Section 503.27. FUNDS RECEIVED FOR USE OF GOVERNOR'S	77781
RESIDENCE	77782

If the Governor's Residence Fund (Fund 4H2) receives payment	77783
for use of the residence pursuant to section 107.40 of the Revised	77784
Code, the amounts so received are hereby appropriated to	77785
appropriation item 100-604, Governor's Residence Gift.	77786

Section 506.03. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

77787

The maximum amounts that may be assessed against nuclear	77788
electric utilities under division (B)(2) of section 4937.05 of the	77789
Revised Code are as follows:	77790

		FY 2008	FY 2009	77791
Department of Agriculture				77792
	Fund 4E4 Utility Radiological Safety	$73,059	$73,059	77793
Department of Health				77794
	Fund 610 Radiation Emergency Response	$850,000	$850,000	77795
Environmental Protection Agency				77796
	Fund 644 ER Radiological Safety	$286,114	$286,114	77797
Emergency Management Agency				77798
	Fund 657 Utility Radiological Safety	$1,260,000	$1,260,000	77799

Section 512.01. TRANSFERS OF FISCAL YEAR 2007 GENERAL REVENUE	77800
FUND ENDING BALANCES	77801

Notwithstanding divisions (B)(1)(b), (B)(2), and (C) of	77802
section 131.44 of the Revised Code, up to $100,000,000 in cash	77803
from fiscal year 2007 surplus revenue in excess of the amount	77804
required under division (A)(3) of section 131.44 of the Revised	77805
Code shall remain in the General Revenue Fund (GRF).	77806

Section 512.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM	77807
NON-GRF FUNDS	77808

Notwithstanding any other provision of law to the contrary,	77809
during fiscal years 2008 and 2009, the Director of Budget and	77810
Management is hereby authorized to transfer cash from non-General	77811
Revenue Fund funds that are not constitutionally restricted to the	77812
General Revenue Fund. The total amount of cash transfers made	77813
pursuant to this section to the General Revenue Fund during fiscal	77814
years 2008 and 2009 shall not exceed $70,000,000.	77815

Section 512.06. TRANSFERS TO THE GENERAL REVENUE FUND OF	77816
INTEREST EARNED	77817

Notwithstanding any provision of Ohio law to the contrary,	77818
the Director of Budget and Management, through June 30, 2009, may	77819
transfer interest earned by any fund in the Central Accounting	77820
System to the General Revenue Fund. Subsequent to the making of	77821
such transfers, the Director of Budget and Management shall	77822
provide a report to the Controlling Board at its next regularly	77823
scheduled meeting detailing the funds from which the interest	77824
earned was transferred to the General Revenue Fund and the amount	77825
of interest earnings transferred from each of those funds. This	77826
section does not apply to funds whose source of revenue is	77827
restricted or protected by the Constitution of this state, federal	77828
tax law, or the "Cash Management Improvement Act of 1990" 104	77829
Stat. 1058 (1990), 31 U.S.C. 6501 et seq., as amended.	77830

Section 512.07. CASH TRANSFERS FROM REPARATIONS FUND (Fund	77831
402) TO DISASTER PREPAREDNESS FUND (Fund 5EX)	77832

Notwithstanding any other provision of law to the contrary,	77833
on the first day of July in each of years 2007 and 2008, or as	77834
soon as practicable thereafter in each of those years, the	77835
Director of Budget and Management shall transfer $350,000 in cash	77836
from the Reparations Fund (Fund 402) to the Disaster Preparedness	77837
Fund (Fund 5EX).	77838

Section 512.09. CORPORATE AND UCC FILING FUND TRANSFER TO GRF

77839

Not later than the first day of June in each year of the	77840
biennium, the Director of Budget and Management shall transfer	77841
$500,000 from the Corporate and Uniform Commercial Code Filing	77842
Fund to the General Revenue Fund.	77843

Section 512.21. GRF TRANSFER TO FUND 5N4, OAKS PROJECT	77844
IMPLEMENTATION	77845

On July 1, 2007, or as soon thereafter as possible, the	77846
Director of Budget and Management shall transfer an amount not to	77847
exceed $2,200,725 in cash from the General Revenue Fund to Fund	77848
5N4, OAKS Project Implementation. On July 1, 2008, or as soon	77849
thereafter as possible, the Director of Budget and Management	77850
shall transfer an amount not to exceed $2,092,779 in cash from the	77851
General Revenue Fund to Fund 5N4, OAKS Project Implementation.	77852

Section 512.31. TEMPORARY TRANSFER TO THE OAKS SUPPORT	77853
ORGANIZATION FUND	77854

Notwithstanding any provision of law to the contrary, in	77855
fiscal year 2008, the Director of Budget and Management may	77856
transfer an amount not to exceed $1,000,000 in cash from the Human	77857
Resources Services Fund (Fund 125) to the OAKS Support	77858
Organization Fund (Fund 5EB). These amounts shall support the	77859
establishment of the OAKS Support Organization. Amounts	77860
transferred to the OAKS Support Organization Fund and interest	77861
earnings on these amounts transferred during fiscal year 2008	77862
shall be returned to the Human Resources Services Fund not later	77863
than January 1, 2008. Upon certification of the total amount	77864
transferred from Fund 125 to Fund 5EB, the Director of Budget and	77865
Management shall transfer cash in the amount certified from Fund	77866
5EB to Fund 125.	77867

Section 512.32. GRF TRANSFER TO FUND 470, FEE SUPPORTED	77868
PROGRAMS	77869

On July 1, 2007, or as soon as possible thereafter, the	77870
Director of Budget and Management shall transfer $50,000 in cash	77871
from the General Revenue Fund to Fund 470, Fee Supported Programs,	77872
in the Department of Health.	77873

Section 512.34. TRANSFER FROM EDUCATION FACILITIES ENDOWMENT	77874
FUND	77875

Notwithstanding division (G) of section 183.27 of the Revised	77876
Code, the Director of Budget and Management shall transfer	77877
$40,000,000 cash in fiscal year 2008 from the Education Facilities	77878
Endowment Fund (Fund P87) to the General Revenue Fund.	77879

Section 512.35. DIESEL EMISSIONS REDUCTION AND TRANSIT	77880
CAPITAL GRANT PROGRAMS	77881

On the first day of July of each fiscal year or as soon as	77882
possible thereafter, the Director of Budget and Management shall	77883
(1) transfer $9,817,105 in cash in fiscal year 2008 and	77884
$10,057,814 in cash in fiscal year 2009 from the Highway Operating	77885
Fund (Fund 002) to the Diesel Emissions Grant Fund established in	77886
section 122.861 of the Revised Code and (2) transfer $5,000,000 in	77887
each fiscal year from the Highway Operating Fund to the Transit	77888
Capital Fund (Fund 5E7). The amounts transferred are hereby	77889
appropriated.	77890

The transfer to the Diesel Emissions Grant Fund shall be used	77891
for the administration and oversight of the Diesel Emissions	77892
Reduction Grant Program within the Department of Development. In	77893
addition to the allowable expenditures set forth in section	77894
122.861 of the Revised Code, Diesel Emissions Reduction Grant	77895
Program funds also may be used to fund projects involving the	77896
purchase or use of hybrid and alternative fuel vehicles that are	77897
allowed under guidance developed by the Federal Highway	77898
Administration for the Congestion Mitigation and Air Quality	77899
(CMAQ) Program. The Director of Development, in consultation with	77900
the Director of Environmental Protection, shall develop guidance	77901
for distribution of the funds from the Diesel Emissions Grant	77902
Fund. The guidance shall include a method for prioritization of	77903
projects, acceptable technologies, and procedures for awarding	77904
grants and loans.	77905

The transfer to the Transit Capital Fund (Fund 5E7) shall be	77906
used to supplement the capital portion of the Ohio Public	77907
Transportation Grant Program within the Department of	77908
Transportation.	77909

These cash transfers represent CMAQ program moneys within the	77910
Department of Transportation for use by the Diesel Emissions	77911
Reduction Grant Program by the Department of Development and for	77912
use by the Ohio Public Transportation Grant Program by the Ohio	77913
Department of Transportation. These allocations shall not reduce	77914
the amount of such moneys designated for metropolitan planning	77915
organizations.	77916

Section 512.37. TRANSFER TO ENERGY STRATEGY DEVELOPMENT FUND

77917

On July 1, 2007, and on July 1, 2008, or as soon thereafter	77918
as possible, the Director of Budget and Management may transfer	77919
cash from the funds specified below, in the amount specified	77920
below, to the Energy Strategy Development Fund, which is hereby	77921
created in the state treasury. The fund may accept contributions	77922
and transfers made to the fund. The funds shall be used to develop	77923
energy initiatives, projects, and policy.	77924

Agency	Fund	FY 2008	FY 2009	77925
Department of Administrative Services	117	$35,000	$35,000	77926
Department of Agriculture	3J4	$35,000	$35,000	77927
Department of Development	4H4	$32,447	$0	77928
Department of Development	135	$0	$35,000	77929
Environmental Protection Agency	219	$35,000	$35,000	77930
Department of Natural Resources	157	$35,000	$35,000	77931
Department of Transportation	002	$50,000	$50,000	77932

Section 512.38. CASH TRANSFER FROM AUTOMATED TITLE PROCESSING	77933
FUND TO TITLE DEFECT RESCISSION FUND	77934

Notwithstanding any other provision of law to the contrary,	77935
on July 1, 2007, or as soon as practicable thereafter, the	77936
Director of Budget and Management shall transfer $1,000,000 in	77937
cash from the Automated Title Processing Fund (Fund 849) to the	77938
Title Defect Rescission Fund (Fund 4Y7).	77939

Section 512.41. For purposes of sections 109.93, 111.18, and	77940
173.85 of the Revised Code, as amended by this act, the Director	77941
of Budget and Management, in collaboration with the Treasurer of	77942
State, may take any action necessary to establish funds in the	77943
state treasury that were previously held in the custody of the	77944
Treasurer of State, including, but not limited to, the transfer of	77945
cash from the custodial funds to the state treasury and the	77946
establishment of appropriations and encumbrances to support	77947
outstanding obligations. The amounts necessary to support	77948
outstanding obligations are hereby appropriated. Agencies may	77949
request additional appropriation authority, but it shall be	77950
subject to approval by the Controlling Board.	77951

Section 512.50. GRF TRANSFER TO THE PUBLIC AUDIT EXPENSE	77952
INTRA-STATE FUND	77953

On July 1, 2007, or as soon as possible thereafter, the	77954
Director of Budget and Management shall transfer $400,000 cash	77955
from the General Revenue Fund to the Public Audit Expense	77956
Intra-State Fund (Fund 109). The amounts transferred are hereby	77957
appropriated to help pay for expenses incurred in the Auditor of	77958
State's role relating to fiscal caution, fiscal watch, and fiscal	77959
emergency activities as defined in Chapter 3316. of the Revised	77960
Code and for performance audits for school districts in fiscal	77961
distress.	77962

Section 515.03. (A) Effective July 1, 2007, the State Chief	77963
Information Officer shall report to the Director of Budget and	77964
Management. All actions of the State Chief Information Officer	77965
thereafter shall be subject to the approval of the Director of	77966
Budget and Management. The State Chief Information Officer shall	77967
continue to perform all the duties, powers, and obligations of the	77968
State Chief Information Officer and the Office of Information	77969
Technology provided for by law. To allow for the administrative	77970
reorganization and program transfer, the operation of the Office	77971
of Information Technology shall remain within the Department of	77972
Administrative Services through June 30, 2008. Notwithstanding any	77973
section of the Revised Code, funds appropriated in this act to the	77974
Department of Administrative Services for the Office of	77975
Information Technology and the employees and assets of the Office	77976
of Information Technology in the Department shall be used by the	77977
Department as directed by the State Chief Information Officer for	77978
the continued operation of the Office of Information Technology.	77979
Effective July 1, 2008, the operations of the Office of	77980
Information Technology in the Department of Administrative	77981
Services cease.	77982

(B) Employees of the Office of Information Technology in the	77983
Department of Administrative Services shall be transferred to the	77984
Office of Budget and Management. The State Chief Information	77985
Officer and the Directors of Administrative Services and the	77986
Office of Budget and Management may identify employees of the	77987
Department of Administrative Services who provide administrative	77988
support to the Office of Information Technology and who shall be	77989
transferred to the Office of Budget and Management. Both of these	77990
transfers shall take effect on the first day of the first pay	77991
period for fiscal year 2009 and are subject to the lay-off	77992
provisions of sections 124.321 to 124.328 of the Revised Code.	77993

(C) Effective July 1, 2008, all funding, assets, and records	77994
of the Office of Information Technology in the Department of	77995
Administrative Services shall be transferred to the Office of	77996
Budget and Management.	77997

(D) Any matter commenced but not completed by the Office of	77998
Information Technology in the Department of Administrative	77999
Services on July 1, 2007, shall be completed by the Office of	78000
Information Technology in the Office of Budget and Management, as	78001
appropriate, in the same manner, and with the same effect, as if	78002
completed by the Office of Information Technology in the	78003
Department of Administrative Services. Any validation, cure,	78004
right, privilege, remedy, obligation, or liability of the Office	78005
of Information Technology is not lost or impaired by reason of the	78006
transfer and shall be administered by the State Chief Information	78007
Officer and Office of Information Technology in the Office of	78008
Budget and Management.	78009

(E) All rules, orders, policies, directives, and	78010
determinations of the State Chief Information Officer and the	78011
Office of Information Technology in the Department of	78012
Administrative Services continue in effect as rules, orders,	78013
policies, directives, and determinations of the State Chief	78014
Information Officer and the Office of Information Technology in	78015
the Office of Budget and Management until modified or rescinded by	78016
the Officer, Office, or the Director of Budget and Management. At	78017
the request of the State Chief Information Officer or the Director	78018
of Budget and Management, and if necessary to ensure the integrity	78019
of the numbering of the Administrative Code, the Director of the	78020
Legislative Service Commission shall renumber rules of the Office	78021
of Information Technology to reflect the transfer to the Office of	78022
Budget and Management.	78023

(F) Effective July 1, 2007, whenever the Department of	78024
Administrative Services, the Office of Information Technology, or	78025
the State Chief Information Officer is referred to in any law,	78026
contract, or other document in relation to statewide information	78027
technology, the reference shall be deemed to refer to the Office	78028
of Budget and Management or the Office of Information Technology	78029
in the Office of Budget and Management.	78030

(G) Effective July 1, 2007, any action or proceeding or	78031
adjudication that is related to the Office of Information	78032
Technology in the Department of Administrative Services and that	78033
is pending shall not be affected by the transfer and shall be	78034
prosecuted or defended in the name of the Director of Budget and	78035
Management or the Office of Budget and Management. In all such	78036
actions and proceedings the Director or the Office, upon	78037
application to the court or agency, shall be substituted as a	78038
party.	78039

(H) On and after July 1, 2007, notwithstanding any provision	78040
of law to the contrary, the Director of Budget and Management is	78041
authorized to take the actions described in this section with	78042
respect to budget changes made necessary by the transfer,	78043
including administrative reorganization, program transfers, the	78044
creation of new funds, the creation of new appropriation items,	78045
and the consolidation of funds as authorized by this act. The	78046
Director may make any transfer of cash balances between funds. At	78047
the request of the Director of Budget and Management, the State	78048
Chief Information Officer shall certify to the Director an	78049
estimate of the amount of the cash balance to be transferred to	78050
the receiving fund. The Director may transfer the estimated amount	78051
when needed to make payments. Not more than thirty days after	78052
certifying the estimated amount, the State Chief Information	78053
Officer shall certify the final amount to the Director. The	78054
Director shall transfer the difference between any amount	78055
previously transferred and the certified final amount. The	78056
Director may cancel encumbrances or parts of encumbrances and	78057
re-establish encumbrances or parts of encumbrances as needed in	78058
the appropriate fund and appropriation item for the same purpose	78059
and to the same vendor. As determined by the Director, the	78060
appropriation authority necessary to re-establish those	78061
encumbrances in a different fund or appropriation item in or	78062
between the Office of Budget and Management and the Department of	78063
Administrative Services is hereby authorized. The Director shall	78064
reduce each year's appropriation balances by the amount of the	78065
encumbrances canceled in their respective funds and appropriation	78066
items. Any fiscal year 2008 unencumbered or unallocated	78067
appropriation balances may be transferred to the appropriate item	78068
to be used for the same purposes, as determined by the Director.	78069

Section 515.06. TRANSFER OF PRINTING SERVICES FROM THE OFFICE	78070
OF INFORMATION TECHNOLOGY	78071

Effective July 1, 2007, or the earliest date thereafter	78072
agreed to by the Director of Budget and Management and the	78073
Director of Administrative Services, the Office of Information	78074
Technology printing office currently located on Integrity Drive in	78075
Columbus shall become part of the Department of Administrative	78076
Services. The functions, assets, and liabilities, including, but	78077
not limited to, records, regardless of form or medium, leases, and	78078
contracts, of the printing office are transferred to the	78079
Department of Administrative Services. The Department of	78080
Administrative Services is thereupon and thereafter successor to,	78081
assumes the obligations of, and otherwise constitutes the	78082
continuation of the printing office. The functions of the printing	78083
office are thereupon and thereafter transferred to the Department	78084
of Administrative Services.	78085

Any business commenced but not completed by the printing	78086
office by the date of the transfer shall be completed by the	78087
Department of Administrative Services, in the same manner, and	78088
with the same effect, as if completed by the printing office. No	78089
validation, cure, right, privilege, remedy, obligation, or	78090
liability is lost or impaired by reason of the transfer and shall	78091
be administered by the Department of Administrative Services. All	78092
the printing office's rules, orders, and determinations continue	78093
in effect as rules, orders, and determinations of the Department	78094
of Administrative Services, until modified or rescinded by the	78095
Department of Administrative Services. If necessary to ensure the	78096
integrity of the Administrative Code rule numbering system, the	78097
Director of the Legislative Service Commission shall renumber the	78098
printing office's rules to reflect their transfer to the	78099
Department of Administrative Services.	78100

Employees of the Office of Information Technology designated	78101
as staff in the printing office shall be transferred to the	78102
Department of Administrative Services. Subject to the layoff	78103
provisions of sections 124.321 to 124.328 of the Revised Code, the	78104
layoff provisions of the contract between the state and all	78105
bargaining units affected, the employees transferred to the	78106
Department of Administrative Services retain their positions and	78107
all benefits accruing thereto.	78108

No judicial or administrative action or proceeding to which	78109
the printing office is a party that is pending on July 1, 2007, or	78110
such later date as may be established by the Director of the	78111
Office of Information Technology and the Director of	78112
Administrative Services, is affected by the transfer of functions.	78113
The action or proceeding shall be prosecuted or defended in the	78114
name of the Director of Administrative Services. On application to	78115
the court or agency, the Director of Administrative Services shall	78116
be substituted for the Director of the Office of Information	78117
Technology as a party to the action or proceeding.	78118

On and after July 1, 2007, notwithstanding any provision of	78119
law to the contrary, the Director of Budget and Management shall	78120
take the actions with respect to budget changes made necessary by	78121
the transfer, including administrative reorganization, program	78122
transfers, the creation of new funds, and the consolidation of	78123
funds as authorized by this section. The Director of Budget and	78124
Management may cancel encumbrances and re-establish encumbrances	78125
or parts of encumbrances as needed in fiscal year 2008 in the	78126
appropriate fund and appropriation item for the same purpose and	78127
for payment to the same vendor. The Director of Budget and	78128
Management as determined necessary, may re-establish encumbrances	78129
in fiscal year 2008 in a different fund or appropriation item in	78130
an agency or between agencies. The re-established encumbrances are	78131
hereby appropriated. The Director of Budget and Management shall	78132
reduce each year's appropriation balances by the amount of the	78133
encumbrance canceled in their respective funds and appropriation	78134
items.	78135

Not later than sixty days after the transfer of the printing	78136
office to the Department of Administrative Services, the Director	78137
of the Office of Information Technology shall certify to the	78138
Director of Budget and Management the amount of cash associated	78139
with printing services supported by Fund 133, IT Services Delivery	78140
Fund. Upon receipt of the certification, the Director of Budget	78141
and Management shall transfer cash from Fund 133, IT Services	78142
Delivery Fund, to Fund 210, State Printing Fund. This amount is	78143
hereby appropriated.	78144

Section 515.09. TRANSFER OF MAIL AND FULFILLMENT SERVICES	78145
FROM THE DEPARTMENT OF JOB AND FAMILY SERVICES	78146

Effective July 1, 2007, or the earliest date thereafter	78147
agreed to by the Director of Job and Family Services and the	78148
Director of Administrative Services, the Department of Job and	78149
Family Services mail and fulfillment office, currently located on	78150
Integrity Drive in Columbus shall become part of the Department of	78151
Administrative Services. The functions, assets, and liabilities,	78152
including, but not limited to, records, regardless of form or	78153
medium, leases, and contracts, of the mail and fulfillment office	78154
is transferred to the Department of Administrative Services. The	78155
Department of Administrative Services is thereupon and thereafter	78156
successor to, assumes the obligations of, and otherwise	78157
constitutes the continuation of the mail and fulfillment office.	78158
The functions of the mail and fulfillment office are thereupon and	78159
thereafter transferred to the Department of Administrative	78160
Services.	78161

Any business commenced but not completed by the mail and	78162
fulfillment office by the date of transfer shall be completed by	78163
the Department of Administrative Services, in the same manner, and	78164
with the same effect, as if completed by the mail and fulfillment	78165
office. No validation, cure, right, privilege, remedy, obligation,	78166
or liability is lost or impaired by reason of the transfer and	78167
shall be administered by the Department of Administrative	78168
Services. All of the mail and fulfillment office's rules, orders,	78169
and determinations continue in effect as rules, orders, and	78170
determinations of the Department of Administrative Services, until	78171
modified or rescinded by the Department of Administrative	78172
Services. If necessary to ensure the integrity of the	78173
Administrative Code rule numbering system, the Director of the	78174
Legislative Service Commission shall renumber the mail and	78175
fulfillment office's rules to reflect their transfer to the	78176
Department of Administrative Services.	78177

Employees of the Department of Job and Family Services	78178
designated as staff in the mail and fulfillment office shall be	78179
transferred to the Department of Administrative Services. Subject	78180
to the layoff provisions of sections 124.321 to 124.328 of the	78181
Revised Code, and to provisions of the contract between the state	78182
and all bargaining units affected, the employees transferred to	78183
the Department of Administrative Services retain their positions	78184
and all benefits accruing thereto.	78185

No judicial or administrative action or proceeding to which	78186
the mail and fulfillment office is a party that is pending on July	78187
1, 2007, or such later date as may be established by the Director	78188
of Job and Family Services and the Director of Administrative	78189
Services, is affected by the transfer of functions. The action or	78190
proceeding shall be prosecuted or defended in the name of the	78191
Director of Administrative Services. On application to the court	78192
or agency, the Director of Administrative Services shall be	78193
substituted for the Director of Job and Family Services as a party	78194
to the action or proceeding.	78195

On and after July 1, 2007, notwithstanding any provision of	78196
law to the contrary, the Director of Budget and Management shall	78197
take the actions with respect to budget changes made necessary by	78198
the transfer, including administrative reorganization, program	78199
transfers, the creation of new funds, and the consolidation of	78200
funds as authorized by this section. The Director of Budget and	78201
Management may cancel encumbrances and re-establish encumbrances	78202
or parts of encumbrances as needed in fiscal year 2008 in the	78203
appropriate fund and appropriation item for the same purpose and	78204
for payment to the same vendor. The Director of Budget and	78205
Management, as determined necessary, may re-establish encumbrances	78206
in fiscal year 2008 in a different fund or appropriation item in	78207
an agency or between agencies. The re-established encumbrances are	78208
hereby appropriated. The Director of Budget and Management shall	78209
reduce each year's appropriation balances by the amount of the	78210
encumbrance canceled in their respective funds and appropriation	78211
items.	78212

The Director of Job and Family Services and the Director of	78213
Administrative Services shall enter into an interagency agreement	78214
establishing terms and timetables for the implementation of this	78215
section. The interagency agreement shall include provisions for	78216
credits to the Department of Job and Family Services for prepaid	78217
postage, agreements for the credit, transfer, or reimbursement of	78218
funds to the Department of Job and Family Services to comply with	78219
terms and conditions applicable to federal funds expended by the	78220
department for the purchase, maintenance, and operation of	78221
equipment, agreements for ongoing operations in compliance with	78222
federal requirements applicable to Department of Job and Family	78223
Services programs that utilize the mail and fulfillment services,	78224
transfer of or sharing of lease agreements, and any other	78225
agreements that the Director of Job and Family Services and the	78226
Director of Administrative Services determine to be necessary for	78227
the successful implementation of this section.	78228

Not later than sixty days after the transfer of the mail and	78229
fulfillment office to the Department of Administrative Services,	78230
the Director of Job and Family Services shall certify to the	78231
Director of Budget and Management the amount of any unexpended	78232
balance of appropriations made to the department to support the	78233
office. Upon receipt of the certification, the Director of Budget	78234
and Management shall transfer the appropriations and cash to Fund	78235
210, State Printing Fund.	78236

Section 518.01. TRANSFERS FROM THE TOBACCO MASTER SETTLEMENT	78237
AGREEMENT FUND TO THE GENERAL REVENUE FUND	78238

Notwithstanding any law to the contrary, on July 1, 2007, or	78239
as soon as possible thereafter, and before any other transfers	78240
from the Tobacco Master Settlement Agreement Fund (Fund 087) are	78241
made, the Director of Budget and Management shall transfer	78242
$9,984,248 to the General Revenue Fund from the Tobacco Master	78243
Settlement Agreement Fund (Fund 087).	78244

Section 518.02. EXCESS TOBACCO SECURITIZATION PROCEEDS

78245

Any proceeds from securitization of the Tobacco Master	78246
Settlement Agreement, after all expenses of the securitization	78247
have been accounted for, in excess of $5,000,000,000 shall be	78248
deposited in the School Building Program Assistance Fund (Fund	78249
032) established in section 3318.25 of the Revised Code.	78250

Section 518.03. BUDGET ADJUSTMENTS TO REFLECT TOBACCO	78251
SECURITIZATION	78252

(A) Notwithstanding any other provision of law to the	78253
contrary, the Director of Budget and Management, periodically on	78254
any date following the issuance of the tobacco obligations	78255
authorized in section 183.51 of the Revised Code and through June	78256
30, 2009, shall:	78257

(1) Determine the amount of appropriation items 235-909,	78258
Higher Education General Obligation Debt Service, and 230-908,	78259
Common Schools General Obligation Debt Service, that are in excess	78260
of the amounts needed to pay all debt service and financing costs	78261
on those obligations payable from each of those items and transfer	78262
all or any portion of that excess appropriation to appropriation	78263
item 200-901, Property Tax Allocation-Education, or 110-901,	78264
Property Tax Allocation-Taxation, or both together as needed for	78265
the purposes of making the state's property tax relief payments to	78266
school districts and counties.	78267

(2) Determine the amount by which interest earnings credited	78268
to Fund 034, Higher Education Improvement Fund, and Fund 032,	78269
School Building Program Assistance Fund, from the investment of	78270
the net proceeds of those tobacco obligations exceed the amount	78271
needed to satisfy appropriations from those funds, transfer all or	78272
part of that excess cash balance to the General Revenue Fund, and	78273
increase appropriation item 200-901, Property Tax	78274
Allocation-Education, or 110-901, Property Tax	78275
Allocation-Taxation, or both together, by up to the amount of cash	78276
so transferred to the General Revenue Fund.	78277

(3) Determine the amount of capital appropriations in	78278
CAP-770, School Building Assistance Program, and transfers of cash	78279
to Fund 5E3, School Facilities Commission, that are necessary to	78280
fully expend the amount of net proceeds deposited into Fund 032,	78281
School Building Program Assistance Fund, from the issuance of	78282
those tobacco obligations, and increase the appropriations for	78283
CAP-770 and appropriation item 230-644, Operating Expenses-School	78284
Facilities Commission, by the necessary amounts.	78285

(4) Determine the amount of additional capital	78286
appropriations, if any necessary to fully expend the amount of net	78287
proceeds deposited from the issuance of those tobacco obligations	78288
into Fund 034, Higher Education Improvement Fund.	78289

(5) Reduce by up to $800,000,000 the amount of authorization	78290
to issue and sell general obligations to pay the costs of capital	78291
facilities for a system of common schools throughout the state	78292
granted to the Ohio Public Facilities Commission by prior acts of	78293
the General Assembly. This reduction reflects the utilization of	78294
the net proceeds of those tobacco obligations in place of general	78295
obligation bond proceeds to support capital appropriations payable	78296
from Fund 032, School Building Assistance Fund.	78297

(6) Reduce by up to $950,000,000 the amount of authorization	78298
to issue and sell general obligations to pay the costs of capital	78299
facilities for state-supported and state-assisted institutions of	78300
higher education granted to the Ohio Public Facilities Commission	78301
by prior acts of the General Assembly. This reduction reflects the	78302
utilization of the net proceeds of those tobacco obligations in	78303
place of general obligation bond proceeds to support capital	78304
appropriations payable from Fund 034, Higher Education Improvement	78305
Fund.	78306

(B) Before the Office of Budget and Management transfers or	78307
increases or decreases any appropriations or authorizations	78308
described in division (A) of this section, the Office of Budget	78309
and Management shall seek Controlling Board approval.	78310

Section 518.06. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

78311

Certain appropriations are in this act for the purpose of	78312
paying debt service and financing costs on general obligation	78313
bonds or notes of the state issued pursuant to the Ohio	78314
Constitution and acts of the General Assembly. If it is determined	78315
that additional appropriations are necessary for this purpose,	78316
such amounts are hereby appropriated.	78317

Section 518.09. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER	78318
OF STATE	78319

Certain appropriations are in this act for the purpose of	78320
making lease rental payments pursuant to leases and agreements	78321
relating to bonds or notes issued by the Ohio Building Authority	78322
or the Treasurer of State or, previously, by the Ohio Public	78323
Facilities Commission, pursuant to the Ohio Constitution and acts	78324
of the General Assembly. If it is determined that additional	78325
appropriations are necessary for this purpose, such amounts are	78326
hereby appropriated.	78327

Section 518.12. AUTHORIZATION FOR TREASURER OF STATE AND OBM	78328
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	78329

The Office of Budget and Management shall initiate and	78330
process disbursements from general obligation and lease rental	78331
payment appropriation items during the period from July 1, 2007,	78332
to June 30, 2009, relating to bonds or notes issued under Sections	78333
2i, 2k, 2l, 2m, 2n, 2o, 2p and 15 of Article VIII, Ohio	78334
Constitution, and Chapters 151. and 154. of the Revised Code.	78335
Disbursements shall be made upon certification by the Treasurer of	78336
State, Office of the Sinking Fund, of the dates and the amounts	78337
due on those dates.	78338

Section 521.03. STATE AND LOCAL REBATE AUTHORIZATION

78339

There is hereby appropriated, from those funds designated by	78340
or pursuant to the applicable proceedings authorizing the issuance	78341
of state obligations, amounts computed at the time to represent	78342
the portion of investment income to be rebated or amounts in lieu	78343
of or in addition to any rebate amount to be paid to the federal	78344
government in order to maintain the exclusion from gross income	78345
for federal income tax purposes of interest on those state	78346
obligations under section 148(f) of the Internal Revenue Code.	78347

Rebate payments shall be approved and vouchered by the Office	78348
of Budget and Management.	78349

Section 521.06. STATEWIDE INDIRECT COST RECOVERY

78350

Whenever the Director of Budget and Management determines	78351
that an appropriation made to a state agency from a fund of the	78352
state is insufficient to provide for the recovery of statewide	78353
indirect costs under section 126.12 of the Revised Code, the	78354
amount required for such purpose is hereby appropriated from the	78355
available receipts of such fund.	78356

Section 521.07. GRF TRANSFERS ON BEHALF OF THE STATEWIDE	78357
INDIRECT COST ALLOCATION PLAN	78358

The total transfers made from the General Revenue Fund by the	78359
Director of Budget and Management under this section shall not	78360
exceed the amounts transferred into the General Revenue Fund under	78361
division (B) of section 126.12 of the Revised Code.	78362

The director of an agency may certify to the Director of	78363
Budget and Management the amount of expenses not allowed to be	78364
included in the Statewide Indirect Cost Allocation Plan under	78365
federal regulations, from any fund included in the Statewide	78366
Indirect Cost Allocation Plan, prepared as required by section	78367
126.12 of the Revised Code.	78368

Upon determining that no alternative source of funding is	78369
available to pay for such expenses, the Director of Budget and	78370
Management may transfer from the General Revenue Fund into the	78371
fund for which the certification is made, up to the amount of the	78372
certification. The director of the agency receiving such funds	78373
shall include, as part of the next budget submission prepared	78374
under section 126.02 of the Revised Code, a request for funding	78375
for such activities from an alternative source such that further	78376
federal disallowances would not be required.	78377

Section 521.09. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

78378

Notwithstanding any provision of law to the contrary, on or	78379
before the first day of September of each fiscal year, the	78380
Director of Budget and Management, in order to reduce the payment	78381
of adjustments to the federal government, as determined by the	78382
plan prepared under division (A) of section 126.12 of the Revised	78383
Code, may designate such funds as the director considers necessary	78384
to retain their own interest earnings.	78385

Section 521.12. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

78386

Pursuant to the plan for compliance with the Federal Cash	78387
Management Improvement Act required by section 131.36 of the	78388
Revised Code, the Director of Budget and Management may cancel and	78389
re-establish all or part of encumbrances in like amounts within	78390
the funds identified by the plan. The amounts necessary to	78391
re-establish all or part of encumbrances are hereby appropriated.	78392

* Section 603.05. That Sections 203.50, 209.10, 227.10, and	78393
555.08 of Am. Sub. H.B. 67 of the 127th General Assembly be	78394
amended to read as follows:	78395

Sec. 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES

78396

Of the foregoing appropriation item 772-421, Highway	78397
Construction - State, $5,000,000 shall be used in each fiscal year	78398
during the fiscal year 2008-2009 biennium by the Department of	78399
Transportation for the construction, reconstruction, or	78400
maintenance of public access roads, including support features, to	78401
and within state facilities owned or operated by the Department of	78402
Natural Resources.	78403

Notwithstanding section 5511.06 of the Revised Code, of the	78404
foregoing appropriation item 772-421, Highway Construction -	78405
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009	78406
biennium shall be used by the Department of Transportation for the	78407
construction, reconstruction, or maintenance of park drives or	78408
park roads within the boundaries of metropolitan parks.	78409

Included in the foregoing appropriation item 772-421, Highway	78410
Construction - State, the department may perform related road work	78411
on behalf of the Ohio Expositions Commission at the state	78412
fairgrounds, including reconstruction or maintenance of public	78413
access roads and support features, to and within fairground	78414
facilities as requested by the commission and approved by the	78415
Director of Transportation.	78416

PUBLIC SCHOOL ENTRANCE IMPROVEMENTS

78417

Of the foregoing appropriation item 779-491,	78418
Administration-State, $4,000,000 in fiscal year 2008, shall be	78419
used by the Department of Transportation to make grants available	78420
for state highway improvements at public school entrances under	78421
the following conditions:	78422

(A) The school is receiving assistance from the Ohio School	78423
Facilities Commission for the renovation or construction of new	78424
school facilities.	78425

(B) The state highway improvements are to be made at	78426
entrances within school zones.	78427

Grant awards shall be limited to $500,000 per school	78428
district, and are contingent on local government officials or the	78429
participating school district, or both, matching 25 per cent of	78430
the improvement cost.	78431

LIQUIDATION OF UNFORESEEN LIABILITIES

78432

Any appropriation made to the Department of Transportation,	78433
Highway Operating Fund, not otherwise restricted by law, is	78434
available to liquidate unforeseen liabilities arising from	78435
contractual agreements of prior years when the prior year	78436
encumbrance is insufficient.	78437

Sec. 209.10. ENFORCEMENT

78438

State Highway Safety Fund Group

78439

036	764-033	Minor Capital Projects	$	1,250,000	$	1,250,000	78440
036	764-321	Operating Expense - Highway Patrol	$	253,967,276	$	267,539,597	78441
036	764-605	Motor Carrier Enforcement Expenses	$	3,061,817	$	3,340,468	78442
83C	764-630	Contraband, Forfeiture, Other	$	622,894	$	622,894	78443
83F	764-657	Law Enforcement Automated Data System	$	7,945,555	$	8,275,898	78444
83G	764-633	OMVI Enforcement/Education	$	650,000	$	650,000	78445
83J	764-693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	78446
83T	764-694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	78447
831	764-610	Patrol - Federal	$	2,455,484	$	2,455,484	78448
831	764-659	Transportation Enforcement - Federal	$	5,665,690	$	6,132,592	78449
831	769-631	Homeland Security - Federal	$	1,500,000	$	1,552,500	78450
837	764-602	Turnpike Policing	$	10,893,146	$	11,553,959	78451
838	764-606	Patrol Reimbursement	$	175,000	$	175,000	78452
840	764-607	State Fair Security	$	1,396,283	$	1,396,283	78453
840	764-617	Security and Investigations	$	6,231,916	$	6,155,385	78454
840	764-626	State Fairgrounds Police Force	$	788,375	$	788,375	78455
840	769-632	Homeland Security - Operating	$	1,913,276	$	1,989,807	78456
841	764-603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	78457
TOTAL HSF State Highway Safety							78458
Fund Group			$	301,977,111	$	317,338,641	78459

General Services Fund Group

78460

4S2	764-660	MARCS Maintenance	$	335,862		$	389,149		78461
TOTAL GSF General Services									78462
Fund Group				$	335,862		$	389,149		78463

TOTAL ALL BUDGET FUND GROUPS -											78464
Enforcement					$	302,312,973		$	317,727,790		78465

COLLECTIVE BARGAINING INCREASES

78466

Notwithstanding division (D) of section 127.14 and division	78467
(B) of section 131.35 of the Revised Code, except for the General	78468
Revenue Fund, the Controlling Board may, upon the request of	78469
either the Director of Budget and Management, or the Department of	78470
Public Safety with the approval of the Director of Budget and	78471
Management, increase appropriations for any fund, as necessary for	78472
the Department of Public Safety, to assist in paying the costs of	78473
increases in employee compensation that have occurred pursuant to	78474
collective bargaining agreements under Chapter 4117. of the	78475
Revised Code and, for exempt employees, under section 124.152 of	78476
the Revised Code.	78477

TRAFFIC SAFETY OPERATING FUND

78478

On July 1, 2007, or as soon thereafter as possible, the	78479
Director of Budget and Management shall transfer the cash balance	78480
in the Traffic Safety Operating Fund (Fund 5AY) to the Highway	78481
Safety Fund (Fund 036). The Director of Budget and Management	78482
shall cancel any existing encumbrances against appropriation item	78483
764-688, Traffic Safety Operating, and re-establish them against	78484
appropriation item 764-321, Operating Expense – Highway Patrol.	78485
The amounts of the re-established encumbrances are hereby	78486
appropriated. Upon completion of these transfers, the Traffic	78487
Safety Operating Fund (Fund 5AY) is hereby abolished.	78488

CASH TRANSFER TO THE STATE HIGHWAY SAFETY FUND

78489

Effective July 1, 2007, the Treasurer of State, prior to	78490
making any of the distributions listed in sections 5735.23,	78491
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	78492
at least the first $1,250,000 and up to $1,600,000 received each	78493
month to the credit of the State Highway Safety Fund (Fund 036)	78494
pursuant to a schedule determined by the Director of Budget and	78495
Management.	78496

Sec. 227.10. DEV DEPARTMENT OF DEVELOPMENT

78497

State Special Revenue Fund Group

78498

4W0	195-629	Roadwork Development	$	18,699,900	$	18,699,900	78499
TOTAL SSR State Special Revenue							78500
Fund Group			$	18,699,900	$	18,699,900	78501
TOTAL ALL BUDGET FUND GROUPS			$	18,699,900	$	18,699,900	78502

ROADWORK DEVELOPMENT FUND

78503

The Roadwork Development Fund shall be used for road	78504
improvements associated with economic development opportunities	78505
that will retain or attract businesses for Ohio. "Road	78506
improvements" are improvements to public roadway facilities	78507
located on, or serving or capable of serving, a project site.	78508

The Department of Transportation, under the direction of the	78509
Department of Development, shall provide these funds in accordance	78510
with all guidelines and requirements established for Department of	78511
Development appropriation item 195-412, Business Development,	78512
including Controlling Board review and approval as well as the	78513
requirements for usage of gas tax revenue prescribed in Section 5a	78514
of Article XII, Ohio Constitution. Should the Department of	78515
Development require the assistance of the Department of	78516
Transportation to bring a project to completion, the Department of	78517
Transportation shall use its authority under Title LV of the	78518
Revised Code to provide such assistance and enter into contracts	78519
on behalf of the Department of Development. In addition, these	78520
funds may be used in conjunction with appropriation item 195-412,	78521
Business Development, or any other state funds appropriated for	78522
infrastructure improvements.	78523

The Director of Budget and Management, pursuant to a plan	78524
submitted by the Department of Development or as otherwise	78525
determined by the Director of Budget and Management, shall set a	78526
cash transfer schedule to meet the cash needs of the Department of	78527
Development's Roadwork Development Fund (Fund 4W0), less any other	78528
available cash. The Director shall transfer to the Roadwork	78529
Development Fund from the Highway Operating Fund (Fund 002),	78530
established in section 5735.291 of the Revised Code, such amounts	78531
at such times as determined by the transfer schedule.	78532

Of the foregoing appropriation item 195-629, Roadwork	78533
Development, $1,000,000 over the fiscal year 2008-2009 biennium	78534
shall be used for improvements to the State Route 33 Avery	78535
Muirfield Interchange.	78536

TRANSPORTATION IMPROVEMENT DISTRICTS

78537

Notwithstanding section 5540.151 of the Revised Code, of the	78538
foregoing appropriation item 195-629, Roadwork Development,	78539
$250,000 in each fiscal year of the biennium shall be granted by	78540
the Director of Development to each of the transportation	78541
improvement districts of Butler, Clermont, Hamilton, Lorain,	78542
Medina, Montgomery, Muskingum, and Stark counties and to the	78543
Rossford Transportation Improvement District in Wood County. Any	78544
grant made under this paragraph is not subject to the restrictions	78545
of appropriation item 195-629, Roadwork Development.	78546

Sec. 555.08. The Department of Transportation shall construct	78547
the major new construction projects selected by the Transportation	78548
Review Advisory Council on December 20, 2006, as Tier I projects	78549
for construction in fiscal years 2007 through 2013 and shall not	78550
undertake other major new construction projects until construction	78551
of such selected Tier I projects has commenced in accordance with	78552
the December 20, 2006, recommendations. However, nothing in this	78553
section shall require the Department of Transportation to	78554
undertake the major new Tier I construction projects selected by	78555
the Transportation Review Advisory Council on December 20, 2006,	78556
ahead of projects selected as Tier I projects prior to that date;	78557
the Department may continue with such previously selected Tier I	78558
projects in accordance with the prior recommendations. The	78559
Transportation Review Advisory Council may recommend additional	78560
major new projects in accordance with the policies promulgated by	78561
the Council, but new Tier I projects shall not be given priority	78562
over Tier I projects recommended on December 20, 2006.	78563

* Section 603.06. That existing Sections 203.50, 209.10,	78564
227.10, and 555.08 of Am. Sub. H.B. 67 of the 127th General	78565
Assembly are hereby repealed.	78566

Section 605.05. That Section 252.70 of Am. Sub. H.B. 530 of	78567
the 126th General Assembly be amended to read as follows:	78568

Reappropriations

Sec. 252.70. OSU OHIO STATE UNIVERSITY

78569

CAP-074	Basic Renovations	$	19,255,664	78570
CAP-149	Basic Renovations - Regional Campuses	$	2,083,163	78571
CAP-198	Brown Hall Annex Replacement	$	6,213	78572
CAP-254	Basic Renovations - ATI	$	127,444	78573
CAP-255	Supplemental Renovations - OARDC	$	2,826,343	78574
CAP-256	Supplemental Renovations - Regional	$	191,955	78575
CAP-258	Dreese Lab Addition	$	12,340	78576
CAP-261	Bioscience/Parks Hall Addition	$	12,584	78577
CAP-269	Greenhouse Modernization	$	40,982	78578
CAP-271	Horticulture/Entomology Greenhouse - OARDC	$	15,344	78579
CAP-292	Life Sciences Research Building	$	202,898	78580
CAP-302	Food Science & Technology Building	$	89,990	78581
CAP-306	Heart & Lung Institute	$	32,437	78582
CAP-311	Superconducting Radiation	$	65,094	78583
CAP-313	Brain Tumor Research Center	$	6,001	78584
CAP-314	Engineering Center Net Shape Manufacturing	$	20,730	78585
CAP-315	Membrane Protein Typology	$	8,835	78586
CAP-316	Instructional and Data Processing Equipment	$	198,844	78587
CAP-321	Fine Particle Technologies	$	157,936	78588
CAP-323	Advanced Plasma Engineering	$	22,379	78589
CAP-324	Plasma Ramparts	$	1,150	78590
CAP-326	IN-SITU AL-BE Composites	$	1,733	78591
CAP-335	Jay Cooke Residence - Roof and Windows	$	86,668	78592
CAP-347	Asbestos Abatement	$	5,325	78593
CAP-349	Materials Network	$	91,983	78594
CAP-350	Bio-Technology Consortium	$	42,378	78595
CAP-352	Analytical Electron Microscope	$	375,000	78596
CAP-353	High Temp Alloys & Alluminoids	$	220,000	78597
CAP-357	Supplemental Renovations - ATI	$	33,969	78598
CAP-361	Maintenance, Receiving, and Storage Facility - Marion	$	58,646	78599
CAP-362	McPherson Lab Rehabilitation	$	10,278	78600
CAP-368	Heart and Lung Institute	$	101,808	78601
CAP-374	ADA Modifications	$	178,870	78602
CAP-375	ADA Modifications - ATI	$	41,936	78603
CAP-376	ADA Modifications - Lima	$	95,538	78604
CAP-377	ADA Modifications - Mansfield	$	15,253	78605
CAP-387	Titanium Alloys	$	54,912	78606
CAP-394	ATI/OARDC Roof Replacements	$	13,913	78607
CAP-398	Advanced Manufacturing	$	38,579	78608
CAP-399	Manufacturing Processes/Materials	$	62,574	78609
CAP-401	Terhertz Studies	$	35,294	78610
CAP-406	Marion Park/Road/Sidewalk/Lights	$	2,750	78611
CAP-413	Pomerene Lighting/Wiring	$	249,584	78612
CAP-419	NMR Consortium	$	75,116	78613
CAP-420	Versatile Film Facility	$	62,872	78614
CAP-421	OCARNET	$	5,916	78615
CAP-422	Bioprocessing Research	$	1,905	78616
CAP-423	Localized Corrosion Research	$	6,128	78617
CAP-424	ATM Testbed	$	3,633	78618
CAP-425	Physical Sciences Building	$	27,748	78619
CAP-427	Morrill Hall Remodeling - Vacated Library Space - Marion	$	1,347,191	78620
CAP-431	Sisson Hall Replacement	$	5,571	78621
CAP-436	Machinery Acoustics	$	3,804	78622
CAP-439	Sensors and Measurements	$	15,115	78623
CAP-440	Polymer Magnets	$	1,099	78624
CAP-458	A1 Alloy Corrosion	$	14,292	78625
CAP-484	Page Hall Planning	$	7,210	78626
CAP-485	Botany & Zoology Building Planning	$	207,932	78627
CAP-486	Larkins Hall Addition/Renovation Planning	$	26,206	78628
CAP-487	Robinson Laboratory Planning	$	149,100	78629
CAP-488	Don Scott Field Replacement Barns	$	1,495,619	78630
CAP-489	Galvin Hall 3rd Floor Renovation - Lima	$	22,135	78631
CAP-491	Horticultural Operations Center - ATI	$	1,474,400	78632
CAP-492	OARDC Feed Mill	$	5,598,644	78633
CAP-499	Biological Sciences Cooling Tower	$	6,930	78634
CAP-509	Mount Hall HVAC Modifications	$	40,982	78635
CAP-519	Ohio Biomedical Consortium on Medical Therapeutic Micro Devices	$	49,275	78636
CAP-520	Plant and Microbe Functional Genomics Facilities	$	16,259	78637
CAP-523	Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials	$	193,886	78638
CAP-524	Bone & Mineral Metabolism Research Lab	$	5,845	78639
CAP-531	Animal & Plant Biology Level 3	$	8,133,780	78640
CAP-534	Main Library Rehabilitation	$	9,320,846	78641
CAP-535	Psychology Building	$	2,128,529	78642
CAP-536	Thorne Hall and Gowley Hall Renovations - Phase 3	$	199,799	78643
CAP-539	Nanosecond Infrared Measurement	$	2,588	78644
CAP-550	Millimeter/Submillimeter Instrument	$	5,919	78645
CAP-552	X-Ray Powder Diffractometer	$	558	78646
CAP-554	Deconvolution Microscope	$	1,101	78647
CAP-556	Heart/Lung Institute Animal Facility	$	13,140	78648
CAP-564	Denney Hall Renovation - Phase I	$	18,495	78649
CAP-565	Ion Mass Spectrometry	$	6,594	78650
CAP-568	Role of Molecular Interfaces	$	17,554	78651
CAP-572	New Millimeter Spectrometer	$	714	78652
CAP-574	Noncredit Job Training - Marion	$	2,933	78653
CAP-576	1224 Kinnear Road - Bale	$	11,722	78654
CAP-577	Non-Silicon Micromachining	$	73,991	78655
CAP-579	Veterinary Hospital Auditorium Renovation	$	7,736	78656
CAP-586	Electroscience Lab Renovation	$	5,853	78657
CAP-587	OARDC Boiler Replacement	$	622,757	78658
CAP-590	Supercomputer Center Expansion	$	6,804,275	78659
CAP-596	Information Literacy	$	135,574	78660
CAP-597	Online Business Major	$	5,768	78661
CAP-599	Renovation of Graves Hall	$	68,196	78662
CAP-602	OARDC Wooster Phone System Replacement	$	467,398	78663
CAP-605	Utility - North Tunnel Steamline Upgrade	$	111,981	78664
CAP-608	Dual Beam Characterization	$	150,000	78665
CAP-616	Environmental Technology Consortium	$	11,297	78666
CAP-617	Campbell, University, and Evans Hall	$	87,439	78667
CAP-620	School of Music - Planning	$	1,500	78668
CAP-622	Western Branch Headquarters & Machinery Building	$	779,525	78669
CAP-624	Muck Crops Branch/Shop Building Replacement	$	756,336	78670
CAP-625	Hazardous Waste Handling/Storage Building	$	1,103,062	78671
CAP-626	Agriculture/Engineering Building Renovation & Addition	$	200,000	78672
CAP-628	Wood County Center for Agriculture	$	1,000,000	78673
CAP-629	Community Heritage Art Gallery - Lima	$	100,000	78674
CAP-631	Health Psychology	$	250,000	78675
CAP-632	Nanotechnology Molecular Assembly	$	500,000	78676
CAP-633	Networking and Communication	$	500,000	78677
CAP-634	Planetary Gear	$	125,000	78678
CAP-635	X-Ray Fluorenscence Spectrometer	$	2,283	78679
CAP-636	Precision Navigation	$	85,000	78680
CAP-637	Welding & Metal Working	$	200,000	78681
CAP-638	Spin Driven Electronics	$	6,436	78682
CAP-639	Inductively Coupled Plasma Etching	$	126,729	78683
CAP-641	Accelerated Metals	$	1,020,331	78684
CAP-642	Mathematical Biosciences Institute	$	54,863	78685
CAP-646	Mershon Auditorium HVAC System Improvements	$	2,098	78686
CAP-647	Molecular Microdevices	$	14,033	78687
CAP-648	Research Center HVAC System Improvements	$	17,088	78688
CAP-649	Infrared Absorption Measurements	$	2,899	78689
CAP-650	Dark Fiber	$	3,983,440	78690
CAP-651	Shared Data Backup System	$	20,922	78691
CAP-653	Third Frontier Network Testbed	$	280,564	78692
CAP-654	Distributed Learning Workshop	$	270,000	78693
CAP-656	Accelerated Maturation of Materials	$	209,702	78694
CAP-657	Nanoscale Polymers Manufacturing	$	629,699	78695
CAP-658	Hydrogen Production and Storage	$	32,396	78696
CAP-659	Ohio Organic Semiconductor	$	367,587	78697
CAP-663	Comprehensive Cancer - Chiller Replacement	$	42,687	78698
CAP-664	Kottman Hall - 103 Central Classroom	$	19,285	78699
CAP-668	West Campus Chilled Water & Scott Hall	$	16,139	78700
CAP-669	McCracken Power Plant Spill Control	$	268,508	78701
CAP-670	Glacial Assessment	$	22,764	78702
CAP-672	Chemical Vapor Deposition	$	13,500	78703
CAP-674	Parks Hall Chiller Replacement	$	135,360	78704
CAP-675	Hybrid Electric Vehicle Modeling	$	504,536	78705
CAP-676	Computational Nanotechnology	$	500,000	78706
CAP-677	Townshend Hall - Roof Replacement	$	328,772	78707
CAP-678	Center For Materials Design	$	1,037	78708
CAP-681	Vet Hospital Roof Replacement Phase II	$	85,645	78709
CAP-682	Hopkins Hall Phase II Priorities I, II	$	108,052	78710
CAP-683	Bioscience 6th Floor Renovation - Priority	$	983,186	78711
CAP-684	Ohio Commons For Digital Education	$	118,924	78712
CAP-685	Postle Hall Fire Alarm Replacement	$	116,441	78713
CAP-686	NonCredit Job Education & Training	$	21,104	78714
CAP-687	Campus South Dorms Renovation/Improvements	$	950,000	78715
CAP-688	Bricker Hall Roof Replacement	$	23,123	78716
CAP-694	Neuroscience Center Core	$	193,991	78717
CAP-696	Campus Grounds-Exterior Lighting - Phase VIII	$	33,814	78718
CAP-697	930 Kinnear Road Renovations	$	773,303	78719
CAP-698	Waterman Lab & Don Scott Field	$	652,752	78720
CAP-699	Lincoln Tower Renovations - Phase 1	$	477,626	78721
CAP-700	Coe Corrosion Coop	$	58,750	78722
CAP-701	OSU Cancer Program Expansion	$	2,000,000	78723
CAP-702	Smith Laboratory Rehabilitation	$	2,800,000	78724
CAP-704	Warner Library and Student Center	$	1,789,324	78725
CAP-705	Hopewell Hall Science Suite	$	508,408	78726
CAP-706	Atomic Force Microscopy	$	180,000	78727
CAP-707	Interactive Applications	$	463,018	78728
CAP-712	OSU Mansfield - Third Street Project	$	234,000	78729
CAP-714	Health Psychology	$	150,000	78730
CAP-716	Ohio Bioproducts Innovation Center	$	9,689,847	78731
CAP-717	Center for Materials Design	$	602,615	78732
CAP-718	Specialized Planetary Gears	$	150,000	78733
CAP-719	OSU Agricultural Building	$	1,500,000	78734
CAP-720	Automated Afm System	$	180,000	78735
CAP-721	Integrated Wireless Communication	$	141,000	78736
Total Ohio State University		$	105,955,671	78737

BASIC RENOVATIONS

78738

The amount reappropriated for the foregoing appropriation	78739
item CAP-074, Basic Renovations, is the sum of the unencumbered	78740
and unallotted balance as of June 30, 2006, in appropriation item	78741
CAP-074, Basic Renovations, plus $6,927.	78742

OARDC THORNE & GOURLEY HALL

78743

The amount reappropriated for the foregoing appropriation	78744
item CAP-274, OARDC Thorne & Gourley Hall shall be $1,007.	78745

WOOD COUNTY CENTER FOR AGRICULTURE

78746

Of the foregoing appropriation item CAP-628, Wood County	78747
Center for Agriculture, up to $300,000 shall be used for building	78748
renovations to the OSU Extension Office/Ag Business Enhancement	78749
Center.	78750

The remainder of appropriation item CAP-628, Wood County	78751
Center for Agriculture, shall be used for an alternative energy	78752
generation project at the East Gypsy Lane Complex in Wood County	78753
or an agricultural energy facility recommended by the Wood County	78754
commissioners.	78755

Section 605.06. That existing Section 252.70 of Am. Sub. H.B.	78756
530 of the 126th General Assembly is hereby repealed.	78757

Section 605.11. That Section 235.30 of Am. Sub. H.B. 530 of	78758
the 126th General Assembly, as amended by Sub. H.B. 251 of the	78759
126th General Assembly, be amended to read as follows:	78760

Reappropriations

Sec. 235.30. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

78761

CAP-809	Hazardous Substance Abatement	$	1,609,476	78762
CAP-811	Health/EPA Laboratory Facilities	$	1,116,354	78763
CAP-822	Americans with Disabilities Act	$	1,598,416	78764
CAP-826	Office Services Building Renovation	$	86,483	78765
CAP-827	Statewide Communications System	$	16,943,803	78766
CAP-834	Capital Project Management System	$	1,157,600	78767
CAP-835	Energy Conservation Projects	$	4,490,085	78768
CAP-837	Major Computer Purchases	$	1,476,068	78769
CAP-838	SOCC Renovations	$	1,399,122	78770
CAP-844	Hamilton State/Local Government Center - Planning	$	57,500	78771
CAP-849	Facility Planning and Development	$	3,492,200	78772
CAP-850	Education Building Renovations	$	14,649	78773
CAP-852	North High Building Complex Renovations	$	11,534,496	78774
CAP-855	Office Space Planning	$	5,274,502	78775
CAP-856	Governor's Residence Security Update	$	6,433	78776
CAP-859	eSecure Ohio	$	2,626,921	78777
CAP-860	Structured Cabling	$	403,518	78778
CAP-864	eGovernment Infrastructure	$	1,297,400	78779
CAP-865	DAS Building Security	$	140,852	78780
CAP-866	OH*1 Network	$	4,000,000	78781
CAP-867	Lausche Building Connector	$	1,307,200	78782
CAP-868	Riversouth Development	$	18,500,000	78783
Total Department of Administrative Services		$	78,533,078	78784

HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES

78785

The foregoing appropriation item CAP-809, Hazardous Substance	78786
Abatement, shall be used to fund the removal of asbestos, PCB,	78787
radon gas, and other contamination hazards from state facilities.	78788

Prior to the release of funds for asbestos abatement, the	78789
Department of Administrative Services shall review proposals from	78790
state agencies to use these funds for asbestos abatement projects	78791
based on criteria developed by the Department of Administrative	78792
Services. Upon a determination by the Department of Administrative	78793
Services that the requesting agency cannot fund the asbestos	78794
abatement project or other toxic materials removal through	78795
existing capital and operating appropriations, the Department may	78796
request the release of funds for such projects by the Controlling	78797
Board. State agencies intending to fund asbestos abatement or	78798
other toxic materials removal through existing capital and	78799
operating appropriations shall notify the Director of	78800
Administrative Services of the nature and scope prior to	78801
commencing the project.	78802

Only agencies that have received appropriations for capital	78803
projects from the Administrative Building Fund (Fund 026) are	78804
eligible to receive funding from this item. Public school	78805
districts are not eligible.	78806

IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT

78807

The foregoing appropriation item CAP-822, Americans with	78808
Disabilities Act, shall be used to renovate state-owned facilities	78809
to provide access for physically disabled persons in accordance	78810
with Title II of the Americans with Disabilities Act.	78811

Prior to the release of funds for renovation, state agencies	78812
shall perform self-evaluations of state-owned facilities	78813
identifying barriers to access to service. State agencies shall	78814
prioritize access barriers and develop a transition plan for the	78815
removal of these barriers. The Department of Administrative	78816
Services shall review proposals from state agencies to use these	78817
funds for Americans with Disabilities Act renovations.	78818

Only agencies that have received appropriations for capital	78819
projects from the Administrative Building Fund (Fund 026) are	78820
eligible to receive funding from this item. Public school	78821
districts are not eligible.	78822

MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM

78823

~~There is hereby continued a Multi-Agency Radio Communications~~	78824
~~System (MARCS) Steering Committee consisting of the designees of~~	78825
~~the Directors of the Office of Information Technology, Public~~	78826
~~Safety, Natural Resources, Transportation, Rehabilitation and~~	78827
~~Correction, and Budget and Management. The Director of the Office~~	78828
~~of Information Technology or the Director's designee shall chair~~	78829
~~the Committee. The Committee shall provide assistance to the~~	78830
~~Director of the Office of Information Technology for effective and~~	78831
~~efficient implementation of the MARCS system as well as develop~~	78832
~~policies for the ongoing management of the system. Upon dates~~	78833
~~prescribed by the Directors of the Office of Information~~	78834
~~Technology and Budget and Management, the MARCS Steering Committee~~	78835
~~shall report to the Directors on the progress of MARCS~~	78836
~~implementation and the development of policies related to the~~	78837
~~system.~~	78838

The foregoing appropriation item CAP-827, Statewide	78839
Communications System, shall be used to purchase or construct the	78840
components of MARCS that are not specific to any one agency. The	78841
equipment may include, but is not limited to, multi-agency	78842
equipment at the Emergency Operations Center/Joint Dispatch	78843
Facility, computer and telecommunication equipment used for the	78844
functioning and integration of the system, communications towers,	78845
tower sites, tower equipment, and linkages among towers and	78846
between towers and the State of Ohio Network for Integrated	78847
Communication (SONIC) system. The ~~Director of the Office of~~	78848
~~Information Technology~~State Chief Information Officer shall, with	78849
the concurrence of the MARCS Steering Committee, determine the	78850
specific use of funds.	78851

The amount reappropriated for the foregoing appropriation	78852
item CAP-827, Statewide Communications System, is the unencumbered	78853
and unallotted balance as of June 30, 2006, in appropriation item	78854
CAP-827, Statewide Communications System, plus $623,665.11.	78855

Spending from this appropriation item shall not be subject to	78856
Chapters 123. and 153. of the Revised Code.	78857

ENERGY CONSERVATION PROJECTS

78858

The foregoing appropriation item CAP-835, Energy Conservation	78859
Projects, shall be used to perform energy conservation	78860
renovations, including the United States Environmental Protection	78861
Agency's Energy Star Program, in state-owned facilities. Prior to	78862
the release of funds for renovation, state agencies shall have	78863
performed a comprehensive energy audit for each project. The	78864
Department of Administrative Services shall review and approve	78865
proposals from state agencies to use these funds for energy	78866
conservation. Public school districts and state-supported and	78867
state-assisted institutions of higher education are not eligible	78868
for funding from this item.	78869

The amount reappropriated for the foregoing appropriation	78870
item CAP-835, Energy Conservation Projects, is the unencumbered	78871
and unallotted balance as of June 30, 2006, in appropriation item	78872
CAP-835, Energy Conservation Projects, plus $3,600,000.	78873

NORTH HIGH BUILDING COMPLEX RENOVATIONS

78874

The amount reappropriated for the foregoing appropriation	78875
item CAP-852, North High Building Complex Renovations, is the	78876
unencumbered and unallotted balance as of June 30, 2006, in	78877
appropriation item CAP-852, North High Building Complex	78878
Renovations, plus the sum of the unencumbered and unallotted	78879
balance for appropriation item CAP-813, Heer Building Renovation	78880
as of June 30, 2006.	78881

Section 605.12. That existing Section 235.30 of Am. Sub. H.B.	78882
530 of the 126th General Assembly, as amended by Sub. H.B. 251 of	78883
the 126th General Assembly is hereby repealed.	78884

Section 605.17. That Sections 227.10, 235.10.50, 235.50.80,	78885
and 329.10 of Am. Sub. H.B. 699 of the 126th General Assembly be	78886
amended to read as follows:	78887

Sec. 227.10. All items set forth in this section are hereby	78888
appropriated out of any moneys in the state treasury to the credit	78889
of the Cultural and Sports Facilities Building Fund (Fund 030),	78890
that are not otherwise appropriated.	78891

Appropriations

AFC CULTURAL FACILITIES COMMISSION

78892

CAP-734	Hayes Center Renov & Repairs	$	300,000	78893
CAP-745	Renovations and Repairs	$	850,000	78894
CAP-763	Historic Site Signage	$	250,000	78895
CAP-770	Serpent Mound Improvements	$	340,000	78896
CAP-781	Information Technology Project	$	364,000	78897
CAP-784	Center Rehabilitation	$	1,035,000	78898
CAP-803	Digitization of Collections	$	300,000	78899
CAP-809	Exhibit Replace/Orientation	$	415,000	78900
CAP-910	Collections Facility Planning	$	1,240,000	78901
CAP-911	W.P. Snyder Restoration	$	876,000	78902
CAP-912	Lockington Locks Restoration	$	172,000	78903

CAP-913	Huntington Park	$	7,000,000	78904
CAP-914	Schuster Center for the Performing Arts	$	5,500,000	78905
CAP-916	Cincinnati Symphony Orchestra - Riverbend	$	3,000,000	78906
CAP-917	Marina District Amphitheatre	$	2,900,000	78907
CAP-918	Cincinnati Museum Center	$	2,000,000	78908
CAP-919	National Underground Railroad Freedom Center	$	2,000,000	78909
CAP-920	Cincinnati Sports Facility Improvements	$	2,000,000	78910
CAP-921	Pro Football Hall of Fame	$	1,650,000	78911
CAP-922	Heritage Center of Dayton Manufacturing & Entrepreneurship	$	1,300,000	78912
CAP-923	Western Reserve Historical Society	$	1,000,000	78913
CAP-925	COSI Columbus	$	1,000,000	78914
CAP-926	Columbus Museum of Art	$	1,000,000	78915
CAP-927	Mason ATP Tennis Center	$	1,300,000	78916
CAP-928	Stan Hywet Hall and Gardens	$	1,175,000	78917
CAP-929	Akron Art Museum	$	1,000,000	78918
CAP-930	Sauder Village	$	830,000	78919
CAP-931	Horvitz Center for the Arts	$	750,000	78920
CAP-932	Ensemble Theatre	$	750,000	78921
CAP-933	Voice of America Museum	$	750,000	78922
CAP-934	Cleveland Steamship Mather	$	600,000	78923
CAP-935	Cuyahoga County Soldiers' and Sailors Monument	$	500,000	78924
CAP-936	King-Lincoln Arts & Entertainment District	$	500,000	78925
CAP-937	Art Academy of Cincinnati	$	500,000	78926
CAP-938	Great Lakes Historical Society	$	500,000	78927
CAP-939	McKinley Museum	$	425,000	78928
CAP-940	Charles A. Eulett Education Center and Appalachian Museum	$	300,000	78929
CAP-942	Davis Shai Historical Facility	$	300,000	78930
CAP-943	Massillon Museum	$	275,000	78931
CAP-944	The Mandel Center	$	250,000	78932
CAP-945	Worthington Arts Center	$	250,000	78933
CAP-946	CCAD	$	250,000	78934
CAP-947	BalletMet	$	250,000	78935
CAP-948	Stambaugh Hall Improvements	$	250,000	78936
CAP-949	Youngstown Symphony Orchestra	$	250,000	78937
CAP-950	Wood County Historical Center & Museum	$	220,000	78938
CAP-951	Harding Memorial	$	210,000	78939
CAP-952	Cincinnati Ballet	$	200,000	78940
CAP-953	City of Avon Stadium Complex	$	200,000	78941
CAP-954	Renaissance Performing Arts Center	$	200,000	78942
CAP-956	Oxford Arts Center Historic Renovation	$	174,000	78943
CAP-957	Wayne County Historical Society - Lincoln Highway	$	170,000	78944
CAP-958	Maumee Valley Historical Society	$	150,000	78945
CAP-959	Trumbull County Historical Society	$	150,000	78946
CAP-960	First Lunar Flight Project	$	25,000	78947
CAP-961	Holmes County Historical Society Improvements	$	140,000	78948
CAP-962	Canal Winchester Historical Society	$	125,000	78949
CAP-963	Ukrainian Museum	$	100,000	78950
CAP-964	Gordon Square Arts District	$	100,000	78951
CAP-965	Moreland Theatre Renovation	$	100,000	78952
CAP-966	Karamu House	$	100,000	78953
CAP-967	Symmes Township Historical Society - Ross House	$	100,000	78954
CAP-968	Springfield Veterans Park Amphitheatre	$	100,000	78955
CAP-969	Gallia County Historical Genealogical Society	$	100,000	78956
CAP-970	Gallia County French Art Colony	$	100,000	78957
CAP-971	The Octagon House	$	100,000	78958
CAP-972	Vinton County Stages - Pavilion Project	$	100,000	78959
CAP-973	County Line Historical Society (Wayne/Holmes)	$	100,000	78960
CAP-974	Paul Brown Museum	$	75,000	78961
CAP-975	The Works - Ohio Center for History, Art and Technology	$	75,000	78962
CAP-976	Van Wert Historical Society	$	70,000	78963
CAP-977	Indian Mill Renovations	$	66,000	78964
CAP-978	Hale Farm & Village	$	50,000	78965
CAP-979	Howe House Historic Site	$	50,000	78966
CAP-980	Beavercreek Community Theatre	$	50,000	78967
CAP-981	Jamestown Opera House	$	50,000	78968
CAP-982	Johnny Appleseed Museum	$	50,000	78969
CAP-983	Vinton County Historical Society - Alice's House Project	$	50,000	78970
CAP-984	Woodward Opera House	$	50,000	78971
CAP-985	Little Brown Jug Facility Improvements	$	50,000	78972
CAP-986	Applecreek Historical Society	$	50,000	78973
CAP-987	Wyandot Historic Building Renovation	$	50,000	78974
CAP-988	Galion Historic Big Four Depot Restoration	$	30,000	78975
CAP-989	Bucyrus Historic Depot Renovations	$	30,000	78976
CAP-990	Myers Historical Stagecoach Inn Renovation	$	25,000	78977
CAP-991	Arts West Performing Arts Center	$	25,000	78978
CAP-992	Chester Academy Historic Building	$	25,000	78979
CAP-993	Portland Civil War Museum and Historic Displays	$	25,000	78980
CAP-994	Morgan County Historic Opera House	$	25,000	78981
CAP-996	Crawford Antique Museum	$	9,000	78982
CAP-997	Monroe City Historical Society Building Repairs	$	5,000	78983
CAP-998	Wright-Dunbar Historical	$	250,000	78984
~~CAP-041~~	~~Cleveland Playhouse~~	$	~~200,000~~	78985
CAP-081	Hip Klotz Memorial Facility Improvements	$	150,000	78986
CAP-082	Music Hall Garage	$	1,000,000	78987
CAP-083	AB Graham Center	$	40,000	78988
CAP-084	Bradford Ohio Railroad Museum Restoration	$	30,000	78989
CAP-085	WACO Aircraft Museum	$	30,000	78990
CAP-086	Fort Recovery Renovations	$	100,000	78991
CAP-087	Columbus Children's Hospital Amphitheater	$	1,000,000	78992
Total Cultural Facilities Commission		$	~~55,296,000~~ 55,096,000	78993
TOTAL Cultural and Sports Facilities Building Fund		$	~~55,296,000~~ 55,096,000	78994

Sec. 235.10.50. THIRD FRONTIER WRIGHT CAPITAL

78996

Notwithstanding sections 151.01 and 151.04 of the Revised	78997
Code, of the foregoing appropriation item CAP-068, Third Frontier	78998
Wright Capital, up to $11,400,000 in fiscal year 2008 shall be	78999
used by the Office of Information Technology, in partnership with	79000
the Ohio Supercomputer Center's OSCnet, to acquire the equipment	79001
and services necessary to migrate state agencies' network to the	79002
existing OSCnet network backbone. This state network shall be	79003
known as the NextGen Network.	79004

The remainder of foregoing appropriation item CAP-068, Third	79005
Frontier Wright Capital, shall be used to acquire, renovate, or	79006
construct facilities and purchase equipment for research programs,	79007
technology development, product development, and commercialization	79008
programs at or involving state-supported and state-assisted	79009
institutions of higher education. The funds shall be used to make	79010
grants awarded on a competitive basis, and shall be administered	79011
by the Third Frontier Commission. Expenditure of these funds shall	79012
comply with Section 2n of Article VIII, Ohio Constitution, and	79013
sections 151.01 and 151.04 of the Revised Code for the period	79014
beginning July 1, 2006, and ending June 30, 2008.	79015

The Third Frontier Commission shall develop guidelines	79016
relative to the application for and selection of projects funded	79017
from appropriation item CAP-068, Third Frontier Wright Capital.	79018
The Commission may develop these guidelines in consultation with	79019
other interested parties. The Board of Regents and all	79020
state-assisted and state-supported institutions of higher	79021
education shall take all actions necessary to implement grants	79022
awarded by the Third Frontier Commission.	79023

The foregoing appropriation item CAP-068, Third Frontier	79024
Wright Capital, for which an appropriation is made from the Higher	79025
Education Improvement Fund (Fund 034), is determined to consist of	79026
capital improvements and capital facilities for state-supported	79027
and state-assisted institutions of higher education, and is	79028
designated for the capital facilities to which proceeds of	79029
obligations in the Higher Education Improvement Fund (Fund 034)	79030
are to be applied.	79031

Appropriations

Sec. 235.50.80. STC STARK TECHNICAL COLLEGE

79032

CAP-004	Basic Renovations	$	277,804	79033
CAP-039	Health & Science Building	$	5,097,338	79034
Total Stark Technical College		$	5,375,142	79035
Total Board of Regents and				79036
Institutions of Higher Education		$	~~578,636,534~~ 578,836,534	79037
TOTAL Higher Education Improvement Fund		$	~~579,946,534~~ 580,146,534	79038

Sec. 329.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

79040

The Ohio Administrative Knowledge System (OAKS) shall be an	79041
enterprise resource planning system that replaces the state's	79042
central services infrastructure systems, including the Central	79043
Accounting System, the Human Resources/Payroll System, the Capital	79044
Improvements Projects Tracking System, the Fixed Assets Management	79045
System, and the Procurement System. The ~~Department of~~	79046
~~Administrative Services, in conjunction with the Office of Budget~~	79047
~~and Management,~~Office of Information Technology may acquire the	79048
system, including, but not limited to, the enterprise resource	79049
planning software and installation and implementation thereof	79050
pursuant to Chapter 125. of the Revised Code. Any lease-purchase	79051
arrangement utilized under Chapter 125. of the Revised Code,	79052
including any fractionalized interest therein as defined in	79053
division (N) of section 133.01 of the Revised Code, shall provide	79054
at the end of the lease period that OAKS shall become the property	79055
of the state.	79056

Section 605.18. That existing Sections 227.10, 235.10.50,	79057
235.50.80, and 329.10 of Am. Sub. H.B. 699 of the 126th General	79058
Assembly are hereby repealed.	79059

Section 605.20. That Section 235.20.20 of Am. Sub. H.B. 699	79060
of the 126th General Assembly, as subsequently amended by Am. Sub.	79061
H.B. 67 of the 127th General Assembly, be amended to read as	79062
follows:	79063

Appropriations

Sec. 235.20.20. CLS CLEVELAND STATE UNIVERSITY

79064

CAP-023	Basic Renovations	$	3,796,031	79065
CAP-125	College of Education	$	10,115,719	79066
CAP-148	Cleveland Institute of Art	$	1,000,000	79067
CAP-155	Cleveland Playhouse	$	200,000	79068
CAP-163	Anthropology Department Renovations/Relocation	$	400,000	79069
CAP-164	Chester Building Annex Demolition	$	921,583	79070
CAP-165	Bakers Building Renovations	$	1,328,583	79071
CAP-167	Cleveland State University Windtower Generator Project	$	400,000	79072
CAP-168	Kenston Wind Turbine Project in Geauga (CSU Engineering Department)	$	300,000	79073
Total Cleveland State University		$	~~18,261,916~~ 18,461,916	79074

Section 605.21. That existing Section 235.20.20 of Am. Sub.	79076
H.B. 699 of the 126th General Assembly, as subsequently amended by	79077
Am. Sub. H.B. 67 of the 127th General Assembly, is hereby	79078
repealed.	79079

Section 605.23. That Section 203.20 of Sub. S.B. 321 of the	79080
126th General Assembly be amended to read as follows:	79081

Sec. 203.20. AGO ATTORNEY GENERAL

79082

Tobacco Master Settlement Agreement Fund Group

79083

J87	055-635	Law Enforcement Technology, Training, and Facility Enhancements	$	620,000		$	0 3,350,000	79084
U87	055-402	Tobacco Settlement Oversight, Administration, and Enforcement	$	673,797		$	723,797	79085
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,293,797		$	~~723,797~~ 4,073,797	79086
TOTAL ALL BUDGET FUND GROUPS			$	1,293,797		$	~~723,797~~	79087
			4,073,797		79088

Section 605.24. That existing Section 203.20 of Sub S.B. 321	79090
of the 126th General Assembly is hereby repealed.	79091

Section 621.05. That Section 153 of Am. Sub. H.B. 117 of the	79092
121st General Assembly, as most recently amended by Am. Sub. H.B.	79093
66 of the 126th General Assembly, be amended to read as follows:	79094

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	79095
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	79096
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	79097
repealed, effective October 16, ~~2007~~2009.	79098

(B) Any money remaining in the Legislative Budget Services	79099
Fund on October 16, ~~2007~~2009, the date that section 5112.19 of	79100
the Revised Code is repealed by division (A) of this section,	79101
shall be used solely for the purposes stated in then former	79102
section 5112.19 of the Revised Code. When all money in the	79103
Legislative Budget Services Fund has been spent after then former	79104
section 5112.19 of the Revised Code is repealed under division (A)	79105
of this section, the fund shall cease to exist.	79106

Section 621.06. That existing Section 153 of Am. Sub. H.B.	79107
117 of the 121st General Assembly, as most recently amended by Am.	79108
Sub. H.B. 66 of the 126th General Assembly, is hereby repealed.	79109

Section 631.04. That Section 3 of Am. Sub. H.B. 694 of the	79110
126th General Assembly is hereby repealed.	79111

Section 631.05. The amendments to sections 3517.13 and	79112
3517.992 of the Revised Code by Am. Sub. H.B. 694 of the 126th	79113
General Assembly shall apply only to contributions made on or	79114
after January 1, 2007.	79115

Section 631.06. The provisions of sections 631.04 and 631.05	79116
of this act clarify the General Assembly's original intent in	79117
enacting Am. Sub. H.B. 694 of the 126th General Assembly, are	79118
remedial in nature, and apply to contracts awarded on or after the	79119
effective date of that act.	79120

Section 701.10. Not later than thirty days after the	79121
effective date of this section, the Director of Development shall	79122
convene a task force composed of experts from the economic	79123
development community, local governments, and consultants involved	79124
in the site selection and negotiation process to study the	79125
economic development incentives that are available to local	79126
governments, regional groups, and the state. Not later than	79127
January 1, 2008, the Director shall submit a written report to the	79128
Speaker of the House of Representatives and the President of the	79129
Senate on the findings of the task force and make recommendations	79130
for changes to Ohio's local, regional, and state economic	79131
development incentives so that those incentives are more effective	79132
in strengthening Ohio's economy and are less complex, faster to	79133
implement, and more transparent to the taxpayers of Ohio.	79134

Section 703.10. The Governor's Office of Faith-Based and	79135
Community Initiatives, with the assistance of the Advisory Board	79136
of the Governor's Office of Faith-Based and Community Initiatives,	79137
shall conduct a study of the feasibility and advisability of the	79138
Office becoming a private nonprofit entity rather than a part of	79139
the Governor's office. The study and any resulting recommendations	79140
shall be submitted, not later than July 1, 2008, to the Governor,	79141
the Speaker of the House of Representatives, the President of the	79142
Senate, and the Minority Leaders of the House of Representatives	79143
and the Senate.	79144

Section 706.03. (A) As used in this section, "appointing	79145
authority" has the same meaning as in section 124.01 of the	79146
Revised Code, and "exempt employee" has the same meaning as in	79147
section 124.152 of the Revised Code.	79148

(B) Notwithstanding section 124.181 of the Revised Code, both	79149
of the following apply:	79150

(1) In cases where no vacancy exists, an appointing authority	79151
may, with the written consent of an exempt employee, assign duties	79152
of a higher classification to that exempt employee for a period of	79153
time not to exceed two years, and that exempt employee shall	79154
receive compensation at a rate commensurate with the duties of the	79155
higher classification.	79156

(2) If necessary, exempt employees who are assigned to duties	79157
within their agency to maintain operations during the Ohio	79158
Administrative Knowledge System (OAKS) implementation may agree to	79159
a temporary assignment that exceeds the two-year limit.	79160

Section 737.10. Notwithstanding any provision of law to the	79161
contrary, on January 1, 2008, the terms of office of the members	79162
of the Sewage Treatment System Technical Advisory Committee	79163
created in section 3718.03 of the Revised Code whose terms expire	79164
in 2008 and in 2009 shall terminate. The appointing authorities	79165
specified in divisions (A)(1), (2), and (3) of that section as	79166
amended by this act, the Governor, the President of the Senate,	79167
and the Speaker of the House of Representatives, shall appoint new	79168
members to the Committee in accordance with that section to	79169
replace the members whose terms are terminated. However, members	79170
appointed to replace the members whose terms were to expire in	79171
2009 shall be appointed for a term of four years instead of three	79172
years as required by section 3718.03 of the Revised Code. Members	79173
whose terms expire on January 1, 2008, by the operation of this	79174
section may be reappointed by the Governor, President of the	79175
Senate, or Speaker of the House of Representatives in accordance	79176
with this section and section 3718.03 of the Revised Code.	79177

Section 737.11. (A) There is hereby created the Household	79178
Sewage and Small Flow On-Site Sewage Treatment System Study	79179
Commission consisting of the following members:	79180

(1) A representative of the Department of Health appointed by	79181
the Director of Health;	79182

(2) A representative of the Environmental Protection Agency	79183
appointed by the Director of Environmental Protection;	79184

(3) A representative of the Department of Natural Resources	79185
appointed by the Director of Natural Resources;	79186

(4) Five members appointed by the Association of Ohio Health	79187
Commissioners, one of whom shall be from the northwest region of	79188
the state, one of whom shall be from the northeast region of the	79189
state, one of whom shall be from the southwest region of the	79190
state, one of whom shall be from the southeast region of the	79191
state, and one of whom shall be from the central region of the	79192
state. In making the appointments, special consideration shall be	79193
given to a county in which at least twenty-five per cent of the	79194
parcels of land are serviced by sewage treatment systems.	79195

(5) One member appointed by the Association of Ohio	79196
Pedologists;	79197

(6) One member appointed by the County Commissioners	79198
Association of Ohio;	79199

(7) One member appointed by the County Engineers Association	79200
of Ohio;	79201

(8) One member appointed by the Ohio Association of Realtors;

79202

(9) One member appointed by the Ohio Environmental Council;

79203

(10) One member appointed by the Ohio Environmental Health	79204
Association;	79205

(11) One member appointed by the Ohio Home Builders	79206
Association;	79207

(12) One member appointed by the Ohio Manufactured Housing	79208
Association;	79209

(13) One member appointed by the Ohio Onsite Wastewater	79210
Association;	79211

(14) One member appointed by the Ohio Precast Concrete	79212
Association;	79213

(15) One member appointed by the Ohio Public Health	79214
Association;	79215

(16) One member appointed by the Ohio State University	79216
Extension;	79217

(17) One member appointed by the Ohio Township Association;

79218

(18) One member appointed by the Ohio Waste Haulers	79219
Association;	79220

(19) Three members of the House of Representatives appointed	79221
by the Speaker of the House of Representatives, two from the	79222
majority party and one from the minority party;	79223

(20) Three members of the Senate appointed by the President	79224
of the Senate, two from the majority party and one from the	79225
minority party;	79226

(21) One member appointed by the Ohio Farm Bureau Federation;

79227

(22) One member appointed by the Ohio Farmers Union.

79228

(B) All appointments shall be made to the Commission not	79229
later than thirty days after the effective date of this section.	79230
One member of the Senate and one member of the House of	79231
Representatives jointly designated by the President of the Senate	79232
and the Speaker of the House of Representatives shall serve as	79233
co-chairpersons of the Commission. The Commission shall hold its	79234
first meeting not later than sixty days after the effective date	79235
of this section and shall hold regular meetings as necessary after	79236
the initial meeting.	79237

(C) The Commission shall study issues concerning household	79238
sewage treatment systems and small flow on-site sewage treatment	79239
systems and shall recommend appropriate legislation to the General	79240
Assembly establishing reasonable standards for the siting, design,	79241
installation, operation, monitoring, maintenance, and abandonment	79242
of household sewage treatment systems and small flow on-site	79243
sewage treatment systems for the purpose of preventing public	79244
health nuisances. In making recommendations regarding such	79245
standards, the Commission shall consider the economic impact of	79246
those standards on property owners, the state of technology	79247
currently utilized in household sewage treatment systems and small	79248
flow on-site sewage treatment systems, and the nature and	79249
economics of available alternatives to that technology. The	79250
Commission also shall explore and establish recommendations	79251
regarding funding sources for and mechanisms for providing	79252
assistance to homeowners for paying the cost of compliance with	79253
the new proposed standards.	79254

(D) Not later than December 1, 2008, the Commission shall	79255
submit a report of its findings and recommendations to the	79256
Governor, the President of the Senate, and the Speaker of the	79257
House of Representatives. Upon the submission of the report, the	79258
Commission shall cease to exist.	79259

(E) As used in this section and Section 737.12 of this act,	79260
"household sewage treatment system" and "small flow on-site sewage	79261
treatment system" have the same meanings as in section 3718.01 of	79262
the Revised Code.	79263

Section 737.12. (A) The Director of Health shall issue a	79264
report to the Household Sewage and Small Flow On-Site Sewage	79265
Treatment System Study Commission created in Section 737.11 of	79266
this act that includes recommendations regarding standards for the	79267
siting, design, installation, operation, monitoring, maintenance,	79268
and abandonment of household sewage treatment systems and small	79269
flow on-site sewage treatment systems. The recommendations shall	79270
include information concerning the cost and state of technology	79271
currently utilized in household sewage treatment systems and small	79272
flow on-site sewage treatment systems and the nature and economics	79273
of available alternatives to that technology. The Director shall	79274
issue the report to the Commission not later than January 1, 2008.	79275

(B) The Director shall conduct a survey of boards of health	79276
in this state concerning household sewage treatment system	79277
operations and the failure rates of those systems. The Director	79278
shall issue a report concerning the survey to the Household Sewage	79279
and Small Flow On-Site Sewage Treatment System Study Commission	79280
not later than June 1, 2008. Boards of health shall provide, in a	79281
timely manner, any and all relevant information pertaining to the	79282
household sewage treatment system program that is requested by the	79283
Director under this division and that the Director determines to	79284
be necessary for completion of the survey.	79285

Section 737.20. In enacting section 5.2235 of the Revised	79286
Code, the members of the General Assembly call on the people of	79287
this state to recognize the important role that a nutritious diet	79288
plays in their health and well-being. The members of the General	79289
Assembly are aware that according to the United States Department	79290
of Health and Human Services, dietary changes could reduce cancer	79291
deaths in the United States by as much as thirty-five per cent.	79292
Only twenty-five per cent of American adults eat the recommended	79293
servings of fruits and vegetables each day. More than sixty per	79294
cent of young Americans eat too much fat, and less than twenty per	79295
cent eat the recommended servings of fruits and vegetables. The	79296
members of the General Assembly thus encourage all the people of	79297
this state to review both the United States Department of Health	79298
and Human Services' "Dietary Guidelines for Americans" and the	79299
United States Department of Agriculture's food pyramid	79300
recommendations and to work toward developing a nutritious	79301
lifestyle.	79302

Section 737.21. In enacting section 5.2235 of the Revised	79303
Code, the members of the General Assembly also call on the people	79304
of this state to make daily exercise a priority. The members of	79305
the General Assembly are aware that according to the United States	79306
Center for Disease Control and Prevention, twenty-six per cent of	79307
all Ohioans report no leisure time or physical activity, and sixty	79308
per cent of Ohioans are overweight or obese, which is the	79309
thirteenth highest level in the United States. The members of the	79310
General Assembly thus encourage individuals, community	79311
organizations, local governments, and schools, when holding	79312
celebrations, to include physical and athletic activities and to	79313
work toward the goal of a state whose citizens are healthy,	79314
active, and physically fit.	79315

Section 737.30. The amendment to section 3745.04 of the	79316
Revised Code by this act applies to any action of the Director of	79317
Environmental Protection that is the subject of an appeal to the	79318
Environmental Review Appeals Commission that is already pending on	79319
the effective date of the amendment to that section by this act as	79320
well as to actions appealed after the effective date of that	79321
amendment.	79322

Section 739.10. Section 3905.36 of the Revised Code is	79323
amended by this act for the purpose of clarifying the intent of	79324
the 126th General Assembly when it amended division (B)(4) of	79325
section 3905.36 of the Revised Code. Notwithstanding any provision	79326
of section 3905.36 of the Revised Code to the contrary, all	79327
agencies and departments of the state or any political subdivision	79328
shall apply the legislative intent from this amendment as of	79329
January 1, 2007.	79330

Section 745.10. (A) The enactment of section 4517.261 of the	79331
Revised Code is intended as a clarification of existing law	79332
allowing documentary service charges to be assessed in all retail	79333
and wholesale sales and leases of motor vehicles, including those	79334
involving a retail installment sale and those not involving a	79335
retail installment sale, including leases, cash transactions, and	79336
transactions in which consumers obtain their own financing.	79337

(B) The enactment of section 4517.261 of the Revised Code	79338
expresses the legislative intent of the General Assembly currently	79339
and at the time of the original enactment of the Revised Code by	79340
recognizing that motor vehicle dealers may charge, and	79341
historically have charged, a documentary service charge in all	79342
transactions, including those involving a retail installment sale	79343
and those not involving a retail installment sale, including	79344
leases, cash transactions, and transactions in which consumers	79345
obtain their own financing.	79346

Section 747.10. (A) There is hereby created the Nursing	79347
Education Study Committee consisting of the following members:	79348

(1) Two members of the House of Representatives who are	79349
members of the same political party as the Speaker of the House of	79350
Representatives, to be appointed by the Speaker of the House of	79351
Representatives;	79352

(2) One member of the House of Representatives who is a	79353
member of the largest political party of which the Speaker of the	79354
House of Representatives is not a member, to be appointed by the	79355
Speaker of the House of Representatives;	79356

(3) Two members of the Senate who are members of the same	79357
political party as the President of the Senate, to be appointed by	79358
the President of the Senate, one of whom shall be designated as	79359
the temporary chairperson of the Committee;	79360

(4) One member of the Senate who is a member of the largest	79361
political party of which the President of the Senate is not a	79362
member, to be appointed by the President of the Senate;	79363

(5) One member of the Ohio Nurses Association, to be	79364
appointed by the Ohio Nurses Association;	79365

(6) One member of the Licensed Practical Nurse Association of	79366
Ohio, to be appointed by the Licensed Practical Nurse Association	79367
of Ohio;	79368

(7) One member of the Ohio Board of Nursing, to be appointed	79369
by the Ohio Board of Nursing;	79370

(8) One member of the Ohio Board of Regents, to be appointed	79371
by the Ohio Board of Regents;	79372

(9) One member of the Ohio Hospital Association, to be	79373
appointed by the Ohio Hospital Association;	79374

(10) One member of the Ohio Association of Community Health	79375
Agencies, to be appointed by the Ohio Association of Community	79376
Health Agencies;	79377

(11) One nursing educator from an associate degree nursing	79378
program, to be appointed by the Speaker of the House of	79379
Representatives;	79380

(12) One nursing educator from a baccalaureate degree nursing	79381
program, to be appointed by the Speaker of the House of	79382
Representatives;	79383

(13) One nursing educator from a graduate degree nursing	79384
program, to be appointed by the Speaker of the House of	79385
Representatives;	79386

(14) One nursing educator from a private university with a	79387
nursing education program, to be appointed by the President of the	79388
Senate;	79389

(15) One nursing educator from a state university with a	79390
nursing education program, to be appointed by the President of the	79391
Senate.	79392

(B) Appointments to the Committee shall be made not later	79393
than September 1, 2007. Members of the Committee shall serve	79394
without compensation.	79395

(C) The member of the Committee designated as the temporary	79396
chairperson shall call the initial meeting of the Committee. At	79397
that initial meeting, the Committee shall elect a chairperson, by	79398
majority vote, from among its members. Thereafter, the chairperson	79399
shall call meetings as the chairperson considers necessary for the	79400
Committee to carry out its duties.	79401

(D)(1) The Committee shall study the current nurse faculty	79402
shortage and the shortage of clinical placement sites for nursing	79403
education programs, with a focus on the critical needs of nursing	79404
faculty at Ohio's institutions of higher education and	79405
alternatives to clinical placement sites.	79406

(2) In conducting the study required under division (D)(1) of	79407
this section, the Committee shall consider, but is not limited to,	79408
all of the following:	79409

(a) Salary disparities for nursing faculty members as	79410
compared to faculty members in other disciplines and as compared	79411
to salaries for master's degree-prepared nurses in health care	79412
settings;	79413

(b) The feasibility and financial implications of providing a	79414
refundable state income tax credit to nursing faculty members for	79415
a specified limited period of time;	79416

(c) The feasibility and financial implications of providing	79417
assistantships at a stipend level to nurses pursuing master's	79418
degrees or doctoral study who agree to become nursing faculty	79419
members in Ohio;	79420

(d) The extent to which clinical simulation devices could be	79421
used to decrease the number of hours nursing students are required	79422
to spend providing care directly to patients in a clinical	79423
setting, including the portion of clinical hours that could be	79424
obtained in a clinical simulation laboratory;	79425

(e) The disparity in the number of clinical hours students	79426
are required to complete in Ohio nursing education programs;	79427

(f) The extent to which nursing education programs are	79428
adequately preparing nurses to provide care in community or public	79429
health settings, particularly to the geriatric population;	79430

(g) Ways in which nurses may be more effectively utilized to	79431
train or educate health care workers providing care in community	79432
or public health settings.	79433

(3) Not later than December 31, 2008, the Committee shall	79434
prepare and submit a report to the General Assembly that focuses	79435
on the following topics and also includes a recommendation for a	79436
range of clinical hours nursing students shall be required to	79437
complete to assure adequate practice experience:	79438

(a) Strategies to produce more nursing faculty;

79439

(b) Ways to address the issue of insufficient clinical	79440
placement opportunities.	79441

Upon submission of the report, the Committee shall cease to	79442
exist.	79443

(E) Sections 101.82 to 101.87 of the Revised Code do not	79444
apply to the Committee.	79445

Section 749.10. Consistent with divisions (A)(6) to (A)(8) of	79446
section 4927.02 of the Revised Code, the Public Utilities	79447
Commission shall establish a study mechanism to make	79448
recommendations for a competitively neutral telecommunications	79449
relay service funding program for costs incurred in calendar year	79450
2009 and thereafter and submit the recommendations to the General	79451
Assembly by January 1, 2009.	79452

Section 751.10. The Director of Job and Family Services and	79453
the Director of Development jointly shall prepare a plan to	79454
utilize the funds the state receives to administer the federal	79455
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801,	79456
as amended, to train workers within this state and jointly shall	79457
submit that plan to the Governor, the President of the Senate, and	79458
the Speaker of the House of Representatives within one year after	79459
the effective date of this section.	79460

Section 751.20. The Department of Job and Family Services	79461
shall provide guidance to local workforce policy boards to	79462
encourage the broadest participation by training providers,	79463
including those providers who are proprietary schools, who	79464
demonstrate effectiveness in providing training opportunities to	79465
eligible Ohioans under the "Workforce Investment Act of 1998," 112	79466
Stat. 936, 29 U.S.C. 2801, as amended.	79467

Section 753.10. The duties of an owner of residential rental	79468
property to comply with and of a county auditor to accept	79469
compliance with sections 5323.01, 5323.02, 5323.03, 5323.04, and	79470
5323.99 of the Revised Code in a county are tolled until the board	79471
of county commissioners adopts a resolution under the first	79472
paragraph of section 5323.011 of the Revised Code.	79473

Section 753.20. (A) The staff of the Legislative Service	79474
Commission shall study the feasibility and potential results of	79475
the state's offering incentives for local entities, including	79476
municipal corporations, counties, townships, local historical	79477
societies, and regional authorities, to assume control of state	79478
historical sites. The incentives to be studied shall include the	79479
establishment of tax credits, the contribution of capital dollars,	79480
and the creation of an endowment-matching program.	79481

The study shall focus on the cost and funding aspects of the	79482
incentives that are studied. In addition, the study shall attempt	79483
to determine the potential results of providing each incentive at	79484
varying levels.	79485

(B) Not later than six months after the effective date of	79486
this section, the staff of the Commission shall report its	79487
findings to the Commission.	79488

Section 753.30. (A) The Governor is hereby authorized to	79489
execute a deed in the name of the state conveying to the City of	79490
Columbus, and its successors and assigns, all of the state's	79491
right, title, and interest in real estate consisting of	79492
approximately 13 acres in Franklin Township of Franklin County,	79493
being part of or near the former Training Institution Central	79494
Ohio, together with any perpetual easements of access over certain	79495
existing or future driveways, the real estate being more	79496
particularly described as follows:	79497

Situated in the State of Ohio, County of Franklin, City of	79498
Columbus, Township 5 North, Range 23 West and in the Virginia	79499
Military District. Being a part of the State of Ohio original	79500
300-acre tract of record in Deed Book 101, page 390 of the	79501
Recorder's Records, Franklin County, Ohio, and being more	79502
particularly described as follows:	79503

Beginning, For Reference, at an iron pin with identification	79504
cap stamped "Patridge" found marking the intersection of the	79505
easterly line of the Wheatland Avenue 40-feet-wide Right-of-Way	79506
and the Northerly line of West Broad Street 80-feet-wide	79507
Right-of-Way;	79508

thence North 5°12'48" West 2612.22 feet, in said easterly line of	79509
Wheatland Avenue and vacated Wheatland Avenue, to a 5/8-inch	79510
reinforcing rod found;	79511

thence South 75°43'06" East 188.42 feet, to an iron pipe set	79512
marking the Place of Beginning of the tract herein described;	79513

thence North 5°02'11" West 384.70 feet, to an iron pipe set;

79514

thence North 67°03'42" East 118.78 feet, to an iron pipe set;

79515

thence North 74°42'07" East 230.99 feet, to an iron pipe set;

79516

thence North 79°39'53" East 191.19 feet, to a 5/8-inch reinforcing	79517
rod found marking the most easterly corner of the Gang of Four,	79518
Ltd. 5.254-acre tract of record in Instrument Number	79519
199902040029850 of said Recorder's Records, in a northerly line of	79520
said 300-acre tract and a Point of Tangency in the original	79521
southerly line of the Camp Chase Industrial Railroad Corporation	79522
Tract of record in Official Record 28363 F03 of said Recorder's	79523
Records;	79524

thence North 86°38'37" East 383.75 feet, in a southerly line of	79525
said Camp Chase Railroad tract and in a northerly line of said	79526
300-acre tract, to an iron pipe set;	79527

thence South 04°38'21" West 694.64 feet, to an iron pipe set;

79528

thence South 75°43'06" East 174.01 feet, to an iron pipe set;

79529

thence North 89°32'10" East 521.90 feet, to an iron pipe set;

79530

thence South 85°04'20" East 161.72 feet, to an iron pipe set;

79531

thence South 14°52'48" East 63.77 feet, to a spike set;

79532

thence North 85°04'20" West 180.51 feet, to an iron pipe set;

79533

thence South 89°32'10" West 526.84 feet, to an iron pipe set;

79534

thence North 75°43'06" West 1005.86 feet, to the Place of	79535
Beginning containing 12.997 acres, more or less.	79536

This description is based on a field survey in April and May of	79537
2007 by Gary L. Elswick, Professional Surveyor #6395. Iron pipes	79538
set are ¾-inch ID galvanized pipe with identification cap stamped	79539
"HOCKADEN". Bearings are assumed and for the determination of	79540
angles only.	79541

This description may be modified to a final form if	79542
modifications are needed.	79543

(B)(1) Consideration for the conveyance of the real estate is	79544
the purchase price of $194,955.00.	79545

(2) The State may also require additional consideration for	79546
any perpetual easement needed by the City of Columbus to access	79547
the real estate. The consideration shall be a price mutually	79548
agreed upon between the City of Columbus and the state.	79549

(C)(1) The conveyance of the real estate is subject to the	79550
following conditions and restrictions:	79551

(a) The City of Columbus and its successors and assigns shall	79552
receive written approval from the state to use or develop the real	79553
estate for any purpose other than a police heliport or uses or	79554
developments incident thereto.	79555

(b) The City of Columbus shall, prior to selling, conveying,	79556
or transferring ownership of the real estate, first offer the	79557
state the right to purchase the real estate at a price not less	79558
than fair market value as appraised by a disinterested party.	79559

(2) The conveyance may be subject to conditions and	79560
restrictions that have been determined necessary by the Director	79561
of Administrative Services to assure there is no interference with	79562
state uses on state-owned real estate that adjoins the real estate	79563
conveyed.	79564

(D) Upon payment of the purchase price, the Auditor of State,	79565
with the assistance of the Attorney General, shall prepare a deed	79566
to the real estate. The deed shall state the consideration and the	79567
conditions and restrictions. The deed shall be executed by the	79568
Governor in the name of the state, shall be countersigned by the	79569
Secretary of State, shall be sealed with the Great Seal of the	79570
State, shall be presented for recording in the Office of the	79571
Auditor of State, and shall be delivered to the City of Columbus.	79572
The City of Columbus shall present the deed for recording in the	79573
Office of the Franklin County Recorder.	79574

(E) The City of Columbus shall pay the costs of the	79575
conveyance.	79576

(F) This section expires one year after its effective date.

79577

Section 753.40. (A) The Governor is hereby authorized to	79578
execute a deed in the name of the state conveying to the City of	79579
Celina the state's right of reverter retained in the conveyance	79580
authorized in Am. H.B. 823 of the 112th General Assembly in the	79581
following described real estate:	79582

Being a parcel of land situated in the City of Celina,	79583
Jefferson Township, Mercer County, Ohio, and in the northwest	79584
quarter of Section 6, Township 6 South, Range 3 East, being more	79585
particularly described as follows:	79586

Commencing at an iron pin with cap set at the most southern	79587
point of lot number 6 of Dickman's Addition (Plat Book 2, Page 3)	79588
in the City of Celina;	79589

thence N 68°42'59" W, 20.00 feet along the south line of said	79590
Dickman's Addition to an iron pin with cap set as the Point of	79591
Beginning;	79592

thence S 57°41'29" W, 210.06 feet to an iron pin with cap	79593
set;	79594

thence N 46°02'00" W, 214.80 feet to an iron pin with cap	79595
set;	79596

thence S 73°50'04" E, 102.64 feet along the south line of	79597
said Dickman's Addition to an iron pin with cap set;	79598

thence N 75°48'13" E, 132.78 feet along the south line of	79599
said Dickman's Addition to an iron pin with cap set;	79600

thence S 68°42'59" E, 112.51 feet along the south line of	79601
said Dickman's Addition to the Point of Beginning, containing	79602
0.535 acres of land more or less, subject to all valid easements	79603
and right-of-way.	79604

All bearings were calculated from angles turned in an actual	79605
field survey by Kent B. Marbaugh, Registered Surveyor #7421, dated	79606
April 16, 2007, on file in the County Engineer's Office.	79607

The state retains its right of reverter for the remainder of	79608
the real estate conveyed pursuant to that act.	79609

(B) Consideration for conveyance of the right of reverter is	79610
the mutual benefit accruing to the state and to the City of Celina	79611
from the reconfiguration of the entrance to the city park located	79612
on the real estate conveyed in Am. H.B. 823 of the 112th General	79613
Assembly.	79614

(C) The Auditor of State, with the assistance of the Attorney	79615
General, shall prepare a deed to the real estate conveying the	79616
right of reverter. The deed shall state the consideration. The	79617
deed shall be executed by the Governor in the name of the state,	79618
countersigned by the Secretary of State, sealed with the great	79619
seal of the state, presented in the office of the Auditor of State	79620
for recording, and delivered to the City of Celina. The City of	79621
Celina shall present the deed for recording in the office of the	79622
Mercer County Recorder.	79623

(D) This section expires four years after its effective date.

79624

* Section 755.03. The Director of Transportation may conduct a	79625
twelve-month pilot project to be completed not later than June 30,	79626
2009, for energy price risk management by entering into a contract	79627
with a qualified provider of energy risk management services. The	79628
contract may include rate analysis, negotiation services, market	79629
and regulatory analysis, budget and financial analysis, and	79630
mitigation strategies for volatile energy sources, including	79631
natural gas, gasoline, oil, and diesel fuel, but shall not include	79632
energy procurement and shall not subject more than thirty per cent	79633
of the Department's annual energy needs to the risk management	79634
services. The Director shall select the energy risk management	79635
services provider through a qualifications-based selection	79636
process, subject to Controlling Board approval. The contract shall	79637
specify that the Department may share the analysis and services of	79638
the energy risk management services provider with all state	79639
agencies and operations. The Director may use revenues from the	79640
state motor vehicle fuel tax or other funds appropriated by the	79641
General Assembly for the pilot project to pay amounts due under	79642
the contract and shall deposit any amounts received under the	79643
contract into the Highway Operating Fund created under section	79644
5735.291 of the Revised Code.	79645

Section 757.01. Every two years during biennial budget	79646
deliberations, the Tax Commissioner shall review the percentage of	79647
the total price of electricity that is indicated under division	79648
(C)(2) of section 5727.81 of the Revised Code, as amended by this	79649
act. Such review shall include a consideration of the fluctuations	79650
in the price of electricity that have occurred in the most recent	79651
two fiscal years and other factors influencing the economy of the	79652
state.	79653

Section 757.03. (A) Beginning in July 2007 and ending in	79654
November 2007, on or before the seventh day of each month, the Tax	79655
Commissioner shall determine and certify to the Director of Budget	79656
and Management the amount to be credited from each tax source	79657
under divisions (B), (C), and (D) of this section to the Local	79658
Government Fund, the Library and Local Government Support Fund,	79659
and the Local Government Revenue Assistance Fund.	79660

(B) Notwithstanding sections 5727.45, 5727.84, 5733.12,	79661
5739.21, 5741.03, and 5747.03 of the Revised Code or any other	79662
provision of law to the contrary, for each month in the period	79663
beginning July 1, 2007, and ending November 30, 2007, tax revenues	79664
credited to the Local Government Fund, the Library and Local	79665
Government Support Fund, and the Local Government Revenue	79666
Assistance Fund under those sections shall instead be credited as	79667
follows:	79668

(1) An amount shall first be credited to the Local Government	79669
Fund as prescribed under division (C) of this section;	79670

(2) An amount shall next be credited to the Local Government	79671
Revenue Assistance Fund as prescribed under division (C) of this	79672
section;	79673

(3) An amount shall next be credited to the Library and Local	79674
Government Support Fund as prescribed under division (D) of this	79675
section.	79676

(C) Receipts from the corporation franchise, sales and use,	79677
public utility excise, kilowatt-hour, and personal income taxes	79678
shall be credited to the Local Government Fund and the Local	79679
Government Revenue Assistance Fund as follows:	79680

(1) In July 2007, the amount that was credited in July 2006;

79681

(2) In August 2007, the amount that was credited in August	79682
2006;	79683

(3) In September 2007, the amount that was credited in	79684
September 2006;	79685

(4) In October 2007, the amount that was credited in October	79686
2006;	79687

(5) In November 2007, the amount that was credited in	79688
November 2006.	79689

(D) Receipts from the personal income tax shall be credited	79690
to the Library and Local Government Support Fund as follows:	79691

(1) In July 2007, the amount that was credited in July 2006;

79692

(2) In August 2007, the amount that was credited in August	79693
2006;	79694

(3) In September 2007, the amount that was credited in	79695
September 2006;	79696

(4) In October 2007, the amount that was credited in October	79697
2006;	79698

(5) In November 2007, the amount that was credited in	79699
November 2006.	79700

(E)(1) To the extent the amounts required to be credited to	79701
the Local Government Fund, the Library and Local Government	79702
Support Fund, and the Local Government Revenue Assistance Fund	79703
under divisions (C) and (D) of this section exceed the amounts	79704
that otherwise would have been credited to those funds under	79705
sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03	79706
of the Revised Code, amounts required to be credited to the	79707
General Revenue Fund under those sections shall be reduced	79708
accordingly.	79709

(2) To the extent the amounts required to be credited to the	79710
Local Government Fund, the Library and Local Government Support	79711
Fund, and the Local Government Revenue Assistance Fund under	79712
divisions (C) and (D) of this section are less than the amounts	79713
that otherwise would have been credited to those funds under	79714
sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03	79715
of the Revised Code, amounts required to be credited to the	79716
General Revenue Fund under those sections shall be increased	79717
accordingly.	79718

(F) The total amount credited each month under this section	79719
to the Local Government Fund, the Library and Local Government	79720
Support Fund, and the Local Government Revenue Assistance Fund	79721
shall be distributed on or before the tenth day of the immediately	79722
succeeding month as follows:	79723

(1) Each county undivided Local Government Fund shall receive	79724
a distribution from the Local Government Fund that is based upon	79725
its proportionate share of the total amount received by it from	79726
the fund in the same month during the preceding calendar year.	79727

(2) Each municipal corporation receiving a direct	79728
distribution from the Local Government Fund shall receive a	79729
distribution that is based upon its proportionate share of the	79730
total amount received by it from the fund in the same month during	79731
the preceding calendar year.	79732

(3) Each county undivided Local Government Revenue Assistance	79733
Fund shall receive a distribution from the Local Government	79734
Revenue Assistance Fund that is based upon its proportionate share	79735
of the total amount received by it from the fund in the same month	79736
during the preceding calendar year.	79737

(4) Each county undivided Library and Local Government	79738
Support Fund shall receive a distribution from the Library and	79739
Local Government Support Fund that is based upon its proportionate	79740
share of the total amount received by it from the fund in the same	79741
month during the preceding calendar year.	79742

(G) Distributions shall not be made in accordance with	79743
sections 5747.47 and 5747.50 of the Revised Code until January 1,	79744
2008.	79745

(H) Notwithstanding section 5747.47 of the Revised Code, the	79746
Tax Commissioner is not required to issue the certification	79747
required by that section to be made in December 2007 for calendar	79748
year 2007. The Tax Commissioner may, as the Commissioner considers	79749
appropriate, provide to each county auditor additional revised	79750
estimates or other information relating to distributions in 2007,	79751
2008, or 2009 at any time during the period beginning July 1,	79752
2007, and ending June 30, 2009.	79753

(I)(1) Notwithstanding division (A) of section 131.51 of the	79754
Revised Code, on or before January 5, 2008, the Director of Budget	79755
and Management shall credit to the Local Government Fund an amount	79756
equal to three and sixty-eight one-hundredths per cent of total	79757
tax revenues credited to the General Revenue Fund during December	79758
2007. In determining the total tax revenues credited to the	79759
General Revenue Fund during that month, transfers made from the	79760
General Revenue Fund during that month to the Local Government	79761
Fund, the Local Government Revenue Assistance Fund, and the	79762
Library and Local Government Support Fund shall be disregarded.	79763
Moneys credited to the Local Government Fund under division (I)(1)	79764
of this section shall be distributed in January 2008 in accordance	79765
with section 5747.50 of the Revised Code.	79766

(2) Notwithstanding division (B) of section 131.51 of the	79767
Revised Code, on or before January 5, 2008, the Director of Budget	79768
and Management shall credit to the Library and Local Government	79769
Support Fund an amount equal to two and twenty-two one-hundredths	79770
per cent of total tax revenues credited to the General Revenue	79771
Fund during December 2007. In determining the total tax revenues	79772
credited to the General Revenue Fund during that month, transfers	79773
made from the General Revenue Fund during that month to the Local	79774
Government Fund, the Local Government Revenue Assistance Fund, and	79775
the Library and Local Government Support Fund shall be	79776
disregarded. Moneys credited to the Library and Local Government	79777
Support Fund under division (I)(2) of this section shall be	79778
distributed in January 2008 in accordance with section 5747.47 of	79779
the Revised Code.	79780

Section 757.04. Notwithstanding sections 5747.46 and 5747.47	79781
of the Revised Code or any other provision of law to the contrary,	79782
a county's actual Library and Local Government Support Fund total	79783
entitlement for the 2007 distribution year shall equal the amount	79784
that was distributed to the county's Library and Local Government	79785
Support Fund from the Library and Local Government Support Fund	79786
during the 2007 calendar year. Each county's resulting calendar	79787
year 2007 Library and Local Government Support Fund entitlement	79788
shall be used by the Tax Commissioner for purposes of determining	79789
the guaranteed share of the Library and Local Government Support	79790
Fund in section 5747.46 of the Revised Code for the 2008	79791
distribution year and shall be used by the Commissioner in making:	79792

(A) The calendar year 2008 estimated entitlements of the	79793
Library and Local Government Support Fund required by section	79794
5747.47 of the Revised Code to be certified to county auditors in	79795
July 2007, December 2007, and June 2008; and	79796

(B) The calendar year 2008 actual Library and Local	79797
Government Support Fund entitlement computations required by	79798
section 5747.47 of the Revised Code to be certified to county	79799
auditors in December 2008.	79800

Section 757.06. As used in this section, "electric company	79801
tax value loss" has the same meaning as in section 5727.84 of the	79802
Revised Code.	79803

The amendment by this act of division (D) of section 5727.84	79804
of the Revised Code is remedial in nature. The Tax Commissioner	79805
shall determine the amount of any additional electric company tax	79806
value loss resulting from that amendment. Notwithstanding the	79807
deadlines prescribed in sections 5727.84, 5727.85, and 5727.86 of	79808
the Revised Code to the contrary, the Tax Commissioner and the	79809
Department of Education shall perform all of the computations and	79810
make all of the certifications and payments described in those	79811
sections in connection with any additional electric company tax	79812
value loss resulting from division (D)(4) of section 5727.84 of	79813
the Revised Code, as amended by this act.	79814

Section 757.07. For tax years 2007 and thereafter, telephone,	79815
telegraph, and interexchange telecommunications companies, as	79816
defined in section 5727.01 of the Revised Code, shall list taxable	79817
property at the percentage of true value required in Chapter 5711.	79818
of the Revised Code. For purposes of assigning taxable valuation	79819
to each taxing district for those years, the Tax Commissioner	79820
shall continue to use the apportionment provisions of Chapter	79821
5727. of the Revised Code. However, such property shall be listed	79822
by the county auditor and certified to the county treasurer for	79823
collection under the provisions applicable to the general tax list	79824
of personal property and not upon the tax list and duplicate of	79825
real and public utility personal property.	79826

Section 757.08. Resolutions adopted by a board of township	79827
trustees of a limited home rule township pursuant to Chapter 504.	79828
and section 5709.73 of the Revised Code in December 2005 are	79829
hereby deemed to have had an immediate effective date if the board	79830
unanimously adopts a resolution so declaring. This section applies	79831
to applications for exemption under section 5709.73 of the Revised	79832
Code pending before the Tax Commissioner on the effective date of	79833
this section and to such applications filed or refiled within 90	79834
days after that effective date.	79835

Section 757.10. The Office of Information Technology, in	79836
conjunction with the Department of Taxation, may acquire the State	79837
Taxation Accounting and Revenue System (STARS) pursuant to Chapter	79838
125. of the Revised Code, including, but not limited to, the	79839
application software and installation and implementation thereof,	79840
for the use of the Department of Taxation. STARS is an integrated	79841
tax collection and audit system that will replace all of the	79842
state's existing separate tax software and administration systems	79843
for the various taxes collected by the state. Any lease-purchase	79844
arrangement used under Chapter 125. of the Revised Code to acquire	79845
STARS, including any fractionalized interests therein as defined	79846
in division (N) of section 133.01 of the Revised Code, must	79847
provide that at the end of the lease period, STARS becomes the	79848
property of the state.	79849

Section 757.20. (A) As used in this section, "zoned	79850
commercial or industrial area" means a nonagricultural area that	79851
is reserved for business, commerce, or trade pursuant to local	79852
zoning law or state law.	79853

(B) The board of directors of the Muskingum Watershed	79854
Conservancy District shall prepare written notification of the	79855
maintenance assessment to be levied by the District under section	79856
6101.53 of the Revised Code that is scheduled to begin collection	79857
in calendar year 2008. The notification shall include a statement	79858
that the District intends to levy the maintenance assessment and	79859
shall include, with respect to each person to whom notification is	79860
required to be sent under division (C) of this section, an	79861
indication of the amount of the maintenance assessment that is	79862
applicable to that person.	79863

(C) The board of directors of the Muskingum Watershed	79864
Conservancy District shall cause to be sent by United States mail	79865
the notification of the maintenance assessment that is required in	79866
division (B) of this section to each person who owns property	79867
within the territorial boundaries of the district that is located	79868
within a zoned commercial or industrial area. The notification	79869
shall be sent not later than one hundred twenty days prior to the	79870
date on which the maintenance assessment is scheduled to begin	79871
collection.	79872

Section 803.03. The amendment or enactment by this act of	79873
sections 3119.022, 3119.023, 3119.05, 3119.29, 3119.30, 3119.302,	79874
and 3119.32 of the Revised Code first applies on February 1, 2008,	79875
or on the effective date of regulations defining "reasonable cost"	79876
issued by the United States Secretary of Health and Human	79877
Services, whichever is later.	79878

Section 803.06. The amendments by this act to sections	79879
323.151, 323.152, 323.153, and 323.154 of the Revised Code are	79880
first effective for tax year 2007, and the amendments to sections	79881
4503.064, 4503.065, 4503.066, and 4503.067 of the Revised Code are	79882
first effective for tax year 2008, and the following provisions	79883
shall apply:	79884

(A) Notwithstanding the filing deadlines set forth in	79885
sections 323.153 and 4503.066 of the Revised Code, original	79886
applications requesting reductions pursuant to division (A) of	79887
section 323.152 or section 4503.065 of the Revised Code may be	79888
filed not later than October 1, 2007. Notwithstanding the	79889
deadlines set forth in division (A) of section 323.153 of the	79890
Revised Code for homesteads in a housing cooperative, not later	79891
than August 1, 2007, the nonprofit corporation that owns and	79892
operates the housing cooperative shall obtain original	79893
applications from the county auditor and provide one to each	79894
occupant in the cooperative. Not later than September 1, 2007, any	79895
occupant who may be eligible for the reduction in taxes under	79896
division (A) of section 323.152 of the Revised Code shall submit	79897
the completed application to the corporation. Not later than	79898
October 1, 2007, the corporation shall file all completed	79899
applications and the information required by division (B) of	79900
section 323.159 of the Revised Code with the county auditor of the	79901
county in which the occupants' homesteads are located.	79902

(B) Notwithstanding the deadlines set forth in sections	79903
323.154 and 4503.067 of the Revised Code, if an application	79904
requesting the reduction under division (A) of section 323.152 of	79905
the Revised Code for tax year 2007 or under section 4503.065 of	79906
the Revised Code for tax year 2008 is not approved or the county	79907
auditor otherwise determines that the homestead does not qualify	79908
for a reduction in taxes, the auditor's deadline to notify the	79909
applicant of the reasons for such denial shall be extended to	79910
November 1, 2007.	79911

Section 803.07. The amendment by this act of sections	79912
5711.01 and 5727.06 of the Revised Code applies to telephone,	79913
telegraph, or interexchange telecommunications companies, as	79914
defined in section 5727.01 of the Revised Code, for tax year 2007	79915
and thereafter.	79916

Section 803.09. The amendment or enactment by this act of	79917
section 4505.06, division (B)(23) of section 5739.02, and sections	79918
5739.029, 5739.033, and 5739.213 of the Revised Code apply to	79919
sales described in division (A) of section 5739.029 of the Revised	79920
Code on or after August 1, 2007.	79921

Section 806.03. The sections and items of law contained in	79922
this act, and their applications, are severable. If any section or	79923
item of law contained in this act, or if any application of any	79924
section or item of law contained in this act, is held invalid, the	79925
invalidity does not affect other sections or items of law	79926
contained in this act and their applications that can be given	79927
effect without the invalid section or item of law or application.	79928

Section 809.03. An item of law, other than an amending,	79929
enacting, or repealing clause, that composes the whole or part of	79930
an uncodified section contained in this act has no effect after	79931
June 30, 2009, unless its context clearly indicates otherwise.	79932

Section 812.03. Except as otherwise specifically provided in	79933
this act, the codified sections of law amended or enacted in this	79934
act, and the items of law of which the codified sections of law	79935
amended or enacted in this act are composed, are subject to the	79936
referendum. Therefore, under Ohio Constitution, Article II,	79937
Section 1c and section 1.471 of the Revised Code, the codified	79938
sections of law amended or enacted by this act, and the items of	79939
law of which the codified sections of law as amended or enacted by	79940
this act are composed, take effect on the ninety-first day after	79941
this act is filed with the Secretary of State. If, however, a	79942
referendum petition is filed against any such codified section of	79943
law as amended or enacted by this act, or against any item of law	79944
of which any such codified section of law as amended or enacted by	79945
this act is composed, the codified section of law as amended or	79946
enacted, or item of law, unless rejected at the referendum, takes	79947
effect at the earliest time permitted by law.	79948

Section 812.06. Except as otherwise specifically provided in	79949
this act, the repeal by this act of a codified section of law is	79950
subject to the referendum. Therefore, under Ohio Constitution,	79951
Article II, Section 1c and section 1.471 of the Revised Code, the	79952
repeal by this act of a codified section of law takes effect on	79953
the ninety-first day after this act is filed with the Secretary of	79954
State. If, however, a referendum petition is filed against any	79955
such repeal, the repeal, unless rejected at the referendum, takes	79956
effect at the earliest time permitted by law.	79957

Section 812.12. Uncodified sections of law amended or enacted	79958
in this act, and items of law contained within the uncodified	79959
sections of law amended or enacted in this act, that are marked	79960
with an asterisk are subject to the referendum. Therefore, under	79961
Ohio Constitution, Article II, Section 1c and section 1.471 of the	79962
Revised Code, the uncodified sections and items of law marked with	79963
an asterisk take effect on the ninety-first day after this act is	79964
filed with the Secretary of State. If, however, a referendum	79965
petition is filed against an uncodified section or item of law	79966
marked with an asterisk, the uncodified section or item of law	79967
marked with an asterisk, unless rejected at the referendum, takes	79968
effect at the earliest time permitted by law.	79969

If the amending and existing repeal clauses commanding the	79970
amendment of an uncodified section of law are both marked with	79971
asterisks, the uncodified section as amended is deemed also to	79972
have been marked with an asterisk.	79973

An asterisk marking an uncodified section or item of law has	79974
the form*.	79975

This section defines the meaning and form of, but is not	79976
itself to be considered marked with, an asterisk.	79977

Section 815.03. The sections of law amended or enacted by	79978
this act that are listed in this section, and the items of law of	79979
which such sections as amended or enacted by this act are	79980
composed, are not subject to the referendum. Therefore, under Ohio	79981
Constitution, Article II, Section 1d and section 1.471 of the	79982
Revised Code, such sections as amended or enacted by this act, and	79983
the items of law of which such sections as amended or enacted by	79984
this act are composed, go into immediate effect when this act	79985
becomes law.	79986

Sections 117.11, 117.112, 122.051, 122.071, 122.076, 122.17,	79987
122.171, 122.174, 122.602, 124.152, 126.03, 126.24, 126.40,	79988
173.35, 183.01, 183.021, 183.17, 183.33, 183.34, 183.35, 183.51,	79989
183.52, 1503.05, 1713.031, 2305.2341, 2927.023, 3109.04, 3109.041,	79990
3119.022, 3119.023, 3119.05, 3119.29, 3119.30, 3119.302, 3119.32,	79991
3301.0711, 3313.615, 3313.98, 3314.015, 3314.016, 3314.02,	79992
3314.074, 3314.08, 3314.087, 3314.088, 3314.19, 3317.01, 3317.012,	79993
3317.013, 3317.014, 3317.015, 3317.016, 3317.017, 3317.021,	79994
3317.022, 3317.023, 3317.024, 3317.025, 3317.029, 3317.0216,	79995
3317.0217, 3317.03, 3317.04, 3317.05, 3317.052, 3317.063, 3317.08,	79996
3317.16, 3317.20, 3317.201, 3318.12, 3333.36, 3333.38, 3333.55,	79997
3333.60, 3333.61, 3333.62, 3333.63, 3333.64, 3333.65, 3333.66,	79998
3333.67, 3333.68, 3333.69, 3333.70, 3345.32, 3353.02, 3353.03,	79999
3365.01, 3701.047, 3701.135, 3702.68 (3702.59), 3704.03, 3721.51,	80000
3721.541, 3721.56, 3735.672, 4503.10, 4513.263, 4723.621, 4723.63,	80001
4723.64, 4723.65, 4723.66, 4743.05, 4753.02, 4753.05, 4753.073,	80002
4753.101, 4753.11, 4766.05, 4775.08, 5101.802, 5101.98, 5104.04,	80003
5104.30, 5111.871, 5111.8814, 5112.341, 5123.01, 5123.033,	80004
5123.045, 5123.0414, 5123.0415, 5123.051, 5123.16, 5123.161,	80005
5123.162, 5123.163, 5123.164, 5123.165, 5123.166, 5123.167,	80006
5123.168, 5123.169, 5123.19, 5123.196, 5123.198, 5123.20,	80007
5123.211, 5123.38, 5123.41, 5123.51, 5123.605, 5123.99, 5126.12,	80008
5126.15, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45,	80009
5126.47, 5709.68, 5711.01, 5727.06, 5727.86, 5747.47, 5747.50,	80010
5747.501, 5747.51, 5747.54, 5751.21, 5907.15, 5907.16, and	80011
6111.0381 of the Revised Code.	80012

Section 815.06. The repeal by this act of the sections of law	80013
listed in this section is not subject to the referendum.	80014
Therefore, under Ohio Constitution, Article II, Section 1d and	80015
section 1.471 of the Revised Code, the repeals go into immediate	80016
effect when this act becomes law.	80017

Sections 183.02, 183.27, 183.32, 5123.16, 5123.182, 5123.199,	80018
5126.053, 5126.431, 5126.44, 5126.451, 5747.61, 5747.62, and	80019
5747.63 of the Revised Code.	80020

The version of section 3702.68 of the Revised Code that was	80021
scheduled to take effect July 1, 2007.	80022

Section 815.09. The sections of law amended, enacted, or	80023
repealed by this act that are listed in this section are not	80024
subject to the referendum. Therefore, under Ohio Constitution,	80025
Article II, Section 1d and section 1.471 of the Revised Code, the	80026
sections as amended, enacted, or repealed, and the items of law of	80027
which as amended or enacted they are composed, go into effect as	80028
specified in this section.	80029

Sections 126.04, 127.16, 173.351, 173.401, 3718.03, 5101.27,	80030
5101.272, 5111.872, 5111.89, 5111.891, 5111.894, 5123.046,	80031
5123.047, 5123.048, 5123.049, 5123.0411, 5123.0416, 5126.054,	80032
5126.056, 5126.059, 5126.0510, 5126.0512, and 5705.44 of the	80033
Revised Code take effect July 1, 2007.	80034

Sections 340.03 and 5119.611 of the Revised Code take effect	80035
July 1, 2007.	80036

Section 4301.43 of the Revised Code takes effect July 1,	80037
2007.	80038

Sections 5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of	80039
the Revised Code take effect December 1, 2007.	80040

Sections 131.44, 131.51, 5705.29, 5725.24, 5739.032,	80041
5739.122, 5739.124, 5741.121, and 5741.122 of the Revised Code	80042
take effect January 1, 2008.	80043

Section 815.12. Except as otherwise specifically provided in	80044
this act, the uncodified sections of law amended or enacted in	80045
this act, and the items of law of which the uncodified sections of	80046
law amended or enacted in this act are composed, are not subject	80047
to the referendum. Therefore, under Ohio Constitution, Article II,	80048
Section 1d and section 1.471 of the Revised Code, the uncodified	80049
sections of law amended or enacted in this act, and the items of	80050
law of which the uncodified sections of laws amended or enacted in	80051
this act are composed, go into immediate effect when this act	80052
becomes law.	80053

Section 818.03. The amendment or enactment by this act of the	80054
sections of law listed in this section provides for or is	80055
essential to implementation of a tax levy. Therefore, under Ohio	80056
Constitution, Article II, Section 1d, the amendments and	80057
enactments, and the items of which they are composed, are not	80058
subject to the referendum and go into immediate effect when this	80059
act becomes law.	80060

Sections 133.01, 305.31, 307.672, 319.202, 319.54, 322.01,	80061
323.151, 323.152, 323.153, 323.154, 325.31, 333.02, 333.04,	80062
4503.06, 4503.061, 4503.064, 4503.065, 4503.066, 4503.067,	80063
4505.06, 5705.214, 5733.39, 5739.02, 5739.029, 5739.033, 5739.09,	80064
5739.12, 5739.213, 5741.02, 5743.01, 5743.20, 5745.02, 5745.05,	80065
5745.13, 5747.01, 5748.01, 5748.02, 5748.021, 5748.022, and	80066
5751.23 of the Revised Code.	80067

Section 818.09. The repeal by this act of section 5743.331 of	80068
the Revised Code provides for or is essential to the	80069
implementation of a tax levy. Therefore, under Ohio Constitution,	80070
Article II, Section 1d, the repeal is not subject to the	80071
referendum and goes into immediate effect when this act becomes	80072
law.	80073

Section 821.06. (A) Except as otherwise provided in division	80074
(B) of this section, the amendments by this act to section 3317.02	80075
of the Revised Code are not subject to the referendum. Therefore,	80076
under Ohio Constitution, Article II, Section 1d and section 1.471	80077
of the Revised Code, the amendments go into immediate effect.	80078

(B) The amendment to section 3317.02 of the Revised Code that	80079
substitutes the term "state education aid" for the term "SF-3	80080
payment" is subject to the referendum. Therefore, under Ohio	80081
Constitution, Article II, Section 1c and section 1.471 of the	80082
Revised Code, the amendment takes effect on the ninety-first day	80083
after this act is filed with the Secretary of State. If, however,	80084
a referendum petition is filed against the amendment, the	80085
amendment, unless rejected at the referendum, takes effect at the	80086
earliest time permitted by law.	80087

Section 821.09. (A) Except as otherwise provided in division	80088
(B) of this section, the amendments to section 5111.014 of the	80089
Revised Code are subject to the referendum. Therefore, under Ohio	80090
Constitution, Article II, Section 1c and section 1.471 of the	80091
Revised Code, the amendments take effect January 1, 2008. If,	80092
however, a referendum petition is filed against the amendments,	80093
the amendments, unless rejected at the referendum, take effect at	80094
the earliest time permitted by law that is on or after the	80095
effective date specified in this division.	80096

(B) The amendments to division (A)(2) of section 5111.014 of	80097
the Revised Code that strike through "The" and insert "Subject to	80098
an executive order issued under section 5111.0120 of the Revised	80099
Code, the" take effect on the ninety-first day after this act is	80100
filed with the Secretary of State. If, however, a referendum	80101
petition is filed against the amendments, the amendments, unless	80102
rejected at the referendum, take effect at the earliest time	80103
permitted by law.	80104

Section 821.12. (A) Except as otherwise provided in division	80105
(B) of this section, the amendments by this act to section 5111.20	80106
of the Revised Code are subject to the referendum. Therefore,	80107
under Ohio Constitution, Article II, Section 1c and section 1.471	80108
of the Revised Code, the amendments take effect on the	80109
ninety-first day after this act is filed with the Secretary of	80110
State. If, however, a referendum petition is filed against the	80111
amendments, the amendments, unless rejected at the referendum,	80112
take effect at the earliest time permitted by law.	80113

(B) The amendment to division (H)(3)(a) of section 5111.20 of	80114
the Revised Code is not subject to the referendum. Therefore,	80115
under Ohio Constitution, Article II, Section 1d and section 1.471	80116
of the Revised Code, the amendment goes into immediate effect.	80117

Section 821.13. (A) Except as otherwise provided in division	80118
(B) of this section, the amendments by this act to section	80119
5126.046 of the Revised Code are not subject to the referendum.	80120
Therefore, under Ohio Constitution, Article II, Section 1d and	80121
section 1.471 of the Revised Code, the amendments go into	80122
immediate effect.	80123

(B) The amendments to division (A) and the third paragraph of	80124
division (B) of section 5126.046 of the Revised Code are not	80125
subject to the referendum. Therefore, under Ohio Constitution,	80126
Article II, Section 1d and section 1.471 of the Revised Code, the	80127
amendments take effect July 1, 2007.	80128

Section 821.15. (A) Except as otherwise provided in division	80129
(B) of this section, the amendments by this act to section	80130
5126.055 of the Revised Code are subject to the referendum.	80131
Therefore, under Ohio Constitution, Article II, Section 1c and	80132
section 1.471 of the Revised Code, the amendments take effect on	80133
the ninety-first day after this act is filed with the Secretary of	80134
State. If, however, a referendum petition is filed against the	80135
amendments, the amendments, unless rejected at the referendum,	80136
take effect at the earliest time permitted by law.	80137

(B) The amendment to section 5126.055 of the Revised Code	80138
that strikes through "5123.16" and inserts "5123.161" is not	80139
subject to the referendum. Therefore, under Ohio Constitution,	80140
Article II, Section 1d and section 1.471 of the Revised Code, the	80141
amendment goes into immediate effect.	80142

Section 821.16. (A) Except as otherwise provided in division	80143
(B) of this section, the amendments by this act to section	80144
5126.057 (5126.0511) of the Revised Code are not subject to the	80145
referendum. Therefore, under Ohio Constitution, Article II,	80146
Section 1d and section 1.471 of the Revised Code, the amendments	80147
take effect July 1, 2007.	80148

(B) The amendments to relettered division (A)(2) and (A)(4)	80149
of section 5126.057 of the Revised Code are not subject to the	80150
referendum. Therefore, under Ohio Constitution, Article II,	80151
Section 1d and section 1.471 of the Revised Code, the amendments	80152
go into immediate effect.	80153

Section 821.17. (A) Except as otherwise provided in division	80154
(B) of this section, the amendments by this act to section 5126.18	80155
of the Revised Code are not subject to the referendum. Therefore,	80156
under Ohio Constitution, Article II, Section 1d and section 1.471	80157
of the Revised Code, the amendments go into immediate effect.	80158

(B) The amendments to division (H) of section 5126.18 of the	80159
Revised Code are not subject to the referendum. Therefore, under	80160
Ohio Constitution, Article II, Section 1d and section 1.471 of the	80161
Revised Code, the amendments take effect July 1, 2007.	80162

Section 821.17.10. (A) Except as otherwise provided in	80163
division (B) of this section, the amendments by this act to	80164
section 5727.84 of the Revised Code are not subject to the	80165
referendum. Therefore, under Ohio Constitution, Article II,	80166
Section 1d and section 1.471 of the Revised Code, the amendments	80167
take effect December 1, 2007.	80168

(B) The amendments to division (D) of section 5727.84 of the	80169
Revised Code are not subject to the referendum. Therefore, under	80170
Ohio Constitution, Article II, Section 1d and section 1.471 of the	80171
Revised Code, the amendments take immediate effect.	80172

Section 821.18. (A) Except as otherwise provided in division	80173
(B) of this section, the amendments by this act to section 5727.87	80174
of the Revised Code provide for or are essential to implementation	80175
of a tax levy. Therefore, under Ohio Constitution, Article II,	80176
Section 1d, the amendments are not subject to the referendum and	80177
go into immediate effect when this act becomes law.	80178

(B) The amendment to division (A)(2)(b) of section 5727.87 of	80179
the Revised Code is subject to the referendum. Therefore, under	80180
Ohio Constitution, Article II, Section 1c and section 1.471 of the	80181
Revised Code, the amendment takes effect on the ninety-first day	80182
after this act is filed with the Secretary of State. If, however,	80183
a referendum petition is filed against the amendment, the	80184
amendment, unless rejected at the referendum, takes effect at the	80185
earliest time permitted by law.	80186

Section 821.21. If the amendment or enactment in this act of	80187
a codified or uncodified section of law is subject to the	80188
referendum, the corresponding indications in the amending,	80189
enacting, or existing repeal clauses commanding the amendment or	80190
enactment also are subject to the referendum, along with the	80191
amendment or enactment. If the amendment or enactment by this act	80192
of a codified or uncodified section of law is not subject to the	80193
referendum, the corresponding indications in the amending,	80194
enacting, or existing repeal clauses commanding the amendment or	80195
enactment also are not subject to the referendum, the same as the	80196
amendment or enactment.	80197

Section 824.03. The General Assembly, applying the principle	80198
stated in division (B) of section 1.52 of the Revised Code that	80199
amendments are to be harmonized if reasonably capable of	80200
simultaneous operation, finds that the following sections,	80201
presented in this act as composites of the sections as amended by	80202
the acts indicated, are the resulting versions of the sections in	80203
effect prior to the effective date of the sections as presented in	80204
this act:	80205

Section 109.572 of the Revised Code as amended by both Am.	80206
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly.	80207

Section 111.18 of the Revised Code as amended by both Am.	80208
Sub. H.B. 94 and Am. Sub. S.B. 74 of the 124th General Assembly.	80209

Section 323.153 of the Revised Code as amended by both Am.	80210
H.B. 595 and Am. Sub. H.B. 672 of the 123rd General Assembly.	80211

Section 711.131 of the Revised Code as amended by both Sub.	80212
H.B. 231 and Sub. S.B. 115 of the 125th General Assembly.	80213

Section 2921.42 of the Revised Code as amended by both Sub.	80214
H.B. 150 and Am. Sub. H.B. 285 of the 120th General Assembly.	80215

Section 3301.0714 of the Revised Code as amended by Am. Sub.	80216
H.B. 79, Am. Sub. H.B. 137, Am. Sub. H.B. 276, and Am. Sub. H.B.	80217
530 of the 126th General Assembly.	80218

Section 3313.64 of the Revised Code as amended Am. Sub. H.B.	80219
137, Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. S.B. 238 of	80220
the 126th General Assembly.	80221

Section 3317.03 of the Revised Code as amended by both Am.	80222
Sub. H.B. 79 and Am. Sub. H.B. 699 of the 126th General Assembly.	80223

Section 3318.01 of the Revised Code as amended by both Am.	80224
Sub. H.B. 11 of the 125th General Assembly and Am. Sub. H.B. 16 of	80225
the 126th General Assembly.	80226

Section 5107.05 of the Revised Code as amended by Am. Sub.	80227
H.B. 283, H.B. 471, and Sub. S.B. 245, all of the 123rd General	80228
Assembly, and Am. Sub. H.B. 66 of the 126th General Assembly.	80229

Section 5741.02 of the Revised Code as amended by both Sub.	80230
H.B. 294 and Am. Sub. S.B. 269 of the 126th General Assembly.	80231

Section 5748.01 of the Revised Code as amended by both Sub.	80232
H.B. 73 and Am. Sub. H.B. 699 of the 126th General Assembly.	80233

Section 5748.02 of the Revised Code as amended by both Am.	80234
Sub. H.B. 3 and Am. Sub. H.B. 530 of the 126th General Assembly.	80235

The finding in this section takes effect at the same time as	80236
the section referenced in the finding takes effect.	80237